50 CFR § 38.1 - 38.17 - The National Wildlife Refuge System - Midway Atoll National Wildlife Refuge

613 U.S. Fish and Wildlife Serv., Interior § 38.1 to the corner of sections 15, 16, 21 and 22, T. 8 N., R. 33 E., Umiat Meridian; Thence southerly, between sections 21 and 22, approximately 1 mile to the corner of sec tions 21, 22, 27 and 28, T. 8 N., R. 33 E., Umiat Meridian; Thence westerly, between sections 21 and 28, approximately one mile to the corner of sections 20, 21, 28 and 29, T. 8 N., R. 33 E., Umiat Meridian; Thence southerly, between sections 28 and 33, 29 and 32, approximately 2 miles to the corner of sections 4, 5, 32 and 33, Tps. 7 and 8 N., R. 33 E., Umiat Meridian; Thence westerly, between Tps. 7 and 8 N., approximately 2 miles to the corner of Tps. 7 and 8 N., Rs. 32 and 33 E., Umiat Meridian; Thence southerly, between section 1 and 6 approximately 1 mile to the corner of sec tions 1, 6, 7, and 12, T. 7 N., Rs. 32 and 33 E., Umiat Meridian; Thence westerly, between sections 1 and 12, approximately 1 mile to the corner of sec tions 1, 2, 11 and 12, T. 7 N., R. 32 E., Umiat Meridian; Thence northerly, between sections 1 and 2, 35 and 36, approximately 2 miles to the corner of sections 25, 26, 35 and 36, T. 8 N., R. 32 E., Umiat Meridian; Thence westerly, between sections 26 and 27, 34 and 35, approximately 2 miles to the corner of sections 27, 28, 33 and 34, T. 8 N., R. 32 E., Umiat Meridian; Thence southerly, between sections 33 and 34, approximately one mile to the corner of sections 3, 4, 33 and 34, Tps. 7 and 8 N., R. 32 E., Umiat Meridian; Thence westerly, between Tps. 7 and 8 N., approximately 3 miles to the corner of Tps. 7 and 8 N., Rs. 31 and 32 E., Umiat Meridian; Thence northerly, between ranges 31 and 32 E., approximately 31⁄2 miles to a point on the northerly boundary of the Arctic National Wildlife Refuge at the line of extreme low tide located between sections 13 and 18, T. 8 N., Rs. 31 and 32 E., Umiat Meridian; Thence westerly, along the northerly boundary of the Arctic National Wildlife Refuge approximately 57 miles along the line of extreme low water of the Arctic Ocean, in cluding all offshore bars, reefs, and islands, to the most westerly tip of the most north westerly island, westerly of Brownlow Point, section 6, T. 9 N., R. 25 E., Umiat Meridian; Thence on an approximate forward bearing of S. 561⁄2 degree W. approximately 31⁄4 miles to the mean high water line of the extreme west bank of the Canning River in section 15, T. 9 N., R. 24 E., Umiat Meridian; Thence southerly, along the mean high water line of the west bank of the Canning River approximately 32 miles to the meander corner on the First Standard Parallel North at a point on the southerly boundary of sec tion 35, T. 5 N., R. 23 E., Umiat Meridian, the point of beginning. [48 FR 16858, Apr. 19, 1983; 49 FR 7570, Mar. 1, 1984] PART 38—MIDWAY ATOLL NATIONAL WILDLIFE REFUGE Subpart A—General Sec. 38.1 Applicability. 38.2 Scope. Subpart B—Executive Authority; Authorized Powers; Emergency Authority 38.3 Executive authority; duration. 38.4 Authorized functions, powers, and du ties. 38.5 Emergency authority. Subpart C—Prohibitions 38.6 General. 38.7 Adopted offenses. 38.8 Consistency with Federal law. 38.9 Breach of the peace. 38.10 Trespass. 38.11 Prostitution and lewd behavior. 38.12 Alcoholic beverages. 38.13 Speed limits. 38.14 Miscellaneous prohibitions. 38.15 Attempt. 38.16 Penalties. Subpart D—Civil Administration 38.17 General. AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k et seq., 664, 668dd, 742(f), 3901 et seq.; 48 U.S.C. 644a; sec. 48, Pub. L. 86–624, 74 Stat 424; E.O. 13022, 61 FR 56875, 3 CFR, 1996 Comp., p. 224. SOURCE: 63 FR 11626, Mar. 10, 1998, unless otherwise noted. Subpart A—General § 38.1 Applicability. (a) The regulations of this part apply to the Midway Atoll National Wildlife Refuge. For the purpose of this part, the Midway Atoll National Wildlife Refuge includes the Midway Islands, Hawaiian Group, between the parallels of 28 deg. 5′ and 28 deg. 25′ North lati tude, and their territorial seas located approximately between the meridians VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00623 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 614 50 CFR Ch. I (10–1–23 Edition) § 38.2 of 177 deg. 10′ and 177 deg. 30′ West lon gitude, as were placed under the juris diction and control of the Interior De partment by the provisions of Execu tive Order No. 13022 of October 31, 1996 (3 CFR, 1996 Comp., p. 224). (b) Administration of Midway Atoll National Wildlife Refuge is governed by the regulations of this part and parts 25–32 of title 50, Code of Federal Regulations; the general principles of common law; the provisions of the criminal laws of the United States in their entirety including the provisions of 18 U.S.C. 13 and those provisions that were not specifically applied to unincorporated possessions; the laws applicable under the special maritime jurisdiction contained in 48 U.S.C. 644a; and the provisions of the criminal laws of the State of Hawaii