§ 36.42 - Public participation and closure procedures.

§ 36.42 Public participation and closure procedures.

(a) Applicability and authorityAuthority. The Refuge Manager may close an area or restrict an activity in an Alaska National Wildlife Refuge on an emergency, temporary, or permanent basis in accordance with this section.

(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 non-motorized surface transportation will shall be made after notice pursuant to paragraph (f) of this section and hearing;

(2) Emergency closures or restrictions relating to the taking of fish and wildlife will shall be accompanied by notice pursuant to paragraph (f) of this section with a subsequent hearing;

(3) Other emergency closures or restrictions will shall become effective upon notice as prescribed in paragraph (f) of this section; and

(4) No emergency closure or restriction will exceed 60 days. Closures or restrictions requiring longer than 60 days will follow nonemergency closure procedures (i.e., temporary or permanent; see paragraphs (d) and (e), respectively, of this section).

(d)

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 will be effective only after notice pursuant to paragraph (f) of this section and hearing in the vicinity of the area(s) affected by such closures or restriction, and other locations as appropriate.

(2) Temporary closures or restrictions related

non-motorized surface transportation, or to the taking of fish and wildlife

will

, shall not be effective

only after notice pursuant to paragraph (f) of this section and after allowing for the opportunity for public comment and a public

prior to notice and hearing in the vicinity of the area(s) affected by such closures or restriction, and other locations as appropriate

. Temporary closures or restrictions related to the taking of fish and wildlife also require consultation with the State and affected Tribes and Native Corporations. (3

;

(2) Other temporary closures

will

shall be effective upon notice as

set forth at

prescribed in paragraph (f) of this section

.

; and

(

4

3) Temporary closures or restrictions

will

shall extend only for

as

so long as necessary to achieve

the purpose of the closure or restriction

their purposes, and in no case may

not

exceed 12 months

; Provided, however, a new temporary closure

or

restriction may be adopted thereafter by following the applicable procedures set forth at paragraph (d)(1), (d)(2), or (d)(3) of this section

be extended beyond that time.

(e) Permanent closures or restrictions. Permanent closures or restrictions related to the use of aircraft, snowmachines, motorboats, or nonmotorized surface transportation, or taking of fish and wildlife, will be effective only after notice pursuant to paragraph (f) of this section, and shall be published by rulemaking in the Federal Register with a minimum public comment period of 60 days and shall not be effective until after a public hearing(s) is held shall be made only after notice and public hearings in the affected vicinity and other locations as appropriate. Permanent closures or restrictions related to the taking of fish and wildlife require consultation with the State and affected Tribes and Native Corporations, and after publication in the Federal Register.

(f) Notice. Emergency, temporary, or permanent closures or restrictions will be published on the U.S. Fish and Wildlife Service's Web site at http://www.fws.gov/alaska/nwr/ak_sp_hunt_regs.htm. Additional means of notice reasonably likely to inform residents in the affected vicinity will also be provided where available, such as:

(1) Publication in a

shall be:

(1) Published in at least one newspaper of general circulation in the State and in local newspapers;

(2) Use of electronic media, such as the Internet and email lists;

(3) Broadcast media (radio, television, etc.); or

(4) Posting of signs in the local vicinity or at the Refuge Manager's office

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 will shall provide notice in the Federal Register and willshall, upon request, hold a public meeting hearing in the affected vicinity and other locationslocation, as appropriate, prior to making a final determination.

(h) Prohibitions. Except as otherwise specifically allowed permitted under the provisions of this part, entry into closed areas or failure to abide by restrictions established under this section is prohibited.

[46 FR 31827, June 17, 1981, as amended at 81 FR 52273, Aug. 5, 2016; 82 FR 52011, Nov. 9, 2017]