TITLE 50: WILDLIFE AND FISHERIES
CHAPTER I: UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR
PART 38: MIDWAY ATOLL NATIONAL WILDLIFE REFUGE

Sections

38.1 Applicability.
38.2 Scope.

38.3 Executive authority; duration.
38.4 Authorized functions, powers, and duties.
38.5 Emergency authority.

38.6 General.
38.7 Adopted offenses.
38.8 Consistency with Federal law.
38.9 Breach of the peace.
38.10 Trespass.
38.11 Prostitution and lewd behavior.
38.12 Alcoholic beverages.
38.13 Speed limits.
38.14 Miscellaneous prohibitions.
38.15 Attempt.
38.16 Penalties.

38.17 General.

Source: 63 FR 11626, Mar. 10, 1998, unless otherwise noted.

Sec. 38.1 Applicability.

1. The regulations of this part apply to the Midway Atoll National Wildlife Refuge. For the purpose of this part, the Midway Atoll National Wildlife Refuge includes the Midway Islands, Hawaiian Group, between the parallels of 28 deg. 5' and 28 deg. 25' North latitude, and their territorial seas located approximately between the meridians of 177 deg. 10' and 177 deg. 30' West longitude, as were placed under the jurisdiction and control of the Interior Department by the provisions of Executive Order No. 13022 of October 31, 1996 (3 CFR, 1996 Comp., p. 224).

2. Administration of Midway Atoll National Wildlife Refuge is governed by the regulations of this part and parts 25-32 of title 50, Code of Federal Regulations; the general principles of common law; the provisions of the criminal laws of the United States in their entirety including the provisions of 18 U.S.C. 13 and those provisions that were not specifically applied to unincorporated possessions; the laws applicable under the special maritime jurisdiction contained in 48 U.S.C. 644a; and the provisions of the criminal laws of the State of Hawaii to the extent the criminal laws of the State of Hawaii do not conflict with the criminal laws of the United States.

The executive authority of the Regional Director concerning the Midway Islands includes:

1. Issuance of citations for violations of this part and 50 CFR parts 25-32;

2. Abatement of any public nuisance upon the failure of the person concerned to comply with a removal notice;

3. Seizure of evidence;

4. Investigation of accidents and offenses;

5. Custody and disposal of lost or abandoned property;

6. Regulation of aircraft and boat traffic and safety;

7. Imposition of quarantines;

8. Evacuation of hazardous areas;

9. Lawful restraint, detention, confinement, and care of persons prior to their prompt transfer to the custody of the United States District Court for the District of Hawaii;

10. Lawful removal of person from the Midway Atoll National Wildlife Refuge for cause;

11. Regulation of vehicle traffic and safety;

12. Performance of other lawful acts necessary for protecting the health and safety of persons and property on Midway Atoll National Wildlife Refuge; and

13. Issuance of lawful notices and orders necessary to the exercise of executive authority under this section.

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Subpart C: Prohibitions

Sec. 38.6 General.

In addition to any act prohibited by this part or 50 CFR part 27, any act committed on the Midway Atoll National Wildlife Refuge that would be a violation of the criminal laws of the United States or of the State of Hawaii as specified in subpart A of this part, as they now appear or as they may be amended or recodified; or any act committed on the Midway Atoll National Wildlife Refuge that would be criminal if committed on board a merchant vessel or other vessel belonging to the United States pursuant to the provisions of 48 U.S.C. 644a, is prohibited and punishable, in accordance with the National Wildlife Refuge System Administration Act, 16 U.S.C. 668dd, the criminal laws of the United States or the State of Hawaii as specified in subpart A of this part, as they now appear or as they may be amended or recodified; or according to the laws applicable on board United States vessels on the high seas pursuant to the provisions of 48 U.S.C. 644a.

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Sec. 38.7 Adopted offenses.

Any person who commits any act or omission on Midway Atoll National Wildlife Refuge which, although not made punishable by an enactment of Congress, would be punishable if committed within the United States under the United States criminal code at the time of such act or omission, including any provisions of the United States criminal code that are not specifically applied to unincorporated possessions of the United States, will be guilty of a like offense and subject to like punishment. Any person who commits any act or omission on Midway Atoll National Wildlife Refuge which, although not made punishable by an enactment of Congress, would be punishable if committed within the State of Hawaii by the laws thereof at the time of such act or omission, will be guilty of a like offense and subject to like punishment to the extent the laws of the State of Hawaii do not conflict with the criminal laws of the United States.

