RULES AND REGULATIONS
areas. Permits for economic use will the Department, shall be set at a rate
contain such terms and conditions as are commensurate with charges made for
determined to be necessary for the proper similar rights-of-way privileges by pri­
administration of the resources. Eco­ vate landowners in the vicinity.
nomic use in this section includes but is
Ob) Payment of fees may be either on
not limited to grazing livestock; harvest­ an annual rental basis or by lump sum
ing hay and stock feed; removing timber, payments covering specified periods.
firewood or other natural products of the
Subpart C— Mineral Operations
soil; removing shell, sand, or gravel;
cultivating areas; or engaging in opera­ § 2 9.31 M ineral ownerships in the United
tions that facilitate approved programs
States.
on wildlife refuge areas.
Where mineral rights to lands in wild­
§ 29.2 Cooperative land m anagem ent.
life refuge areas are vested in the United
Cooperative agreements with persons States, the provisions of 43 CFR 3103.2
for crop cultivation, haying, grazing, or and 3120.3-3 govern.
the harvest of vegetative products, in­ § 2 9 .3 2 M ineral rights reserved and ex­
cluding plantlife, growing with or with­
cepted.
out cultivation on wildlife refuge areas
Persons
holding mineral rights in
may be executed on a share-in-kind wildlife refuge
lands by reservation in
basis when such agreements are in aid of the conveyance to
the United States and
or benefit to the wildlife management of
persons holding mineral rights in such
the area.
lands which rights vested prior to the
§ 29.3 N onconform ing uses.
acquisition of the lands by the United
Uses of wildlife refuge area lands that States shall, to the greatest extent prac­
make no contribution to the primary ticable, conduct all exploration, develop­
objective of the program for any in­ ment, and production operations in such
dividual area or are in no way related to a manner as to prevent damage, erosion,
that objective are classed as noncon­ pollution, or contamination to the lands,
forming uses. Permission for such uses waters, facilities, and vegetation of the
will be granted only when it is in the area. So far as is practicable, such op­
erations must also be conducted without
public interest to do so.
interference with the operation of the
§ 29.4 [R eserved]
refuge or disturbance to the wildlife
thereon. Physical occupancy of the
§ 29.5 Fees.
Fees and charges for the grant of privi­ area must be kept to the minimum space
compatible with the conduct of efficient
leges on wildlife refuge areas and for the mineral
operations. Persons conducting
sale of products taken therefrom, where
not otherwise prescribed by law or regu­ mineral operations on refuge areas must
lation, shall be set at a rate commen­ comply with all applicable Federal and
surate with fees and charges for simila-r State laws and regulations for the pro­
privileges and products made by private tection of wildlife and the administra­
land owners in the vicinity or in accord­ tion of the area. Oil field brine, slag,
ance with their local value. Fees or rates and all other waste and contaminating
of charge for products and privileges substances must be kept in the smallest
may be based either on a monetary practicable area, must be confined so as
exchange or on a share in kind of the to prevent escape as a result of rains and
high water or otherwise, and must be re­
resource or product. ,
moved from the area as quickly as prac­
Subpart B— Rights-of-Way
ticable in such a manner as to prevent
contamination, pollution, damage, or in­
§ 29.21 Rights-of-way.
jury to the lands, waters, facilities, or
(a) Rights-of-way for various pur­ vegetation of the refuge or to wildlife.
poses on wildlife refuge areas are the Structures and equipment must be re­
subject of various Federal statutes and moved from the area when the need for
regulations, including provisions con­ them has ended. Upon the cessation of
tained in 43 CFR Part 244. Rights-of- operations the area shall be restored as
way on wildlife refuge lands may also be nearly as possible to its condition prior
granted by revocable permit where such to the commencement of operations.
rights-of-way will not interfere with the Nothing in this section shall be applied
operation of the refuge and are deemed so as to contravene or nullify rights
to be in the public interest.
vested in holders of mineral interests on
(b) Permits for rights-of-way shall refuge lands.
require of the permittee th at in the exercl?e tils privilege he will comply with
PART 30— RANGE AND FERAL
all applicable Federal laws and regula­
ANIMAL MANAGEMENT
tions and th at he will not interfere with
the development, maintenance, or man­
Subpart A— Range Animals
agement of the refuge. In addition, the Sec.