to the extent the criminal laws of the State of Hawaii do not conflict with the criminal laws of the United States. § 38.2 Scope. The provisions of this part are in ad dition to the regulations of 50 CFR parts 25–32 which also apply to Midway Atoll National Wildlife Refuge. Subpart B—Executive Authority; Authorized Powers; Emer gency Authority § 38.3 Executive authority; duration. The executive authority of the Sec retary of the Interior over the Midway Islands will be exercised by the Service Regional Director. The executive au thority of the Service Regional Direc tor may be redelegated to the Refuge Manager, Midway Atoll National Wild life Refuge. § 38.4 Authorized functions, powers, and duties. The executive authority of the Re gional Director concerning the Midway Islands includes: (a) Issuance of citations for viola tions of this part and 50 CFR parts 25– 32; (b) Abatement of any public nuisance upon the failure of the person con cerned to comply with a removal no tice; (c) Seizure of evidence; (d) Investigation of accidents and of fenses; (e) Custody and disposal of lost or abandoned property; (f) Regulation of aircraft and boat traffic and safety; (g) Imposition of quarantines; (h) Evacuation of hazardous areas; (i) Lawful restraint, detention, con finement, and care of persons prior to their prompt transfer to the custody of the United States District Court for the District of Hawaii; (j) Lawful removal of person from the Midway Atoll National Wildlife Refuge for cause; (k) Regulation of vehicle traffic and safety; (l) Performance of other lawful acts necessary for protecting the health and safety of persons and property on Mid way Atoll National Wildlife Refuge; and (m) Issuance of lawful notices and or ders necessary to the exercise of execu tive authority under this section. § 38.5 Emergency authority. During the imminence and duration of any emergency, the Regional Direc tor may perform any lawful acts nec essary to protect life and property on Midway Atoll National Wildlife Refuge. Subpart C—Prohibitions § 38.6 General. In addition to any act prohibited by this part or 50 CFR part 27, any act committed on the Midway Atoll Na tional Wildlife Refuge that would be a violation of the criminal laws of the United States or of the State of Hawaii as specified in subpart A of this part, as they now appear or as they may be amended or recodified; or any act com mitted on the Midway Atoll National Wildlife Refuge that would be criminal if committed on board a merchant ves sel or other vessel belonging to the United States pursuant to the provi sions of 48 U.S.C. 644a, is prohibited and punishable, in accordance with the National Wildlife Refuge System Ad ministration Act, 16 U.S.C. 668dd, the criminal laws of the United States or the State of Hawaii as specified in sub part A of this part, as they now appear VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00624 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 615 U.S. Fish and Wildlife Serv., Interior § 38.11 or as they may be amended or recodi fied; or according to the laws applica ble on board United States vessels on the high seas pursuant to the provi sions of 48 U.S.C. 644a. § 38.7 Adopted offenses. Any person who commits any act or omission on Midway Atoll National Wildlife Refuge which, although not made punishable by an enactment of Congress, would be punishable if com mitted within the United States under the United States criminal code at the time of such act or omission, including any provisions of the United States criminal code that are not specifically applied to unincorporated possessions of the United States, will be guilty of a like offense and subject to like punish ment. Any person who commits any act or omission on Midway Atoll Na tional Wildlife Refuge which, although not made punishable by an enactment of Congress, would be punishable if committed within the State of Hawaii by the laws thereof at the time of such act or omission, will be guilty of a like offense and subject to like punishment to the extent the laws of the State of Hawaii do not conflict with the crimi nal laws of the United States. § 38.8 Consistency with Federal law. Any provisions of the laws of the State of Hawaii, as they now appear or as they may be amended or recodified, which are adopted by this part will apply only to the extent that they are not in conflict with any applicable Federal law or regulation. § 38.9 Breach of the peace. No person on Midway Atoll National Wildlife Refuge will: (a) With intent to cause public incon venience, annoyance, or alarm, or reck lessly creating a risk thereof, engage in fighting, threatening, or other violent or tumultuous behavior; or make un reasonable noise or offensively coarse utterances, gestures, or displays, or ad dress abusive language to any person present; or create a hazardous or phys ically offensive condition by any act which is not performed under any au thorized license or permit; (b) Having no legal privilege to do so, knowingly or recklessly obstruct any