50 CFR § 25.11 - 25.72 - The National Wildlife Refuge System - Administrative provisions

239 SUBCHAPTER C—THE NATIONAL WILDLIFE REFUGE SYSTEM PART 25—ADMINISTRATIVE PROVISIONS Subpart A—Introduction Sec. 25.11 Purpose of regulations. 25.12 What do these terms mean? 25.13 Other applicable laws. Subpart B—Administrative Provisions 25.21 When and how do we open and close areas of the National Wildlife Refuge System to public access and use or con tinue a use? 25.22 Lost and found articles. 25.23 What are the general regulations and information collection requirements? Subpart C—Public Notice 25.31 General provisions. Subpart D—Permits 25.41 Who issues refuge permits? 25.42 Permits required to be exhibited on re quest. 25.43 Who may terminate or revoke a per mit and why? 25.44 How do we grant permits for easement area uses? 25.45 Appeals procedure. Subpart E—Fees and Charges 25.51 General provisions. 25.52 Designation. 25.53 Establishment of single visit entrance fees. 25.54 Posting and public notification. 25.55 Refuge admission permits. 25.56 Enforcement. 25.57 Exceptions and exemptions. Subpart F—Concessions 25.61 General provisions. Subpart G—Safety Regulations 25.71 Public safety. 25.72 Reporting of accidents. AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i, 3901 et seq.; and Pub. L. 102– 402, 106 Stat. 1961. SOURCE: 41 FR 9166, Mar. 3, 1976, unless oth erwise noted. Subpart A—Introduction § 25.11 Purpose of regulations. (a) The regulations in this sub chapter govern general administration of units of the National Wildlife Refuge System, public notice of changes in U.S. Fish and Wildlife Service policy regarding Refuge System units, issuance of permits required on Refuge System units and other administrative aspects involving the management of various units of the National Wildlife Refuge System. The regulations in this subchapter apply to areas of land and water held by the United States in fee title and to property interests in such land and water in less than fee, includ ing but not limited to easements. For areas held in less than fee, the regula tions in this subchapter apply only to the extent that the property interest held by the United States may be af fected. The regulations in this sub chapter also apply to and govern those areas of the Rocky Mountain Arsenal over which management responsibility has been transferred to the U.S. Fish and Wildlife Service under the Rocky Mountain Arsenal Act of 1992 (Pub. L. 102–402, 106 Stat. 1961), before their es tablishment as a refuge and inclusion in the National Wildlife Refuge Sys tem. (b) All national wildlife refuges are maintained for the primary purpose of developing a national program of wild life and ecological conservation and re habilitation. These refuges are estab lished for the restoration, preservation, development and management of wild life and wildlands habitat; for the pro tection and preservation of endangered or threatened species and their habitat; and for the management of wildlife and wildlands to obtain the maximum ben efits from these resources. [41 FR 9166, Mar. 3, 1976, as amended at 51 FR 7574, Mar. 5, 1986; 62 FR 47375, Sept. 9, 1997] § 25.12 What do these terms mean? (a) As used in the rules and regula tions in this subchapter: VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00249 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 240 50 CFR Ch. I (10–1–23 Edition) § 25.12 Authorized official means any Federal, State or local official empowered to en force provisions of this subchapter C. Big game means large game animals, including moose, elk, caribou, reindeer, musk ox, deer, bighorn sheep, moun tain goat, pronghorn, bear, and pec cary, or such species as the separate States may so classify within their boundaries. Compatibility determination means a written determination signed and dated by the Refuge Manager and Re gional Chief, signifying that a proposed or existing use of a national wildlife refuge is a compatible use or is not a compatible use. The Director makes this delegation through the Regional Director. Compatible use means a proposed or existing wildlife-dependent rec reational use or any other use of a na tional wildlife refuge that, based on sound professional judgment, will not materially interfere with or detract from the fulfillment of the National Wildlife Refuge System mission or the purpose(s) of the national wildlife ref uge. Comprehensive conservation plan means a document that describes the desired future conditions of a refuge or planning unit and provides long-range guidance and management direction to achieve the purposes of the refuge; helps fulfill the mission of the Refuge System; maintains and, where appro priate, restores the ecological integrity of each refuge and the Refuge System; helps achieve the goals of the National Wilderness Preservation System; and meets other mandates. Conservation, and Management mean to sustain and, where appropriate, re store and enhance, healthy populations of fish, wildlife, and plants utilizing, in accordance with applicable Federal and State laws, methods and procedures