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MIDWAY ATOLL NATIONAL WILDLIFE REFUGE

Rules, Regulations, and Policies (November 14, 2020)

Prior to departure to the Midway Atoll National Wildlife Refuge (MANWR), all visitors and residents must fully read and attest to understanding and abiding by all of the Rules, Regulations, and Policies contained within this document. Please provide initials, signature, with dates where indicated. Failure to comply with the rules, regulations, and policies contained within this document, and referred to in 50 CFR may result in penalty provision(s) of applicable law(s) and may lead to revocation of permission to reside at the Midway Atoll National Wildlife Refuge. Immediately address/report all questions about, or suspected violations of, these rules, regulations, and policies to the Refuge Manager (Pamela Repp - pamela_repp@fws.gov), the Marine National Monument Superintendent (Jared Underwood -jared_underwood@fws.gov), and/or the Pacific Islands Refuges and Monuments Office Supervisor (Ric Lopez -ricardo_lopez@fws.gov).

1. __________ Initial and date that you have read and understand the enclosed “Excerpted Prohibited Acts, Conduct Rules, from CFR 50,” and the “Additional Conduct and Decision-Making Rules” (i.e., pages 2-4 of this agreement)

50 CFR, Part 27: Prohibited Acts on National Wildlife Refuges

2. __________ Initial and date that you have read and understand pages 239-245 of the CFR (Sections 27.11-27.97) at the following Internet URL, https://www.govinfo.gov/content/pkg/CFR-2010-title50-vol6/pdf/CFR-2010-title50-vol6-chapI.pdf

3.__________ Initial and date that you have read and understand pages 545-550 of the CFR (50 CFR, Part 38: Specific Regulations for Midway Atoll National Wildlife Refuge) at the following Internet URL, https://www.govinfo.gov/content/pkg/CFR-2010-title50-vol6/pdf/CFR-2010-title50-vol6-chapI.pdf

4. __________ Initial and date that you have read and understand the enclosed “Midway Atoll National Wildlife Refuge Policy and Rules Handbook” (i.e., pages 5-16 of this agreement)

By my signature below, I attest that I have read, do understand, and will comply with all of the rules, regulations, and policies contained within this document, and referred to in 50 CFR. Furthermore, I understand that failure to comply with the rules, regulations, and policies contained within this document, and referred to in 50 CFR will make me subject to penalty provision(s) of applicable law(s) and may lead to revocation of permission for me to reside at the Midway Atoll National Wildlife Refuge.

Signature: ___________________________________ Printed name: ___________________________

Date of Signature: _____________________________

Printed name of translator (if applicable): ________________________________ mailto:amanda_j_boyd@fws.gov mailto:jared_underwood@fws.gov mailto:ricardo_lopez@fws.gov https://www.govinfo.gov/content/pkg/CFR-2010-title50-vol6/pdf/CFR-2010-title50-vol6-chapI.pdf https://www.govinfo.gov/content/pkg/CFR-2010-title50-vol6/pdf/CFR-2010-title50-vol6-chapI.pdf https://www.govinfo.gov/content/pkg/CFR-2010-title50-vol6/pdf/CFR-2010-title50-vol6-chapI.pdf

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Rules, Regulations, and Policies at a Glance (November 14, 2020)

Excerpted Prohibited Acts, Conduct Rules, from CFR 50

CFR 50, Part 27 (National Wildlife Refuge System Regulations)

27.21: No person shall take any animal or plant on any national wildlife refuge, except as authorized under these regulations.

27.31: Use of any motorized vehicle is prohibited on national wildlife refuges except on designated routes of travel.

No operator of a vehicle shall be under the influence of intoxicating beverages or controlled substances.

Driving or operating any vehicle carelessly or above the posted speed limit is prohibited.

27.32: No operator shall operate or permit any other person to operate a boat in a reckless or negligent manner.

No person shall operate a boat while under the influence of intoxicating beverages or controlled substances.

27.41: Possession or discharge of firearms, fireworks or explosives on national wildlife refuges is prohibited unless specifically authorized.

