99-6943. Seasonal Closure of the Moose Range Meadows Public Access Easements in the Kenai National Wildlife Refuge  

  • [Federal Register Volume 64, Number 56 (Wednesday, March 24, 1999)]
    [Rules and Regulations]
    [Pages 14151-14154]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-6943]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 36
    
    RIN 1018-AE58
    
    
    Seasonal Closure of the Moose Range Meadows Public Access 
    Easements in the Kenai National Wildlife Refuge
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Final rule.
    
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    SUMMARY: We restrict public access and use of the public easements in 
    the Moose Range Meadows area within the boundary of the Kenai National 
    Wildlife Refuge (Refuge). This seasonal closure is necessary to prevent 
    incompatible levels of bank degradation that occur along the easements 
    due to intensive bank angling during the sockeye (red) salmon fishery 
    each summer. We will prohibit public access and use on our managed 
    easements from July 1 through August 15 annually.
    
    DATES: This rule is effective April 23, 1999.
    
    FOR FURTHER INFORMATION CONTACT: Robin West, Refuge Manager, Kenai 
    National Wildlife Refuge, telephone: (907) 262-7021; or Bob Stevens, 
    Public Involvement Specialist, telephone: (907) 786-3499.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        This seasonal closure is necessary to prevent incompatible levels 
    of bank degradation that occur along the easements due to intensive 
    bank angling during the sockeye (red) salmon fishery each summer. 
    Concentrated bank angling along the easements has led to unacceptable 
    levels of vegetation destruction and accelerated erosion of the 
    riverbank. Healthy riverbank habitats are important in maintaining the 
    Kenai River's famous anadromous and resident fish populations and in 
    meeting the primary purpose of the Refuge.
        We manage two public use easements on the banks of the Kenai River 
    within lands conveyed to the Salamatof Native Association, Inc. We 
    reserved the easements under terms of the August 17, 1979, stipulated 
    settlement agreement between the United States, Cook Inlet Region Inc., 
    and Salamatof Native Association Inc. We reserved the subject easements 
    ``. . . for the public at large to walk upon or along such banks, to 
    fish from such banks or to launch or beach a boat upon such banks . . 
    .'' We also reserved two access easements from existing roadways to the 
    river bank easements under the same agreement and limited use of the 
    two access easements to foot travel or wheelchairs.
        The level of foot traffic and use on the river bank easements has 
    increased dramatically since the mid-1980's. The development and growth 
    of the sockeye salmon sport fishery is the principal activity which has 
    lead to this high level of public use. In recent years, use has grown 
    to the point where impacts to the vegetated banks of the Kenai River 
    are readily apparent.
        Discussions and meetings among our staff, landowners, users, and 
    other State and Federal managing agencies on how to deal with 
    increasing use of the easements have been ongoing since the late 
    1980's. In 1995, the Kenai National Wildlife Refuge Manager (Refuge 
    Manager) issued an emergency closure of portions of the public access 
    easements pursuant to the authorities granted in 50 CFR 36.42. In 
    issuing the emergency closure, the Refuge Manager determined that the 
    human-caused bank degradation occurring as a result of the intensive 
    bank angling effort was incompatible with the Refuge's purpose to, ``. 
    . . conserve fish and wildlife populations and habitats in their 
    natural diversity including, but not limited to, moose, bears, mountain 
    goats, Dall sheep, wolves and other furbearers, salmonids and other 
    fish, waterfowl and other migratory and nonmigratory birds'', [Alaska 
    National Interest Lands Conservation Act (ANILCA),16 U.S.C. 140hh-3233, 
    43 U.S.C. 1602-1784]. By regulation, we limited this emergency action 
    to 30 days in duration.
        Following the closure in 1995, the Refuge Manager prepared an 
    environmental assessment (EA), with full public involvement, to analyze 
    the management alternatives for the Moose Range Meadows access 
    easements (obtain copies of the EA from the Refuge Manager). Through 
    the EA process, we selected a management alternative that would 
    permanently close the easements
    
