[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.40]

[Page 198-199]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 13_NATIONAL PARK SYSTEM UNITS IN ALASKA--Table of Contents
 
                      Subpart B_General Provisions
 
Sec.  13.40  Taking of fish and wildlife.

    (a) [Reserved]
    (b) Fishing. Fishing is permitted in all park areas in accordance 
with applicable State and Federal law, and such laws are hereby adopted 
and made a part of these regulations to the extent they are not 
inconsistent with Sec.  2.3 of this chapter.
    (c) Commercial fishing. The exercise of valid commercial fishing 
rights or privileges obtained prior to December 2, 1980, pursuant to 
existing law in Cape Krusenstern National Monument, the Malaspina 
Glacier Forelands area of the Wrangell-St. Elias National Preserve, and 
the Dry Bay area of Glacier Bay National Preserve, including the use of 
these park areas for existing campsites, cabins and other structures, 
motorized vehicles, and aircraft landings on existing airstrips, may 
continue provided that all such use is directly incident to the exercise 
of those rights or privileges.
    (1) Restrictions. The Superintendent may restrict or revoke the 
exercise of a valid commercial fishing right or privilege based upon 
specific findings, following public notice and an opportunity for 
response, that continuation of such use of a park area constitutes a 
direct threat to or significant impairment of the values and purposes 
for which the park area was established.
    (2) Expansion of uses. (i) A person holding a valid commercial 
fishing right or privilege may expand his or her level of use of a park 
area beyond the level of such use in 1979 only pursuant to the terms of 
a permit issued by the Superintendent.
    (ii) The Superintendent may deny a permit or otherwise restrict the 
expanded use of a park area directly incident to the exercise of such 
rights or privileges, if the Superintendent determines, after conducting 
a public hearing in the affected locality, that the expanded use 
constitutes either:
    (A) A significant expansion of the use of a park area beyond the 
level of such use during 1979 (taking into consideration the relative 
levels of use in the general vicinity, as well as the applicant's levels 
of use); or
    (B) A direct threat to, or significant impairment of, the values and 
purposes for which the park area was established.
    (d) Hunting and trapping. (1) Hunting and trapping are allowed in 
national preserves in accordance with applicable Federal and non-
conflicting State law and regulations.
    (2) Violating a provision of either Federal or non-conflicting State 
law or regulation is prohibited.
    (3) Engaging in trapping activities as the employee of another 
person is prohibited.
    (4) It shall be unlawful for a person having been airborne to use a 
firearm or any other weapon to take or assist in taking any species of 
bear, caribou, Sitka black-tailed deer, elk, coyote, arctic and red fox, 
mountain goat, moose, Dall sheep, lynx, bison, musk ox, wolf and 
wolverine until after 3 a.m. on the day following the day in which the 
flying occurred. This prohibition does not apply to flights on regularly 
scheduled commercial airlines between regularly maintained public 
airports.
    (5) Persons transporting wildlife through park areas must identify 
themselves and the location where the wildlife was taken when requested 
by an NPS employee or other authorized person.

[[Page 199]]

    (e) Closures and restrictions. The Superintendent may prohibit or 
restrict the non-subsistence taking of fish or wildlife in accordance 
with the provisions of Sec.  13.50 of this chapter. Except in emergency 
conditions, such restrictions shall take effect only after the 
Superintendent has consulted with the appropriate State agency having 
responsibility over fishing, hunting, or trapping and representatives of 
affected users.