Use or possession of other weapons on national wildlife refuges is prohibited unless specifically authorized.

27.51: Disturbing, injuring spearing, poisoning, destroying, collecting or attempting to disturb, injure, spear, poison, destroy or collect any plant or animal on a national wildlife refuge is prohibited unless specifically authorized.

27.52: Plants and animals or their parts taken elsewhere shall not be introduced, liberated, or placed on any national wildlife refuge except as authorized.

27.61: The destruction, injury, defacement, disturbance or unauthorized removal of any public property including natural objects or private property on or from any national wildlife refuge is prohibited.

27.62: No person shall search for or remove from national wildlife refuges objects of antiquity except as may be authorized.

27.63: Permits are required for archeological studies on national wildlife refuges.

27.71: Tampering with, entering, or starting any motor vehicle, boat, equipment or machinery on a national wildlife refuge without proper authorization is prohibited.

27.81: Entering or remaining in any national wildlife refuge when under the influence of alcohol, to a degree that may endanger oneself or other persons or property or unreasonably annoy persons in the vicinity, is prohibited.

27.82: The possession, transfer or distribution of any controlled substance on a national wildlife refuge is prohibited, except that distributed by a physician in accordance with applicable law.

Presence in a national wildlife refuge when under the influence of a controlled substance, to a degree that may endanger oneself, or another person, or property, or may cause unreasonable interference with another person’s enjoyment of a national refuge is prohibited.

27.83: Any act of indecency or disorderly conduct as defined by State or local law is prohibited.

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27.84: Disturbing or interfering with any Federal employee engaged in official business or with any private person engaged in pursuit of an authorized activity is prohibited.

27.94: Littering, disposing or dumping in any manner of garbage, oil, chemical wastes or other debris on a national wild life refuge is prohibited, except at locations designated by the Refuge Manager.

27.95: Setting on fire any timber, brush, grass or other materials, except as authorized by the Refuge Manager, is prohibited.

Throwing a burning cigarette, match or other lighted substance in any place where it may start a fire is prohibited.

Smoking on any lands or buildings, which have been designated and/or posted with no smoking signs, is prohibited.

CFR 50, Part 38 (Midway Atoll NWR Supplemental Regulations)

1. Executive authority of the Secretary of the Interior over Midway Islands is exercised by the Regional Director and redelegated to the Refuge Manager. This authority includes issuance of citations, seizure of evidence, investigation of offenses, regulation of aircraft and boat traffic and safety, evacuation of hazardous areas, lawful restraint of persons, lawful removal of persons from the Refuge for cause, and regulation of vehicle traffic and safety.

2. Before and during an emergency, the Regional Director (or Refuge Manager) may perform any lawful acts necessary to protect life and property on the Refuge.

3. Any person who commits any act on Midway Atoll NWR which would be punishable if committed within the United States (under US Criminal Code) or within the State of Hawaii, will be guilty of a like offence and subject to like punishment.

4. No person on Midway Atoll National Wildlife Refuge will:

• Engage in fighting, threatening or other violent behavior

• Make unreasonable noise or offensive gestures or displays

• Address abusive language to any person

• Create a hazardous or physically offensive condition by any act

• Knowingly or recklessly obstruct any roadway or other passage, or interfere with any emergency vehicle or equipment or public official discharging his/her lawful duty

• When in a gathering, refuse to obey a reasonable request or order by a peace officer, fire fighter or other public official to prevent an obstruction of any public road or to maintain public safety by dispersing those gathered.