    [[Page 14152]]
    
    on a seasonal basis. We instituted a temporary closure during the peak 
    use season of 1996 pursuant to 50 CFR 36.42 as an interim management 
    measure. This rulemaking action is a necessary part of implementing the 
    preferred alternative to make permanent the seasonal use closure.
        In the March 18, 1998, issue of the Federal Register (63 FR 13158-
    13161) we published a proposed rulemaking and invited public comment on 
    these regulations and received no public comments during the 60-day 
    comment period.
        The seasonal closure will be in effect on the 25-foot wide 
    streamside easements on both banks of the Kenai River, and on the 25-
    foot wide access easements running from Funny River Road and Keystone 
    Drive to the downstream ends of the stream side easements on the south 
    and north banks of the River, respectively. This closure will affect 
    approximately three miles of stream side easements (two miles on the 
    north bank and one mile on the south bank) and an additional one mile 
    of access easements. T. 4 N.; R. 10 W.; Sections 1, 2, and 3; and 
    Seward Meridian contains lands affected by this action. Maps of the 
    affected area are available from the Refuge Manager.
    
    Statutory Authority
    
        The National Wildlife Refuge System Administration Act (NWRSAA) of 
    1966, (16 U.S.C. 668dd-668ee), and the Refuge Recreation Act (RRA) of 
    1962, (16 U.S.C. 460k-460k-4) govern the administration and public use 
    of national wildlife refuges.
        The National Wildlife Refuge System Improvement Act of 1997 (Pub.L. 
    105-57) is the latest amendment to the NWRSAA. It amends and builds 
    upon the NWRSAA in a manner that provides an improved ``Organic Act'' 
    for the Refuge System similar to those which exist for other public 
    lands. It serves to ensure that we effectively manage the System as a 
    national system of lands, waters and interests for the protection and 
    conservation of our nation's wildlife resources. The NWRSAA states 
    first and foremost that the mission of the System focus on conservation 
    of fish, wildlife, and plant resources and their habitat. This Act 
    prevents the Secretary from initiating or permitting a new use of a 
    refuge or expanding, renewing, or extending an existing use of a 
    refuge, unless the Secretary has determined that the use is a 
    compatible use and that the use is not inconsistent with public safety.
        The RRA authorizes the Secretary to administer areas within the 
    System for public recreation as an appropriate incidental or secondary 
    use only to the extent that it is practicable and not inconsistent with 
    the primary purpose(s) for which we established the areas. This Act 
    requires that any recreational use of refuge lands be compatible with 
    the primary purposes for which we established the refuge and not 
    inconsistent with other previously-authorized operations.
        The Alaska National Interest Lands Conservation Act of 1980, (16 
    U.S.C. 140hh-3233), (43 U.S.C. 1602-1784) (ANILCA), requires that we 
    administer national wildlife refuges in Alaska in accordance with the 
    laws governing the administration of the System. Section 304 of ANILCA 
    adopted the compatibility standard of the Refuge Administration Act for 
    Alaska refuges. When determining appropriate public uses of Alaska 
    refuges, the refuge manager must find the use or uses compatible.
        The NWRSAA establishes the same standard of compatibility for 
    Alaska refuges as for other national wildlife refuges, but it 
    specifically requires that ANILCA take precedence if any conflict 
    arises between the two laws. Additionally, the provisions of ANILCA are 
    the primary guidance refuge managers should use when examining 
    compatibility issues regarding subsistence use. We may alter the 
    compatibility process in some cases for Alaska refuges to include 
    additional procedural steps such as when reviewing applications for oil 
    and gas leasing on non-North-Slope lands (ANILCA Sec. 1008) and for 
    applications for transportation or utility corridors (ANILCA Sec. 
    1104).
        Section 22(g) of the Alaska Native Claims Settlement Act provides 
    that patents issued for the land within the boundaries of a refuge 
    existing on December 18, 1971, the date of Act signing, are subject to 
    laws and regulations governing the use and development of such refuges. 
    This includes application of the compatibility standard before uses or 
    development may occur on the land.
        Alaska refuges established before the passage of ANILCA have two 
    sets of purposes. Purposes for pre-ANILCA refuges (in effect on the day 
    before the enactment of ANILCA ) remain in force and effect, except to 
    the extent that they may be inconsistent with ANILCA or the Alaska 
    Native Claims Settlement Act, in which case the provisions of those 
    Acts apply. However, the original purposes apply only to those portions 
    of the refuge established by executive order or public land order, and 
    not to those portions of the refuge added by ANILCA.
        The NWRSAA, and the RRA, also authorize the Secretary to issue 
    regulations to carry out the purposes of the Acts and regulate uses.
        This rule regulates public use of our managed easements in a manner 
    that is compatible with Refuge purposes as defined in section 303(4)(B) 
    of ANILCA. We further determined that this action is in accordance with 
    the provisions of all applicable laws, is consistent with principles of 
    sound fish and wildlife management, helps implement Executive Orders 
    12996 (Management and Public Use of the National Wildlife Refuge 
    System) and 12962 (Recreational Fisheries) and is otherwise in the 
    public interest by regulating recreational opportunities at national 
    wildlife refuges. Sufficient funds will be available within the refuge 
    budgets to operate the hunting and sport fishing programs.
    
