50 CFR § 36.1 - 36.42 - The National Wildlife Refuge System - Alaska National Wildlife Refuges

561 U.S. Fish and Wildlife Serv., Interior § 36.1 accepted, conventional, contemporary modes of travel in said vicinity. Use will be consistent with reasonable pur poses for which such land is held. The Director will issue such permits as are necessary for access, designating the means and route of travel for ingress and degress so as to preserve the wil derness character of the area. [36 FR 25426, Dec. 31, 1971; 37 FR 1049, Jan. 22, 1972] § 35.14 Special regulations. (a) Special regulations will be issued by the Director for individual wilder ness units within the National Wildlife Refuge System as established by Public Law. These special regulations will supplement the provisions of this part. (b) Special regulations may contain administrative and public uses as rec ognized in the: (1) Legislative Record of the estab lishing Act. (2) Committee Reports of the Con gress. (3) Departmental and Executive Re ports to the Congress. (4) Other provisions. (c) Such special regulations shall be published in subpart B of this part after a wilderness has been established by Public Law and shall become effec tive upon publication in the FEDERAL REGISTER (12–31–71). Subpart B—Special Regulations for Specific National Wildlife Ref uge Wilderness [Reserved] PART 36—ALASKA NATIONAL WILDLIFE REFUGES Subpart A—Introduction and General Provisions Sec. 36.1 How do the regulations in this part apply to me and what do they cover? 36.2 What do these terms mean? 36.3 Information collection. Subpart B—Subsistence Uses 36.11 Purpose and policy. 36.12 Use of snowmobiles, motorboats, dog teams and other means of surface trans portation traditionally employed by local rural residents engaged in subsist ence uses. 36.13 Subsistence fishing. 36.14 Subsistence hunting and trapping. 36.15 Subsistence uses of timber and plant material. 36.16 Closure to subsistence uses of fish and wildlife. Subpart C [Reserved] Subpart D—Other Refuge Uses 36.31 Recreational activities. 36.32 Taking of fish and wildlife. 36.33 What do I need to know about using cabins and related structures on Alaska National Wildlife Refuges? 36.34 Firearms. 36.35 Unattended property. 36.36 Sled dogs and household pets. 36.37 Revenue producing visitor services. Subpart E—Refuge Specific Regulations 36.39 Public use. Subpart F—Permits and Public Participation and Closure Procedures 36.41 Permits. 36.42 Public participation and closure proce dures. TABLE I TO PART 36—SUMMARY LISTING THE NATIONAL WILDLIFE REFUGES IN ALASKA AS ESTABLISHED BY THE ALASKA LANDS ACT, PUB. L. 96–487, DECEMBER 2, 1980 AUTHORITY: 16 U.S.C. 460(k) et seq., 668dd– 668ee, 3101 et seq., Pub. L. 115–20, 131 Stat. 86. SOURCE: 46 FR 31827, June 17, 1981, unless otherwise noted. Subpart A—Introduction and General Provisions § 36.1 How do the regulations in this part apply to me and what do they cover? (a) The regulations contained in this part are prescribed for the proper use and management of all Alaska Na tional Wildlife Refuges and supplement the general National Wildlife Refuge System regulations found in title 50 CFR chapter I, subchapter C. The gen eral National Wildlife Refuge System regulations are automatically applica ble in their entirety to the Alaska Na tional Wildlife Refuges except as sup plemented or modified by these regula tions or amended by ANILCA. (b) Except as provided in paragraph (c) of this section, the regulations con tained in this part are applicable only on federally-owned lands within the VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00571 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 562 50 CFR Ch. I (10–1–23 Edition) § 36.2 boundaries of any Alaska National Wildlife Refuge. For purposes of this part, ‘‘federally-owned lands’’ means land interests held or retained by the United States, but does not include those land interests: (1) Tentatively approved, legisla tively conveyed, or patented to the State of Alaska; or (2) Interim conveyed or patented to a Native Corporation or person. (c) The regulations found in 50 CFR, parts 25, 26, 27, and 28, and §§ 32.2(d) and 32.5(c), except as supplemented or modified by this part or amended by ANILCA, along with the regulations found in 50 CFR 36.35(d), also are appli cable to administrative and visitor fa cility sites of the Fish and Wildlife Service in Alaska which we may hold in fee or less than fee title and are ei ther inside or outside the approved boundaries of any Alaska National Wildlife Refuge. Less than fee title lands do not include easements under Section 17(b) of the Alaska Native Claims Settlement Act (85 Stat. 688), but although not limited to, they in clude sites administered by a national wildlife refuge under the terms of a memorandum of understanding or lease agreement. [46 FR 31827, June 17, 1981, as amended at 64 FR 14151, Mar. 24, 1999; 81 FR 52271, Aug. 5, 2016; 82 FR 52010, Nov. 9, 2017] § 36.2 What do these terms mean? The following definitions shall apply to the regulations contained in this part. Adequate and feasible access means a reasonable method and route of pedes trian or vehicular transportation which is economically practicable for achieving the use or development de sired by the applicant on his/her non federal land or occupancy interest, but does not necessarily mean the least costly alternative. Adequate snow cover means snow of sufficient depth to protect the under lying vegetation and soil. Administrative and visitor facility sites means any facility or site administered by the U.S. Fish and Wildlife Service for public entry or other administra tive purposes including, but not lim ited to, refuge staff offices, visitor cen ters, public access and parking sites, and campgrounds. Aircraft means a machine or device that is used or intended to be used to carry persons or objects in flight through the air, including but not lim ited to, airplanes, helicopters and glid ers. Alaska National Wildlife Refuges means all lands, waters and interests therein administered by the U.S. Fish and Wildlife Service within the fol lowing National Wildlife Refuges in Alaska: Alaska Maritime, Arctic, Alas ka Peninsula, Becharof, Innoko, Kanuti, Kenai, Kodiak, Koyukuk, Nowitna, Selawik, Tetlin, Izembek, Togiak, Yukon Delta and Yukon Flats. ANILCA means the Alaska National Interest Lands Conservation Act, 94 Stat 237, Pub. L. 96–487 (December 2, 1980). Downed aircraft means an aircraft that as a result of mechanical failure or accident cannot take off. Fish and wildlife means any member of the animal kingdom, including with out limitation any mammal, fish, bird (including any migratory, non-migra tory, or endangered bird for which pro tection is also afforded by treaty or other international agreement), am phibian, reptile, mollusk, crustacean, arthropod, or other invertebrate, and includes any part, product, egg, or off spring thereof, or dead body or part thereof. Off-road vehicle means any motor ve hicle designed for or capable of cross country travel on or immediately over land, water, sand, snow, ice, marsh, wetland, or other natural terrain, ex cept snowmobiles as defined in this section. It includes, but is not limited to, four-wheel drive or low-pressure tire vehicles, motorcycles and related two-, three-, or four-wheel vehicles, amphibious machines, ground-effect or air-cushion vehicles, air-thrust boats, recreation vehicle campers, and any other means of transportation deriving motive power from any source other than muscle or wind. Operate means to manipulate the controls of any conveyance, such as, but not limited to, an aircraft, snow mobile, motorboat, off-road vehicle, or any other motorized or non-motorized VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00572 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 563 U.S. Fish and Wildlife Serv., Interior § 36.3 form of vehicular transport as to direct its travel, motion, or purpose. Person means any individual, firm, corporation, society, association, part nership, or other private or public body. Public lands means lands situated in Alaska which are federally owned lands, except: (1) Land selections of the State of Alaska which have been tentatively ap proved or validly selected under the Alaska Statehood Act (72 Stat. 339) and lands which have been confirmed to, validly selected by, or granted to the Territory of Alaska or the State under any other provision of Federal law; (2) Land selections of a Native Cor poration made under the Alaska Native Claims Settlement Act (85 Stat. 688) which have not been conveyed to a Na tive Corporation, unless any such se lection is determined to be invalid or is relinquished; and (3) Lands referred to in section 19(b) of the Alaska Native Claims Settle ment Act. Refuge Manager means any Fish and Wildlife Service official in charge of an Alaska National Wildlife Refuge, the Alaska Regional Director of the Fish and Wildlife Service, or an authorized representative of either. Snowmachine or snowmobile means a self-propelled vehicle intended for off road travel primarily on snow having a curb weight of not more than 1,000 pounds (450 kg), driven by track or tracks in contact with the snow and steered by a ski or skis in contact with the snow. Structure means something tempo rarily or permanently constructed, built, or placed; and constructed of natural or manufactured parts includ ing, but not limited to, a building, shed, cabin, porch, bridge, walkway, stair steps, sign, landing, platform, dock, rack, fence, telecommunication device, antennae, fish cleaning table, satellite dish/mount, or well head. Subsistence uses means the customary and traditional uses by rural Alaska residents of wild, renewable resources for direct personal or family consump tion as food, shelter, fuel, clothing, tools, or transportation; for the mak ing and selling of handicraft articles out of nonedible byproducts of fish and wildlife resources taken for personal or family consumption; for barter or shar ing for personal or family consump tion; and, for customary trade. For purpose of this paragraph, the term: (1) Family means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and (2) Barter means the exchange of fish or wildlife or their parts taken for sub sistence uses: (i) For other fish or game of their parts; or (ii) For other food or for nonedible items other than money if the ex change is of a limited and noncommer cial nature; and (3) Customary trade shall be limited to the exchange of furs for cash, and such other activities, if any, as may be des ignated in special rules for Alaska Na tional Wildlife Refuges. Take or taking, as used with respect to fish and wildlife, means to pursue, hunt, shoot, trap, net, capture, collect, kill, harm or attempt to engage in any such conduct. Temporary means a continuous period of time not to exceed 12 months, except as specifically provided otherwise. [46 FR 31827, June 17, 1981, as amended at 51 FR 44793, Dec. 12, 1986; 64 FR 14151, Mar. 24, 1999; 81 FR 27043, May 5, 2016; 81 FR 52271, Aug. 5, 2016; 82 FR 52010, Nov. 9, 2017] § 36.3 Information collection. The information collection require ments contained in this part have been approved by the Office of Management and Budget under 44 U.S.C. et seq. and assigned clearance number 1018–0014. The collected information will assist the Service in administering these pro grams and, particularly, in the issuance of permits and the granting of statutory or administrative benefits. The information requested in the appli cation form is required to obtain a ben efit. The public reporting burden for this collection of information is esti mated to average 1.5 hours each for 150 non-competitively awarded permits and 31.66 hours each for 60 competi tively awarded permits including the time for reviewing instructions, searching existing data sources, gath ering and maintaining data needed, and VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00573 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 564 50 CFR Ch. I (10–1–23 Edition) § 36.11 completing and reviewing the collec tion of information. The estimated an nual number of respondents is 210, yielding a total annual reporting and record keeping burden of 2125 hours. Comments and suggestions on the bur den estimate or any other aspect of the form should be sent directly to the Service’s Information Collection Clear ance Officer at the address provided at 50 CFR 2.1(b). [62 FR 45340, Aug. 27, 1997, as amended at 79 FR 43967, July 29, 2014] Subpart B—Subsistence Uses § 36.11 Purpose and policy. (a) Consistent with the management of fish and wildlife in accordance with recognized scientific principles and the purposes for which each Alaska Na tional Wildlife refuge was established, designated, or expanded by ANILCA, the purpose of this subpart is to pro vide the opportunity for local rural residents engaged in a subsistence way of life to do so pursuant to applicable State and Federal law. (b) Consistent with sound manage ment principles and the conservation of healthy populations of fish and wild life, the utilization of Alaska National Wildlife Refuges is to cause the least adverse impact possible on local rural residents who depend upon subsistence uses of the resources of the public lands in Alaska. (c) Nonwasteful subsistence uses of fish, wildlife and other renewable re sources by local rural residents shall be the priority consumptive uses of such resources over any other consumptive uses permitted within Alaska National Wildlife Refuge areas. (d) The State of Alaska is authorized to regulate the taking of fish and wild life for subsistence uses within Alaska National Wildlife Refuges to the extent such regulation is consistent with ap plicable Federal law, including but not limited to ANILCA. (e) Nothing in this subpart shall be construed as permitting the level of subsistence uses of fish and wildlife within Alaska National Wildlife Ref uges to be inconsistent with the con servation of healthy populations of fish and wildlife. [46 FR 31827, June 17, 1981, as amended at 81 FR 52272, Aug. 5, 2016; 82 FR 52010, Nov. 9, 2017] § 36.12 Use of snowmobiles, motor boats, dog teams and other means of surface transportation tradition ally employed by local rural resi dents engaged in subsistence uses. (a) Notwithstanding any other provi sion of subchapter C of title 50 CFR the use of snowmobiles, motorboats, dog teams and other means of surface transportation traditionally employed by local rural residents engaged in sub sistence uses is permitted within Alas ka National Wildlife Refuges except at those times and in those areas re stricted or closed by the Refuge Man ager. (b) The Refuge Manager may restrict or close a route or area to the use of snowmobiles, motorboats, dog teams or other means of surface transportation traditionally employed by local rural residents engaged in subsistence uses if the Refuge Manager determines that such use is causing or is likely to cause an adverse impact on public health and safety, resource protection, protection of historic or scientific values, subsist ence uses, conservation of endangered or threatened species, or other pur poses and values for which the refuge was established. (c) No restrictions or closures shall be imposed without notice and a public hearing in the affected vicinity and other locations as appropriate. In the case of emergency situations, restric tions or closures shall not exceed sixty (60) days and shall not be extended un less the Refuge Manager establishes, after notice and public hearing in the affected vicinity and other locations as appropriate, that such extension is jus tified according to the factors set forth in paragraph (b) of this section. Notice of the proposed or emergency restric tions or closures and the reasons there for shall be published in at least one newspaper of general circulation with in the State and in at least one local newspaper if available, and informa tion about such proposed or emergency actions shall also be made available for broadcast on local radio stations in a VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00574 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 565 U.S. Fish and Wildlife Serv., Interior § 36.15 manner reasonably calculated to in form local rural residents