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licensee must also upon request of the officer in charge exhibit for inspection all birds killed by him or in his possession. Failure to comply with any of the conditions, restrictions, or requirements of the regulations in this section will be sufficient cause for removing such person from the refuge and for refusing him further hunting privileges on the refuge. (b) Disorderly conduct; intoxication. No person who is visibly intoxicated will be permitted to enter upon the refuge for the purpose of hunting, and any person who indulges in any disorderly conduct on the refuge will be removed therefrom by the officer in charge and dealt with as prescribed by law.

(c) Hunting dogs. Each person hunting on the public shooting ground will be permitted to take his hunting dogs, not to exceed two in number, upon such area for the purpose of retrieving dead or wounded birds, but such dogs shall not be permitted to run at large on the public shooting ground or elsewhere on the refuge.

Lake, that part of Rush Lake east of the big game fence, Little Medicine Creek within the refuge boundary, and that part of Elmer Thomas Lake situated within the refuge boundary was suspended during the year 1940 by Order, Chief, Biological Survey, May 29, 1940; 5 F.R. 2140.

PART 24-WEST CENTRAL REGION
NATIONAL WILDLIFE REFUGES

UPPER MISSISSIPPI RIVER REFUGE

§ 24.919a Upper Mississippi River Wildlife and Fish Refuge; hunting waterfowl, coots and snipes.

MINNESOTA: HOUSTON COUNTY

Area Number 5. All the lands and waters

lying and being in fractional Section 30, T. and 26 in T. 104 N., R. 4 W., 5th P. M., which 104 N., R. 3 W., and Sections 13, 14, 23, 24, 25, are enclosed by the following definite boundaries: Beginning at the point where the east-west center line of Section 13, T. 104 N., R. 4 W., intersects West Channel, thence west along said line through Sections 13 and 14 to the west line of said Section 14, thence south along the west line of said Section 14 to the southwest corner of the NW1⁄41⁄4SW1⁄4 of said Section 14; thence east along the south

(d) Entry upon refuge; firearms. Persons entering the refuge for the pur-line of said NWSW to the southeast pose of hunting shall use such established routes of travel as may be designated by suitable posting by the officer in charge and shall not otherwise enter upon the refuge. The carrying or being in possession of rifled firearms or the use of single-ball or slug-load shotgun shells on the refuge is prohibited.

(e) Fires and camping. The lighting of fires for any purpose or camping on any area of the refuge except under permit is prohibited, and special care must be taken to prevent lighted matches, cigars, or cigarettes, or pipe ashes from being dropped in grass or other inflammable material. (Sec. 84, as amended by 43 Stat. 98, sec. 10, 45 Stat. 1224; 18 U.S.C. 145, 16 U.S.C. 715i, and Reorganization Plan No. II, 53 Stat. 1433; 3 CFR, 1939 Supp., p. 256, and § 12.9) [As amended, 5 F.R. 3950, 4052]

[blocks in formation]

corner thereof; thence south through Sec-
of the NE4NW4 Section 26, T. 104 N., R. 4
tions 14, 23, and 26 to the southwest corner
w., thence east through the said Section 26
and Section 25 to Broken Arrow Slough,
thence southeasterly along the eastern bank
thence northwesterly and northerly along the
of the said Slough to the Mississippi River;
west bank of the said Mississippi River to
West Channel; thence northerly along the
west bank of West Channel to the place of
beginning; excepting the tract of land in the
SESE of Section 14, T. 104 N., R. 4 W.,
described as follows: Beginning at the south-
the east line of the said Section 14 approxi-
east corner of Section 14, thence north along
mately 100 feet; thence west approximately
20 chains to the west line of the ESE
Section 14; thence south to the south line of
the said Section 14; thence east along the
said south line to the place of beginning.
[As amended Sept. 10, 1940; 5 F.R. 3813]