    Summary of Public Involvement
    
        The public frequently has focused on the local area where land 
    interests are centered. On February 20, 1996 we conducted a workshop-
    style public meeting in Soldotna, Alaska. Thirty people attended the 
    discussions; an additional 15 provided written views. We incorporated 
    the information received into an environmental assessment and mailed 
    the EA to those meeting participants requesting a copy. Fourteen 
    persons responded to the assessment with written comments which we 
    considered in the preparation of the decision document. Eleven of those 
    14 persons writing had property interests affected by the proposed 
    closure.
        We published the resulting proposed rule in the Federal Register on 
    March 18, 1998 (63 FR 13158), with a 60-day comment period, and on 
    March 19, 1998 held a public meeting attended by approximately fifty 
    people in Soldotna. Two attendees provided testimony in opposition to 
    the closure because we were terminating their customary fishing access. 
    We received no specific recommendations for changing the proposed rule 
    nor did we receive written responses to the proposed rule during the 
    60-day public review.
        In adopting the President's ``plain language'' mandate, we have 
    revised ``(7) Other Public Uses'' to incorporate plain language changes 
    without modifying the substance of the previous restrictions. We 
    included the substantive changes discussed in this preamble in this 
    effort.
    
    [[Page 14153]]
    
    Regulatory Planning and Review (E.O. 12866)
    
        This document is not a significant rule subject to Office of 
    Management and Budget review under Executive Order 12866. See 
    explanation under Regulatory Flexibility Act.
        1. This rule will not have an effect of $100 million or more on the 
    economy. It will not adversely affect in a material way the economy, 
    productivity, competition, jobs, the environment, public health or 
    safety, or State, local, or tribal governments or communities. See 
    explanation under Regulatory Flexibility Act.
        2. This rule will not create a serious inconsistency or otherwise 
    interfere with an action taken or planned by another agency. See 
    explanation under Regulatory Flexibility Act.
        3. This rule does not alter the budgetary effects or entitlements, 
    grants, user fees, or loan programs or the rights or obligations of 
    their recipients. See explanation under Regulatory Flexibility Act.
        4. This rule does not raise novel legal or policy issues. See 
    explanation under Regulatory Flexibility Act.
    
    Regulatory Flexibility Act
    
        This rulemaking will not have a significant economic impact on a 
    substantial number of small entities by decreasing visitation and 
    expenditures in the surrounding area of Kenai NWR. This is not a 
    fishing closure and the same number of anglers will continue to fish 
    the Kenai River. They will simply access the river in a different 
    location.
        Since the first emergency closure in 1995, public use has continued 
    to increase. Many of these people are local or own summer homes along 
    the river. They will continue to pay for fishing licenses, magazines, 
    membership dues, contributions, land leasing, ownership, stamps, tags, 
    permits, and tackle.
        We calculated economic impacts of refuge fishing programs on local 
    communities from average expenditures in the 1996 National Survey of 
    Fishing, Hunting, and Wildlife-Associated Recreation. In 1996, 35.2 
    million U.S. residents 16 years old and older enjoyed a variety of 
    fishing opportunities throughout the United States. Anglers fished 626 
    million days and took 507 million fishing trips. They spent almost $38 
    billion on fishing-related expenses during the year. Among the 29.7 
    million freshwater anglers, including those who fished in the Great 
    Lakes, but not Alaska, 515 million days were spent and 420 million 
    trips were taken freshwater fishing. Freshwater anglers spent $24.5 
    billion on freshwater fishing trips and equipment.
        Saltwater fishing attracted 9.4 million anglers who enjoyed 87 
    million trips on 103 million days. They spent $8.1 billion on their 
    trips and equipment. Trip-related expenditures for food, lodging, and 
    transportation were $15.4 billion; equipment expenditures amounted to 
    $19.2 billion; other expenditures such as those for magazines, 
    membership dues, contributions, land leasing, ownership, licenses, 
    stamps, tags, and permits accounted for $3.2 billion, or 19.2 percent 
    of all expenditures. Overall, anglers spent an average of $41 per day 
    in the lower 48 states and projecting a 25 percent cost of living 
    increase for Alaska, spent an average of $51 per day in Alaska.
        Five hundred angler-days, based on past creel surveys in the 
    closure areas, will continue to have the same economic impact ($51./
    angler-day) on local economies because these anglers that used the 
    closure area will continue to purchase supplies, food or lodging in the 
    area of the refuge, during the time of the closure resulting in a 
    continuation of $25,500 to the local economy.
        We certify that this document will not have a significant economic 
    effect on a substantial number of small entities such as businesses, 
    organizations and governmental jurisdictions in the area under the 
    Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.).
    