in the af fected vicinity. All restrictions and closures shall be designated on a map which shall be available for public in spection at the office of the Refuge Manager of the affected refuge and the post office or postal authority of every affected community within or near the refuge area, or by the posting of signs in the vicinity of the restrictions or closures, or both. (d) Snowmobiles, motorboats, dog teams and other means of surface transportation traditionally employed by local rural residents engaged in sub sistence uses shall be operated (1) in compliance with applicable State and Federal law, (2) in such a manner as to prevent waste or damage to the refuge, and (3) in such a manner as to prevent the herding, harassment, hazing or driving of wildlife for hunting or other purposes. (e) At all times when not engaged in subsistence uses, local rural residents may use snowmobiles, motorboats, dog teams and other means of surface transportation in accordance with sub part C of this part. § 36.13 Subsistence fishing. Fish may be taken by local rural residents for subsistence uses in com pliance with applicable State and Fed eral law. To the extent consistent with the provisions of this part and other Federal law, applicable State laws and regulations governing the taking of fish which are now or will hereafter be in effect are hereby incorporated by reference as a part of these regulations. [82 FR 52010, Nov. 9, 2017] § 36.14 Subsistence hunting and trap ping. Local rural residents may hunt and trap wildlife for subsistence uses in Alaska National Wildlife Refuges in compliance with applicable State and Federal laws. To the extent consistent with the provisions of this part and other Federal law, applicable State laws and regulations governing the taking of wildlife which are now or will hereafter be in effect are hereby incor porated by reference as a part of these regulations. [82 FR 52010, Nov. 9, 2017] § 36.15 Subsistence uses of timber and plant material. (a) Notwithstanding any other provi sion of this part, the noncommercial cutting of live standing timber by local rural residents for appropriate subsist ence uses, such as firewood or house logs, may be permitted in Alaska Na tional Wildlife Refuges as follows: (1) For live standing timber greater than six inches diameter at breast height (41⁄2 feet above ground level), the Refuge Manager may allow cutting in accordance with the specifications of a special use permit if such cutting is de termined to be compatible with the purposes for which the refuge was es tablished; (2) For live standing timber between three and six inches diameter at breast height, cutting is allowed on the Arctic National Wildlife Refuge south of lati tude 68 degrees North and on the Innoko, Kanuti, Koyukuk, Nowitna, Selawik, Tetlin, and Yukon Flats Na tional Wildlife Refuges unless re stricted by the Refuge Manager, except that no more than 20 trees may be cut annually by an individual without a special use permit, no cutting may be done within 50 feet of a stream, lake, or river and no more than one tree in five (20%) may be cut in any specific stand; on the remainder of the Arctic Na tional Wildlife Refuge and on all other Alaska National Wildlife Refuges, the Refuge Manager may allow cutting in accordance with the specifications of a special use permit if such cutting is de termined to be compatible with the purposes for which the refuge was es tablished; (3) For live standing timber less than three inches diameter at breast height, cutting is allowed unless restricted by the Refuge Manager. (b) The noncommercial gathering by local rural residents of fruits, berries, mushrooms, and other plant materials for subsistence uses, and the non commercial gathering of dead or downed timber for firewood, shall be allowed without a permit. VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00575 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 566 50 CFR Ch. I (10–1–23 Edition) § 36.16 (c)(1) Notwithstanding any other pro vision of this part, the Refuge Man ager, after notice and public hearing in the affected vicinity and other loca tions as appropriate, may temporarily close all or any portion of an Alaska National Wildlife Refuge to subsistence uses of a particular plant population only if necessary for reasons of public safety, administration, or to assure the continued viability of such population. For purposes of this section, the term ‘‘temporary’’ shall mean only as long as reasonably necessary to achieve the purpose of the closure. (2) If the Refuge Manager determines that an emergency situation exists and that extraordinary measures must be taken for public safety or to assure the continued viability of a particular plant population, the Refuge Manager may immediately close all or any por tion of an Alaska National Wildlife Refuge to the subsistence uses of such population. Such emergency closure shall be effective when made, shall be for a period not to exceed sixty (60) days, and may not subsequently be ex tended unless the Refuge Manager es tablishes, after notice and public hear ing in the affected vicinity and other locations as appropriate, that such clo sure should be extended. (3) Notice of administrative actions taken pursuant to this section, and the reasons justifying such actions, shall be published in at least one newspaper of general circulation within the State and in at least one local newspaper if available, and information about such actions and reasons therefor also shall be made available for broadcast on local radio stations in a manner rea sonably calculated to inform local rural residents in the affected vicinity. All closures shall be designated on a map which shall be available for public inspection at the office of the Refuge Manager of the affected refuge and the post office or postal authority of every affected community within or near the refuge, or by the posting of signs in the vicinity of the restrictions, or both. [46 FR 31827, June 17, 1981, as amended at 51 FR 44793, Dec. 12, 1986] § 36.16 Closure to subsistence uses of fish and wildlife. (a) Notwithstanding any other provi sion of this part, the Refuge Manager, after consultation with the State and adequate notice and public hearing in the affected vicinity and other loca tions as appropriate, may temporarily close all or any portion of an Alaska National Wildlife Refuge to subsistence uses of a particular fish or wildlife pop ulation only if necessary for reasons of public safety, administration, or to as sure the continued viability of such population. For the purposes of this section, the term ‘‘temporarily’’ shall means only so long as reasonably nec essary to achieve the purpose of the closure. (b) If the Refuge Manager determines that an emergency situation exists and that extraordinary measures must be taken for public safety or to assure the continued viability of a particular fish or wildlife population, he may imme diately close all or any portion of a ref uge to the subsistence uses of such pop ulation. Such emergency closure shall be effective when made, shall not ex ceed sixty (60) days, and may not sub sequently be extended unless the Ref uge Manager establishes, after notice and public hearing in the affected vi cinity and other locations as appro priate, that such closure should be ex tended. (c) Notice of administrative actions taken pursuant to this section and the reasons justifying such actions shall be published in at least one newspaper of general circulation within the State and in at least one local newspaper if available, and information about such actions and justifying reasons shall be made available for broadcast on local radio stations in a manner reasonably calculated to inform local rural resi dents in the affected vicinity. All clo sures shall be designated on a map which shall be available for public in spection at the office of the Refuge Manager of the affected refuge area and the post office or postal authority of every affected community within or near the refuge area, or by the posting of signs in the vicinity of the closures, or both. Subpart C [Reserved] VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00576 Fmt 8010 Sfmt 8006 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 567 U.S. Fish and Wildlife Serv., Interior § 36.33 Subpart D—Other Refuge Uses § 36.31 Recreational activities. (a) Public recreational activities within the Alaska National Wildlife Refuges are authorized as long as such activities are conducted in a manner compatible with the purposes for which the areas were established. Such rec reational activities include, but are not limited to, sightseeing, nature observa tion and photography, sport hunting, sport fishing, boating, camping, hiking, picnicking and other related activities. Any existing special regulations now in force and effect shall continue to apply to the applicable refuge lands in Alas ka National Wildlife Refuges. (b) Surface collection, by hand (in cluding handheld gold pans) and for personal recreational use only, of rocks and minerals is authorized: Provided however, That (1) collection of silver, platinum, gemstones and fossils is pro hibited, and (2) collection methods which may result in disturbance of ground surface, such as the use of shov els, pickaxes, sluice boxes and dredges, are prohibited. The recreation activi ties specified in paragraphs (a) and (b) of this section may be prohibited or otherwise restricted in accordance with the provisions of § 36.42. § 36.32 Taking of fish and wildlife. (a) The taking of fish and wildlife for sport hunting, trapping, and sport fish ing is authorized in accordance with applicable State and Federal law and such laws are hereby adopted and made a part of these regulations; Provided however, That the Refuge Manager, pursuant to § 36.42, may designate areas where, and establish periods when, no taking of a particular population of fish or wildlife shall be permitted. (b) The exercise of valid commercial fishing rights or privileges obtained pursuant to existing law, including any use of refuge areas for campsites, cab ins, motorized vehicles, and aircraft landing directly incident to the exer cise of such rights or privileges, is au thorized; Provided, however, That the Refuge Manager may restrict or pro hibit the exercise of these rights or privileges or uses of federally owned lands directly incident to such exercise if he determines, after conducting a public hearing in the affected locality, that they are inconsistent with the purposes of the refuge and that they constitute a significant expansion of commercial fishing activities within such refuge beyond the level of such ac tivities in 1979. (c) The following provisions shall apply to any person while engaged in the taking of fish and wildlife within an Alaska National Wildlife Refuge: (1) Trapping and sport hunting. (i) Each person shall secure and possess all required State licenses and shall comply with the applicable provisions of State law unless further restricted by Federal law; (ii) Each person shall comply with the applicable provisions of Federal law; and (iii) In addition to the requirements of paragraphs (a) and (b) of this sec tion, each person shall continue to se cure a trapping permit from the appro priate Refuge Manager prior to trap ping on the Kenai, Izembek and Kodiak Refuges and the Aleutian Islands Unit of the Alaska Maritime Refuge. (2) Sport and commercial fishing. (i) Each person shall secure and possess all required State licenses and shall comply with the applicable provisions of State law unless further restricted by Federal law; and (ii) Each person shall comply with the applicable provisions of Federal law. (d) Nothing in this section shall apply to the taking of fish and wildlife for subsistence uses. (e) Nothing in these rules shall be in terpreted as waiving the requirements of other fish and wildlife conservation statutes such as the Airborne Hunting Act or those provisions of subchapter C of title 50 CFR regarding the taking of depredating wildlife. Animal control programs shall only be conducted in accordance with a special use permit issued by the Refuge Manager. [82 FR 52010, Nov. 9, 2017, as amended at 84 FR 47790, Sept. 10, 2019] § 36.33 What do I need to know about using cabins and related structures on Alaska National Wildlife Ref uges? (a) Definitions. As used in this sec tion, the term: VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00577 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 568 50 CFR Ch. I (10–1–23 Edition) § 36.33 Administrative cabin shall mean any cabin only used by refuge or other au thorized personnel for the administra tion of the refuge. Cabin shall mean a small, usually single-story, three or more sided struc ture that is permanently and com pletely enclosed with a roof and walls. The roof and walls are not fabric, can not be easily disassembled, and are not removed seasonally. Commercial cabin shall mean any cabin which is used in association with a commercial operation including but not limited to commercial fishing ac tivities and recreational guiding serv ices. Existing cabin shall mean any cabin situated on Federal lands before De cember 2, 1980. A cabin legally situated on lands that subsequently become ref uge will also be considered an ‘‘exist ing’’ cabin providing the applicant meets the appropriate application deadlines. Family shall include the spouse (in cluding what is known as a common law relationship), children by birth or adoption, and other blood relatives within the second degree of kindred. Guest shall mean a person who occa sionally visits the permittee in the cabin. This term does not include cli ents using commercial cabins. Immediate family shall include the spouse and children, either by birth or adoption, of the claimant residing in the cabin or structure. New cabin shall mean any permitted cabin constructed on refuge lands after December 2, 1980. This may also include a cabin whose claimant failed to meet the application deadline for existing cabins but is otherwise a permitted cabin. Other related structures shall mean those structures or devices essential to the activities for which the cabin spe cial use permit is issued. This includes but is not limited to outdoor toilets, food caches, storage sheds, and fish drying racks. Private recreational use shall mean a use associated with leisure activities, not including bona fide subsistence uses or authorized commercial uses. Public use cabin shall mean a cabin owned and administered by the Fish and Wildlife Service and available for use by the public. (b) All cabins. The regulations in this paragraph (b) shall apply to all cabins, claimants, occupants, and guests. The regulations in this paragraph (b) do not apply to temporary facilities: any structure or man-made improvement which can readily be completely dis mantled and removed from the site when the period of authorized use is terminated. (1) A special use permit is required to construct, use and/or occupy a cabin on Fish and Wildlife Service lands within the refuge. The permit may also au thorize the use of related structures and other necessary appurtenances. (2) After adequate public notice has been given, unclaimed cabins become the property of the Federal Govern ment. Adequate public notice shall in clude: Posting notices of trespass on unclaimed cabins; publication of no tices of trespass in Anchorage and Fairbanks newspapers and in at least one local newspaper if available; and posting notices of trespass at appro priate community post offices. A Gov ernment-owned cabin may be used for refuge administration, used for emer gency purposes by the public, per mitted to another applicant, des ignated a public use cabin, or de stroyed. Disposal of excess cabins and structures will be according to regula tions pursuant to title 41, chapter 114 of the Code of Federal Regulations. (3) Willful noncompliance with the conditions and stipulations of a special use permit shall be considered grounds to invoke the administrative process leading to notice and hearing, and pos sible revocation of the permit. The ref uge manager will attempt to resolve problems of noncompliance with the permittee as soon as possible after the situation becomes known. If this effort fails, the