MINNESOTA: WINONA COUNTY

Area Number 17. All the lands and waters lying and being in Sections 30 and 31, T. 108 N., R. 7 W., 5th P. M., Section 1, T. 107 N., R. 8 W., and Sections 25, 26, 35, and 36, T. 108 N., R. 8 W., which are enclosed by the following definite boundaries: Beginning at the point where the south line of Section 31. T. 108 N., R. 7 W., intersects the Mississippi River, thence west along said line to Star White Slough, thence northwesterly along the north and east bank of Star White, Straight, and Dark Sloughs to the Mississippi River.

thence southeasterly along the south and west bank of the Mississippi River to the place of beginning; excepting therefrom the W1⁄2 of Lot 3, Section 25, T. 108 N., R. 8 W. [As added Sept. 10, 1940; 5 F.R. 38131 [Preceding paragraph superseded by following paragraph during period covered by this Supplement]

Area Number 17. All the lands and waters lying and being in Sections 30 and 31, T. 108 N., R. 7 W., and Sections 25, 26, 35, and 36, T. 108 N., R. 8 W., which are enclosed by the following definite boundaries: Beginning at the point where the east-west center line of Section 31, T. 108 N., R. 7 W., intersects the Mississippi River, thence west along the said line through said Section 31 and through Sections 36 and 35, T. 108 N., R. 8 W., to Straight Slough, thence northwesterly along the north and east bank of Straight and Dark Sloughs to the Mississippi River, thence easterly and southeasterly along the south and west bank of the Mississippi River to the place of beginning.

(Sec. 3, 43 Stat. 650; 16 U.S.C. 723, and Reorganization Plan No. II, 53 Stat. 1433; 3 CFR, 1939 Supp., p. 256) [As amended Sept. 27, 1940; 5 F.R. 4065]

§ 24.919c Upper Mississippi River Wildlife and Fish Refuge; trapping of muskrats. In accordance with § 24.919 (a) for the administration of the Upper Mississippi River Wildlife and Fish Refuge, the trapping of muskrats in Minnesota under permits of the superintendent of the refuge is permitted during the 1940 open season prescribed therefor by State law or regulation, in manner, by means, and to the extent not prohibited by State law or regulation or by the laws or regulations governing the refuge, on all lands of the refuge in Minnesota, except within the migratory waterfowl closed areas defined in § 24.919a, subject to the following special provisions, conditions, restrictions, and requirements.

(1) Trapping permits. Any person exercising the privilege of trapping within the refuge shall be in possession of a valid trapping license issued by the State of Minnesota, if such license is required, and must possess a valid trapping permit issued by the superintendent of the refuge. He shall carry such license and permit on his person while trapping, and when requested to do so, shall exhibit them to any State or Federal warden authorized to enforce the game and fish laws of the State and of the United States. The superintendent of the refuge may issue permits for the trapping of muskrats as herein authorized to qualified persons. Each applicant for a trapping permit must have been for the period of 6 months last past a bona fide resident within or in the vicinity of the refuge, and upon application he shall exhibit to the superintendent or his representative a valid trapping license of the State of Minnesota and shall make a sworn statement as to his period of residence in the civil township, village, or city in which

he claims residence.

(2) Limitations on trapping methods. Muskrats may be taken on the refuge only with ordinary spring steel traps not larger than No. 11⁄2 or with other traps the use of which is approved by the superintendent or his authorized representative. Each permittee shall visit and inspect each of his traps within the refuge at least once every 24 hours and shall at the close of the trapping season, take up and remove all his traps from the refuge. Permittees may not cut on the refuge any growth except willows for use as trap stakes or drags.

(3) Prohibited methods and acts. The possession or use within the boundaries of the refuge of a muskrat spear or any other similar device by means of which muskrats may be speared, or of any trap or device that does not comply with the requirements of this section, is prohibited, and any such illegal traps and illegal devices found on the refuge may be seized by the superintendent or his representative. No person shall hunt muskrats with a gun or with the aid of a dog, or disturb or molest any muskrat house, beaver house, or beaver dam, or set a trap within 3 feet of any muskrat house or feeding house or within 100 feet of any beaver house or beaver dam. No person shall run a trap line or visit traps between sunset and one-half hour before sunrise. Birds

and mammals other than muskrats found
(4) Trapped birds and mammals.
alive in the traps of the permittee shall be
immediately liberated. Birds and mammals
injured in the traps shall be immediately
other than muskrats found dead or mortally
turned over to the superintendent or his
representative.