as sociated with modern scientific re source programs. Such methods and procedures include, consistent with the provisions of the National Wildlife Ref uge System Administration Act of 1966 (16 U.S.C. 668dd–668ee), protection, re search, census, law enforcement, habi tat management, propagation, live trapping and transplantation, and reg ulated taking. Coordination area means a wildlife management area made available to a State by cooperative agreement be tween the U.S. Fish and Wildlife Serv ice and a State agency having control over wildlife resources pursuant to sec tion 4 of the Fish and Wildlife Coordi nation Act (16 U.S.C. 664 or by long term leases or agreements pursuant to title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.). The States manage coordination areas but they are part of the National Wildlife Refuge System. The compatibility standard does not apply to coordina tion areas. Director means the Director, U.S. Fish and Wildlife Service or the au thorized representative of such official. Easement means a less than fee inter est in land or water acquired and ad ministered by the U.S. Fish and Wild life Service for the purpose of main taining fish and wildlife habitat. Fish, Wildlife, and Fish and wildlife mean any member of the animal king dom in a wild, unconfined state, wheth er alive or dead, including a part, prod uct, egg, or offspring of the member. Migratory bird means and refers to those species of birds listed under § 10.13 of this chapter. National wildlife refuge, and Refuge mean a designated area of land, water, or an interest in land or water located within the National Wildlife Refuge System but does not include coordina tion areas. National Wildlife Refuge System, and System mean all lands, waters, and in terests therein administered by the U.S. Fish and Wildlife Service as wild life refuges, wildlife ranges, wildlife management areas, waterfowl produc tion areas, coordination areas, and other areas for the protection and con servation of fish and wildlife including those that are threatened with extinc tion as determined in writing by the Director or so directed by Presidential or Secretarial order. The determina tion by the Director may not be dele gated. National Wildlife Refuge System mis sion, and System mission mean to admin ister a national network of lands and VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00250 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 241 U.S. Fish and Wildlife Serv., Interior § 25.12 waters for the conservation, manage ment, and where appropriate, restora tion of the fish, wildlife, and plant re sources and their habitats within the United States for the benefit of present and future generations of Americans. Nontoxic shot means steel shot or other shot approved pursuant to 50 CFR 20.134. Plant means any member of the plant kingdom in a wild, unconfined state, including any plant community, seed, root, or other part of a plant. Purpose(s) of the refuge means the purposes specified in or derived from the law, proclamation, executive order, agreement, public land order, donation document, or administrative memo randum establishing, authorizing, or expanding a national wildlife refuge, national wildlife refuge unit, or na tional wildlife refuge subunit. For ref uges that encompass Congressionally designated wilderness, the purposes of the Wilderness Act are additional pur poses of the wilderness portion of the refuge. Refuge management activity means an activity conducted by the Service or a Service-authorized agent to fulfill one or more purposes of the national wild life refuge, or the National Wildlife Refuge System mission. Service-au thorized agents include contractors, cooperating agencies, cooperating asso ciations, refuge support groups, and volunteers. Refuge management economic activity means a refuge management activity on a national wildlife refuge which re sults in generation of a commodity which is or can be sold for income or revenue or traded for goods or services. Examples include: Farming, grazing, haying, timber harvesting, and trap ping. Regional Chief means the official in charge of the National Wildlife Refuge System within a Region of the U.S. Fish and Wildlife Service or the au thorized representative of such official. Refuge Manager means the official di rectly in charge of a national wildlife refuge or the authorized representative of such official. In the case of a na tional wildlife refuge complex, this re fers to the official directly in charge of the complex. Refuge use, and Use of a refuge mean a recreational use (including refuge ac tions associated with a recreational use or other general public use), refuge management economic activity, or other use of a national wildlife refuge by the public or other non-National Wildlife Refuge System entity. Regional Director means the official in charge of a Region of the U.S. Fish and Wildlife Service or the authorized rep resentative of such official. Secretary means the Secretary of the Interior or the authorized representa tive of such official. Service, We, and Us mean