• Expose ones’ genitals under circumstances in which one’s conduct is likely to cause affront or alarm

• Enter, loiter or wander upon the assigned living quarters or adjacent property of another without a lawful purpose or peek in any door or window of any inhabited building without lawful purpose

• Enter, without lawful purpose, any building after normal operating hours

• Enter any building posted as “restricted” without proper authority

• Engage in prostitution

• Commit any lewd act in a public place which is likely to be observed by others who would be affronted or alarmed

• Sell any alcoholic beverages to any person who, because of age, would be prohibited from purchasing that beverage in Hawai’i

• Present or have in possession any fraudulent evidence of age for the purpose of obtaining alcoholic beverages

• Be substantially intoxicated in any public place from the voluntary use of intoxicating liquor, drugs or other substance

• Exceed the Refuge speed limit which, unless otherwise posted, is 15 miles per hour

• Smoke in any designated “no smoking” area or in the immediate proximity of any aircraft, fueling area or hazardous material storage area

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• Report any emergency or activate any emergency alarm, knowing that such a report or alarm is false

• Intentionally report to any public official authorized to make an arrest that a crime has been committed or make any oral or written statement to said official concerning a crime or alleged crime, knowing such report to be false

• Attempt to commit any offense prohibited by this part

5. Any person who violates any provision of this part may be fined or imprisoned in accordance with pertinent U.S.

Code.

Additional Conduct and Decision-Making Rules

1. Government vehicle (including golf cart) use after business hours is solely allowed with the approval of the Refuge Manager, in advance and in writing.

2. Entering another person’s living space(s) on-station is solely allowed with the expressed permission and knowledge of the occupant of that person’s specific living space(s), and other housemates, as applicable.

3. Decision-making, and the appeals/inquiry process, about flights to/from MANWR, where FWS has the decision-making authority for the manifest, is the responsibility of the Refuge Manager.

4. These rules are subject to change by the Refuge Manager, with timely and clear notification of all Refuge visitors/residents, and Regional Leadership.

5. Any and all personal conduct, verbal interactions, or other behaviors that are likely to affront (i.e., cause outrage or offense) or alarm by another resident are prohibited. If a resident requests that you cease such personal conduct, verbal interactions, or other behaviors, you are required to cease such conduct immediately. Any questions or concerns regarding this rule should be directed to the authorities noted at the top of page 1 of this document.

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POLICY AND RULES HANDBOOK

August 30, 2020

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POLICY AND RULES HANDBOOK – TABLE OF CONTENTS

1. Midway Atoll NWR – Purposes, Mission and Interim Goals 7

2. Health and Safety 8

3. Wildlife Conservation 8

4. Historical Resource Protection 10

5. Recreational Activities 11

6. Environmental Education/Interpretation 12

7. Wildlife Hazards 12

8. Law Enforcement 13

9. Emergency Procedures 13

10. Smoking 14

11. Vehicle Activity 15

12. Boat Activity 16

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1. Midway Atoll NWR – Purposes, Mission and Interim Goals

Purposes:

Midway Atoll National Wildlife Refuge will be managed to maintain and restore its nature biological diversity; to provide for the conservation and management of fish and wildlife and their habitats within refuge boundaries; to fulfill international fish and wildlife treaty obligations; to provide opportunities for scientific research, environmental education, and compatible wildlife-dependent recreational activities; and to recognize and maintain the historical significance of Midway Atoll (Executive Order 13022). The boundaries of Midway Atoll NWR are deprived from the original Executive Order (dated January 20, 1903) that put the area under Navy Department jurisdiction (“between the parallels of 28 degrees 5 minutes and 28 degrees 25 minutes North latitude and between the meridians of 177 degrees 10 minutes and 177 degrees 30 minutes West longitude”).

Mission:

To preserve, protect and restore the biological diversity and historic resources of Midway Atoll, while providing opportunity for wildlife-dependent recreation, education and scientific research.

Goals:

(1) Manage for the conservation and recovery of threatened and endangered species of animals and plants.

(2) Restore and manage habitat, including the remediation of impacts from prior human use, to support healthy populations of indigenous migratory birds in their natural diversity.

(3) Protect and maintain the natural diversity of marine habitats and their associated animal and plant communities.

(4) Provide opportunities for wildlife-dependent recreation, education and scientific research.

(5) Preserve and interpret the unique historical resources of Midway Atoll.