roadway, alley, runway, private drive way, or public passage, or interfere with or unreasonably delay any emer gency vehicle or equipment or author ized vehicle, boat, vessel, or plane, or any peace officer, fireman, or other public official engaged in or attempt ing to discharge any lawful duty or of fice, whether alone or with others. ‘‘Obstruction’’ as used in this para graph means rendering impassable without unreasonable inconvenience or hazard; (c) When in a gathering, refuse to obey a reasonable request or order by a peace officer, fireman, or other public official: (1) To prevent an obstruction of any public road or passage; (2) To maintain public safety by dis persing those gathered in dangerous proximity to a public hazard; or (d) With intent to arouse or gratify sexual desire of any other person, ex pose one’s genitals under cir cumstances in which one’s conduct is likely to cause affront or alarm. § 38.10 Trespass. No person on Midway Atoll National Wildlife Refuge will: (a) Loiter, prowl, or wander upon or near the assigned living quarters and adjacent property of another without lawful purpose, or, while being upon or near the assigned living quarters and adjacent property of another, peek in any door or window of an inhabited building or structure located thereon without lawful purpose; (b) Enter upon any assigned residen tial quarters or areas immediately ad jacent thereto, without permission of the assigned occupant; (c) Enter or remain in, without law ful purpose, any office building, ware house, plant, theater, club, school, or other building after normal operating hours for that building; or (d) Enter or remain in any area or building designated and posted as ‘‘re stricted’’ unless authorized by proper authority to be there. § 38.11 Prostitution and lewd behavior. No person on Midway Atoll National Wildlife Refuge will: (a) Engage in prostitution. ‘‘Pros titution’’ means the giving or receiving VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00625 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 616 50 CFR Ch. I (10–1–23 Edition) § 38.12 of the body for sexual intercourse for hire; or (b) Commit any lewd act in a public place which is likely to be observed by others who would be affronted or alarmed. § 38.12 Alcoholic beverages. No person on Midway Atoll National Wildlife Refuge will: (a) Sell any alcoholic beverages to any person who, because of age, would be prohibited from purchasing that beverage in a civilian establishment in Hawaii. (b) Present or have in possession any fraudulent evidence of age for the pur pose of obtaining alcoholic beverages in violation of this section. (c) Be substantially intoxicated on any street, road, beach, theater, club, or other public place from the vol untary use of intoxicating liquor, drugs or other substance. As used in this paragraph, ‘‘substantially intoxicated’’ is defined as an actual impairment of mental or physical capacities. § 38.13 Speed limits. No person on Midway Atoll National Wildlife Refuge will exceed the speed limit for automobiles, trucks, bicycles, motorcycles, or other vehicles. Unless otherwise posted, the speed limit throughout the Midway Atoll National Wildlife Refuge is 15 miles per hour. § 38.14 Miscellaneous prohibitions. No person on Midway Atoll National Wildlife Refuge will: (a) Smoke or ignite any fire in any designated and posted ‘‘No Smoking’’ area, or in the immediate proximity of any aircraft, fueling pit, or hazardous material storage area; (b) Knowingly report or cause to be reported to any public official, or will fully activate or cause to be activated, any alarm, that an emergency exists, knowing that such report or alarm is false. ‘‘Emergency.’’ as used in subpart B of this part, includes any condition which results, or could result, in the response of a public official in an emer gency vehicle, or any condition which jeopardizes, or could jeopardize, public lives or safety, or results or could re sult in the evacuation of an area, build ing, structure, vehicle, aircraft, or boat or other vessel, or any other place by its occupants; or (c) Intentionally report to any public official authorized to issue a warrant of arrest or make an arrest, that a crime has been committed, or make any oral or written statement to any of the above officials concerning a crime or alleged crime or other matter, knowing such report or statement to be false. § 38.15 Attempt. No person on Midway Atoll National Wildlife Refuge will attempt to commit any offense prohibited by this part. § 38.16 Penalties. Any person who violates any provi sion of this part will be fined or impris oned in accordance with 16 U.S.C. 668dd(e) and Title 18, U.S. Code. Subpart D—Civil Administration § 38.17 General. Civil administration of Midway Atoll National Wildlife Refuge shall be gov erned by the provisions of this part, 50 CFR parts 25–32, and the general prin ciples of common law. SUBCHAPTER D [RESERVED] VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00626 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