    Small Business Regulatory Enforcement Fairness Act (SBREFA)
    
        This rule is not a major rule under 5 U.S.C. 804(2), the Small 
    Business Regulatory Enforcement Fairness Act. See explanation under 
    Regulatory Flexibility Act.
    
    Unfunded Mandates Reform Act
    
        This rule does not impose an unfunded mandate on State, local, or 
    tribal governments or the private sector of more than $100 million per 
    year. The rule does not have a significant or unique effect on State, 
    local, or tribal governments or the private sector. See explanation 
    under Regulatory Flexibility Act determination. A statement containing 
    the information required by the Unfunded Mandates Reform Act (2 U.S.C. 
    1531 et seq.) is not required.
    
    Takings (E.O. 12630)
    
        In accordance with Executive Order 12630, the rule does not have 
    significant takings implications. We have determined that the rule has 
    no potential takings of private property implications as defined by 
    Executive Order 12630. See explanation under Regulatory Flexibility Act 
    analysis.
    
    Federalism (E.O. 12612)
    
        In accordance with Executive Order 12612, the rule does not have 
    sufficient federalism implications to warrant the preparation of a 
    Federalism Assessment. It will not have substantial direct effects on 
    the States, in their relationship between the Federal Government and 
    the States, or on the distribution of power and responsibilities among 
    the various levels of government.
    
    Civil Justice Reform (E.0. 12988)
    
        In accordance with Executive Order 12988, the Office of the 
    Solicitor has determined that this rule does not unduly burden the 
    judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
    of the Order.
    
    Paperwork Reduction Act
    
        We have examined this regulation under the Paperwork Reduction Act 
    of 1995 and found it to contain no new information collection 
    requirements for which OMB approval is required. We have not changed 
    the information relating to permits, and you may find it in Sec. 36.3 
    with OMB approval number 1018-0014.
    
    National Environmental Policy Act
    
        The rule does not constitute a major Federal action significantly 
    affecting the quality of the human environment. We complied with the 
    National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)) by 
    completing an environmental assessment following the emergency fishing 
    closure in 1995. On May 9, 1996, we signed a Decision Notice and 
    Finding of No Significant Impact. You may obtain copies of the EA from 
    the Kenai National Wildlife Refuge, P.O. Box 2139, Soldotna, Alaska 
    99669; telephone: (907) 262-7021. NEPA requires no further 
    documentation.
    
    Section 7 Consultation (16 U.S.C. 1531 et seq., 50 CFR 402)
    
        We reviewed the opening package documents for the seasonal closure 
    of the Moose Range Meadows public access easements in the Kenai 
    National Wildlife Refuge with regards to Section 7 of the Endangered 
    Species Act of 1973 (16 U.S.C. 1531-1543). There are no known listed or 
    candidate species present in this area of the refuge. We find the 
    action as presented will not jeopardize the continued existence of any 
    endangered species or threatened species or result in the destruction 
    or adverse modification of habitat of such species.
    
    [[Page 14154]]
    
    Primary Author
    
        Mark Chase, Deputy Refuge Manager of the Kenai National Wildlife 
    Refuge, is the primary author of this rulemaking document.
    