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2. Health and Safety

General Policy:

Midway is more than 1100 air miles from the nearest off-island medical facility. Depending upon the flight schedule of aircraft servicing Midway, it takes at least 3 hours and as many as 10 hours to transport an injured person to receive off-island medical attention. Many of the work projects and non-work related recreational activities on the refuge are inherently dangerous. These factors make the health and safety of visitors and residents our highest priority!

1. Airfield Operations: Runways, taxiways and aircraft parking areas are OFF LIMITS, without authorization from the Refuge Manager. Approved runway crossing lanes may not be used when runway lights are illuminated.

2. Abandoned Buildings/Hazardous Areas: All abandoned buildings and areas marked with “hazardous” or “danger” signs are OFF LIMITS, without authorization from the Refuge Manager.

3. Unexploded Ordnance: NAF Midway was an active military base with a history of ordnance storage and use. Occasionally unexplored ordnance is discovered. Do not touch any ordnance. Contact the Refuge Manager immediately.

4. Vehicles: The mix of bicycles and pedestrians with other vehicles creates a safety hazard that can only be minimized by driving alertly and carefully.

5. Outside Burning: Because of the fire hazard, no outside burning (other than in barbeque) is permitted without authorization from the Refuge Manager.

3. Wildlife Conservation

Certain rules are necessary to protect wildlife and their habitat from disturbance.

A. Seabirds

Midway’s islands provide critically important nesting and resting habitat for millions of seabirds, representing 22 species. The quality of this habitat has been impacted by several decades of human occupation, resulting in the alteration of nesting areas and the introduction of noxious weeds and rodents. Recent cooperative efforts to demolish unnecessary buildings, clean up contaminants, remove lead-based paints and eradicate invasive species will enhance the nesting success of Midway’s seabirds, as will the enforcement of the following rules:

1. Nesting birds should be given a wide enough berth to avoid changes in behavior.

Seabirds on eggs or small chicks are particularly vulnerable to disturbance.

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2. Unless authorized to enter nesting areas, visitors and residents should remain on roads and designated trails.

3. If a burrow is accidently collapsed, it should be dug out to expose the tunnel so that birds will be able to exit and enter the destroyed burrow.

4. Possession or transport off-island of seabird eggs, feathers or bones are prohibited without authorization of the Refuge Manager and appropriate permits.

5. The short-tailed albatross is a critically endangered species. Visitors and residents should remain at least 150 feet from these birds. Signs are set up near nest sites to alert visitors and residents that the nesting area is closed.

B. Monk Seals

Hawaiian monk seals are the most endangered seal species in the United States and the second most endangered in the world. Beaches and nearshore waters are critical for resting and pup rearing. Human disturbance of these areas will cause seals to abandon preferred resting and pupping sites.

1. Do not enter onto closed beaches (see refuge map for reference).

2. When walking on or adjacent to beach areas, look far enough ahead to avoid inadvertently approaching a resting seal.

3. If a seal is observed on the beach or other shoreline area, approach no closer than 150 feet and avoid making loud noises or exaggerated movements. If a resting seal reacts to your presence, move further away and report to refuge biologist or refuge manager.

4. During pupping season, stay a minimum of 300 feet away from mother and pups.

Follow closed beach signs as posted.

5. If a seal is observed from a moving vessel, do not change heading or speed to intersect the seal’s path and remain at least 150 feet from the seal.

6. If a seal is observed while swimming, snorkeling or diving, do not approach or try to touch the seal. Exit the water if near shore while swimming or snorkeling.

7. Do not attempt to feed monk seals.

C. Hawaiian Spinner Dolphins

Approximately 200-250 spinner dolphins frequent Midway’s lagoon waters during the day and forage in waters outside the atoll at night. The lagoon provides a critically important resting area. Although the dolphins may approach boats in the lagoon, it is important that actions be avoided that will alter their natural behavior patterns and, 10 | P a g e potentially, cause the dolphins to abandon their rest areas. Remain 50 yards from dolphins when possible:

1. Do not approach or initiate contact with dolphins.

2. If dolphins are sighted outside the direct path of a moving vessel, do not change heading or speed to intersect their path.