refuge manager shall provide written notice to the permittee within 30 days of that date, informing the per mittee of noncompliance, giving spe cific instructions for compliance and providing appropriate time for the per mittee to comply. (4) No special use permit will be issued for the construction of a cabin for private recreational use or for the VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00578 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 569 U.S. Fish and Wildlife Serv., Interior § 36.33 private recreational use of an existing cabin. (5) Guests are allowed to occupy a cabin only during the activity period identified on the special use permit. Guests occupying a cabin during the absence of the permittee shall obtain a letter of authorization from the per mittee. The guest must have a copy of the letter in his/her possession. In com mercial cabins, the permittee or an other person listed on the permit must be present when the cabin is occupied by guests or clients. (6) A person whose permit application (new or renewal) for a cabin has been denied or whose cabin permit has been revoked by the refuge manager may ap peal to the Regional Director as de scribed in § 36.41(b). (c) Existing cabins. In addition to paragraph (b) of this section, the regu lations in this paragraph (c) shall apply to all existing cabins, claimants, occu pants, and guests. (1) Where a valid cabin permit or lease was in effect on December 2, 1980, or at the time the land was subse quently added to the refuge, the refuge manager shall provide for the continu ation of the permit or lease under the same conditions. The new permit shall be nontransferable and renewable every five years unless the continuation would directly threaten or signifi cantly impair the purposes for which the refuge was established. The cabin and related structures are the personal property of the claimant and can be re moved by him/her upon non-renewal or revocation. The owner of a cabin may sell his/her interest in the cabin to an other person; however, the new owner does not automatically qualify for a permit and must apply for a new one. (2) To obtain a special use permit for a cabin that was not under permit or lease before December 2, 1980, or at the time the land was subsequently added to the refuge, a claimant should submit to the refuge manager an application that includes the following: (i) Reasonable proof of possessory in terest or right to occupy the cabin as shown by affidavit, bill of sale, or other document. (ii) Date of construction or acquisi tion. (iii) A sketch or photograph that ac curately depicts the cabin and related structures. (iv) The dimensions of the cabin and related structures. (v) A U.S. Geological Survey topo graphic map that shows the geographic location of the cabin and related struc tures. (vi) The claimant’s agreement to va cate and remove all personal property from the cabin and related structures within one year from receipt of a non renewal or revocation notice. (vii) The claimant’s acknowledgment that he/she has no legal interest in the real property on which the cabin and related structures are located. (viii) A list of family members resid ing with the claimant in the cabin being applied for. It need only include those immediate family members who may be eligible to renew a permit for continued use and occupancy upon the original claimant’s death (this is not applicable to cabins used for commer cial purposes). (3) Applications for permits for exist ing cabins, which are not currently under valid permits, will only be ac cepted for a period of one year fol lowing the effective date of these regu lations. However, cabins that were le gally located on lands that subse quently become refuge will also be con sidered ‘‘existing’’ cabins. The owners will have two years following the date the lands become refuge to apply for a permit. Following those dates, all ap plications for cabins will be for ‘‘new’’ cabins only, no matter when the cabin was built or first used. If ownership is not established within three years after the land becomes refuge, the cabin may be considered abandoned, and it will become Federal property in accordance with Federal regulations. (4) The occupancy of a noncommer cial cabin is limited to the permittee and his/her family, bona fide partners, and guests. (5) Major modification or rehabilita tion of an existing cabin must be ap proved by the refuge manager before construction begins. The modifications will be done by the permittee or des ignated agent and will remain the property of the permittee. Major addi tions (e.g., larger than the original VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00579 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 570 50 CFR Ch. I (10–1–23 Edition) § 36.33 cabin) may fall under the ownership provisions for new cabins. Although cabins destroyed by accidents, van dalism or natural causes may be recon structed, they must be approved by the refuge manager before construction and must meet the construction guide lines for new cabins, even though re maining the property of the claimant. (d) New cabins. In addition to para graph (b) of this section, the regula tions in this paragraph (d) shall apply to all new cabins, claimants, occu pants, and guests. (1) A nontransferable, five year spe cial use permit shall only be issued upon a determination that the pro posed construction, use and mainte nance of the cabin is compatible with refuge purposes and that the cabin use is either directly related to refuge ad ministration or is needed for continu ation of an ongoing activity or use oth erwise allowed within the refuge where the applicant lacks a reasonable off refuge site. In addition, these activities must have historically been supported by the construction and use of cabins in the geographic area. In general, new cabin permits will be given only to local residents to pursue a legitimate subsistence activity. In determining whether to permit the construction, use, and occupancy of cabins or other structures, the refuge manager shall be guided by factors such as other public uses, public health and safety, environ mental and resource protection, re search activities, protection of historic or scientific values, subsistence uses, endangered or threatened species con servation and other management con siderations necessary to ensure that the activities authorized pursuant to a permit are compatible with the pur poses for which the refuge was estab lished. (2) To obtain a special use permit for a new cabin, an applicant should sub mit to the refuge manager an applica tion that includes the following: (i) A sketch that accurately depicts the proposed cabin and related struc tures. (ii) The dimensions of the proposed cabin and related structures. (iii) A U.S. Geological Survey topo graphic map that shows the geographic location of the proposed cabin and re lated structures. (iv) The applicant’s agreement to va cate and remove all personal property from the cabin and related structures within one year from receipt of a non renewal or revocation notice. (v) The applicant’s acknowledgment that he/she has no legal interest in the cabin and related structures or in the real property on which the cabin and related structures are located. (vi) A list of family members residing with the applicant in the cabin being applied for. It need only include those immediate family members who may be eligible to renew a permit for con tinued use and occupancy upon the original claimant’s death. (3) The permitting instrument shall be a nontransferable renewable five year special use permit. It shall be re newed every five years (upon request) until the death of the original claim ant’s last immediate family member unless the special use permit has been revoked or the cabin has been aban doned. (4) No new cabins will be constructed in designated wilderness areas unless they are built specifically for the ad ministration of the area, for public safety, or for trapping where trapping has been a traditional and customary use. (5) New trapping cabins in wilderness will be available for public use to en sure public health and safety. (6) The occupancy of a noncommer cial cabin is limited to the permittee, and his/her family, bona fide partners, and guests. (e) Commercial cabins. In addition to paragraph (b) of this section, the regu lations in this paragraph (e) shall apply to all commercial cabins, permittees, clients, guests, and occupants. (1) A special use permit is required for all cabins used for commercial pur poses. Refuge managers may also issue special use permits that authorize ad ditional commercial use of an existing cabin used for guiding, etc. The use of a new cabin shall be limited to the type of use specified in the original permit. The refuge manager may permit the use of an existing cabin on non-wilder ness refuge lands for the exercise of valid commercial fishing rights. Such a VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00580 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 571 U.S. Fish and Wildlife Serv., Interior § 36.35 permit may be denied if, after con ducting a public hearing in the affected locality, it is found that the use is in consistent with refuge purposes and is a significant expansion of commercial fishing activities within the unit be yond 1979 levels. (2) When the commercial fishing or guiding rights associated with a per mittee’s existing cabin are acquired by a new party, the privilege of using the cabin cannot be sold and the new party does not necessarily qualify for a cabin permit. He/she must apply for a permit and meet the criteria described in this paragraph (e) before issuance of a spe cial use permit by the refuge manager. He/she may not occupy the cabin before issuance of a permit. (3) No new commercial cabins will be permitted in wilderness areas. (4) Commercial cabins may be occu pied only by persons legitimately in volved in the commercial enterprise, assistants, employees, their families, guests and clients and only during the time that the authorized activity is oc curring. The names of those individ uals, excluding guests and clients, will be listed on the permit. The permittee or another individual listed on the per mit must be present when the cabin is occupied. (5) Special use permits for commer cial cabins may be renewed annually in conjunction with the special use per mit renewal for the commercial activ ity itself. The cabin permit may be issued for periods of up to five years and is a separate permit from one issued for the commercial activity. (f) Administrative and government owned public use cabins. In addition to paragraph (a) of this section, the regu lations in this paragraph (f) apply to all administrative and government owned cabins. (1) The refuge manager can designate those cabins not under permit as ad ministrative cabins to be used for offi cial government business. Administra tive cabins may be used by the public during life-threatening emergencies. On a case-by-case basis, they may also be designated as public use cabins when not needed for government purposes. In such cases, the refuge manager must inform the public and post dates or sea sons when the cabins are available. (2) The refuge manager may des ignate government-owned cabins as public use cabins. They are only in tended for short-term public rec reational use and occupancy. The ref uge manager may develop an alloca tion system for managing public use cabins for short-term recreational use. No existing public use cabins shall be removed or new public use cabins con structed within wilderness areas des ignated by the Alaska National Inter est Lands Conservation Act of 1980 or subsequently designated wilderness areas until the Secretary of the Inte rior notifies the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Nat ural Resources. [59 FR 38314, July 27, 1994, as amended at 64 FR 14151, Mar. 24, 1999] § 36.34 Firearms. The possession, use and transporting of firearms is authorized for hunting and personal protection in accordance with State and Federal laws unless pro hibited or otherwise restricted by the Refuge Manager in accordance with the provisions of § 36.42. § 36.35 Unattended property. (a) Leaving any snowmachine, vessel, off-road vehicle or other personal prop erty unattended for longer than 12 months without the prior permission of the Refuge Manager is prohibited, and any property so left may be impounded by the Refuge Manager. (b) The Refuge Manager may (1) des ignate areas where personal property may not be left unattended for any time period, (2) establish limits on the amount and type of personal property that may be left unattended, (3) pre scribed the manner in which personal property may be left unattended or (4) establish limits on the length of time personal property may be left unat tended. (c) Such designations and restric tions arising under paragraph (b) of this section shall be (1) published in at least one newspaper of general circula tion within the State, posted at com munity post offices within the affected vicinity, made available for broadcast on local radio stations in a manner rea sonably calculated to inform residents VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00581 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 572 50 CFR Ch. I (10–1–23 Edition) § 36.36 in the affected community, and des ignated in a map which shall be avail able for public inspection at the office of the Refuge Manager, or (2) des ignated by the posting of appropriate signs or (3) both. (d) In the event unattended property interferes with the safe and orderly management of a refuge area or causes damage to refuge resources, it may be impounded by the Refuge Manager at any time. § 36.36 Sled dogs and household pets. The general trespass provisions of 50 CFR 26.21 shall not apply to household pets and sled, work, or pack dogs under the direct control of their owners or handlers, but such activities may be prohibited or otherwise restricted pur suant to the provisions of § 36.42. [46 FR 40192, Aug. 7, 1981] § 36.37 Revenue producing visitor services. (a) Applicability. (1) Except as other wise provided for in this paragraph, the regulations contained in this section apply to new visitor services provided within all National Wildlife Refuge areas in Alaska. (2) The rights granted by this section to historical operators, preferred oper ators, and Cook Inlet Region, Incor porated, are not exclusive. The Refuge Manager may authorize other persons to provide visitor services on refuge lands. Nothing in this section shall re quire the Refuge Manager to issue a visitor services permit if not otherwise mandated by statute to do so. Nothing in this section shall authorize the Ref uge Manager to issue a visitor services permit to a person who is not capable of carrying out its terms and condi tions in a satisfactory manner. (3) This section does not apply to the guiding of sport hunting or sport fish ing. (b) Definitions. The following defini tions shall apply to this section: (1) Best offer means a responsive offer that best meets, as determined by the Refuge Manager, the selection criteria contained in a competitive solicitation for a visitor services permit. (2) Controlling interest, in the case of a corporation means an interest, bene ficial or otherwise, of sufficient out standing voting securities or capital of the business, so as to permit exercise of final managerial authority over the ac tions and operations of the corpora tion, or election of a majority of the Board of Directors of the corporation. (3) Controlling interest in the case of a partnership, limited partnership, joint venture or individual entrepreneurship means a beneficial ownership of or in terest in the entity so as to permit the exercise of final managerial authority over the actions and operations of the entity. (4) Controlling interest in other cir cumstances means any arrangement under which a third party has the abil ity to exercise general management authority over the actions or oper ations of the business. (5) Historical operator means any per son who: (i) On or before January 1, 1979, was lawfully engaged in adequately pro viding any type of visitor service in a refuge within the scope of paragraph (c) of this section; (ii) Has continued to lawfully provide that visitor service; and (iii) Is otherwise determined by the Refuge Manager to have a right to con tinue to provide such services or simi lar services pursuant to paragraph (c) of this section. (6) Local area means that area in Alaska within 100 miles of the location within a refuge where any of the vis itor service is authorized. (7) Local resident means: (i) For individuals. Those individuals that have maintained their primary, permanent residence and business within the local area for the past twelve (12) consecutive months and whenever absent from this primary, permanent residence, have the inten tion of returning to it. Factors dem onstrating the location of an individ ual’s primary, permanent residence and business may include, but are not lim ited to, the permanent address indi cated on licenses issued by the State of Alaska, tax returns, and voter registra tions. (ii) For corporations. A corporation in which the controlling interest is held by an individual or individuals who qualify as ‘‘local resident(s)’’ within the meaning of this section. For non VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00582 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 573 U.S. Fish and Wildlife Serv., Interior § 36.37 profit corporations a majority of the board members and a majority of the officers must qualify as ‘‘local resi dents.’’ (8) Native Corporation means the same as defined in section 102(6) of ANILCA. (9) Preferred operator means a local resident or Native Corporation which is entitled to a preference under this sec tion in the award of a permit, and as otherwise provided under section 1307(b) of ANILCA. (10) A responsive offer means one which is timely made and meets the terms and conditions of the solicita tion document. (11) Similar visitor service means that visitor service authorized by the Ref uge Manager to be provided on a refuge and determined by the Refuge Man ager, on a case by case basis, to be similar to an established service being provided by a historical operator. (12) Visitor service means any service or activity made available for a fee, commission, brokerage, or other com pensation to persons who visit a refuge, including such services as providing food, accommodations, transportation, tours, and guides excepting the guiding of sport hunting and fishing. This also includes any activity where one partic ipant/member or group of participants pays more in fees than the other par ticipants (non-member fees, etc.), or fees are paid to the organization which are in excess of the bona fide expenses of the trip. (13) Right of first refusal means, as it relates to section 1307(a) of ANILCA, a reasonable opportunity for a historical operator to review a description of the new similar service and the terms and conditions upon which it is to be pro vided to determine if the historical vis itor service operator wishes to provide the service. As it relates to section 1307(c) of ANILCA, it refers to the op portunity for Cook Inlet Region, Incor porated to have the first opportunity to provide new visitor services on the Kenai National Wildlife Refuge in the Cook Inlet Region. (c) Visitor services existing on or before January 1, 1979, ‘‘historical operators’’. (1) A historical operator shall have a right to continue to provide visitor services or similar services within such area, under appropriate terms and con ditions, so long as such services are de termined by the Refuge Manager to be consistent with the purposes for which the refuge was established. A historical operator must obtain a permit from the refuge manager to conduct the vis itor services. The permit shall be for a fixed term and specified area, and shall contain such terms and conditions as are in the public interest. Failure to comply with the terms and conditions of the permit may result in cancella tion of the authorization and con sequent loss of historical operator rights under this section. Nothing in this section shall prohibit the Refuge Manager from permitting persons, in addition to historical operators, to pro vide visitor services in the refuge at the Refuge Manager’s discretion so long as historical operators are per mitted to conduct a scope or level of visitor services equal to or greater than those provided prior to January 1, 1979, under terms and conditions con sistent with this section. A historical operator may be permitted by the Ref uge Manager, under separate author ity, to increase the scope or level of visitor services provided prior to Janu ary 1, 1979, but no historical operating rights shall be obtained in such in crease. (2) A historical operator may also apply to the Refuge Manager for a per mit or amended permit to provide simi lar types of visitor services. Granting the request will not result in an in crease in the scope or level of service in excess of those provided as of Janu ary 1, 1979, by the requesting historical operator. The Refuge Manager shall grant the request if such visitor serv ices are determined by the Refuge Man ager to be: (i) Consistent with the management of refuge resources and the purposes for which the refuge area was established; (ii) Similar to the visitor services provided by the historical operator prior to January 1, 1979; and (iii) Consistent with the legal rights of any other person. (3) When a historical operator permit has expired, and if the visitor services permitted by it were adequately pro vided and consistent with the purposes of the refuge as determined by the Ref uge Manager, the Refuge Manager shall VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00583 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 574 50 CFR Ch. I (10–1–23 Edition) § 36.37 renew the permit for a fixed term con sistent with such new terms and condi tions as are in the public interest. Should a historical operator decline to accept an offer of renewal, its rights as a historical operator shall be consid ered as terminated. (4) If the Refuge Manager determines that permitted visitor services must be curtailed or reduced in scope or season to protect refuge resources, or for other purposes, the Refuge Manager shall require the historical operator to make such changes in visitor services. If more than one historical operator providing the same type of visitor serv ices is required to have those services curtailed, the Refuge Manager shall es tablish a proportionate reduction of visitor services among all such histor ical operators, taking into account his torical operating levels and other ap propriate factors, so as to achieve a fair curtailment of visitor services among the historical operators. If the level of visitor services must be so cur tailed that only one historical operator feasibly may continue to provide the visitor services, the Refuge Manager shall select one historical operator to continue to provide the curtailed vis itor services through a competitive se lection process. (5) The rights of a historical operator shall terminate if the historical oper ator fails to provide the visitor services under the terms and conditions of a permit issued by the Refuge Manager or fails to provide the visitor services for a period of more than twenty four (24) consecutive months. (6) The rights of a historical operator under this section shall terminate upon a change, after January 1, 1979, in the controlling interest of the historical operator through sale, assignment, de vise, transfer or otherwise. (7) The Refuge Manager may author ize other persons to provide visitor services in a refuge in addition to his torical operators, as long as such other persons conduct the services in a man ner compatible with the purposes of the refuge. (d) Visitor services initially authorized after January 1, 1979, ‘‘preferred opera tors’’. (1) In selecting persons to pro vide, and in permitting any type of vis itor service, excepting guided hunting or fishing, the Refuge Manager will give a preference to preferred operators determined qualified to provide such visitor services. Preferences for most directly affected Native Corporation(s) and local residents are equal and are not additive. (2) In selecting persons to provide any type of visitor service for refuges subject to a preferred operator pref erence under this section, the Refuge Manager will publicly solicit competi tive offers for persons to apply for a permit, or the renewal of a permit, to provide such visitor service pursuant to Service procedures. Preferred opera tors must submit a responsive offer to such solicitation in order to effect their preference. If, as a result of the solicitation, an offer from a person other than a preferred operator is de termined to be the best offer and that offeror is determined to be capable of carrying out the terms of the permit, the preferred operator which submitted the most responsive offer shall be given an opportunity to substantially equal the best offer received by amending its offer. If the amended offer of the pre ferred operator is considered by the Refuge Manager as being substantially equal to the terms of the best offer, the preferred operator, if determined to be capable of carrying out the terms of the permit, shall be awarded the visitor service permit. If the preferred oper ator fails to meet these requirements, the Refuge Manager shall award the permit to the person who submitted the best offer in response to the solici tation. The Native Corporation(s) de termined to be ‘‘most directly af fected’’ under this section and local residents have equal preference. (3) Nothing in this section shall pro hibit the Refuge Manager from author izing persons other than preferred oper ators to provide visitor services in ref uge areas so long as the procedures de scribed in this section have been fol lowed with respect to preferred opera tors. Preferred operators are not enti tled by this section to provide all vis itor services in a qualified refuge. (4) An offer from a Native Corpora tion or a local corporation under this section must document its controlling interest in the entity or in the case of VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00584 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 575 U.S. Fish and Wildlife Serv., Interior § 36.37 a joint venture, all partners, making the offer. (5) The preferences described in this section may not be sold, assigned, transferred, or devised, directly or indi rectly. (e) Preference to Cook Inlet Region, In corporated (CIRI). (1) Cook Inlet Re gion, Incorporated, in cooperation with village corporations within Cook Inlet Region when appropriate, shall have a right of first refusal to provide new vis itor services within that portion of the Kenai National Moose Range (Kenai National Wildlife Refuge) within the boundaries of Cook Inlet Region. The CIRI shall have ninety (90) days from receipt of a prospectus in which to ex ercise its right. (2) In order to exercise this right of first refusal, CIRI must submit an offer responsive to the terms of a visitor services solicitation. If CIRI makes such an offer and is determined by the Refuge Manager to be capable of car rying out the terms of the special use permit, it shall be awarded the permit. If it does not, the permit may be awarded to another person pursuant to a showing that such other person can carry out the conditions of the special use permit in a manner compatible with the purposes of the refuge. An offer being made by CIRI under this section must document controlling in terest by CIRI when made in coopera tion with village corporations within the Cook Inlet Region. The CIRI right of first refusal shall have precedence over the rights of preferred operators. (3) The right of first refusal described in this section may not be sold, trans ferred, devised, or assigned, directly or indirectly. (f) Most directly affected Native Cor poration determination. (1) Prior to the issuance of a solicitation document for any new visitor service in a refuge, the Refuge Manager shall provide an oppor tunity for any Native Corporation in terested in providing visitor services within that refuge to submit an appli cation to the Refuge Manager to be de termined ‘‘most directly affected’’ Na tive Corporation. The application shall include but not be limited to, the fol lowing information: (i) The name, address, and telephone number of the Native Corporation, the date of incorporation, its articles of in corporation and structure, and the name of the applicable refuge area; (ii) The location of the corporation’s population center or centers; (iii) An assessment of the socio economic impacts, including historical and traditional use, and their effects on the Native Corporation as a result of the expansion or establishment of the refuge; and (iv) Any other information the Na tive Corporation believes is relevant. (2) Upon receipt of all applications from interested Native Corporations, the Refuge Manager will determine the ‘‘most directly affected’’ Native Cor poration based on, but not limited to, the following criteria: (i) The number of acres of surface land within and adjoining the refuge that the Native Corporation owns, or which has been selected under the Alaska Native Claims Settlement Act, unless such selection is determined to be invalid or is relinquished; (ii) The distance and accessibility from the Native Corporation’s popu lation center and/or business address to the applicable refuge; and (iii) The socio-economic impacts, in cluding historic and traditional use, and their effects as a result of the ex pansion or establishment of the refuge. (3) In the event that more than one Native Corporation is determined to be equally affected, each such Native Cor poration shall be considered as a pre ferred operator under this section. (4) The Refuge Manager’s ‘‘most di rectly affected’’ Native Corporation de termination or when requested, the Re gional Director’s appeal decision for a refuge is applicable for all new visitor services in that refuge. (5) Any Native Corporation that has not applied for a most directly affected Native Corporation determination may apply for a determination upon issuance of a future solicitation for a new visitor service. A corporation de termined to be most directly affected for a refuge will maintain that status for all future visitor service solicita tions. (g) Appeal procedures. Any person(s) who believe that they have been im properly denied rights with respect to providing visitor services under this VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00585 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 576 50 CFR Ch. I (10–1–23 Edition) § 36.39 section may appeal the denial to the Regional Director. Such an appeal must be submitted in writing within forty-five (45) days of receipt of the de nial from which an appeal is sought. The appeals process as defined in 50 CFR subpart F, 36.41(b) will apply with exception of the period of time allowed to file an appeal. [62 FR 1842, Jan. 14, 1997] Subpart E—Refuge Specific Regulations § 36.39 Public use. (a) General. Public use of Alaska Na tional Wildlife Refuges (NWR) is per mitted subject to all other parts of 50 CFR part 36, those sections of 50 CFR subchapter C not supplemented by part 36, and the following refuge-specific re quirements: (b) Alaska Maritime National Wildlife Refuge. (1) Amchitka Island—closed to all public access, occupancy and use, unless specifically authorized by a spe cial use permit issued jointly by the Refuge Manager and the U.S. Navy (Commanding Officer, Fleet Surveil lance Support Command, Chesapeake, Virginia). (c) Alaska Peninsula/Becharof National Wildlife Refuge Complex. (1) The Alaska Peninsula/Becharof National Wildlife Refuge (Complex) includes the Becharof National Wildlife Refuge, the Chignik and Ugashik Units of the Alas ka Peninsula National Wildlife Refuge and the Seal Cape Area of the Alaska Maritime National Wildlife Refuge. (2) Off-road vehicles are permitted on the refuge complex under § 36.12(a),§ 36.39(c)(2)(ii) or § 36.39(c)(2)(iii) and must meet the fol lowing conditions: (i) Vehicles are limited to three or four-wheeled vehicles with a maximum gross weight of 650 pounds as listed by the manufacturer. (ii) ORV’s are permitted on the fol lowing trails only: Yantarni Bay Air strip; Yantarni Bay