Permit may contain such special terms 30.1 Surplus range animals.
and conditions, not inconsistent with law 30.2 Disposition of surplus range animals.
or with other applicable regulations, as
Subpart B— Feral Animals
ma-y be deemed necessary by the Bureau
or the Bureau of Land Management.
30.11 Control of feral animals.
§ 29.22
Fees.
Charges for rights-of-way on
wuaiife refuge areas, where not pre­
scribed by law or by other regulations of
30.12 Disposition of feral animals.
Authority : The provisions of this Part 30
Issued under R.S. 161, as amended, sec. 2, 33
Stat. 614, as amended, sec. 5, 43 Stat. 651,
see. 5, 45 Stat. 449, sec. 10, 45 Stat. 1224, sec.
16027
4, 48 Stat. 402, as amended, sec. 2, 48 Stat.
1270; 5 U.S.C. 22, 16 U.S.C. 685, 725, 690d,
7151, 664, 43 tJ.S.C. 315a; 80 Stat. 926.
Subpart A— Range Animals
§ 30.1
Surplus range anim als.
Range animals on fenced wildlife ref­
uge areas, including buffalo, elk, and
longhorn cattle, determined to be sur­
plus to the needs of the conservation
program may be planned and scheduled
for disposal.
§ 30.2 D isposition o f surplus range ani­
m als.
Disposition shall be made only during
regularly scheduled disposal program pe­
riods, except in the event of emergency
conditions affecting the animals or their
range. Surplus range animals may be
disposed of subject to State and Federal
health laws and regulations and to the
following:
(a) Live animals may b e :.
(1) Sold on the open market.
(2) Donated to public agencies or in*stitutions th at are entirely tax supported,
for scientific, exhibition, or propagation
purposes.
(b) Butchered, dressed and processed
animals shall be sold on the open market.
Subpart B— Feral Animals
§ 3 0 .1 1
Control o f feral anim als.
(a) Feral animals, including horses,
burros, cattle, swine, sheep, goats, rein­
deer, dogs, and cats, without ownership
that have reverted to the wild from a
domestic state may be taken by author­
ized Federal or State personnel or by
private persons operating under permit
in accordance with applicable provisions
of Federal or State law or regulation.
§ 3 0 .1 2
D isposition o f feral anim als.
Feral animals taken on wildlife refuge
areas may be disposed of by sale on the
open market, gift or loan to public or
private institutions for exhibition or
propogation, and as otherwise provided
in section 401 of the Act of June 15, 1935
(49 Stat. 383, 16 U.S.C. 715s).
PART 31— WILDLIFE SPECIES
MANAGEMENT
Sec.
31.1
31.2
Subpart A— Surplus Wildlife
Determination of surplus wildlife
populations.
Methods of surplus wildlife popula­
tion control and disposal.
Subpart B— Terms and Conditions of Wildlife
Reduction and Disposal
31.11 Donation and loan of wildlife speci­
mens.
31.12 Sale of wildlife specimens.
31.13 Commercial harvest of fishery re­
sources.
31.14 Official animal control operations.
31.15 Public hunting and fishing programs.
31.16 Trapping programs.
31.17 Disposal of furs and pelts.
A u t h o r i t y : The provisions of this Part 31
issued under R.S. 161, as amended, sec. 2,
33 Stat. 614, as amended, sec. 5, 43 Stat. 651,
secs. 5, 10, 45 Stat. 449, 1224, secs. 4, 4, 2, 48
Stat. 402, as amended, 451, as amended, 1270,
sec. 4, 76 Stat. 654; 5 U.S.C. 22, 16 U.S.C.