3. If dolphins are sighted in the path of a moving vessel, slow or halt the vessel to allow dolphins to pass and/or change course to avoid intersecting or attracting dolphins.

4. If dolphins join a moving vessel, continue on the original course, without changing heading or speed.

5. If dolphins are sighted while swimming, snorkeling or diving, do not attempt to touch or ride dolphins.

6. Do not attempt to feed dolphins.

D. Turtles

Midway Atoll’s lagoon is an important feeding area for green sea turtles. They are frequently spotted within Sand Island harbor or near shore. Occasionally, turtles may also be seen basking on Midway’s beaches, hale honu beach is a popular location for basking turtles during the heat of the day. Turtle nests have been observed on Sand and Eastern Island, although not common, we want to reduce human disturbance to encourage more nesting in the future.

1. Remain at least 150 feet from turtles basking on Midway’s beaches.

2. Do not touch or pursue turtles that are sighted while swimming, snorkeling or diving.

3. Do not attempt to feed turtles.

4. Historical Resource Protection

Midway Atoll has a rich and varied history, dating back to its discovery in 1859 and including several important phases: illegal harvest of migratory birds in the late 1800’s, establishment of the commercial telegraph in the early 1900’s, the Pan Am clipper era of the late 1930’s, preparation for war and the Battle of Midway, the Vietnam era, the Cold War and the more recent base closure period. Important remnants and artifacts of these historic periods are found on both Sand and Eastern island and potentially in and around Midway’s lagoon.

Specific Policies:

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1. No land-disturbing actions will be taken that are likely to affect historic resources without site evaluation and Refuge Manager concurrence.

2. No actions to modify, repair, restore or change the appearance of historic resources may be undertaken without site evaluation and Refuge Manager concurrence.

3. To ensure visitor/resident safety and minimize wildlife disturbance, the inside of designated historic sites are off-limits to visitors and residents without Refuge Manger approval (e.g. Cannon command post, Cable Company buildings, radar building).

4. Disturbance, collection, possession or transport off the island of any historic artifacts is strictly prohibited.

5. Recreational Activities

It is Service policy to provide opportunities for fish and wildlife-dependent recreation on national wildlife refuges, but proposed uses must be compatible with the purposes for which an individual refuge was created. The link between refuge management and recreation at Midway Atoll NWR is particularly important. All who wish to snorkel, swim, paddleboard or kayak must pass the refuge-swimming test administered by refuge staff. All water sports must occur during daylight hours near open beaches using the buddy system.

Specific Policies: Fishing

1. Fishing is prohibited within Midway Atoll NWR except permitted activities for subsistence fishing as authorized by the Refuge Manager.

Specific Policies: Diving and Snorkeling

1. Handling, collection, possession or transport of live shells, coral or other marine species is not permitted.

2. Handling, collection, possession or transport of any historic artifacts or ordnance is not permitted.

3. Divers and snorkelers may not use chum to attract fish or other marine species.

Specific Policies: Wildlife Observation & Photography

1. Wildlife observation and photography are encouraged, but some measures are necessary to minimize disturbance to wildlife (e.g. 150 ft approach distance for monk seals, turtles and golden gooneys; restricted access to burrowed areas, etc.)

Specific Policies: Non-Wildlife Oriented Recreation

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1. Permitted facility-based sports activities will occur at designated sites only.

2. Other permitted outdoor recreation is not allowed in restricted areas (e.g. closed beaches).

3. Bicycling and jogging are limited to paved and gravel roads and designated trails.

4. Swimming is allowed only during daylight hours at open beaches with a buddy.

5. Paddleboarding and sea kayaking are allowed near open beaches with a float plan approved by the Refuge Manager.

6. Collection of glass balls for personal use is only allowed on OPEN beaches (North and cargo beach). If glass balls are collected during work hours on closed beaches, the balls must be given to the Refuge Manager for on-island display or gifts.

6. Environmental Education/Interpretation

The Service strongly supports the use of national wildlife refuges for environmental education and interpretation. Everyone who enters Papahānaumokuākea Marine National Monument is required to have a cultural briefing.