the U.S. Fish and Wildlife Service, Department of the Interior. Sound professional judgment means a finding, determination, or decision that is consistent with principles of sound fish and wildlife management and administration, available science and resources, and adherence to the re quirements of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–668ee), and other applicable laws. Included in this find ing, determination, or decision is a ref uge manager’s field experience and knowledge of the particular refuge’s re sources. State, and United States mean one or more of the States of the United States, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the ter ritories and possessions of the United States. Waterfowl production area means any wetland or pothole area acquired pur suant to section 4(c) of the amended Migratory Bird Hunting Stamp Act (72 Stat. 487; 16 U.S.C. 718d(c)), owned or controlled by the United States and ad ministered by the U.S. Fish and Wild life Service as a part of the National Wildlife Refuge System. Wildlife-dependent recreational use, and Wildlife-dependent recreation mean a use of a national wildlife refuge involv ing hunting, fishing, wildlife observa tion and photography, or environ mental education and interpretation. The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–668ee), specifies that these are the six priority general public uses of the National Wildlife Refuge System. VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00251 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 242 50 CFR Ch. I (10–1–23 Edition) § 25.13 Wildlife management area means a general term used in describing a vari ety of areas that are managed for wild life purposes which may be included in the National Wildlife Refuge System. You means the public. (b) Unless otherwise stated the defi nitions found in 50 CFR 10.12 also apply to all of subchapter C of this title 50. [41 FR 9166, Mar. 3, 1976, as amended at 51 FR 7574, Mar. 5, 1986; 60 FR 62040, Dec. 4, 1995; 64 FR 14150, Mar. 24, 1999; 65 FR 62480, Oct. 18, 2000] § 25.13 Other applicable laws. Nothing in this subchapter shall be construed to relieve a person from any other applicable requirements imposed by a local ordinance or by a statute or regulation of any State or of the United States. Subpart B—Administrative Provisions § 25.21 When and how do we open and close areas of the National Wildlife Refuge System to public access and use or continue a use? (a) Except as provided below, all areas included in the National Wildlife Refuge System are closed to public ac cess until and unless we open the area for a use or uses in accordance with the National Wildlife Refuge System Ad ministration Act of 1966 (16 U.S.C. 668dd–668ee), the Refuge Recreation Act of 1962 (16 U.S.C. 460k–460k–4) and this subchapter C. See 50 CFR 36 for details on use and access restrictions, and the public participation and closure proc ess established for Alaska national wildlife refuges. We may open an area by regulation, individual permit, or public notice, in accordance with § 25.31 of this subchapter. (b) We may open a national wildlife refuge for any refuge use, or expand, renew, or extend an existing refuge use only after the Refuge Manager deter mines that it is a compatible use and not inconsistent with any applicable law. Lands subject to the patent re strictions imposed by Section 22(g) of the Alaska Native Claims Settlement Act are subject to the compatibility re quirements of Parts 25 and 26 of 50 CFR except as otherwise provided in para graph (b)(1) of this section. (1) We will complete compatibility determinations for uses of Alaska Na tive Claims Settlement Act 22(g) lands in compliance with the following re quirements: (i) Refuge managers will work with 22(g) landowners in implementation of these regulations. The landowners should contact the Refuge Manager in advance of initiating a use and request a compatibility determination. After a compatibility determination is re quested, refuge managers have no longer than ninety (90) days to com plete the compatibility determination and notify the landowner of the finding by providing a copy of the compat ibility determination or to inform the landowner of the specific reasons for delay. If a refuge manager believes that a finding of not compatible is likely, the Refuge Manager will notify the landowner prior to rendering a de cision to encourage dialog on how the proposed use might be modified to be compatible. (ii) Refuge managers will allow all uses proposed by 22(g) landowners when the Refuge Manager determines the use to be compatible with refuge purposes. (iii) Compatibility determinations will include only evaluations of how the proposed use would affect the abil ity of the refuge to meet its mandated purposes. The National Wildlife Refuge System mission will not be considered in the evaluation. Refuge purposes will include both pre-ANILCA purposes and those established by ANILCA, so long as they do not conflict. If conflicts arise, ANILCA purposes will take prec edence. (iv) A determination that a use is not