(5) Termination of trapping permits. Whenever it shall appear advisable for the proper conservation of fur resources and the administration of the refuge, trapping on the entire refuge or on any part thereof may be terminated 3 days after notice thereof has been published in the FEDERAL REGISTER. Thereupon all outstanding permits for trapping muskrats on the area or areas affected shall become null and void.

(6) Reports required. Each permittee not later than 30 days after the close of the open trapping season shall submit to the superintendent a report in which are correctly stated the total number of muskrats taken in each county on the refuge under permit during the season, the name and address of each person or firm to whom the pelts thereof were disposed of, and the number of pelts disposed of to each such person or firm.

(7) Penalties. Failure of a permittee to comply with any of the above provisions or the violation by him of any of the regulations issued under authority of the Act of June 7, 1924, 43 Stat. 651; 16 U.S.C. 726, establishing said refuge, or of any State law or regulation applicable to trapping on said refuge, not only shall render him subject to prosecution under said laws and regulations, but shall be sufficient cause for refusal of a permit to him for trapping muskrats on said refuge during the open trapping season next following or for any other use or privilege on the refuge for which a permit may be required by regulation. (43 Stat. 651; 16

U.SC. 726, and Reorganization Plan No. II, 53 Stat. 1433; 3 CFR 1939 Supp., p. 256) [As amended March 9, 1940; 5 F.R. 1067]

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

trapping license of such State and shall make a sworn statement concerning his period of residence in the civil township, village, or city in which he claims residence.

(3) Provisions of permit; suspension of trapping. Each permit shall state the period during which trapping thereunder may be performed and the maximum number of traps that may be used, and shall reserve the right of the Director of the Fish and Wildlife Service to sus

§ 24.919c Upper Mississippi River Wildlife and Fish Refuge; trapping of muskrats and minks. Until further notice muskrats and minks may be taken under permit on and in such lands and waters of the Upper Mississippi River Wildlife and Fish Refuge in Illinois, Iowa, Minnesota, and Wisconsin as the Direc-pend trapping thereunder upon 3 days' tor of the Fish and Wildlife Service shall determine to open to trapping under the supervision of the superintendent of said refuge during the periods determined by the Director to be commensurate with the best interests of wildlife management | on the refuge and with the conservation of fur resources in the respective States when, in manner, by means, and to the extent not prohibited by State laws or regulations and subject to the following special provisions, conditions, restrictions, and requirements:

notice through the superintendent, should the Director determine that continued trapping would be detrimental to refuge or wildlife interests. Thereupon all outstanding permits for trapping muskrats and minks on the area or areas affected shall become null and void.

(4) Trap tags and fees; limitations. Each permittee authorized to trap within the Upper Mississippi River Wildlife and Fish Refuge will be required to obtain from the superintendent of the refuge or his authorized representative an appropriate tag for each trap used on said refuge, which tag shall be securely attached to the trap in a manner that will permit of convenient examination. A fee of 10 cents will be charged for each tag furnished by the superintendent or his representative, and no one per

original tags. No refund will be made for any unused tag. Upon satisfactory proof that an original tag has been lost or stolen through no fault of the per

(a) Trapping permits—(1) Possession. Any person exercising the privilege of trapping within the refuge shall be in possession of a valid trapping license issued by the State in which trapping is to be done, if such license is required, and must possess a valid trapping permit issued by the superintendent of the ref-mittee shall be issued more than 50 such uge. He shall carry such license and permit on his person while trapping, and when requested to do so, shall exhibit his license and permit to any State warden or to any officer or employee of the De-mittee, the superintendent may issue a partment of the Interior authorized to enforce the game and fish laws of the respective States and of the United States. The superintendent of the refuge may issue the permits for the trapping of muskrats and minks as herein authorized to qualified persons, but no person shall be eligible to receive more than one such permit for any one trapping season.

duplicate tag upon payment by the permittee of a fee of 10 cents.

