[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: 50CFR36.15]

[Page 382-383]
 
                    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. 36.15  Subsistence uses of timber and plant material.

    (a) Notwithstanding any other provision of this part, the 
noncommercial cutting of live standing timber by local rural residents 
for appropriate subsistence uses, such as firewood or house logs, may be 
permitted in Alaska National Wildlife Refuges as follows:
    (1) For live standing timber greater than six inches diameter at 
breast height (4\1/2\ feet above ground level), the Refuge Manager may 
allow cutting in accordance with the specifications of a special use 
permit if such cutting is determined to be compatible with the purposes 
for which the refuge was established;
    (2) For live standing timber between three and six inches diameter 
at breast height, cutting is allowed on the Arctic National Wildlife 
Refuge south of latitude 68 degrees North and on the Innoko, Kanuti, 
Koyukuk, Nowitna, Selawik, Tetlin, and Yukon Flats National Wildlife 
Refuges unless restricted by the Refuge Manager, except that no more 
than 20 trees may be cut annually by an individual without a special use 
permit, no cutting may be done within 50 feet of a stream, lake, or 
river and no more than one tree in five (20%) may be cut in any specific 
stand; on the remainder of the Arctic National Wildlife Refuge and on 
all other Alaska National Wildlife Refuges, the Refuge Manager may allow 
cutting in accordance with the specifications of a special use permit if 
such cutting is determined to be compatible with the purposes for which 
the refuge was established;
    (3) For live standing timber less than three inches diameter at 
breast height, cutting is allowed unless restricted by the Refuge 
Manager.
    (b) The noncommercial gathering by local rural residents of fruits, 
berries, mushrooms, and other plant materials for subsistence uses, and 
the noncommercial gathering of dead or downed timber for firewood, shall 
be allowed without a permit.
    (c)(1) Notwithstanding any other provision of this part, the Refuge 
Manager, after notice and public hearing in the affected vicinity and 
other locations as appropriate, may temporarily close all or any portion 
of an Alaska

[[Page 383]]

National Wildlife Refuge to subsistence uses of a particular plant 
population only if necessary for reasons of public safety, 
administration, or to assure the continued viability of such population. 
For purposes of this section, the term ``temporary'' shall mean only as 
long as reasonably necessary to achieve the purpose of the closure.
    (2) If the Refuge Manager determines that an emergency situation 
exists and that extraordinary measures must be taken for public safety 
or to assure the continued viability of a particular plant population, 
the Refuge Manager may immediately close all or any portion of an Alaska 
National Wildlife Refuge to the subsistence uses of such population. 
Such emergency closure shall be effective when made, shall be for a 
period not to exceed sixty (60) days, and may not subsequently be 
extended unless the Refuge Manager establishes, after notice and public 
hearing in the affected vicinity and other locations as appropriate, 
that such closure should be extended.
    (3) Notice of administrative actions taken pursuant to this section, 
and the reasons justifying such actions, 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 actions and 
reasons therefor also shall be made available for broadcast on local 
radio stations in a manner reasonably calculated to inform local rural 
residents in the affected vicinity. All 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, or by 
the posting of signs in the vicinity of the restrictions, or both.

[46 FR 31827, June 17, 1981, as amended at 51 FR 44793, Dec. 12, 1986]