50 CFR § 70.1 - 70.9 - Management of Fisheries Conservation Areas - National Fish Hatcheries

617 SUBCHAPTER E—MANAGEMENT OF FISHERIES CONSERVATION AREAS PART 70—NATIONAL FISH HATCHERIES Sec. 70.1 Purpose. 70.2 Administrative provisions. 70.3 State cooperation in national fish hatchery area management. 70.4 Prohibited acts. 70.5 Enforcement, penalty, and procedural requirements for violations of parts 25, 26, and 27. 70.6 Public entry and use. 70.7 Land-use management. 70.8 Range and feral animal management. 70.9 Wildlife species management. AUTHORITY: Sec. 4, 48 Stat. 402, as amended, sec. 4, 76 Stat. 654; 5 U.S.C. 301, 16 U.S.C. 664; 460k; sec. 2, 80 Stat. 926; 16 U.S.C. 668dd. SOURCE: 45 FR 28723, Apr. 30, 1980, unless otherwise noted. § 70.1 Purpose. All national fish hatchery areas are maintained for the fundamental pur pose of the propagation and distribu tion of fish and other aquatic animal life and managed for the protection of all species of wildlife. § 70.2 Administrative provisions. The provisions and regulations set forth in part 25 of this chapter are equally applicable to national fish hatchery areas. § 70.3 State cooperation in national fish hatchery area management. State cooperation may be enlisted in management programs including pub lic hunting, fishing, and recreation. The details of these programs shall be mutually agreed upon by the Secretary and the head of the appropriate State agency in cooperative agreements exe cuted for that purpose. Persons enter ing upon a national fish hatchery area shall comply with all regulations issued by the State agency under the terms of the cooperative agreement. § 70.4 Prohibited acts. (a) The prohibited acts enumerated in part 27 of this chapter are equally applicable to national fish hatchery areas. (b) Fishing, taking, seining, or at tempting to fish, take, seine, any fish, amphibian, or other aquatic animal on any national fish hatchery area is pro hibited except as may be authorized under the provisions of part 71 of this chapter. (c) Hunting, killing, capturing, tak ing, or attempting to hunt, kill, cap ture, or take any animal on any na tional fish hatchery area is prohibited except as may be authorized in the pro visions of part 71 of this chapter. (d) Disturbing spawning fish or fish preparing to spawn in ponds, raceways, streams, lakes, traps, and below traps, ladders, fish screens, fishways and racks is prohibited. § 70.5 Enforcement, penalty, and pro cedural requirements for violations of parts 25, 26, and 27. The enforcement, penalty, and proce dural requirement provisions set forth in part 28 of this chapter are equally applicable to national fish hatchery areas. § 70.6 Public entry and use. The public entry and use provisions set forth in part 26 of this chapter are equally applicable to national fish hatchery areas. EDITORIAL NOTE: For FEDERAL REGISTER ci tations to special regulations issued under § 70.6, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. § 70.7 Land-use management. The land-use management provisions set forth in part 29 of this chapter are equally applicable to national fish hatchery areas. § 70.8 Range and feral animal manage ment. The range and feral animal manage ment provisions set forth in part 30 of this chapter are equally applicable to national fish hatchery areas. VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00627 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 618 50 CFR Ch. I (10–1–23 Edition) § 70.9 § 70.9 Wildlife species management. The wildlife species management pro visions set forth in part 31 of this chap ter are equally applicable to national fish hatchery areas, except § 31.15 relat ing to hunting and fishing, which are treated separately in this part. PART 71—HUNTING AND SPORT FISHING ON NATIONAL FISH HATCHERIES Subpart A—General Provisions Sec. 71.1 Opening of national fish hatcheries to hunting and sport fishing. 71.2 What are the requirements for hunting on areas of the National Fish Hatchery System? 71.3 Information collection requirements. Subpart B—Hatchery-Specific Regulations for Hunting and Sport Fishing 71.11 National fish hatcheries open for hunt ing. 71.12 National fish hatcheries open for sport fishing. AUTHORITY: Sec. 4, Pub. L. 73–121, 48 Stat. 402, as amended; sec. 4, Pub. L. 87–714, 76 Stat. 654; 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 1534. SOURCE: 84 FR 47790, Sept. 10, 2019, unless otherwise noted. Subpart A—General Provisions § 71.1 Opening of national fish hatch eries to hunting and sport fishing. National fish hatchery areas may be opened to hunting or sport fishing when such activity is not detrimental to the propagation and distribution of fish or other aquatic wildlife. § 71.2 What are the requirements for hunting on areas of the National Fish Hatchery System? The following provisions apply to public hunting and sport fishing on a national fish hatchery area: (a) Each person must secure and pos sess the required State license. (b) Each person age 16 and older must obtain and possess a Federal Migratory Bird Hunting and Conservation Stamp (Federal Duck Stamp) while hunting migratory waterfowl. (c) Each person must comply with the applicable provisions of Federal laws and regulations including this subchapter and the current Federal mi gratory bird regulations at 50 CFR parts 20 and 21. (d) Each person must comply with the applicable provisions of the laws and regulations of the State in which a hatchery is located unless further re stricted by Federal law or regulation. (e) Each person must comply with the terms and conditions authorizing access and use of the national fish hatchery area. (f) The regulations contained in this part are prescribed for hunting and sport fishing of all National Fish Hatcheries and supplement the general National Wildlife Refuge System regu lations found in 50 CFR chapter I, sub chapter C. The general National Wild life Refuge System regulations are automatically applicable in their en tirety to the National Fish Hatcheries except as supplemented by the regula tions in this part. If the regulations in this part conflict with the general Na tional Wildlife Refuge System regula tions, comply with these regulations. (g) Each person must comply with the provisions of any special notices governing hunting on the national fish hatchery area. Such special notices will be posted throughout the area and will be available at the headquarters of the fish hatchery to which they relate. (1) Special notices are issued only after the announcement of applicable annual State and Federal hunting reg ulations. (2) Special notices may contain the following items: (i) Wildlife species which may be hunted, or species of fish which may be taken; (ii) Seasons; (iii) Bag/creel limits; (iv) Methods of hunting or fishing; (v) Description of areas open to hunt ing or fishing; or (vi) Other provisions as required. (3) Special notices will not liberalize existing State law or regulations. (4) Special notices may be amended as needed to meet management respon sibilities for the area. VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00628 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