Airstrip to beach trail; and Yantarni Bay Airstrip to oil well site trail. Maps of the above areas are available from the Refuge Manager. (iii) Subject to the weight and size restrictions listed in (i) above, subsist ence use of off-road vehicles, as author ized by 50 CFR 36.12(a) is allowed throughout the Alaska Peninsula/ Becharof National Wildlife Refuge Complex. (3) Camping is permitted on the Ref uge Complex subject to the following restrictions: (i) These camping limits do not apply to subsistence users except at Big Creek where they apply to all refuge complex users. (ii) No permanent improvements may be made to campsites without a special use permit. All materials brought on to the refuge complex must be removed upon cessation of camping unless au thorized by a special use permit. (iii) Other than reserved sites author ized by special use permits, camping at one location is limited to seven con secutive nights from August 1 through November 15 within 1⁄4 mile of the fol lowing waters: Becharof Lake in the Severson Peninsula area (Island Arm); Becharof Lake Outlet; Ugashik Nar rows; Big Creek; Gertrude Lake; and Gertrude Creek between Gertrude Lake and the King Salmon River. Maps of the above areas are available from the Refuge Manager. (iv) Tent camps must be moved a minimum of one mile following each seven-night camping stay during the periods specified above. (4) Temporary facilities may be au thorized on the Alaska Peninsula/ Becharof National Wildlife Refuge Complex by special use permit only, subject to the following conditions: (i) Except for administrative or sub sistence purposes, new temporary fa cilities are prohibited within 1⁄4 mile of the Becharof Lake shoreline. (ii) Except for administrative pur poses, new temporary facilities are pro hibited in the following areas: within 1⁄4 mile of the shorelines of Gertrude Lake and Long Lake; within 1⁄4 mile of the airstrip on the south side of the King Salmon River approximately 1⁄2 mile above the confluence of Gertrude Creek and the King Salmon River; within 1⁄4 mile of the shoreline of Upper and Lower Ugashik Lakes; within 1⁄4 mile of the shoreline of Becharof Lake outlet; and within 1⁄4 mile of the shoreline of Big Creek. Maps of the above areas are available from the Refuge Manager. VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00586 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 577 U.S. Fish and Wildlife Serv., Interior § 36.39 (d) Arctic National Wildlife Refuge. We prohibit all domestic sheep, goats, and camelids on the refuge. (e)–(h) [Reserved] (i) Kenai National Wildlife Refuge. Maps of designated areas open to spe cific public use activities on the refuge are available from Refuge Head quarters at the following address: 1 Ski Hill Road, Soldotna, AK. (1) Aircraft. Except in an emergency, the operation of aircraft on the Kenai National Wildlife Refuge is authorized only in designated areas, as described in this paragraph (i)(1). (i) We allow the operation of air planes within the Kenai Wilderness on the following designated lakes, and under the restrictions noted: (A) Dave Spencer (Canoe Lakes) Unit. (1) Bedlam Lake. (2) Bird Lake. (3) Cook Lake. (4) Grouse Lake. (5) King Lake. (6) Mull Lake. (7) Nekutak Lake. (8) Norak Lake. (9) Sandpiper Lake. (10) Scenic Lake. (11) Shoepac Lake. (12) Snowshoe Lake. (13) Taiga Lake. (14) Tangerra Lake. (15) Vogel Lake. (16) Wilderness Lake. (17) Pepper, Gene, and Swanson lakes are open to operation of airplanes only to provide access for ice fishing. (B) Andrew Simons Unit. (1) Emerald Lake. (2) Green Lake. (3) Harvey Lake. (4) High Lake. (5) Iceberg Lake. (6) Kolomin Lakes. (7) Lower Russian Lake. (8) Martin Lake. (9) Pothole Lake. (10) Twin Lakes. (11) Upper Russian Lake. (12) Windy Lake. (13) Dinglestadt Glacier terminus lake. (14) Wosnesenski Glacier terminus lake. (15) Tustumena Lake and all lakes within the Kenai Wilderness within 1 mile of the shoreline of Tustumena Lake. (16) All unnamed lakes in sections 1 and 2, T. 1 S., R. 10 W., and sections 4, 5, 8, and 9, T. 1 S., R. 9 W., Seward Me ridian. (17) An unnamed lake in sections 28 and 29, T. 2 N., R. 4 W., Seward Merid ian: The Refuge Manager may issue a special use permit (FWS Form 3–1383– G) for the operation of airplanes on this lake to successful applicants for certain State of Alaska, limited-entry, drawing permit hunts. Successful ap plicants should contact the Refuge Manager to request information. (C) Mystery Creek Unit. An unnamed lake in section 11, T. 6 N., R. 5 W., Sew ard Meridian. (ii) We allow the operation of air planes on all lakes outside of the Kenai Wilderness, except that we prohibit air craft operation on: (A) The following lakes with rec reational developments, including, but not limited to, campgrounds, camp sites, and public hiking trails con nected to road waysides, north of the Sterling Highway: (1) Afonasi Lake. (2) Anertz Lake. (3) Breeze Lake. (4) Cashka Lake. (5) Dabbler Lake. (6) Dolly Varden Lake. (7) Forest Lake. (8) Imeri Lake. (9) Lili Lake. (10) Mosquito Lake. (11) Nest Lake. (12) Rainbow Lake. (13) Silver Lake. (14) Upper Jean Lake. (15) Watson Lake. (16) Weed Lake. (B) All lakes within the Skilak Wild life Recreation Area (south of Sterling Highway and north of Skilak Lake), except for Bottenintnin Lake (open to airplanes year-round) and Hidden Lake (open to airplanes only to provide ac cess for ice fishing). (C) Headquarters Lake (south of Soldotna), except for administrative purposes. You must request permission from the Refuge Manager. (iii) Notwithstanding any other pro visions of this part, we prohibit the op eration of aircraft from May 1 through VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00587 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 578 50 CFR Ch. I (10–1–23 Edition) § 36.39 September 10 on any lake where nest ing trumpeter swans or their broods or both are present. (iv) We prohibit the operation of wheeled airplanes, with the following exceptions: (A) We allow the operation of wheeled airplanes, at the pilot’s risk, on the unmaintained Big Indian Creek Airstrip; on gravel areas within 1⁄2 mile of Wosnesenski Glacier terminus lake; and within the SE1⁄4, section 16 and SW1⁄4, section 15, T. 4 S., R. 8 W., Sew ard Meridian. (B) We allow the operation of wheeled airplanes, at the pilot’s risk, within designated areas of the Chickaloon River Flats, including all of sections 5 and 6 and parts of sections 2, 3, 4, 7, 8, 9, 11, and 16, T. 9 N., R. 4 W.; all of section 1 and parts of sections 2, 3, 4, 5, 11, and 12, T. 9 N., R. 5 W.; all of sections 33 and 34 and parts of sections 24, 25, 26, 27, 28, 29, 31, 32, and 35, T. 10 N., R. 4 W.; all of section 33 and parts of sections 19, 27, 28 29, 30 32, 34, 35, and 36, T. 10 N., R. 5 W, Seward Meridian. (v) We allow the operation of air planes on the Kasilof River, on the Chickaloon River (from the outlet to mile 6.5), and on the Kenai River below Skilak Lake (from June 15 through March 14). We prohibit aircraft oper ation on all other rivers on the refuge. (vi) We prohibit the operation of un licensed aircraft anywhere on the ref uge except as authorized under terms and conditions of a special use permit (FWS Form 3–1383–G) issued by the Ref uge Manager. (vii) We prohibit air dropping any items within the Kenai Wilderness ex cept as authorized under terms and conditions of a special use permit (FWS Form 3–1383–G) issued by the Ref uge Manager. (2) Motorboats. (i) We allow motor boat operation on all waters of the ref uge, except that: (A) We prohibit motorboat operation within the Dave Spencer (Canoe Lakes) Unit of the Kenai Wilderness, including those portions of the Moose and Swan son rivers within this Unit, except that we allow motorboat operation on those lakes designated for airplane oper ations as provided in paragraph (i)(1) of this section and shown on a map avail able from Refuge Headquarters. (B) We prohibit motorboat operation on the Kenai River from the eastern refuge boundary near Sportsmans Landing and the confluence of the Rus sian River downstream to Skilak Lake. You may have a motor attached to your boat and drift or row through this section, provided the motor is not oper ating. (C) We prohibit motorboat operation on the Kenai River from the outlet of Skilak Lake (river mile 50) down stream for approximately 3 miles (river mile 47) between March 15 and June 14, inclusive. You may have a motor at tached to your boat and drift or row through this section, provided the motor is not operating. (D) We prohibit the operation of mo tors with a total propshaft horsepower rating greater than 10 horsepower on the Moose, Swanson, Funny, Chickaloon (upstream of river mile 7.5), Killey, and Fox rivers. (E) On the Kenai River downstream of Skilak Lake (river mile 50) to the refuge boundary (river mile 45.5), we re strict motorboat operation to only those motorboats with 4-stroke or di rect fuel injection motors with a total propshaft horsepower rating of 50 horsepower or less, and that are up to 21 feet in length and up to 106 inches in width. On Skilak Lake, we restrict mo torboat operation to only those motor boats with 4-stroke or direct fuel injec tion motors. (F) A ‘‘no wake’’ restriction applies to the entire water body of Engineer, Upper and Lower Ohmer, Bottenintnin, Upper and Lower Jean, Kelly, Petersen, Watson, Imeri, Afonasi, Dolly Varden, and Rainbow lakes. (ii) Notwithstanding any other provi sions of these regulations, we prohibit the operation of motorboats from May 1 through September 10 on any lake where nesting trumpeter swans or their broods or both are present. (3) Off-road vehicles. (i) We prohibit the operation of all off-road vehicles, as defined at § 36.2, except that four wheel drive, licensed, and registered motor vehicles designed and legal for highway use may operate on des ignated roads, rights-of-way, and park ing areas open to public vehicular ac cess. This prohibition applies to off road vehicle operation on lake and VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00588 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 579 U.S. Fish and Wildlife Serv., Interior § 36.39 river ice. At the operator’s risk, we allow licensed and registered motor ve hicles designed and legal for highway use on Hidden, Engineer, Kelly, Peter sen, and Watson lakes only to provide access for ice fishing. You must enter and exit the lakes via existing boat ramps. (ii) We prohibit the operation of air cushion watercraft, air-thrust boats, jet skis and other personal watercraft, and all other motorized watercraft ex cept motorboats. (iii) The Refuge Manager may issue a special use permit (FWS Form 3–1383– G) for the operation of specialized off road vehicles and watercraft for cer tain administrative activities (to in clude fish and wildlife-related moni toring, vegetation management, and infrastructure maintenance in per mitted rights-of-way). (4) Snowmobiles. We allow the oper ation of snowmobiles only in des ignated areas and only under the fol lowing conditions: (i) We allow the operation of snow mobiles from December 1 through April 30 only when the Refuge Manager de termines that there is adequate snow cover to protect underlying vegetation and soils. During this time, the Refuge Manager will authorize, through public notice (a combination of any or all of the following: Internet, newspaper, radio, and/or signs), the use of snowmo biles less than 48 inches in width and less than 1,000 pounds (450 kg) in weight. (ii) We prohibit snowmobile oper ation: (A) In all areas above timberline, ex cept the Caribou Hills. (B) In an area within sections 5, 6, 7, and 8, T. 4 N., R. 10 W., Seward Merid ian, east of the Sterling Highway right of-way, including the Refuge Head quarters complex, the environmental education/cross-country ski trails, Headquarters and Nordic lakes, and the area north of the east fork of Slikok Creek and northwest of a prominent seismic trail to Funny River Road. (C) In an area including the Swanson River Canoe Route and portages, begin ning at the Paddle Lake parking area, then west and north along the Canoe Lakes wilderness boundary to the Swanson River, continuing northeast along the river to Wild Lake Creek, then east to the west shore of Shoepac Lake, south to the east shore of Antler Lake, and west to the beginning point near Paddle Lake. (D) In an area including the Swan Lake Canoe Route and several road connected public recreational lakes, bounded on the west by the Swanson River Road, on the north by the Swan Lake Road, on the east by a line from the east end of Swan Lake Road south to the west bank of the Moose River, and on the south by the refuge bound ary. (E) In the Skilak Wildlife Recreation Area, except on Hidden, Kelly, Peter sen, and Engineer lakes only to provide access for ice fishing. You must enter and exit these lakes via the existing boat ramps and operate exclusively on the lakes. Within the Skilak Wildlife Recreation Area, only Upper and Lower Skilak Lake campground boat launches may be used as access points for snowmobile use on Skilak Lake. (F) On maintained roads within the refuge. Snowmobiles may cross a main tained road after stopping. (G) For racing, or to herd, harass, haze, pursue, or drive wildlife. (5) Hunting and trapping. We allow hunting and trapping on the refuge in accordance with State and Federal laws and consistent with the following provisions: (i) You may not discharge a firearm within 1⁄4 mile of designated public campgrounds, trailheads, waysides, buildings including public use cabins, or the Sterling Highway from the east Refuge boundary to the east junction of the Skilak Loop Road. You may not discharge a firearm within 1⁄4 mile of the west shoreline of the Russian River from the upstream extent of the Rus sian River Falls downstream to its con fluence with the Kenai River, and from the shorelines of the Kenai River from the east refuge boundary downstream to Skilak Lake and from the outlet of Skilak Lake downstream to the refuge boundary, except that firearms may be used in these areas to dispatch animals while lawfully trapping and shotguns may be used for waterfowl and small game hunting along the Kenai River. These firearms discharge regulations VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00589 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 580 50 CFR Ch. I (10–1–23 Edition) § 36.39 do not preclude use of firearms for tak ing game in defense of life and property as defined under State law. (ii) We prohibit hunting over bait, with the exception of hunting for black bear, and then only as authorized under the terms and conditions of a special use permit (FWS Form 3–1383– G) issued by the Refuge Manager. (iii) We prohibit hunting big game with the aid or use of a dog, with the exception of hunting for black bear, and then only as authorized under the terms and conditions of a special use permit (FWS Form 3–1383–G) issued by the Refuge Manager. (iv) We prohibit hunting and trapping within sections 5, 6, 7, and 8, T. 4 N., R. 10 W., Seward Meridian, encompassing the Kenai Refuge Headquarters, Envi ronmental Education Center, Visitor Center Complex, and associated public use trails. A map of closure areas is available at Refuge Headquarters. (v) The additional provisions for hunting and trapping within the Skilak Wildlife Recreation Area are set forth in paragraph (i)(6) of this section. (6) Hunting and trapping within the Skilak Wildlife Recreation Area. (i) The Skilak Wildlife Recreation Area is bound by a line beginning at the east ernmost junction of the Sterling High way and the Skilak Loop Road (Mile 58), then due south to the south bank of the Kenai River, then southerly along the south bank of the Kenai River to its confluence with Skilak Lake, then westerly along the north shore of Skilak Lake to Lower Skilak Camp ground, then northerly along the Lower Skilak campground road and the Skilak Loop Road to its westernmost junction with the Sterling Highway (Mile 75.1), then easterly along the Sterling Highway to the point of ori gin. (ii) The Skilak Wildlife Recreation Area (Skilak Loop Management Area) is closed to hunting and trapping, ex cept as provided in paragraphs (i)(6)(iii) and (iv) of this section. (iii) You may hunt moose only with a permit issued by the Alaska Depart ment of Fish and