50 CFR § 28.11 - 28.43 - The National Wildlife Refuge System - Enforcement, Penalty and Procedural Requirements for Violations of Sub-Chapter C

276 50 CFR Ch. I (10–1–23 Edition) § 27.95 streams or other areas within any na tional 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 provi sions which may be included in leases, agreements, or use permits, and all ap plicable Federal and State laws. § 27.95 Fires. On all national wildlife refuges per sons 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 au thorized 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 Advertising. Except as may be authorized, post ing, distributing, or otherwise dis playing private or public notices, ad vertisements, announcements, or dis plays of any kind in any national wild life refuge, other than business des ignations 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. PART 28—ENFORCEMENT, PENALTY, AND PROCEDURAL REQUIRE MENTS FOR VIOLATIONS OF SUB CHAPTER C Subpart A—Introduction Sec. 28.11 Purpose of regulations. Subpart B—Enforcement Authority 28.21 General provisions. Subpart C—Penalty Provisions 28.31 General penalty provisions. 28.32 Penalty provisions concerning fires and timber. Subpart D—Impoundment Procedures 28.41 Impoundment of abandoned property. 28.42 Impounding of domestic animals. 28.43 Destruction of dogs and cats. AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 685, 690d, 715i, 725; 43 U.S.C. 315a. SOURCE: 41 FR 9171, Mar. 3, 1976, unless oth erwise noted. Subpart A—Introduction § 28.11 Purpose of regulations. The regulations in this part govern enforcement, penalty, and procedural requirements for violations of sub chapter C of this chapter. [81 FR 79970, Nov. 14, 2016] Subpart B—Enforcement Authority § 28.21 General provisions. Refuge managers and other author ized personnel are authorized pursuant to authority delegated from the Sec retary 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 pos sible. 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 regu lations issued pursuant thereto; and the prohibitions and restrictions as posted. [41 FR 9171, Mar. 3, 1976, as amended at 44 FR 42976, July 23, 1979; 51 FR 7575, Mar. 5, 1986] VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00286 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 277 U.S. Fish and Wildlife Serv., Interior § 28.42 Subpart C—Penalty Provisions § 28.31 General penalty provisions. (a) Any person who violates any of the provisions, rules, regulations, post ed signs, or special regulations of this subchapter C, or any items, conditions or restrictions in a permit, license, grant, privilege, or any other limita tion established under the subchapter C shall be subject to the penalty provi sions of this section. (b) Failure of any person, utilizing the resources of any national wildlife refuge or enjoying any privilege of use thereon for any purpose whatsoever, to comply with any of the provisions, con ditions, restrictions, or requirements of this subchapter C or to comply with any applicable provisions of Federal or State law may render such person lia ble to: (1) The penalties as prescribed by law. (Sec. 4, 76 Stat. 654, 16 U.S.C. 460k– 3; Sec. 4, 80 Stat. 927, as amended, 16 U.S.C. 668dd(e); Sec. 7, 60 Stat. 1080, 16 U.S.C. 666a; Sec. 6, 40 Stat. 756, as amended, 16 U.S.C. 707; Sec. 7, 48 Stat. 452, 16 U.S.C. 718g; Sec. 2, 33 Stat. 614, as amended, 18 U.S.C. 41.) (2) [Reserved] § 28.32 Penalty provisions concerning fires and timber. (a) Any person violating sections 1855–1856 of the Criminal Code (18 U.S.C. 1855–1856) as they pertain to fires on national wildlife refuge lands of the United States shall be subject to civil action and to the penalty provisions of the law. (b) Any person violating sections 1852–1853 of the Criminal Code (18 U.S.C. 1852–1853) as they pertain to tim ber on national wildlife refuge lands of the United States shall be subject to civil action and to the penalty provi sions of the law. Subpart D—Impoundment Procedures § 28.41 Impoundment of abandoned property. Any property abandoned or left unat tended without authority on any na tional wildlife refuge for a period in ex cess of 72 hours is subject to removal. The expense of the removal shall be borne by the person owning or claiming ownership of the property. Such prop erty is subject to sale or other disposal after 3 months, in accordance with sec tion 203m of the Federal Property and Administrative Services Act of 1959, as amended (40 U.S.C. 484m), and regula tions issued thereunder. Former own ers may apply within 3 years for reim bursement for such property, subject to disposal and storage costs and similar expenses, upon sufficient proof of own ership. § 28.42 Impounding of domestic ani mals. (a) Any animal trespassing on the lands of any national wildlife refuge may be impounded and disposed of in accordance with State statutes insofar as they may be applicable. In the ab sence of such State statutes, the ani mals shall be disposed of in accordance with this section. (b) If the owner is known, prompt written notice of the impounding will be served in