[Code of Federal Regulations]
[Title 50, Volume 5]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR36.12]

[Page 381-382]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                          INTERIOR--(Continued)
 
PART 36_ALASKA NATIONAL WILDLIFE REFUGES--Table of Contents
 
                       Subpart B_Subsistence Uses
 
Sec. 36.12  Use of snowmobiles, motorboats, dog teams and other means 

of surface transportation traditionally employed by local rural residents 
engaged in 
          subsistence uses.

    (a) Notwithstanding any other provision 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 subsistence uses is permitted within Alaska National Wildlife 
Refuges except at those times and in those areas restricted or closed by 
the Refuge Manager.
    (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, subsistence uses, conservation of endangered or threatened 
species, or other purposes 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, restrictions or 
closures shall not exceed sixty (60) days and shall not be extended 
unless the Refuge Manager establishes, after notice and public hearing 
in the affected vicinity and other locations as appropriate, that such 
extension is justified according to the factors set forth in paragraph 
(b) of this section. Notice of the proposed or emergency restrictions or 
closures and the reasons therefor 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 proposed or 
emergency actions shall also be made available for

[[Page 382]]

broadcast on local radio stations in a manner reasonably calculated to 
inform local rural residents in the affected vicinity. All restrictions 
and 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 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 subsistence 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 subpart C of this part.