Specific Policies:

1. Self-guided interpretive walks are encouraged and will be facilitated by appropriate narrative and map information.

2. All visitors remaining on-island more than 24 hours are required to attend a Service-presented orientation session following their arrival.

7. Wildlife Hazards

Human habitation at Midway inevitably results in situations that present significant hazards to wildlife. Some conflicts can be anticipated and addressed in advanced. Others require flexibility and accommodation as they arise. It is Service policy to identify and mitigate wildlife hazards quickly and effectively.

Specific Policies:

1. The use of outdoor lighting that is not necessary to provide for human safety will be reduced. For necessary lighting, alternative bulb and light fixture types will be employed to mitigate impacts to wildlife (e.g. red lights).

2. Vehicle traffic will be minimized to reduce mortality of resident seabirds. (e.g. large carts will be used at minimum during albatross chick season)

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8. Law Enforcement

The Service is the sole Federal agency responsible for administration and management of Midway Atoll NWR. An important component of that responsibility is the enforcement of pertinent laws and regulations in support of the wildlife conservation mission and to ensure the health and safety of residents and visitors. Existing regulations applicable to national wildlife refuges in 50 Code of Federal Regulations (CFR) Parts 25-32 have been supplemented by additional regulations recently published in Part 38. These new regulations define certain criminal provisions and civil laws applicable to Midway Atoll NWR that are not otherwise provided for. These supplemental regulations also delegate certain powers, duties and responsibilities for Service officers for the administration of Midway Atoll NWR.

Specific Policies:

1. The Service will emphasize preventative law enforcement, but penalty provisions of refuge regulation will be enforced as necessary.

2. The rationale for, provisions of and consequences of failure to comply with refuge regulations will be effectively communicated by Service to residents and visitors.

3. Service staff will take an active role in community and visitor services issues to minimize law enforcement problems.

4. All residents, guests and official cooperators on the refuge must read and become familiar with a compendium of pertinent regulations and policies.

9. Emergency Procedures

The remoteness of Midway Atoll NWR necessitates effective emergency preparedness and response capability. Managing all activities with safety as the highest priority will minimize the risk of incidents that may cause serious injury or death. Cross-training of emergency response personnel is necessary to react to fires, oil spills, search and rescue and medical emergencies.

Residents not directly responsible for emergency functions will be called upon to participate as volunteers. Preparedness drills will be held to keep necessary skills sharp. Emergency management responsibilities will be clearly defined and communicated. All emergency-related procedures will be addressed in an Emergency Response Plan.

Specific Policies:

1. 24 hr/day phone is maintained for emergency response. The 911 phone number is maintained for on-island emergencies. A satellite phone is kept on island for emergency use in the event of a power failure.

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2. Base radios are maintained in an emergency-ready state in the communications shop. The Service will also maintain a 24 hr watch on Channel 16 VHF for emergency response purposes.

3. The Service will operate on-call phone numbers and a “calling tree” for non-work hours.

4. Emergency response teams, including island volunteers, will be assigned specific, on-call responsibilities and will practice incident scenarios on a regular basis.

5. The Refuge Manager will be notified in the event of any ongoing or imminent emergency.

6. Procedures for notification of off-island offices (e.g. Coast Guard) in the event of an emergency will be clearly defined and communicated to island residents.

7. Refuge visitors will be given clear and conspicuous guidance regarding the appropriate response to various emergency situations (e.g. fire alarms, etc.)

8. When Island Residents and/or visitors hear the siren sound, immediately grab go bag (passport, medicine, etc.) from residence and report to the third floor of Charlie Barracks.

10. Smoking

Policy regarding smoking on Service-owned lands is dictated by provisions of the Federal Property Management Regulations (41 CFR Ch. 101-30. 105.3), the Service Manual (242FW13) and regulations pertaining to national wildlife refuges (27.95 (d) CFR). Smoking is prohibited in Service occupied space and in Service vehicles. “Service occupied space” is defined as any indoor owned, leased, or rented space used by the Service. Federal property regulations provide that smoking be held to “an absolute minimum” in areas where there are non-smokers. An added concern at Midway Atoll NWR is the fact that many occupied buildings are historic structures either on or eligible for listing in the National Register of Historic Places. Destruction of a valuable historic building to a preventable fire would be a tragic loss.