FEDERAL REGISTER, VOL. 31, NO. 242— THURSDAY, DECEMBER 15, 1966
RULES AND REGULATIONS
16028
685, 725, 69Od, 715i, 664, 718(b), 43 U.S.C.
315a, 16 UJ3.C. 460k; 80 Stat. 926.
Subpart A— Surplus Wildlife
§ 31.1 D eterm ination o f surplus w ildlife
populations.
The populations and requirements of
wildlife species on wildlife refuge areas
shall be determined by population census,
habitat evaluation, and other means of
ecological study.
§ 31.2 Methods o f surplus w ildlife pop­
ulation control and disposal.
Upon a determination th at wildlife
are surplus to a balanced conservation
program on any wildlife refuge area, the
surplus may be reduced or utilized in
accordance with Federal and State law
and regulation by:
(a) Donation or loan to public agen­
cies and institutions.
(b) Sale to public or private agencies^
and institutions.
(c) Commercial harvest of fishery
resources.
(d) Official wildlife control operations.
(e) Public hunting or fishing.
(f) Trapping.
Subpart B— Terms and Conditions of
Wildlife Reduction and Disposal
§ 31.11 D onation and loan o f w ildlife
specim ens.
Wildlife specimens may be donated or
loaned to public institutions for purposes
of propagation or exhibit. All costs in­
curred shall be charged to the recipient.
Donation or loans of resident species of
wildlife will not be made unless the re­
cipient has secured the approval of the
State.
§ 31.12
Sale o f w ildlife specim ens.
Surplus wildlife specimens may be sold
alive or butchered, dressed and processed
subject to Federal and State laws and
regulations and the provisions of this
part.
§ 31.13 Commercial harvest o f fishery
resources.
Fishery resources of commercial im­
portance on wildlife refuge areas may
be taken under permit in accordance
with Federal and State law and regula­
tion.
§ 3 1 .1 4 Official anim al control opera­
tions.
(a) Animal species which are surplus
or detrimental to the management pro­
gram of a wildlife refuge area may be
taken in accordance with Federal and
State laws and regulations by Federal
or State personnel or by permit issued
to private individuals.
(b) Animal species which are damag­
ing or destroying Federal property with­
in a wildlife refuge area may be taken or
destroyed by Federal personnel.
§ 31.15 Public hunting and fishing pro­
grams.
The privilege of hunting and fishing
may be extended to the general public
under the provisions of regulations cited
in Parts 32 and 33 of this subchapter.
§ 3 1 .1 6
Trapping programs.
Persons trapping animals on wildlife
refuge areas where trapping has been
authorized shall secure and comply with
the provisions of a Federal permit issued
for th at purpose. This permit shall
specify the terms and conditions of trap­
ping activity and the rates of charge or
the division of pelts, hides, and carcasses.
The permittee also shall possess the re­
quired State license or permit and shall
comply with the provisions of State laws
and regulations.
§ 3 1 .1 7
Disposal o f furs and pelts.
tion has passed, or that the possibility of
these crops being damaged by waterfowl
is minor. Lands acquired as “waterfowl
production areas” shall annually be open
to the hunting of migratory game birds,
upland game, and big-game subject to
the provisions of State law and regula­
tions and the pertinent provisions of
Parts 25 through 31 of this subchapter:
Provided, That all forms of hunting or
entry on all or any part of individual
areas may be temporarily suspended by
posting upon occasions of unusual or
critical conditions of, or affecting land,
water, vegetation, or wildlife populations.
The disposition of animals and the § 32.2 General provisions.
pelts or carcasses thereof accruing to the
The following provisions shall apply to
United States through the trapping pro­ each
person while engaged in public
grams shall be sold by public auction or hunting
on a wildlife refuge area:
on the open market unless required for
(a) Each person shall secure and pos­
official purposes.
sess the required State license.