compatible may be appealed by the landowner to the Regional Director. The appeal must be submitted in writ ing within forty-five (45) days of re ceipt of the determination. The appeals process provided for in 50 CFR 36.41(i) (3) through (5) will apply. (v) Compatibility determinations for proposed uses of 22(g) lands will only evaluate the effects of the use on the adjacent refuge lands, and the ability of that refuge to achieve its purposes, not on the effects of the proposed use to the 22(g) lands. (vi) Compatibility determinations for 22(g) lands that a use is compatible are VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00252 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 243 U.S. Fish and Wildlife Serv., Interior ยง 25.21 not subject to re-evaluation unless the use changes significantly, significant new information is made available that could affect the compatibility deter mination, or if requested by the land owner. (vii) Refuge comprehensive conserva tion plans will not include 22(g) lands, and compatibility determinations af fecting such lands will not to be auto matically re-evaluated when the plans are routinely updated. (viii) Refuge special use permits will not be required for compatible uses of 22(g) lands. Special conditions nec essary to ensure a proposed use is com patible may be included in the compat ibility determination and must be com plied with for the use to be considered compatible. (c) The Refuge Manager may tempo rarily allow or initiate any refuge use without making a compatibility deter mination if necessary to protect the health and safety of the public or any fish or wildlife population. (d) When we add lands to the Na tional Wildlife Refuge System, the Ref uge Manager will identify, prior to ac quisition, withdrawal, transfer, reclas sification, or donation of those lands, existing wildlife-dependent rec reational public uses (if any) deter mined to be compatible that we will permit to continue on an interim basis, pending completion of the comprehen sive conservation plan for the national wildlife refuge. We will make these compatibility determinations in ac cordance with procedures in ยง 26.41 of this subchapter. (e) In the event of a threat or emer gency endangering the health and safe ty of the public or property or to pro tect the resources of the area, the Ref uge Manager may close or curtail ref uge uses of all or any part of an opened area to public access and use in accord ance with the provisions in ยง 25.31, without advance notice. See 50 CFR 36.42 for procedures on closing Alaska national wildlife refuges. (f) We will re-evaluate compatibility determinations for existing wildlife-de pendent recreational uses when condi tions under which the use is permitted change significantly, or if there is sig nificant new information regarding the effects of the use, or concurrently with the preparation or revision of a com prehensive conservation plan, or at least every 15 years, whichever is ear lier. In addition, a refuge manager al ways may re-evaluate the compat ibility of a use at any time. (g) Except for uses specifically au thorized for a period longer than 10 years (such as right-of-ways), we will re-evaluate compatibility determina tions for all existing uses other than wildlife-dependent recreational uses when conditions under which the use is permitted change significantly, or if there is significant new information re garding the effects of the use, or at least every 10 years, whichever is ear lier. In addition, a refuge manager al ways may re-evaluate the compat ibility of a use at any time. (h) For uses in existence on Novem ber 17, 2000 that were specifically au thorized for a period longer than 10 years (such as right-of-ways), our com patibility re-evaluation will examine compliance with the terms and condi tions of the authorization, not the au thorization itself. We will frequently monitor and review the activity to en sure that the permittee carries out all permit terms and conditions. However, the Service will request modifications to the terms and conditions of these permits from the permittee if the Serv ice determines that such changes are necessary to ensure that the use re mains compatible. After November 17, 2000 no uses will be permitted or re-au thorized, for a period longer than 10 years, unless the terms and conditions for such long-term permits specifically allows for modifications to the terms and conditions, if necessary to ensure compatibility. We will make a new compatibility determination prior to extending or renewing such long-term uses at the expiration of the authoriza tion. When we prepare a compatibility determination for re-authorization of an existing right-of-way, we will base our analysis on the existing conditions with the use in place, not from a pre use perspective. (i) When we re-evaluate a use for compatibility, we will take a fresh look at the use and prepare a new com patibility determination following the procedure outlined in 50 CFR 26.41. [65 FR 62481, Oct. 18, 2000] VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00253 