(b) Approved traps; trap inspection and removal; plant life protected. Muskrats and/or minks may be taken on the refuge only with ordinary spring steel traps not larger than No. 11⁄2 or with other traps the use of which is approved by the superintendent or his authorized representative. Each permittee (2) Verified statement of residence; shall visit and inspect each of his traps State trapping license. Each applicant within the refuge at least once every for a trapping permit must have been for 24 hours but only between one-half the period of 6 months last past a bona hour before sunrise and sunset, and fide resident within or in the vicinity of shall at the close of the trapping season the refuge, as well as of the State in take up and remove all his traps from which he proposes to trap, and upon the refuge. Permittees may not cut on application he shall exhibit to the super- the refuge any growth except willows intendent or his representative a valid for use as trap stakes or drags.

(c) Prohibited methods and acts. The | Sup., 715s, and Reorganization Plan No. possession or use within the boundaries II, 53 Stat. 1433; 3 CFR, 1939 Supp., p. of the refuge of a muskrat spear or any 256) [As amended, Nov. 30, 1940; 5 F.R. other similar device that does not com- 4864]

ply with the requirements of this section or of any untagged trap is prohibited, and any untagged or illegal traps or other illegal devices found on the refuge may be seized by the superintendent or his representative. No person shall hunt muskrats and/or minks with a gun or with the aid of a dog, or disturb or molest any mink den, muskrat house, beaver house, or beaver dam, or set a trap within 3 feet of any muskrat house or feeding house or within 100 feet of any beaver house or beaver dam. No person shall run a trap line between sunset and one-half hour before sunrise.

(d) Disposition of unauthorized animals. Birds and mammals other than muskrats and minks found alive in the traps of the permittee shall be immediately liberated. Birds and mammals other than muskrats and minks found dead or mortally injured in the traps shall immediately be turned over to the superintendent or his representative.

(e) Reports required. Each permittee not later than 30 days after the close of the open trapping season shall submit to the superintendent a report in which are correctly stated the total number of muskrats and/or minks taken in each county on the refuge under permit during the season, the name and address of each person or firm to whom the pelts thereof were disposed of, the number of pelts disposed of to each such person or firm, and the gross amount received therefor.

PART 26-EAST CENTRAL REGION
NATIONAL WILDLIFE REFUGES

CHAUTAUQUA refuge, ILL.

§ 26.154 Chautauqua Migratory Waterfowl Refuge, Illinois; fishing. Until further notice, commercial and noncommercial fishing are permitted in the waters of the Chautauqua Migratory Waterfowl Refuge, Illinois, in accordance with the provisions of §§ 12.1-12.18 of this chapter, and subject to the following conditions and restrictions:

(a) Hours of fishing. Commercial and noncommercial fishing are permitted only between the hours of 4 a. m. and 9 p. m., on the days open to fishing.

(b) Recreational (noncommercial) fishing. During the period May 1 to the third Sunday in September, inclusive, all waters of the refuge shall be open to noncommercial fishing by hook and line only (as defined by State law); and, except during the Federal open season on migratory waterfowl, the following described waters shall be open to noncommercial fishing at any time:

(1) All the borrow pit adjoining the dike, or levee, on the north, west, and south parts of the refuge. Fishing from the dike, or levee, will not be permitted except as provided in paragraph (h) (1) of this section.

(2) In the channel of the old ditch and in the waters adjoining said ditch (f) Penalties. Failure of a permittee to the southeast, said area being a strip to comply with any of the above provi- of water averaging approximately onesions or the violation by him of any of eighth mile in width and lying parallel the regulations issued under authority to and adjoining the main shore line of the Act of June 7, 1924 (43 Stat. 650; | in sec. 10, T. 22 N., R. 8 W. Fishing 16 U.S.C. 723) establishing said refuge, from the main shore line will be peror of any State law or regulation appli- mitted in these waters. cable to trapping on said refuge, not only (3) In the channel of the old ditch shall render him subject to prosecution and waters adjoining it to the southeast, under said laws and regulations but may said area being a strip of water approxibe sufficient cause for refusal of future mately one-eighth mile in width and permits to trap on the refuge or for re-lying parallel to and adjoining the main fusal of any other use or privilege on the refuge for which a permit may be required by regulations. (43 Stat. 651, sec. 401, 49 Stat. 383; 16 U.S.C. 726, 16 U.S.C.,

shore line in secs. 1 and 2, T. 22 N., R. 8 W., and sec. 36, T. 23 N., R. 8 W. Fishing from the main shore line will be permitted in these waters.