Game and in accord ance with the provisions set forth in paragraph (i)(5) of this section. (iv) You may hunt small game in ac cordance with the provisions set forth in paragraph (i)(5) of this section and: (A) Using falconry and bow and arrow only from October 1 through March 1; or (B) If you are a youth hunter 16 years old or younger, who is accompanied by a licensed hunter 18 years old or older who has successfully completed a cer tified hunter education course (if the youth hunter has not), or by someone born on or before January 1, 1986. Youth hunters must use standard .22 rimfire or shotgun, and may hunt only in that portion of the area west of a line from the access road from the Sterling Highway to Kelly Lake, the Seven Lakes Trail, and the access road from Engineer Lake to Skilak Lake Road, and north of the Skilak Lake Road. The youth hunt occurs during each weekend from November 1 to De cember 31, including the Friday fol lowing Thanksgiving. State of Alaska bag limit regulations apply. (7) Fishing. We allow fishing on the refuge in accordance with State and Federal laws, and consistent with the following provisions: (i) We prohibit fishing during hours of operation of the Russian River Ferry along the south bank of the Kenai River from a point 100 feet upstream to a point 100 feet downstream of the ferry dock. (ii) Designated areas along the Kenai River at the two Moose Range Mead ows public fishing facilities along Key stone Drive are closed to public access and use. At these facilities, we allow fishing only from the fishing platforms and by wading in the Kenai River. To access the river, you must enter and exit from the stairways attached to the fishing platforms. We prohibit fishing from, walking or placing belongings on, or otherwise occupying designated areas along the river in these areas. (8) Public use cabin and camping area management. We allow camping and use of public use cabins on the refuge in ac cordance with the following conditions: (i) Unless otherwise further re stricted, camping may not exceed 14 days in any 30-day period anywhere on the refuge. (ii) Campers may not spend more than 7 consecutive days at Hidden VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00590 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 581 U.S. Fish and Wildlife Serv., Interior § 36.39 Lake Campground or in public use cab ins. (iii) The Refuge Manager may estab lish a fee and registration permit sys tem for overnight camping at des ignated campgrounds and public use cabins. At all of the refuge’s fee-based campgrounds and public use cabins, you must pay the fee in full prior to oc cupancy. No person may attempt to re serve a refuge campsite by placing a placard, sign, or any item of personal property on a campsite. Reservations and a cabin permit are required for public use cabins, with the exception of the Emma Lake and Trapper Joe cab ins, which are available on a first come, first-served basis. Information on the refuge’s public use cabin pro gram is available from Refuge Head quarters and online at http:// www.recreation.gov. (iv) Campers in developed camp grounds and public use cabins must fol low all posted campground and cabin occupancy rules. (v) You must observe quiet hours from 11:00 p.m. until 7:00 a.m. in all de veloped campgrounds, parking areas, and public use cabins. (vi) Within developed campgrounds, we allow camping only in designated sites. (vii) Campfires. (A) Within developed campgrounds, we allow open fires only in portable, self-contained, metal fire grills, or in the permanent fire grates provided. We prohibit moving a perma nent fire grill or grate to a new loca tion. (B) Campers and occupants of public use cabins may cut only dead and down vegetation for campfire use. (C) You must completely extinguish (put out cold) all campfires before per manently leaving a campsite. (viii) While occupying designated campgrounds, parking areas, or public use cabins, all food (including lawfully retained fish, wildlife, or their parts), beverages, personal hygiene items, odiferous refuse, or any other item that may attract bears or other wild life, and all equipment used to trans port, store, or cook these items (such as coolers, backpacks, camp stoves, and grills) must be: (A) Locked in a hard-sided vehicle, camper, or camp trailer; in a cabin; or in a commercially produced and cer tified bear-resistant container; or (B) Immediately accessible to at least one person who is outside and at tending to the items. (ix) We prohibit deposition of solid human waste within 100 feet of annual mean high water level of any wetland, lake, pond, spring, river, stream, camp site, or trail. In the Swan Lake and Swanson River Canoe Systems, you must bury solid human waste to a depth of 6 to 8 inches. (x) We prohibit tent camping within 600 feet of each public use cabin, except by members and guests of the party registered to that cabin. (xi) Within 100 yards of the Kenai River banks along the Upper Kenai River from river mile 73 to its con fluence with Skilak Lake (river mile 65), we allow camping only at des ignated primitive campsites. Campers can spend no more than 3 consecutive nights at the designated primitive campsites. (xii) We prohibit camping in the fol lowing areas of the refuge: (A) Within 1⁄4 mile of the Sterling Highway, Ski Hill, or Skilak Loop roads, except in designated camp grounds. (B) On the two islands in the lower Kenai River between mile 25.1 and mile 28.1 adjacent to the Moose Range Mead ows Subdivision. (C) At the two refuge public fishing facilities and the boat launching facil ity along Keystone Drive within the Moose Range Meadows Subdivision, in cluding within parking areas, and on trails, fishing platforms, and associ ated refuge lands. (9) Other uses and activities—(i) Must I register to canoe on the refuge? Canoeists on the Swanson River and Swan Lake Canoe Routes must register at en trance points using the registration forms provided. The maximum group size on the Canoe Routes is 15 people. The Refuge Manager may authorize larger groups under the terms and con ditions of a special use permit (FWS Form 3–1383–G). (ii) May I use motorized equipment within designated Wilderness areas on the refuge? Within the Kenai Wilderness, except as provided in this paragraph (i), we prohibit the use of motorized VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00591 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 582 50 CFR Ch. I (10–1–23 Edition) § 36.39 equipment, including, but not limited to, chainsaws; generators; power tools; powered ice augers; and electric, gas, or diesel power units. We allow the use of motorized wheelchairs, when used by those whose disabilities require wheel chairs for locomotion. We allow the use of snowmobiles, airplanes, and motor boats in designated areas in accordance with the regulations in this paragraph (i). (iii) May I use non-motorized wheeled vehicles on the refuge? Yes, you may use bicycles and other non-motorized wheeled vehicles, but only on refuge roads and rights-of-way designated for public vehicular access. In addition, you may use non-motorized, hand-oper ated, wheeled game carts, specifically manufactured for such purpose, to transport meat of legally harvested big game on designated industrial roads closed to public vehicular access. Infor mation on these designated roads is available from Refuge Headquarters. Further, you may use a wheelchair if you have a disability that requires its use for locomotion. (iv) May I ride or use horses, mules, or other domestic animals as packstock on the refuge? Yes, as authorized under State law, except on the Fuller Lakes Trail and on all trails within the Skilak Wildlife Recreation Area and the Refuge Headquarters area. All ani mals used as packstock must remain in the immediate control of the owner, or his/her designee. All hay and feed used on the refuge for domestic stock and sled dogs must be certified under the State of Alaska’s Weed Free Forage certification program. (v) Are pets allowed on the refuge? Yes, pets are allowed, but you must be in control of your pet(s) at all times. Pets in developed campgrounds and parking lots must be on a leash that is no longer than 9 feet in length. Pets are not allowed on hiking and ski trails in the Refuge Headquarters area. (vi) May I cut firewood on the refuge? The Refuge Manager may open des ignated areas of the refuge for firewood cutting. You may cut and/or remove firewood only for personal, non commercial use, and only as authorized under the terms and conditions of a special use permit (FWS Form 3–1383– G) issued by the Refuge Manager. (vii) May I cut Christmas trees on the refuge? You may cut one spruce tree per household per year no larger than 20 feet in height from Thanksgiving through Christmas Day. Trees may be taken anywhere on the refuge, except that we prohibit taking trees from within the 2-square-mile Refuge Head quarters area on Ski Hill Road. Trees must be harvested with hand tools, and must be at least 150 feet from roads, trails, campgrounds, picnic areas, and waterways (lakes, rivers, streams, or ponds). Stumps from harvested trees must be trimmed to less than 6 inches in height. (viii) May I pick berries and other edi ble plants on the refuge? You may pick and possess unlimited quantities of berries, mushrooms, and other edible plants for personal, noncommercial use. (ix) May I collect shed antlers on the refuge? You may collect and keep up to eight (8) naturally shed moose and/or caribou antlers annually for personal, noncommercial use. You may collect no more than two (2) shed antlers per day. (x) May I leave personal property on the refuge? You may not leave personal property unattended longer than 72 hours unless in a designated area or as authorized under the terms and condi tions of a special use permit (FWS Form 3–1383–G) issued by the Refuge Manager. However, refuge visitors in volved in approved, extended overnight activities, including hunting, fishing, and camping, may leave personal prop erty unattended during their contin uous stay, but in no case longer than 14 days. (xi) If I find research marking devices, what do I do? You must return any radio transmitter collars, neck and leg bands, ear tags, or other fish and wild life marking devices found or recovered from fish and wildlife on the refuge within 5 days of leaving the refuge to the Refuge Manager or the Alaska De partment of Fish and Game. (xii) Are there special regulations for alcoholic beverages? In addition to the provisions of 50 CFR 27.81, anyone under the age of 21 years may not knowingly consume, possess, or control alcoholic beverages on the refuge in VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00592 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 583 U.S. Fish and Wildlife Serv., Interior § 36.39 violation of State of Alaska law or reg ulations. (xiii) Are there special regulations for public gatherings on the refuge? In addi tion to the provisions of 50 CFR 26.36, a special use permit (FWS Form 3–1383– G) is required for any outdoor public gathering of more than 20 persons. (10) Areas of the refuge closed to public use. (i) From March 15 through Sep tember 30, you may not approach with in 100 yards of, or walk on or otherwise occupy, the rock outcrop islands in Skilak Lake traditionally used by nesting cormorants and gulls. A map depicting the closure is available from the Refuge Headquarters. (ii) Headquarters Lake, adjacent to the Kenai Refuge Headquarters area, is closed to boating. (11) Area-specific regulations for the Russian River Special Management Area. The Russian River Special Manage ment Area includes all refuge lands and waters within 1⁄4 mile of the eastern refuge boundary along the Russian River from the upstream end of the fish ladder at Russian River Falls down stream to the confluence with the Kenai River, and within 1⁄4 mile of the Kenai River from the eastern refuge boundary downstream to the upstream side of the powerline crossing at river mile 73, and areas managed by the ref uge under memorandum of under standing or lease agreement at the Sportsman Landing facility. In the Russian River Special Management Area: (i) While recreating on or along the Russian and Kenai rivers, you must closely attend or acceptably store all attractants, and all equipment used to transport attractants (such as backpacks and coolers) at all times. Attractants are any substance, natural or manmade, including but not limited to, items of food, beverage, personal hygiene, or odiferous refuse that may draw, entice, or otherwise cause a bear or other wildlife to approach. Closely attend means to retain on the person or within the person’s immediate con trol and in no case more than 3 feet from the person. Acceptably store means to lock within a commercially produced and certified bear-resistant container. (ii) While recreating on or along the Russian and Kenai rivers, you must closely attend or acceptably store all lawfully retained fish at all times. Closely attend means to keep within view of the person and be near enough for the person to quickly retrieve, and in no case more than 12 feet from the person. Acceptably store means to lock within a commercially produced and certified bear-resistant container. (iii) We prohibit overnight camping except in designated camping facilities at the Russian River Ferry and Sports man’s Landing parking areas. Campers may not spend more than 2 consecutive days at these designated camping fa cilities. (iv) You may start or maintain a fire only in designated camping facilities at the Russian River Ferry and Sports man’s Landing parking areas, and then only in portable, self-contained, metal fire grills, or in the permanent fire grates provided. We prohibit moving a permanent fire grill or grate to a new location. You must completely extin guish (put out cold) all campfires be fore permanently leaving your camp site. (12) Area-specific regulations for the Moose Range Meadows Subdivision non development and public use easements. (i) Where the refuge administers two vari able width, non-development ease ments held by the United States and overlaying private lands within the Moose Range Meadows Subdivision on either shore of the Kenai River be tween river miles 25.1 and 28.1, you may not erect any building or struc ture of any kind; remove or disturb gravel, topsoil, peat, or organic mate rial; remove or disturb any tree, shrub, or plant material of any kind; start a fire; or use a motorized vehicle of any kind (except a wheelchair occupied by a person with a disability), unless such use is authorized under the terms and conditions of a special use permit (FWS Form 3–1383–G) issued by the Ref uge Manager. (ii) Where the refuge administers two 25-foot-wide public use easements held by the United States and overlaying private lands within the Moose Range Meadows Subdivision on either shore of the Kenai River between river miles VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00593 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 584 50 CFR Ch. I (10–1–23 Edition) § 36.39 25.1 and 28.1, we allow public entry sub ject to applicable Federal regulations and the following provisions: (A) You may walk upon or along, fish from, or launch or beach a boat upon an area 25 feet upland of ordinary high water, provided that no vehicles (ex cept wheelchairs) are used. We prohibit non-emergency camping, structure construction, and brush or tree cutting within the easements. (B) From July 1 to August 15, you may not use or access any portion of the 25-foot-wide public easements or the three designated public easement trails located parallel to the Homer Electric Association Right-of-Way from Funny River Road and Keystone Drive to the downstream limits of the public use easements. Maps depicting the seasonal closure are available from Refuge Headquarters. (13) Area-specific regulations for Alaska Native Claims Settlement Act Section 17(b) easements. Where the refuge admin isters Alaska Native Claims Settle ment Act Section 17(b) easements to provide access to refuge lands, no per son may block, alter, or destroy any section of the road, trail, or undevel oped easement, unless such use is au thorized under the terms and condi tions of a special use permit (FWS Form 3–1383–G) issued by the