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 244 50 CFR Ch. I (10–1–23 Edition) § 25.22 § 25.22 Lost and found articles. Lost articles or money found on a na tional wildlife refuge are to be imme diately turned in to the nearest refuge office. § 25.23 What are the general regula tions and information collection re quirements? The Office of Management and Budg et has approved the information collec tion requirements contained in sub chapter C, parts 25, 26, 27, 29, 30, 31, 32, and 36 under 44 U.S.C. 3501 et seq. and assigned the following control num bers: 1018–0102 for National Wildlife Refuge Special Use Permit Applica tions and Reports; 1018–0140 for Hunt ing and Fishing Application Forms and Activity Reports for National Wildlife Refuges; and 1018–0153 for National Wildlife Refuge Visitor Check-In Per mit and Use Report. We collect infor mation to assist us in administering our programs in accordance with statu tory authorities that require that rec reational or other uses be compatible with the primary purposes for which the areas were established. Send com ments on any aspect of these forms or the information collection require ments to the Information Collection Clearance Officer, U.S. Fish and Wild life Service, 1849 C Street NW., MS 2042–PDM, Washington, DC 20240. [79 FR 14822, Mar. 17, 2014] Subpart C—Public Notice § 25.31 General provisions. Whenever a particular public access, use or recreational activity of any type whatsoever, not otherwise expressly permitted under this subchapter, is permitted on a national wildlife refuge or where public access, use, or rec reational or other activities previously permitted are curtailed, the public may be notified by any of the following methods, all of which supplement this subchapter C: (a) Official signs posted conspicu ously at appropriate intervals and loca tions; (b) Special regulations issued under the provisions of § 26.33 of this sub chapter C. (c) Maps available in the office of the refuge manager, regional director, or area director, or (d) Other appropriate methods which will give the public actual or construc tive notice of the permitted or cur tailed public access, use, or rec reational activity. Subpart D—Permits § 25.41 Who issues refuge permits? We authorize the refuge manager of the facility where an activity is to take place to issue permits required by this subchapter C unless the regula tions in this subchapter C require the applicant to obtain the applicable per mit from the Director or Secretary. In those situations, the refuge manager will so inform the applicant, giving the applicant all necessary information as to how and where to apply. [67 FR 58942, Sept. 18, 2002] § 25.42 Permits required to be exhib ited on request. Any person on a national wildlife ref uge shall upon request by any author ized official exhibit the required Fed eral or State permit or license author izing their presence and activity on the area and shall furnish such other infor mation for identification purposes as may be requested. § 25.43 Who may terminate or revoke a permit and why? The refuge manager may terminate or revoke a permit at any time for non compliance with the terms of the per mit or of the regulations in this sub chapter C; for nonuse; for violation of any law, regulation, or order applicable to the refuge; or to protect public health or safety or the resources of a national wildlife refuge. [67 FR 58943, Sept. 18, 2002] § 25.44 How do we grant permits for easement area uses? (a) The provisions of this subsection shall govern the regulation of activi ties that affect easement interests ac quired by the United States. All other provisions of subchapter C shall apply to activities within such easement areas, but only to the extent that those VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00254 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 245 U.S. Fish and Wildlife Serv., Interior § 25.45 provisions are directly or indirectly re lated to the protection of those ease ment interests expressly acquired by the United States which are specified in the easement agreement itself, and are not inconsistent with the provi sions of this subsection. (b) We require permits for use of easement areas administered by us where proposed activities may affect the property interest acquired by the United States. Applications for permits will be submitted in writing to the Re gional Director or a designee. We may grant special use permits to owners of servient estates, or to third parties with the owner’s agreement, by the Re gional Director or a designee, upon written determination that such per mitted use is compatible. If we ulti mately determine that the requested use will not affect the United States’ interest, the Regional Director will issue a letter of non-objection. (c) In instances where the third appli cant is a governmental entity which has acquired a partial interest in the servient estate by subsequent con demnation, a special use permit may be granted to the governmental entity without the servient estate owner’s agreement if the regional director or