No fishing of any kind will be per- (f) Special fishing restrictions. No mitted within the refuge boundary during the Federal open season on migratory waterfowl, except that noncommercial fishing will be permitted at all times in the borrow pit along the north boundary from the inlet gate east to the main shore, a distance of approximately 700 feet, and situated in the NESE1⁄4, sec. 36, T. 23 N., R. 8 W.

(c) Commercial fishing. The following described waters of the refuge shall be open to commercial fishing at any time, except during the Federal open season on migratory waterfowl, for such species as may be legally taken under the laws of the State of Illinois:

(1) That part of the borrow pit that adjoins the main refuge dike from the northwest corner of the NESW1⁄4, sec. 35, T. 23 N., R. 8 W, southwesterly to the southeast corner of the NE1⁄44SW4, sec. 18, T. 22 N., R. 8 W; thence easterly to the southeast corner of the NE 4SW14, sec. 17, T. 22 N., R. 8 W: Provided, That the Chief of the Bureau of Biological Survey may issue such special permits as may be necessary to reduce the population of nongame fishes in other waters of the refuge.

(d) State fishing laws. Any person who fishes within the refuge must comply with the applicable fishing laws and regulations of the State of Illinois. In the event that fishing is found to be unduly depleting any species of fishes or is interfering with the use of any particular waters by migratory birds or other wildlife, the privilege of fishing will be suspended by the Secretary, which suspension shall be effective 3 days after publication of notice thereof in the FEDERAL REGISTER.

(e) Fishing licenses and permits. Any person who fishes within the refuge shall be in possession of a valid fishing license issued by the State of Illinois, if such license is required. This license shall serve as a Federal permit for fishing in the refuge and must be carried on the person of the permittee while so fishing. The license must be exhibited upon request of any representative of the Illinois Department of Conservation authorized to enforce the State game and fish laws, or of any representative of the Bureau of Biological Survey.

seine shall be employed in the taking of minnows for bait in any of the waters of the refuge. Recreational fishing shall be by the use of hook and line only (as defined by State law), except that the use of set, trot, throw, or bank lines to which are attached a series of baited hooks, by means of short lines or otherwise, is prohibited.

(g) Use of motor boats. The use of motor boats, either inboard or outboard, except for official purposes, is prohibited on any of the waters enclosed by the dike, or levee, that circumscribes the refuge area on the north, west, and south sides.

(h) Trespass on refuge lands. No person or persons shall enter upon, cross over, or fish from any dike, dam, levee, jetty or other water-control structure at any point or points within the refuge except as follows:

(1) Noncommercial fishing in the borrow pit will be permitted from that part of the dike extending easterly from the inlet gate for approximately 700 feet to the main shore line and situated in the NESE1⁄44, sec. 36, T. 23 N., R. 8 W.

(2) Boats, equipment, and other fishing paraphernalia may be hauled or taken across the said dikes, or levees, at such cross-overs, or drag-overs, as shall from time to time be designated by the officer in charge of the refuge by suitable posting.

The officer in charge shall designate by suitable posting such places of entry into and routes of travel within the refuge as he may consider necessary to reach fishing waters, and no person shall enter upon any other part of the refuge except as hereinabove provided.

No person other than a regular employee of the United States Department of the Interior, the Illinois State Department of Conservation, or the Illinois Natural History Survey shall enter or go upon any part of the refuge during the Federal open season on migratory fishing in the NE1⁄44SE1⁄44, sec. 36, T. 23 N., waterfowl except for noncommercial R. 8 W., as provided in paragraph (b) herein. (Sec. 10, 45 Stat. 1224; 16 U.S.C. 715i, and Reorganization Plan No. II, 53 Stat. 1433; 3 CFR, 1939 Supp., p. 256) [As amended June 8, 1940; 5 FR. 2270]

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