[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: 50CFR36.32]

[Page 384]
 
                    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 D_Other Refuge Uses
 
Sec. 36.32  Taking of fish and wildlife.

    (a) The taking of fish and wildlife for sport hunting, trapping and 
sport fishing is authorized in accordance with applicable State and 
Federal law and such laws are hereby adopted and made a part of these 
regulations; Provided however, That the Refuge Manager, pursuant to 
Sec. 36.42, may designate areas where, and establish periods when, no 
taking of a particular population of fish or wildlife shall be 
permitted.
    (b) The exercise of valid commercial fishing rights or privileges 
obtained pursuant to existing law, including any use of refuge areas for 
campsites, cabins, motorized vehicles and aircraft landing directly 
incident to the exercise of such rights or privileges, is authorized; 
Provided, however, That the Refuge Manager may restrict or prohibit the 
exercise of these rights or privileges or uses of federally owned lands 
directly incident to such exercise if he determines, after conducting a 
public hearing in the affected locality, that they are inconsistent with 
the purposes of the refuge and that they constitute a significant 
expansion of commercial fishing activities within such refuge beyond the 
level of such activities in 1979.
    (c) The following provisions shall apply to any person while engaged 
in the taking of fish and wildlife within an Alaska National Wildlife 
Refuge:
    (1) Trapping and sport hunting. (i) Each person shall secure and 
possess all required State licenses and shall comply with the applicable 
provisions of State law unless further restricted by Federal law;
    (ii) Each person shall comply with the applicable provisions of 
Federal law;
    (iii) In addition to the requirements of paragraphs (a) and (b) of 
this section, each person shall continue to secure a trapping permit 
from the appropriate Refuge Manager prior to trapping on the Kenai, 
Izembek and Kodiak Refuges and the Aleutian Islands Unit of the Alaska 
Maritime Refuge.
    (iv) It shall be unlawful for a person having been airborne to use a 
firearm or any other weapon to take or assist in taking a wolf or 
wolverine until after 3:00 a.m. on the day following the day in which 
the flying occurred, except that a trapper may use a firearm or any 
other weapon to dispatch a legally caught wolf or wolverine in a trap or 
snare on the same day in which the flying occurred. This prohibition 
does not apply to flights on regularly scheduled commercial airlines 
between regularly maintained public airports.
    (2) Sport and commercial fishing. (i) Each person shall secure and 
possess all required State licenses and shall comply with the applicable 
provisions of State law unless further restricted by Federal law;
    (ii) Each person shall comply with the applicable provisions of 
Federal law.
    (d) Nothing in this section shall apply to the taking of fish and 
wildlife for subsistence uses.
    (e) Nothing in these rules shall be interpreted as waiving the 
requirements of other fish and wildlife conservation statutes such as 
the Airborne Hunting Act or those provisions of subchapter C of title 50 
CFR regarding the taking of depredating wildlife. Animal control 
programs shall only be conducted in accordance with a special use permit 
issued by the Refuge Manager.

[46 FR 31827, June 17, 1981, as amended at 59 FR 39412, Aug. 2, 1994]

[[Page 385]]