Federal Register - March 9, 1937
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Source: Federal Register
FEDERAL REGISTER, the Secretary of Agriculture by section 10 of the Migratory Bird Conservation Act of February 18, 1929 <45 Stat. 1222, and section 84 of the Penal Code of the United States as amended by the act o f April 15, 1924 43 Stat. 98, and pursuant to Executive Order No. 7373, of May 20, 1936,1
establishing the Desert Game Range, and like orders hereto fore or hereafter made, establishing such game ranges, or wildlife refuges, the following regulations for the protection of wildlife, the regulation of grazing, and the administration of game ranges, or wildlife refuges, established in conjunc tion with the organization of grazing districts under the terms of the Act o f June 28, 1934, commonly known as the Taylor Grazing Act, are hereby prescribed and shall be effective from March 1, 1937:
REGULATION 1. PROTECTION OP W ILDLIFE
It is not permitted to hunt, trap, catch, disturb, or kill, or attempt to hunt, trap, catch, disturb, or kill any wild bird or other animal, or to take or molest the nests or eggs of such birds, on any such game ranges, or wildlife ref uges, except when authorized by permit issued by or under the authority of the Secretary of Agriculture: Provided, That duly authorized grazing permittees and employees of the Departments of Agriculture and the Interior engaged in the control of predatory animals and rodents may trap or otherwise take such rodents, predatory animals, or preda cious birds when in the opinion of the Chief, Bureau of Bio logical Survey, control measures are necessary to reduce the numbers of such animals or birds in order to safeguard the perpetuation of other species of wildlife, to protect livestock, or to conserve grazing resources, or to retard soil erosion.
REGULATION 2 . ACTS NOT PERMITTED ON GAME RANGES, OR
W ILDLIFE REFUGES
The following acts are not permitted on lands of the United States within such game ranges, or wildlife refuges:
a. Setting on fire, or causing to be set on fire, any timber, brush, or grass, except as authorized by the resident officer in charge o f such area.
b. Building a camp fire in leaves, rotten wood, or other places where it is likely to spread; against large or hollow logs or stumps where it is difficult to extinguish it com
pletely; or in any other dangerous place, or during windy weather, without confining it to holes or cleared spaces from which all vegetation or other inflammable material has been removed.
c. Leaving a camp fire unattended or not completely ex tinguished.
d. Disturbing, molesting, or interfering, by intimidation, threat, assault, or otherwise, with any person engaged in the management of wildlife or livestock on such ranges, or refuges, or the prevention of trespass thereon.
e. Unless authorized by permit from the resident officer in charge, the carrying of a firearm, except by authorized Fed eral or State officers.
f. Throwing or placing a burning cigarette, match, pipe heel, firecracker, or any ignited substance in any place where it may start a fire; or discharging any kind o f fireworks on any part of such ranges, or refuges.
g. The destruction, injury, defacement, removal, or dis turbance in any manner, of any building, notice, sign, sign board, equipment, fence, post, road, trail, dike, dike embank ment, dam, bridge, or other structure, or o f any other public property of any kind on such ranges, or refuges.
h. Entering, occupying, or using, without permission from the officer in charge, any building of the United States on such areas used for administration purposes by the Division of Grazing, of the Department of the Interior, or by the Bureau of Biological Survey, of the Department of Agricul ture, except in case of emergency to prevent human suffering.
i. The altering or being upon such land with intent to destroy, molest, disturb, or injure property used, or acquired 1 1 F . R . 501.
M a rch 9 , 1937
591
for use, by the United States, in the administration of such areas.
j.
The dumping o f garbage, or other refuse or debris, or the draining or dumping of oil, acids or poisons in, or other wise polluting any waters, waterholes, or streams within any such ranges, or refuges.
REGULATION 3 . GRAZING
No cattle, sheep, horses, or other livestock are permitted to graze on the public lands within the exterior boundaries o f such game ranges, or refuges, except under permit of the Secretary of the Interior and in accordance with such con ditions as he may prescribe therein, and no grazing is per mitted on lands within the exterior boundaries of such game ranges, or refuges, which have been or which hereafter may be acquired by the United States for use of the Department of Agriculture for the conservation of migratory birds and other wildlife, except under permit of the Secretary of Agri culture and in accordance with Such conditions as he may prescribe therein.
REGULATION 4 . SPECIMENS FOR SCIENTIFIC, EXH IB ITIO N , OR
PROPAGATING PURPOSES
Specimens of plant and animal life or other natural ob jects on any range, or refuge, may be taken for scientific, exhibition, or propagating purposes, under special permit issued by the Secretary of Agriculture and countersigned by the Chief, Bureau of Biological Survey, but no such permit shall be deemed to authorize the taking, possession, trans portation, or sale of any wildlife, or the nests or eggs of birds, contrary to State or Federal law.
REGULATION 5. SCIENTIFIC STUDIES
Any person may enter upon any such range, or refuge, for scientific study, the taking of photographs thereon, or for other like purposes, but must comply with these regula tions, and the rules for the administration of grazing dis tricts.
REGULATION
6.
REMOVAL OF SURPLUS
ANIMALS
Whenever it shall appear after investigation that the number of any species of game animal on any such range, or refuge, sbaJi have increased beyond the numbers specified in the Executive order establishing the particular range, it shall be the duty of the Chief, Bureau of Biological Sur vey, Department o f Agriculture, and the Director, Division of Grazing, Department of the Interior, jointly to determine the number of surplus animals it is desirable to remove from such range, or refuge, and upon such determination such surplus animals may be removed under such conditions and in the manner authorized or prescribed by the Chief, Bureau of Biological Survey.
REGULATION 7 . ECONOMIC UTILIZATION OF RESOURCES
Permits to cut and remove timber or firewood, occupy or cultivate areas, use any material of commercial value, or make other like use of any lands within the exterior bound aries of such ranges, or refuges, which lands have been or may hereafter be acquired by the United States for the use of the Department of Agriculture for the conservation of migratory birds or other wildlife, not inconsistent with the objects for which such ranges, or refuges, were established, may be issued by the Chief, Bureau of Biological Survey, upon such terms and at such rates of charge, if any, as may be ascertained and determined by him to be commen surate with the value o f the privilege given by such permits.
Permits for like purposes as to other lands within such ranges, or refuges, may be issued in conform ity with rules and regulations o f the Department of the Interior covering such usage: Provided, That in order to safeguard the food and cover requirements for wildlife, permits to remove tim ber or firewood from the range, or refuge, shall not be issued until applications therefor have first been approved by the resident officer of the Bureau of Biological Survey and