[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: 50CFR36.42]

[Page 402-403]
 
                    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 F_Permits and Public Participation and Closure Procedures
 
Sec. 36.42  Public participation and closure procedures.

    (a) Authority. The Refuge Manager may close an area or restrict an 
activity 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 public health and safety, resource protection, 
protection of cultural or scientific values, subsistence uses, 
endangered or threatened species conservation, and other management 
considerations necessary to ensure that the activity 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 nonmotorized surface transportation shall be made after notice and 
hearing;
    (2) Emergency closures or restrictions relating to the taking of 
fish and wildlife shall be accompanied by notice with a subsequent 
hearing;

[[Page 403]]

    (3) Other emergency closures or restrictions shall become effective 
upon notice as prescribed in Sec. 36.42(f); and
    (4) No emergency closure or restriction 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 nonmotorized 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 Sec. 36.42(f);
    (3) Temporary closures or restrictions 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 and other locations as appropriate, and after 
publication in the Federal Register.
    (f) Notice. Emergency, temporary or permanent closures or 
restrictions shall be: (1) Published in at least one newspaper of 
general circulation in the State and in at least one local newspaper if 
available, posted at community post offices within the vicinity 
affected, made available for broadcast on local radio stations in a 
manner reasonably 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 
convenient to the public; or
    (2) Designated by the posting of appropriate signs; or
    (3) Both.
    (g) Openings. In determining whether to open an area to public use 
or activity otherwise prohibited, the Refuge Manager shall provide 
notice in the Federal Register and shall, upon request, hold a hearing 
in the affected vicinity and other location, as appropriate prior to 
making a final determination.
    (h) Except as otherwise specifically permitted under the provision 
of this part, entry into closed areas or failure to abide by 
restrictions established under this section is prohibited.

  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*
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    *These indicated units were previously existing 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.
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