his or her designee determines: (1) The permitted use is compatible; and (2) The permitted use is consistent with the partial property interests ob tained through condemnation. (d) Regulations pertaining to rights of-way in easement areas are contained in 50 CFR part 29.21. [51 FR 7575, Mar. 5, 1986, as amended at 65 FR 62482, Oct. 18, 2000] § 25.45 Appeals procedure. (a) Who may appeal. Any person who is adversely affected by a refuge man ager’s decision or order relating to the person’s permit granted by the Service, or application for permit, within the National Wildlife Refuge System. This section does not apply to permits or applications for rights-of-way. See § 29.22 for the hearing and appeals pro cedure on rights-of-way. (b) Preliminary procedure. Prior to making any adverse decision or order on a permit or application for permit, the refuge manager shall notify the permittee or applicant orally or in writing of the proposed action and its effective date. The permittee or appli cant shall have twenty (20) 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 date. The permittee or applicant shall be notified in writing within twenty (20) days after receipt of the statement in opposition, of the ref uge manager’s final decision or order. (c) Appeals, how taken. If the refuge manager still intends to proceed with the proposed action, the permittee or applicant shall have thirty (30) days from the postmarked date of the refuge manager’s final decision or order in which to file a written appeal to the appropriate area manager. The appel lant (permittee or applicant) shall be notified in writing within thirty (30) days from the postmarked date of the appeal of the area manager’s decision. The appellant shall have (30) days from the postmarked date of the area man ager’s decision to further appeal in writing to the appropriate regional di rector. (d) Decision of regional director. The regional director’s decision shall be final and issued in writing to the appel lant within thirty (30) days from the postmarked date of the appeal. (e) Oral presentation. The appellant shall be provided an opportunity for oral presentation before the area man ager or the regional director within the respective thirty (30) day appeal peri ods. (f) Addresses. The addresses of the ap propriate officials to whom appeals may be taken shall be furnished in each decision or order. (g) Suspension pending appeal. Compli ance with any decision or order of a refuge manager shall not be suspended by reason of an appeal having been taken unless such suspension is author ized in writing by the area manager or regional director (depending upon the official before whom the appeal is pending), and then only upon a deter mination by these officials that such suspension will not be detrimental to the interests of the United States or upon submission and acceptance of a VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00255 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 246 50 CFR Ch. I (10–1–23 Edition) § 25.51 bond deemed adequate to indemnify the United States from loss or damage. [42 FR 64120, Dec. 22, 1977. Redesignated at 51 FR 7575, Mar. 5, 1986] Subpart E—Fees and Charges SOURCE: 52 FR 29860, Aug. 12, 1987, unless otherwise noted. § 25.51 General provisions. Reasonable charges and fees may be established for public recreational use of and, except in Alaska, entrance onto national wildlife refuges. Regulations regarding recreational use fees are con tained in 36 CFR part 71. Regulations regarding entrance fees are contained in this subpart E. § 25.52 Designation. To be designated as an ‘‘Entrance Fee Area’’, a unit of the National Wild life Refuge System must be found to demonstrate that: (a) The level of visitation for rec reational purposes is high enough to justify the collection of fees for admis sion permits for economic reasons; (b) There is a practical mechanism in existence for implementing and oper ating a system of collecting fees for ad mission permits; and (c) Imposition of a fee for admission permits is not likely to result in undue economic hardship for a significant number of visitors to the unit. § 25.53 Establishment of single visit entrance fees. Entrance fees established for single visit permits at a designated Entrance Fee Area shall consider the following criteria with regard to the local area within which the refuge is located: (a) The direct and indirect cost to the Government. (b) The benefits to the permit holder. (c) The public policy or interest served. (d) The comparable fees charged by non-Federal public agencies. (e) The economic and administrative feasibility of fee collection. § 25.54 Posting and public notification. The public shall be notified that an entrance fee is charged through refuge publications and posted designation signs in accordance with § 25.31 of this part. § 25.55 Refuge admission permits. (a) Unless otherwise provided, per sons entering an Entrance Fee Area shall obtain and be in possession of a valid admission permit. (b) The following five types of per mits allowing entrance onto an En trance Fee