person with written re ceipt obtained or delivery by certified mail with return receipt requested. In the event of his failure to remove the impounded animal within five (5) days from receipt of such notice, it will be sold or otherwise disposed of as pre scribed in this section. (c) If the owner is unknown, no dis position of the animal shall be made until at least fifteen (15) days have elapsed from the date of a legal notice of the impounding has been posted at the county courthouse and 15 days after the second notice published in a newspaper in general circulation in the county in which the trespass took place. (d) The notice shall state when and where the animal was impounded and shall describe it by brand or earmark or distinguishing marks or by other reasonable identification. The notice shall specify the time and place the animal will be offered at public sale to the highest bidder, in the event it is not claimed or redeemed. The notice shall reserve the right of the official conducting the sale to reject any and all bids so received. (e) Prior to such sale, the owner may redeem the animal by submitting proof of ownership and paying all expenses of VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00287 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R 278 50 CFR Ch. I (10–1–23 Edition) § 28.43 the United States for, capturing, im pounding, advertising, care, forage, and damage claims. (f) If an animal impounded under this section is offered at public sale and no bid is received or if the highest bid re ceived is an amount less than the claim of the United States, the animal may be sold at private sale for the highest amount obtainable, or be condemned and destroyed or converted to the use of the United States. Upon the sale of any animal in accordance with this section, the buyer shall be issued a cer tificate of sale. (g) In determining the claim of the Federal Government in all livestock trespass cases on national wildlife ref uges, the value of forage consumed shall be computed at the commercial unit rate prevailing in the locality for that class of livestock. In addition, the claim shall include damages to na tional wildlife refuge property injured or destroyed, and all the related ex penses incurred in the impounding, car ing for and disposing of the animal. The salary of Service employees for the time spent in and about the investiga tions, reports, and settlement or pros ecution of the case shall be prorated in computing the expense. Payment of claims due the United States shall be made by certified check or postal money order payable to the U.S. Fish and Wildlife Service. § 28.43 Destruction of dogs and cats. Dogs and cats running at large on a national wildlife refuge and observed by an authorized official in the act of killing, injuring, harassing or molest ing humans or wildlife may be disposed of in the interest of public safety and protection of the wildlife. PART 29—LAND USE MANAGEMENT Subpart A—General Rules Sec. 29.1 May we allow economic uses on na tional wildlife refuges? 29.2 Cooperative land management. 29.3–29.4 [Reserved] 29.5 Fees. Subpart B—Rights-of-Way General Regulations 29.21 What do these terms mean? 29.21–1 Purpose and scope. 29.21–2 Application procedures. 29.21–3 Nature of interest granted. 29.21–4 Terms and conditions. 29.21–5 Construction. 29.21–6 Disposal, transfer or termination of interest. 29.21–7 What payment do we require for use and occupancy of national wildlife refuge lands? 29.21–8 Electric power transmission line rights-of-way. 29.21–9 Rights-of-way for pipelines for the transportation of oil, natural gas, syn thetic liquid or gaseous fuels, or any re fined product produced therefrom. 29.22 Hearing and appeals procedures. Subpart C—Mineral Operations 29.31 Mineral ownerships in the United States. 29.32 Non-Federal mineral rights. Subpart D—Management of Non-Federal Oil and Gas Rights PURPOSE AND SCOPE 29.40 What are the purpose and scope of the regulations in this subpart? 29.41 When does this subpart apply to me? 29.42 What authorization do I need to con duct operations? 29.43 If I am already operating under Serv ice authorization, what do I need to do? 29.44 If I am operating without prior Serv ice authorization, what do I need to do? DEFINITIONS 29.50 What do the terms used in this subpart mean? PRE-EXISTING OPERATIONS 29.60 Do I need an operations permit for my pre-existing operation? 29.61 What information must I provide to the Service? 29.62 What if I intend to conduct new oper ations or modify my pre-existing oper ations? 29.63 What plugging and reclamation re quirements apply to my pre-existing op erations? 29.64 What other provisions apply to my op erations? TEMPORARY ACCESS PERMITS 29.70 When do I need a temporary access permit? 29.71 How do I apply for a temporary access permit? 29.72 When will the Service grant a tem porary access permit? 29.73 How much time will I have to conduct my reconnaissance surveys? VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00288 Fmt 8010 Sfmt 8010 Y:\SGML\259244.XXX 259244js pe ar s on D S K 12 1T N 23 P R O D w ith C F R