Refuge Manager. No person may interfere with lawful use of the easement or create a public safety hazard on the easement. Section 17(b) easements are depicted on a map available from Refuge Head quarters. (j) Kodiak National Wildlife Refuge—(1) Seasonal public use closure of the O’Malley River Area. The area within the Kodiak National Wildlife Refuge described in this paragraph (j)(1) is closed to all public access, occupancy, and use from June 25 through Sep tember 30, except for individuals par ticipating in the O’Malley River Bear Viewing Program. The area subject to seasonal closure consists of lands and waters located within Township 33 South, Range 30 West, Seward Merid ian, Alaska, consisting of approxi mately 2,560 acres, and more particu larly described as follows: Township 33 South, Range 30 West, Seward Merid ian, Alaska, all of Section 25; all of Section 26, excluding U.S. Survey 10875 and the adjacent riparian ownership (Koniag Inc.) fronting the survey and extending to the center of Karluk Lake; and all of Sections 35 and 36, ex cluding U.S. Survey 10876 and the adja cent riparian ownership (Koniag Inc.) fronting the survey and extending to the center of Karluk Lake. Maps of the closure area are available from the Refuge. (2) Access easement provision. Notwith standing any other provision of this paragraph (j), there exists a 25-foot wide access easement on an existing trail within the Koniag Inc. Regional Native Corporation lands within prop erties described in paragraph (j)(1) of this section in favor of the United States of America. (3) Permit requirement for Conservation Easement lands. Pursuant to the terms of a Conservation Easement held by the United States and the State of Alaska, we manage public use of cer tain lands owned by Koniag, Inc. These lands are inholdings within the exte rior boundaries of the Kodiak National Wildlife Refuge. The Conservation Easement was recorded in the Kodiak Recording District, Alaska, on Decem ber 6, 2002, as document number 2002– 003448–0. The lands subject to the Con servation Easement to which the per mit requirement in this paragraph apply are all lands within 1⁄2 mile of the west shore of Karluk Lake, from the lake outlet to the southern boundary of T. 32 S., R. 30 W. (surveyed), Seward Meridian; all lands within 1⁄2 mile of the east shore of Karluk Lake, from the lake outlet to a point due east of the north end of Camp Island; and all lands within a 1⁄2-mile band of land on either side of the Karluk River, from the Karluk Lake outlet downstream to the refuge boundary. A map is avail able from the refuge showing the loca tion of the easement lands that are subject to the permit requirement. You are prohibited from using these lands unless: (i) You have a nontransferable permit from the refuge; (ii) You are a concessionaire or a cli ent of a concessionaire authorized by Koniag, Inc., to provide revenue-pro ducing visitor services; VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00594 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 585 U.S. Fish and Wildlife Serv., Interior § 36.41 (iii) You are an authorized user in ac cordance with section 7(d) of the Con servation Easement; or (iv) You are limiting your use of the property to public access easements es tablished under section 17(b) of the Alaska Native Claims Settlement Act. (4) Camping prohibition near facilities. On lands within Kodiak National Wild life Refuge, you are prohibited from camping within one-quarter mile of public use cabins and Federal and ad ministrative facilities, unless such ac tivity is specifically authorized in a Refuge Special Use Permit. An admin istrative facility means any facility or site administered by the U.S. Fish and Wildlife Service or the State of Alaska for public entry or other administra tive purposes, including but not lim ited to cabins, storage buildings, piers, docks, weirs, refuge offices, visitor cen ters, and public access and parking sites. Maps of the locations of public use cabins and administrative facilities are available from Refuge Head quarters in Kodiak, Alaska. (5) Snowmachine prohibition. Snowmachines, as defined in § 36.2, are prohibited within an approximately 4,972-acre area encompassing Den Mountain and adjacent highlands. The summit of Den Mountain is located within Township 29 South, Range 24 West, Seward Meridian, Alaska. Maps of the closed area are available from Refuge Headquarters in Kodiak, Alas ka. [51 FR 32332, Sept. 11, 1986, as amended at 51 FR 41509, Nov. 17, 1986; 60 FR 37311, July 19, 1995; 61 FR 29497, June 11, 1996; 64 FR 14154, Mar. 24, 1999; 71 FR 33259, June 8, 2006; 75 FR 16639, Apr. 1, 2010; 81 FR 27043, May 5, 2016; 85 FR 54145, Aug. 31, 2020] Subpart F—Permits and Public Par ticipation and Closure Proce dures § 36.41 Permits. (a) Applicability. The regulations con tained in this section apply to the issuance and administration of com petitively and noncompetitively issued permits for economic and/or other priv ileged uses on all national wildlife ref uges in Alaska. Nothing in this section requires the refuge manager to issue a special use permit if not otherwise mandated by statute to do so. Supple mental procedures for granting histor ical use, Native Corporation, and local preferences in the selection of commer cial operators to hold permits to pro vide visitor services, other than hunt ing and fishing guiding on refuges in Alaska, are addressed in § 36.37, Rev enue producing visitor services. (b) Definitions. As used in this sec tion, the term or terms: Commercial visitor service means any service or activity made available for a fee, commission, brokerage or other compensation to persons who visit a refuge, including such services as pro viding food, accommodations, trans portation, tours, and guides. Included is any activity where one participant/ member or group of participants pays more in fees than the other partici pants (non-member fees, etc.), or fees are paid to the organization which are in excess of the bona fide expenses of the trip; Entire business means all assets in cluding, but not limited to, equipment, facilities, and other holdings directly associated with the permittee’s type of commercial visitor service authorized by permit. This term also includes as sets held under the name of separate business entities, which provide the same specific type of commercial vis itor services authorized by permit, that the permittee has a financial interest in. The term does not include related enterprises owned by the permittee such as taxidermy and travel services; Immediate family means the spouse and children, either by birth or adop tion, of the permittee. Operations plan means a narrative de scription of the commercial operations which contains all required informa tion identified in the prospectus; Permit means a special use permit issued by the refuge manager which au thorizes a commercial visitor service or other activity restricted by law or regulation on a national wildlife ref uge; Prospectus means the document that the Service uses in soliciting competi tion to award commercial visitor serv ices on a refuge; Subcontracting means any activity in which the permittee provides financial or other remuneration to anyone other VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00595 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 586 50 CFR Ch. I (10–1–23 Edition) § 36.41 than employees to conduct the specific commercial services authorized by the Service. The permittee’s primary au thorized activities must be conducted in a genuine employer/employee rela tionship where the source of all remu neration for services provided to cli ents is from the permittee. Subcon tracting does not apply to booking services or authorized secondary serv ices provided to clients in support of the permittee’s primary authorized ac tivities (e.g., a guide paying a marine or air taxi operator to transport cli ents); Subletting means any activity in which the permittee receives financial or other remuneration in return for al lowing another commercial operator to conduct any of the permittee’s author ized activities in the permittee’s use area; and Use area means the designated area where commercial services may be con ducted by the permittee. (c) General provisions. In all cases where a permit is required, the per mittee must abide by the conditions under which the permit was issued. Refuge managers will provide written notice to the permittee in all cases where documentation of noncompli ance is prepared for use in any admin istrative proceeding involving the per mittee. (d) Application. (1) This section and other regulations in this part 36, gen erally applicable to the National Wild life Refuge System, require that per mits be obtained from the refuge man ager. For activities on the following refuges, request permits from the re spective refuge manager in the fol lowing locations: Refuge Office location Alaska Peninsula National Wildlife Ref uge. King Salmon. Alaska Maritime National Wildlife Ref uge. Homer. Aleutian Islands Unit, Alaska Maritime NWR. Homer. Arctic National Wildlife Refuge ............. Fairbanks. Becharof National Wildlife Refuge ........ King Salmon. Innoko National Wildlife Refuge ............ McGrath. Izembek National Wildlife Refuge ......... Cold Bay. Kanuti National Wildlife Refuge ............ Fairbanks. Kenai National Wildlife Refuge ............. Soldotna. Kodiak National Wildlife Refuge ........... Kodiak. Koyukuk National Wildlife Refuge ......... Galena. Nowitna National Wildlife Refuge ......... Galena. Selawik National Wildlife Refuge .......... Kotzebue. Tetlin National Wildlife Refuge .............. Tok. Refuge Office location Togiak National Wildlife Refuge ............ Dillingham. Yukon Delta National Wildlife Refuge ... Bethel. Yukon Flats National Wildlife Refuge ... Fairbanks. (2) For noncompetitively issued per mits, the applicant may present the ap plication verbally if he/she is unable to prepare a written application. The ref uge manager will keep a written record of such verbal application. For com petitively issued permits, the applicant must submit a written application in the format delineated in the prospectus or other designated format of the Serv ice. (3) The refuge manager will grant or deny applications for noncompetitively issued permits in writing within 45 days, except for good cause. For com petitively issued permits, the refuge manager will grant or deny applica tions in accordance with the time frame established in the prospectus, ex cept for good cause. (4) Refuge managers may establish application period deadlines for indi vidual refuges for both competitively and noncompetitively issued permits. The refuge manager will send notifica tion of availability for commercial op portunities and application deadlines to existing and/or the previous year’s permittees. He/she will publish the no tice in at least one newspaper of gen eral circulation in the State and in at least one local newspaper if available, and will make available for broadcast on local radio stations in a manner rea sonably calculated to inform local pro spective applicants. (5) The Service may limit the number of applications that an individual may submit for competitively awarded of ferings. (e) Competitively awarded permits. (1) Where the number of available permits is limited, refuge managers will award permits competitively. A prospectus with invitation to bid system will be the primary competitive method used for selecting commercial visitor serv ices. Where justified, other selection methods, including but not limited to lotteries, may be used. Such cir cumstances may include, but not be limited to, the timely refilling of use areas that have become vacant during regularly scheduled terms to prevent VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00596 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 587 U.S. Fish and Wildlife Serv., Interior § 36.41 commercial visitor service opportuni ties from going unused, and initiating trial programs on individual refuges. The refuge manager has discretionary authority to issue noncompetitive per mits on a one-time, short-term basis to accredited educational institutions and other nonprofit organizations to con duct primarily environmental edu cation-related activities that also may be recreational in nature in use areas where permits for that type of guided recreational activity are otherwise limited to competitive award. (2) Where numbers of permits have been limited for an activity prior to the promulgation of these regulations and a prospectus with invitation to bid system has not yet been developed, ref uge managers may issue noncompeti tive five-year permits consistent with the terms set forth in paragraph (e)(16) of this section on a one-time basis to existing permittees. (3) The Service will publish notice of all solicitations for competition in ac cordance with paragraph (d)(4) of this section and include reasonable applica tion periods of not less than 60 days. When competitively selecting permit tees for an activity in a use area where permits for that activity were not pre viously competitively awarded, the Service will publish notice of the up coming opportunity a minimum of 18 months prior to the effective date of the permit term. (4) All prospectuses will identify the selection criteria that the Service will use to evaluate the proposals. All prospectuses involving commercial vis itor services must include experience and performance in providing the same or similar services as a criterion. In evaluating the experience of an appli cant, the Service will specifically con sider knowledge of the specific area covered by the prospectus and the na ture of the technical skills required to provide quality service to the public. (5) A panel of Service employees who use a scoring process based on the se lection criteria will evaluate and rank applications received in response to a prospectus. (6) The Service has discretionary au thority to not evaluate or consider pro posals that are incomplete or improp erly submitted. (7) The Service may establish min imum scores to qualify for the award of permits. If established, these minimum scores will be identified in the pro spectus. (8) The Service may establish limits on the number of use areas within an individual refuge, or on refuges state wide, in which a permittee is author ized to operate. This limit applies to different corporations in which the same individual has any ownership in terests. (9) When vacancies occur in competi tively filled use areas, the procedure for reissuing the permits will depend on how long it has been since the per mit originally was issued. The Service will award the permit to the next high est ranking interested applicant in the original solicitation, if a vacancy oc curs within the first 12 months of the permit’s effective date. Resolicited competition for the area will occur as soon as practicable if: (i) A vacancy occurs after 12 months of the permit’s effective date; and (ii) At least 24 months of the original permit term is available for a new per mittee after completion of the solicita tion, application, evaluation and awards period. If less than 24 months of the term of the permit is available, the Service has the discretion to solicit competition during the regularly scheduled solicitation period. The Service may annually issue non competitive permits for vacant areas, where there has not been significant permittee interest, until competition can be solicited in conjunction with other solicitations for vacant areas. (10) Terms of permits awarded under the prospectus with invitation method are valid for 5 years except in those in stances where the Service issues per mits to fill vacancies occurring during a scheduled award cycle. In these in stances, the permit duration is limited to the expiration date of the original award period. Permits awarded under the prospectus by invitation method must be renewed noncompetitively by the refuge manager for a period of 5 ad ditional years upon application and a showing of permittee compliance with VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00597 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 588 50 CFR Ch. I (10–1–23 Edition) § 36.41 all applicable permit terms