    List of Subjects in 50 CFR Part 36
    
        Alaska, Recreation and recreation areas, Reporting and 
    recordkeeping requirements, Wildlife refuges.
    
        Accordingly, we amend part 36 of chapter I of title 50 of the Code 
    of Federal Regulations as follows:
    
    PART 36--[AMENDED]
    
        1. The authority citation for part 36 continues to read as follows:
    
        Authority: 5 U.S.C. 301; 16 U.S.C. 460(k) et seq., 668dd-668ee, 
    742(a) et seq., 3101 et seq.; and 44 U.S.C. 3501 et seq.
    
        2. Revise Sec. 36.39 (i)(7) to read as follows:
    
    
    Sec. 36.39  Public use.
    
    * * * * * *
        (i) * * *
        (7) What do I need to know about other public uses on Kenai 
    National Wildlife Refuge? (i) What are the camping restrictions? We 
    allow camping subject to the following restrictions:
        (A) Camping may not exceed 14 days in any 30-day period anywhere on 
    the refuge.
        (B) Campers may not spend more than two consecutive days at the 
    Kenai-Russian River access area, more than seven consecutive days at 
    Hidden Lake Campground, or more than seven consecutive days in refuge 
    shelters.
        (C) Within developed campgrounds, camp only in designated areas and 
    use open fires only in portable, self-contained, metal fire grills, or 
    fire grates provided by us.
        (D) Do not camp within \1/4\ mile of the Sterling Highway, Ski 
    Hill, or Skilak Loop roads except in designated campgrounds.
        (E) Campers may cut only dead and down timber for campfire use.
        (F) Pets must be on a leash no longer than nine feet in developed 
    campgrounds.
        (ii) May I cut and remove timber? You may remove timber, including 
    the cutting of firewood for home use, only if you have obtained a 
    special use permit from the Refuge Manager.
        (iii) May I leave personal property on the refuge? Yes, however, if 
    you leave personal property unattended for longer than 72 hours outside 
    of a designated area, obtain a special use permit from the Refuge 
    Manager.
        (iv) If I find research marking devices, what do I do? Turn in all 
    radio transmitters, neck and leg bands, ear tags, or other research 
    marking devices recovered from wildlife to the Refuge Manager or the 
    Alaska Department of Fish and Game within five days after recovery.
        (v) May I use non-motorized wheeled vehicles on the refuge? Yes, 
    but only on refuge roads designated and open for public vehicular 
    access.
        (vi) May I use motorized equipment on the refuge? You may not use 
    motorized equipment, including but not limited to chainsaws, 
    generators, and auxiliary power units, within the Kenai Wilderness, 
    except snowmobiles, airplanes and motorboats in designated areas.
        (vii) Must I register to canoe on the refuge? Only canoeists on the 
    Swanson River and Swan Lake Canoe Routes must register at entrance 
    points. Maximum group size is 15 persons.
        (viii) Are any areas of the refuge closed to public use? (A) We 
    close rock outcrop islands in Skilak Lake used by nesting cormorants 
    and gulls and the adjacent waters within 100 yards to public entry and 
    use from March 15 to September 30. You may obtain maps showing these 
    areas from the Refuge Manager.
        (B) From July 1 to August 15 the public may not use or access any 
    portion of the 25-foot wide public easements along both banks of the 
    Kenai River within the Moose Range Meadows area; or along the Homer 
    Electric Association Right-of-Way from Funny River Road and Keystone 
    Drive to the downstream limits of the streamside easements. You may 
    obtain maps showing these closed areas from the Refuge Manager by 
    referring to Sections 1, 2, and 3 of Township 4 North, Range 10 West, 
    Seward Meridian.
    * * * * *
        Dated: January 24, 1999.
    Donald J. Barry,
    Assistant Secretary for Fish and Wildlife and Parks.
    [FR Doc. 99-6943 Filed 3-23-99; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Effective Date:
4/23/1999
Published:
03/24/1999
Department:
Fish and Wildlife Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
99-6943
Dates:
This rule is effective April 23, 1999.
Pages:
14151-14154 (4 pages)
RINs:
1018-AE58
PDF File:
99-6943.pdf
CFR: (1)
50 CFR 36.39