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Sec. 38.8 Consistency with Federal law.

Any provisions of the laws of the State of Hawaii, as they now appear or as they may be amended or recodified, which are adopted by this part will apply only to the extent that they are not in conflict with any applicable Federal law or regulation.

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Sec. 38.9 Breach of the peace.

No person on Midway Atoll National Wildlife Refuge will:

1. With intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, engage in fighting, threatening, or other violent or tumultuous behavior; or make unreasonable noise or offensively coarse utterances, gestures, or displays, or address abusive language to any person present; or create a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit;

2. Having no legal privilege to do so, knowingly or recklessly obstruct any roadway, alley, runway, private driveway, or public passage, or interfere with or unreasonably delay any emergency vehicle or equipment or authorized vehicle, boat, vessel, or plane, or any peace officer, fireman, or other public official engaged in or attempting to discharge any lawful duty or office, whether alone or with others. "Obstruction" as used in this paragraph means rendering impassable without unreasonable inconvenience or hazard;

3. When in a gathering, refuse to obey a reasonable request or order by a peace officer, fireman, or other public official:
   1. To prevent an obstruction of any public road or passage;

   2. To maintain public safety by dispersing those gathered in dangerous proximity to a public hazard; or

4. With intent to arouse or gratify sexual desire of any other person, expose one's genitals under circumstances in which one's conduct is likely to cause affront or alarm.

No person on Midway Atoll National Wildlife Refuge will:

1. Loiter, prowl, or wander upon or near the assigned living quarters and adjacent property of another without lawful purpose, or, while being upon or near the assigned living quarters and adjacent property of another, peek in any door or window of an inhabited building or structure located thereon without lawful purpose;

2. Enter upon any assigned residential quarters or areas immediately adjacent thereto, without permission of the assigned occupant;

3. Enter or remain in, without lawful purpose, any office building, warehouse, plant, theater, club, school, or other building after normal operating hours for that building; or

4. Enter or remain in any area or building designated and posted as "restricted" unless authorized by proper authority to be there.

No person on Midway Atoll National Wildlife Refuge will:

1. Engage in prostitution. ``Prostitution'' means the giving or receiving of the body for sexual intercourse for hire; or

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

No person on Midway Atoll National Wildlife Refuge will:

1. Sell any alcoholic beverages to any person who, because of age, would be prohibited from purchasing that beverage in a civilian establishment in Hawaii.

2. Present or have in possession any fraudulent evidence of age for the purpose of obtaining alcoholic beverages in violation of this section.

3. Be substantially intoxicated on any street, road, beach, theater, club, or other public place from the voluntary use of intoxicating liquor, drugs or other substance. As used in this paragraph, ``substantially intoxicated'' is defined as an actual impairment of mental or physical capacities.

No person on Midway Atoll National Wildlife Refuge will:

1. Smoke or ignite any fire in any designated and posted "No Smoking" area, or in the immediate proximity of any aircraft, fueling pit, or hazardous material storage area;

2. Knowingly report or cause to be reported to any public official, or willfully activate or cause to be activated, any alarm, that an emergency exists, knowing that such report or alarm is false. "Emergency." as used in subpart B of this part, includes any condition which results, or could result, in the response of a public official in an emergency vehicle, or any condition which jeopardizes, or could jeopardize, public lives or safety, or results or could result in the evacuation of an area, building, structure, vehicle, aircraft, or boat or other vessel, or any other place by its occupants; or

3. Intentionally report to any public official authorized to issue a warrant of arrest or make an arrest, that a crime has been committed, or make any oral or written statement to any of the above officials concerning a crime or alleged crime or other matter, knowing such report or statement to be false.

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Subpart D: Civil Administration

Sec. 38.17 General.

Civil administration of Midway Atoll National Wildlife Refuge shall be governed by the provisions of this part, 50 CFR parts 25-32, and the general principles of common law.

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