and condi tions and a satisfactory record of per formance. After one renewal, the Serv ice shall not extend or noncompeti tively renew another permit. (11) Permit privileges may be trans ferred to other qualified entities that demonstrate the ability to meet Serv ice standards, as outlined in the pro spectus upon which the existing permit was based, subject to approval by the refuge manager. Requests for transfers must be made in writing to the refuge manager. A permittee who transfers his/her privileges will not be eligible to be considered for competitively award ed permits for the same type of activ ity on the same national wildlife ref uge for a period of three years fol lowing the authorized transfer. The Service retains complete discretion in allowing transfers. In general, the Service approves transfers only upon demonstrating that it is to the govern ment’s benefit and if all the following criteria are satisfied: (i) The transfer is part of the sale or disposition of the current permittee’s entire business as earlier defined; (ii) The current permittee was either conducting the commercial operation in the refuge under authorization of a permit for a minimum of 12 years or owns significant real property in the area, the value of which is dependent on holding a refuge permit. Consider ation of the last element will include, but is not limited to: (A) The relationship of the real prop erty to permitted refuge activities as documented in the operations plan; (B) The percentage that the author ized refuge activities comprise of the total commercial use associated with the real property; and (C) The appraised value of the real property. (iii) The transferee must be independ ently qualified to hold the permit under the standards of the prospectus of the original existing permit. (iv) The transferee has an acceptable history of compliance with State and Federal fish and wildlife and related permit regulations during the past 5 years. An individual with any felony conviction is an ineligible transferee. Transfer approval to an individual hav ing any violations, convictions, or pleas of nolo contendere for fish and wildlife related federal misdemeanors or State violations will be discre tionary. Denial is based on, but not limited to, whether the individual com mitted any violation in which the case disposition resulted in any of the fol lowing: (A) Any jail time served or probation; (B) Any criminal fine of $250 or great er; (C) Forfeiture of equipment or har vested animal (or parts thereof) valued at $250 or greater; (D) Suspension of privileges or rev ocation of any fish and wildlife related license/permits; (E) Other alternative sentencing that indicates the penalty is of equal sever ity to the foregoing elements; or (F) Any multiple convictions or pleas of nolo contendere for fish and wildlife related Federal misdemeanors or State fish and wildlife-related violations or misdemeanors irrespective of the amount of the fine. (12) The transferee must follow the operations plan of the original per mittee. The transferee may modify the operations plan with the written con sent of the refuge manager as long as the change does not result in increased adverse impacts to refuge resources or other refuge users. (13) Upon timely approval of the transfer, the Service will issue the new permittee a permit for the remaining portion of the original permit term. The refuge manager retains the right to restrict, suspend, revoke, or not renew the permit for failure to comply with its terms and conditions. (14) Permit privileges issued under this paragraph (e) may be transferred, subject to refuge manager approval, to a former spouse when a court awards permit-associated business assets in a divorce settlement agreement to that person. The recipient must independ ently qualify to hold the originally issued permit under the minimum standards identified by the Service, and the permittee must have an ac ceptable history of compliance as set forth in paragraph (e)(11)(iv) of this section. (15) Permit privileges issued under this paragraph (e) may be transferred in the case of death or disability of the VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00598 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 589 U.S. Fish and Wildlife Serv., Interior § 36.41 permittee, subject to refuge manager approval, as provided in this paragraph (e). In these cases, the permit privi leges may pass to a spouse who can demonstrate he/she is capable of pro viding the authorized services and who has an acceptable history of compli ance as set forth in paragraph (e)(11)(iv) of this section. A spouse who lacks any required license(s) but other wise qualifies may hire an employee, who holds the required license(s) and who has an acceptable history of com pliance as set forth in paragraph (e)(11)(iv) of this section, to assist in the operation. Permit privileges may also pass to another member of the im mediate family or a person who was a business partner at the time of original permit issuance. This person must be independently qualified under the min imum standards identified by the Serv ice at the time of original permit issuance and have an acceptable his tory of compliance as set forth in para graph (e)(11)(iv) of this section. (16) Upon September 26, 1997, refuge managers will amend existing competi tively-awarded permits through the prospectus method to make the terms fully consistent with this section, in cluding eligibility for a 5-year non competitive renewal. (f) Fees. Permittees must pay fees formally established by regional and/or nation-wide Service policy. The refuge manager must document any fee ex emption. (g) Subletting and subcontracting. A permittee may not sublet any part of an authorized use area. Subcontracting any service authorized by the permit requires written approval from the ref uge manager unless the subcontracted service is specifically identified in the permittee’s approved perations plan. (h) Restriction, suspension and revoca tion of permits. The refuge manager may suspend, revoke, or reasonably restrict the terms of a permit for noncompli ance with the terms and conditions of the regulations in this subchapter C; for nonuse of the permit; for violations/ convictions (including pleas of nolo contendere) of any law or regulation pertaining to the same type of activity authorized by the permit, whether or not the activity occurred on or off the refuge; to protect public health or safe ty; or if the refuge manager determines the use to be incompatible with refuge purposes or is inconsistent with the Service’s obligations under Title VIII of the Alaska National Interest Lands Conservation Act. All actions per taining to this paragraph are subject to the appeal process as set forth in para graph (i) of this section. (i) Appeals. (1) Any person adversely affected by a refuge manager’s decision or order relating to the person’s per mit, or application for a permit, has the right to have the decision or order reviewed by the regional director. This section does not apply to permits or applications for rights-of-way. See 50 CFR 29.22 for the hearing and appeals procedure on rights-of-way. (2) Prior to making any adverse deci sion or order on any permit or an appli cation for a noncompetitively issued permit, the refuge manager will notify the permittee or applicant, verbally or in writing, of the proposed action and its effective date. A permittee or appli cant of noncompetitively issued per mits, shall have 45 calendar days after notification in which to present to the refuge manager, orally or in writing, a statement in opposition to the pro posed action or effective date. Notifica tion in writing to a valid permit holder shall occur within 10 calendar days after receipt of the statement in oppo sition to the refuge manager’s final de cision or order. An applicant for a non competitively issued permit shall be notified in writing within 30 calendar days after receipt of the statement in opposition, of the refuge manager’s final decision or order. An applicant for a competitively issued permit who is not selected will not receive advance notice of the award decision. Such ap plicants, who wish to appeal the deci sion must appeal directly to the re gional director within the time period provided for in paragraph (i)(3) of this section. (3) The permittee or applicant shall have 45 calendar days from the post marked date of the refuge manager’s final decision or order in which to file a written appeal to the regional direc tor. In appeals involving applicants who were not selected during a com petitive selection process, the selected applicant concurrently will have the VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00599 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 590 50 CFR Ch. I (10–1–23 Edition) § 36.42 opportunity to provide information to the regional director prior to the final decision. Selected applicants who choose to take advantage of this oppor tunity, will retain their right of appeal should the appeal of the unsuccessful applicant result in reversal or revision of the original decision. For purposes of reconsideration, appellants shall present the following information: (i) Any statement or documentation, in addition to that included in the ini tial application, permit or competitive prospectus, which demonstrates that the appellant satisfies the criteria set forth in the document under which the permit application/award was made; (ii) The basis for the permit appli cant’s disagreement with the decision or order being appealed; and (iii) Whether or not the permit appli cant requests an informal hearing be fore the regional director. (4) The regional director will provide a hearing if requested by the applicant. After consideration of the written ma terials and oral hearing, and within a reasonable time, the regional director shall affirm, reverse, or modify the ref uge manager’s decision or order and shall set forth in writing the basis for the decision. The applicant must be sent a copy of the decision promptly. The decision will constitute final agen cy action. (5) Permittee compliance with any decision or order of a refuge manager shall be required during the appeal process unless the regional director makes a preliminary finding contrary to the refuge manager’s decision, and prepares a written determination that such action is not detrimental to the interests of the United States, or upon submission and acceptance of a bond deemed adequate by the refuge man ager to indemnify the United States from loss or damage. (j) State selection of guide-outfitters. Nothing in this section will prohibit the Service from cooperating with the State of Alaska in administering the selection of sport fishing guides and big game hunting guide-outfitters oper ating on national wildlife refuges should the State develop a competitive selection process which is acceptable to the Service. [62 FR 45340, Aug. 27, 1997] § 36.42 Public participation and clo sure procedures. (a) Authority. The Refuge Manager may close an area or restrict an activ ity on an emergency, temporary, or permanent basis. (b) Criteria. In determining whether to close an area or restrict an activity otherwise allowed, the Refuge Manager shall be guided by factors such as pub lic health and safety, resource protec tion, protection of cultural or sci entific values, subsistence uses, endan gered or threatened species conserva tion, and other management consider ations necessary to ensure that the ac tivity or area is being managed in a manner compatible with the purposes for which the Alaska National Wildlife Refuge area was established. (c) Emergency closures or restrictions. (1) Emergency closures or restrictions relating to the use of aircraft, snowmachines, motorboats, or non-mo torized surface transportation shall be made after notice and hearing; (2) Emergency closures or restric tions relating to the taking of fish and wildlife shall be accompanied by notice with a subsequent hearing; (3) Other emergency closures or re strictions shall become effective upon notice as prescribed in paragraph (f) of this section; and (4) No emergency closure or restric tion shall be for a period exceeding 30 days. (d) Temporary closures or restrictions. (1) Temporary closures or restrictions relating to the use of aircraft, snowmachines, motorboats or non-mo torized surface transportation, or to the taking of fish and wildlife, shall not be effective prior to notice and hearing in the vicinity of the area(s) affected by such closures or restriction, and other locations as appropriate; (2) Other temporary closures shall be effective upon notice as prescribed in paragraph (f) of this section; and (3) Temporary closures or restric tions shall extend only for so long as necessary to achieve their purposes, and in no case may exceed 12 months or be extended beyond that time. (e) Permanent closures or restrictions. Permanent closures or restrictions shall be made only after notice and public hearings in the affected vicinity VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00600 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 591 U.S. Fish and Wildlife Serv., Interior Pt. 37 *These indicated units were previously ex isting refuges before the Alaska Lands Act of December 2, 1980, and are now part of the 16 National Wildlife Refuges established by the Alaska Lands Act. and other locations as appropriate, and after publication in the FEDERAL REG ISTER. (f) Notice. Emergency, temporary, or permanent closures or restrictions shall be: (1) Published in at least one news paper of general circulation in the State and in at least one local news paper if available, posted at commu nity post offices within the vicinity af fected, made available for broadcast on local radio stations in a manner rea sonably calculated to inform residents in the affected vicinity, and designated on a map which shall be available for public inspection at the office of the Refuge Manager and other places con venient to the public; or (2) Designated by the posting of ap propriate signs; or (3) Both. (g) Openings. In determining whether to open an area to public use or activ ity otherwise prohibited, the Refuge Manager shall provide notice in the FEDERAL REGISTER and shall, upon re quest, hold a hearing in the affected vi cinity and other location, as appro priate, prior to making a final deter mination. (h) Prohibitions. Except as otherwise specifically permitted under the provi sions of this part, entry into closed areas or failure to abide by restrictions established under this section is pro hibited. [46 FR 31827, June 17, 1981, as amended at 81 FR 52273, Aug. 5, 2016; 82 FR 52011, Nov. 9, 2017] TABLE I TO PART 36—SUMMARY LISTING THE NATIONAL WILDLIFE REFUGES IN ALASKA AS ESTABLISHED BY THE ALASKA LANDS ACT, PUB. L. 96–487, DECEMBER 2, 1980 1. Alaska Maritime, including: Aleutian Island* Bering Sea* Bogoslof* Chamisso* Forrester Island* Hazy Islands* Pribilof* Saint Lazaria* Semidi* Simeonof* Tuxedni* 2. Alaska Peninsula 3. Arctic, including: William O. Douglas* 4. Becharof** 5. Innoko 6. Izembek* 7. Kanuti 8. Kenai* 9. Kodiak* 10. Koyukuk 11. Nowitna 12. Selawik 13. Tetlin 14. Togiak, including: Cape Newenham* 15. Yukon Delta, including: Clarence Rhode* Hazen Bay* Nunivak* 16. Yukon Flats* PART 37—GEOLOGICAL AND GEO PHYSICAL EXPLORATION OF THE COASTAL PLAIN, ARCTIC NA TIONAL WILDLIFE REFUGE, ALAS KA Subpart A—General Provisions Sec. 37.1 Purpose. 37.2 Definitions. 37.3 Other applicable laws. 37.4 Disclaimer and disqualification. Subpart B—General Requirements 37.11 General standards for exploratory ac tivities. 37.12 Responsibilities of permittee. 37.13 Group participation. 37.14 Bonding. Subpart C—Exploration Plans 37.21 Application requirements. 37.22 Approval of exploration plan. 37.23 Special use permit. 37.24 Plan of operation. 37.25 Revision. Subpart D—Environmental Protection 37.31 Environmental protection. 37.32 Special areas. 37.33 Environmental briefing. Subpart E—General Administration 37.41 Responsibilities of the Regional Direc tor. 37.42 Inspection and monitoring. 37.43 Suspension and modification. 37.44 Revocation and relinquishment. VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00601 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