(b) Each)person 16 years of age and
older shall secure and possess a Migra­
PART 32— HUNTING
tory Bird Hunting Stamp while hunting
migratory waterfowl.
Subpart A— General Provisions
(c) Each person shall comply with the
Sec.
32.1 Opening of wildlife refuge areas to applicable provisions of Federal law and
hunting.
regulations including this subchapter
32.2 General provisions.
and the current Federal Migratory Bird
32.3 Procedure for publication of special Regulations.
regulations.
(d) Each person shall comply with the
Subpart B— Migratory Game Bird Hunting
applicable provisions of the laws and
32.11 List of open areas; migratory game regulations of the State wherein any
area is located unless further restricted
birds.
32.12 Special regulations; migratory game by Federal law or regulation.
birds; for individual wildlife refuge
(e) Each person shall comply with the
areas.
terms and conditions authorizing access
or use of the wildlife refuge areas.
Subpart C— Resident Game Hunting
(f) Each person shall comply with the
32.21 List of open areas; upland game.
32.22 Special regulations; upland game; for provisions of any special regulations
governing hunting on the wildlife refuge
individual wildlife refuge areas.
area. Such special regulations will be
32.31 List of open areas; big game.
32.32 Special regulations; big game; for in­ published in the F ederal R egister and
dividual wildlife refuge areas.
will be available at the headquarters of
Au th o rity : The provisions of this Part 32 the wildlife refuge area to which they
issued under R.S. 161, as amended, sec. 2, relate. The special regulations in effect
33 Stat. 614, as amended, sec. 5, 43 Stat. 651, may be had upon request to the Director.
secs. 5, 10, 45 Stat. 449, 1224, secs. 4, 4, 2, 48 A reference to special regulations gov­
Stat. 402, as amended, 451, as amended, 1270, erning hunting on wildlife refuge areas
sec. 4, 76 Stat. 654; 5 U.S.C. 22, 16 U.S.C. 685, will be made in §§ 32.12, 32.22, and 32.32,
725, 690d, 7151, 664, 718d, 43 U.S.C. 315a,
but these special regulations will not be
16 U.S.C. 460k; 80 Stat. 926.
set forth in their entirety in the Code of
Subpart A— General Provisions
Federal Regulations.
§ 32.1 O pening o f w ildlife refu ge areas
to hunting.
§ 32.3 Procedure fo r
special regulations.
The opening of a wildlife refuge area
to hunting will be dependent upon the
provisions of law applicable to the area
and upon a determination by the Sècretary th at the opening of the area to the
hunting of migratory game birds, up­
land game, or big game will be compat­
ible with the principles of sound wildlife
management and will otherwise be in
the public interest. The opening or
closing of wildlife refuge areas'to hunt­
ing shall be in accordance with the
rulemaking requirements of the Admin­
istrative Procedure Act (5 U.S.C. 1001101Î). Lands acquired pursuant to the
Act of May 18, 1948 (62 Stat. 238, 16
U.S.C. 695) will be opened to hunting
only after it has been determined that
the major portion of the crops in the
vicinity of the area involved have been
harvested, th at the period of suscepti­
bility of such crops to wildfowl depreda­
(a) Special hunting regulations are
issued only after determination and pub­
lication of the opening of an area to
hunting for migratory game birds, up­
land game, or big-game animals.
(b) Special hunting regulations are
issued only after the announcement of
applicable annual State and Federal
hunting regulations.
(c) Special hunting regulations may
contain the following items:
(1) Wildlife species which may be
hunted.
(2) Seasons.
(3) Bag limits.
(4) Methods of hunting.
(5) Description of areas open to
hunting.
(6) Other provisions as required.
(d) Special hunting regulations will
not liberalize existing State laws or
regulations.
FEDERAL REGISTER, VOL. 31, NO. 242—THURSDAY, DECEMBER 15, 1966
publication
of