Area will be available for issue or purchase at such area and, ex cept for refuge-specific permits, at Fish and Wildlife Service Regional and Washington, DC Offices, and at other locations as may be designated. (1) Single visit permit with a charge not to exceed $3 per person or $7.50 per noncommercial vehicle (single visit can be defined as 1–15 days, dependent upon a determination of the period of time reasonably and ordinarily nec essary for such a visit at a particular refuge unit). (2) Golden Eagle Passport. (3) Golden Age Passport. (4) Golden Access Passport. (5) Federal Migratory Bird Hunting and Conservation (Duck) Stamp. To be valid, the Duck Stamp must be current and bear the signature of the holder on the front. § 25.56 Enforcement. Permits issued or used for entrance onto Entrance Fee Areas are non transferable. Failure to pay the en trance fee, to display upon request of an authorized official a valid permit, or to comply with other entrance fee pro visions, rules or regulations, will be subject to the penalties prescribed in 50 CFR 28.31. § 25.57 Exceptions and exemptions. At Entrance Fee Areas: (a) Special admission permits for uses, such as group activities, may be issued. (b) No entrance fee shall be charged for persons under 16 years of age. (c) No entrance fee shall be charged for travel by private noncommercial vehicle over any road or highway es tablished as part of the National Fed eral Aid System (defined in 23 U.S.C. 101), which is commonly used by the public as a means of travel between VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00256 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 247 U.S. Fish and Wildlife Serv., Interior § 26.11 two places which are outside the En trance Fee Area. (d) No entrance fee shall be charged for travel by private noncommercial vehicle over any road or highway to any land in which such person has a property interest if such land is within any Entrance Fee Area. (e) Persons accompanying the holder of a valid single visit permit, Federal Duck Stamp or Golden Eagle, Age, or Access Passport in a single, private, noncommercial vehicle shall be enti tled to general entrance. (f) Where entry is by any means other than single, private, noncommer cial vehicle, the spouse, children, or parents accompanying the holder of a valid single visit permit, Federal Duck Stamp or Golden Eagle, Age, or Access Passport shall be entitled to general entrance. Subpart F—Concessions § 25.61 General provisions. Public use facilities may be operated by concessionaires or cooperators under appropriate contact or legal agreement on national wildlife refuges where there is a demonstrated justified need for services or facilities including, but not limited to, boat rentals, swim ming facilities, conducted tours of spe cial natural attractions, shelters, ta bles, trailer lots, food, lodging, and re lated service. Subpart G—Safety Regulations § 25.71 Public safety. Persons using national wildlife ref uges shall comply with the safety re quirements which are established under the provisions of this subchapter C for each individual refuge and with any safety provisions which may be in cluded in leases, agreements, or use permits. § 25.72 Reporting of accidents. Accidents involving damage to prop erty, injury to the public or injury to wildlife that occur within the bound aries of any national wildlife refuge are to be reported as soon as possible, but in no event later than 24 hours after the accident, by the persons involved, to the refuge manager or other per sonnel on duty at the national wildlife refuge headquarters. This report does not relieve persons from the responsi bility of making any other accident re ports which may be required. PART 26—PUBLIC ENTRY AND USE Subpart A—Introduction Sec. 26.11 Purpose of regulations. Subpart B—Public Entry 26.21 General trespass provision. 26.22 General exception for entry. 26.23 Exception for entry to the head quarters office. 26.24 Exception for entry when accompanied by refuge personnel. 26.25 Exception for entry to persons with an economic use privilege. 26.26 Exception for entry for use of emer gency shelter. 26.27 Exception for entry on designated routes of travel. Subpart C—Public Use and Recreation 26.31 General provisions. 26.32 Recreational uses. 26.33 Special regulations. 26.34 What are the special regulations con cerning public access, use, and recreation for individual national wildlife refuges? 26.35 Cabin sites. 26.36 Public assemblies and meetings. 26.41 What is the process for determining if a use of a national wildlife refuge is a compatible use? AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd–668ee, and 715i; Pub. L. 96–315 (94 Stat. 958) and Pub. L. 98–146 (97 Stat. 955). SOURCE: 41 FR 9167, Mar. 3, 1976, unless oth erwise noted. Subpart A—Introduction § 26.11 Purpose of regulations. The regulations in this part govern the circumstances under which the public can enter and use a national wildlife refuge. VerDate Sep<11>2014 08:53 Feb 09, 2024 Jkt 259244 PO 00000 Frm 00257 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