Specific Policies:

1. Because of the inability to avoid impact to non-smokers and due to the inherent fire danger, smoking is prohibited within all buildings at Midway Atoll NWR, except in designated smoking areas (e.g. Smoking Shack near Charlie Barracks).

2. Smoking is prohibited within any Service-owned vehicles (cars, vans, heavy equipment and boats).

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3. Smoking is prohibited within designated hazardous areas or within 200 feet of the fuel farm or any fuel trucks or airplanes.

4. Ash trays and/or other receptacles will be provided for smokers in designated smoking areas.

11. Vehicle Activity

An important element of Midway’s “charm” to residents and visitors alike is the relatively limited dependence on motorized vehicles. It will be refuge policy to further reduce the use of motorized vehicles and to promote walking and bicycles and viable alternatives that are safer, more environmentally “friendly” and more in keeping with the desired atmosphere of the refuge.

Specific Policies:

1. Bicycles will be the preferred vehicle for transportation by guests and residence.

Golf cart use by residents, that is not in direct support of the public used program, will be minimized. Use of cars, trucks, vans and mopeds will be for work-related purposes only (see also: Additional Conduct and Decision-Making Rules, item 1, (page 4) regarding after hours use of golf carts)

2. The speed of limit for all vehicles will be 15 mph, unless otherwise posted. Slower speeds should be used when albatross, bicycles and people are on the road.

3. No motorized vehicle should be used off paved or gravel roads unless authorized by the Refuge Manager.

4. All motorized vehicles operated at night must have at least one headlight. Bicycle riders should use a light an install reflectors.

5. Operators must not consume or be under the influence of alcohol while operating motorized vehicles or bicycles.

6. ATV and moped operators are required to wear shoes or boots and a helmet.

7. Overnight parking of cars, trucks and vans is permitted at parking areas at the galley, hangars, transportation building and clinic. Overnight parking of these vehicles in the housing areas is permitted only for those employees who have been approved by the Refuge Manager for “on call” response during the night.

8. Additional restrictions on vehicle use, by the use of road barriers, will be employed seasonally to protect wildlife.

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9. No vehicles are permitted on Sand island beaches without prior permission from the Refuge Manager.

10. Motorized vehicle drivers 16 years and older must possess a valid driver’s license.

12. Boating Activity

General Policy:

Boating is an important part of the management and recreational program at Midway Atoll NWR. The remoteness of the refuge makes it particularly important to ensure that safe boating practices are implemented for both guests and residents. The following provides an overview of boating policy and is not all-inclusive.

Specific Policies:

1. The Refuge Manager has primary oversight responsibility to ensure the safety of boating activities on the refuge.

2. All personnel who wish to operate FWS motorboats must have passed the Department of Interior’s Motorboat Operator Certification Course (MOCC) or operate a boat under the direction of a certified MOCC boat driver. An additional boat-driving test will occur from the lead boat driver on island with approval from the refuge manager before being certified to drive boats within the atoll.

3. All approved boat operators are responsible to ensure that all refuge rules and regulations are followed by passengers on the boat. Boat operators may lose their boating privileges if they or their passengers do not follow refuge rules and regulations.

4. Motorboat operators must fill out a “Float Plan” prior to departing from shore, which identifies intended areas of operations, persons on board and availability of safety/communication equipment. At least one operable VHF (Channel 16 and repeater digital) must be on board. It is the boat captain’s responsibility to call the refuge manager or deputy refuge manager before departure and upon returning to Sand Island. The boat captain ensures that the float plan is closed after the boat has been returned.

5. No boat captains may operate motorboats while under the influence of alcohol.

6. The Refuge Manager may terminate all boating activity on the refuge due to adverse weather conditions.