[Federal Register Volume 60, Number 14 (Monday, January 23, 1995)]
[Proposed Rules]
[Pages 4394-4395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1576]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC28
Pictured Rocks National Lakeshore; Hunting Closure
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS), Pictured Rocks National
Lakeshore, is proposing regulations closing developed and high visitor
use areas of the lakeshore to hunting in the interest of public safety.
Hunting in such developed and high visitor use areas can constitute a
hazard to the safety of the visiting public. The NPS solicits comments
from the public, including hunters, on the proposal.
DATES: Comments are requested by March 24, 1995.
ADDRESSES: All comments should be addressed to the Superintendent,
Pictured Rocks National Lakeshore, P.O. Box 40, Munising, Michigan
49862.
FOR FURTHER INFORMATION CONTACT:
Larry Hach, Chief of Visitor Services and Land Management, Pictured
Rocks National Lakeshore, P.O. Box 40, Munising, MI 49862. Telephone
(906) 387-2607.
SUPPLEMENTARY INFORMATION:
Background
Pictured Rocks National Lakeshore's legislative authority, Public
Law 89-668 (80 Stat. 922), states ``The Secretary, after consultation
with the Michigan Department of Conservation, may designate zones and
establish periods where and when no hunting shall be permitted for
reasons of public safety, administration, or public use and
enjoyment.'' Pictured Rocks National Lakeshore has already consulted
with the Michigan Department of Natural Resources on this issue, as
well as with other interested groups including the Michigan United
Conservation Clubs, areas hunters, and other interested local
individuals.
The National Park Services' Management Guidelines (specifically
Chapter 8, ``Use of the Parks'') state that the protection of park
visitors and providing for visitor safety is a primary goal of park
management, and that the Service may establish regulations or closures
that are more restrictive than applicable state regulations based on a
finding that such restrictions are necessary for public safety,
resource protection, or visitor enjoyment. With the increased number of
visitors to the lakeshore in recent years (CY 93 visitation was
613,000), and the increase of hunting activities within lakeshore
boundaries, conflicts between hunters and non-hunters could directly
affect the safety of the visiting public in the developed areas.
Options Considered
According to the park's enabling legislation, hunting in the
lakeshore is managed according to the State of Michigan's Department of
Natural Resources' hunting regulations and those specific regulations
contained in the Superintendent's Compendium, which prohibits
spotlighting in accordance with 36 CFR 2.2(e). Continuing under the
existing guidelines is dangerous from a safety point of view. A total
ban on hunting is neither practical nor necessary. This proposed
limited closure is in accordance with stated overall management
objectives.
Effects of Revision
Much of the high public use area at the western end of the
lakeshore is situated within the corporate limits of the City of
Munising in which the discharge of a firearm is already prohibited.
The lakeshore's developed areas, such as campgrounds, parking lots,
and overlooks, are heavily used by the visiting public. Hunting in such
heavily used areas constitutes a hazard to the safety of the visiting
public. State of Michigan regulations already prohibit hunting within
150 yards of occupied dwellings and associated structures for similar
public safety reasons. State regulations currently permit hunting
within road rights-of-way (ROW's), but because of the heavy volume of
traffic on NPS owned roads within the lakeshore, hunting within these
ROW's is not conducive to the promotion of visitor safety and
enjoyment.
The heaviest public use period for the lakeshore occurs between
April 1 and Labor Day when the lakeshore receives approximately 73% of
its annual [[Page 4395]] visitation. During this period, the proposed
regulation would prohibit hunting within the park, as it is now done in
Michigan State Parks.
The NPS proposal would clarify the lakeshore hunting closure areas
as follows:
1. Sand Point area: All that portion of Sand Point described as the
area below the top of the bluff in Sections 19 and 30, T47N, R18W, and
that area situated within the corporate limits of the City of Munising,
including the Sand Point Road.
2. Developed Public Use Areas:
a. The area within 150 yards of any campsite located within the
Little Beaver, Twelvemile Beach, and Hurricane River Campground (upper
and lower).
b. The developed areas of Miners Castle, Chapel Basin, Au Sable,
Log Slide, Grand Sable Lake, Sable Falls, Grand Sable Visitor Center,
Grand Marais Quarters, and Coast Guard Point. Within these areas,
hunting would be closed 150 yards from any overlook, vehicle parking
lot, or visitor use building and within 100 feet of certain trails,
platforms, and the centerline of NPS owned roadways.
3. Hunting would be prohibited parkwide during the period of April
1 through Labor Day in keeping with existing state park prohibitions.
Public Participation
The NPS solicits comments and information from all segments of the
public, including hunters and other park users with an interest in this
area, on recommended ways in which to promote public safety and
enjoyment in accordance with the above discussion.
Persons submitting comments based on the above discussion should
identify clearly and specifically the aspects of hunting closures that
they feel should or should not be regulated and how. Specific reasons
should be provided to support such recommendations.
All comments received by the NPS at the address and by the date
listed above will be considered in the development of any proposed
regulations.
Drafting Information
The author of these regulations is Larry Hach, Chief of Visitor
Services and Land Management, Pictured Rocks National Lakeshore.
Paperwork Reduction Act
This revision does not contain information collection requirements
that require approval by the Office of Management and Budget under 44
U.S.C. 3501 et seq.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of Interior certifies that
this document will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). The economic effects of this rule-making
are local in nature and negligible in scope.
The National Park Service has determined that this proposed
revision will not have a significant effect on the quality of the human
environment, health and safety because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) Introduce non-compatible uses which might compromise the nature
and characteristics of the area, or cause physical damage to it;
(c) Conflict with adjacent ownerships or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based upon this determination, the proposed revision is
categorically excluded from the procedural requirements of the National
Environmental Policy Act (NEPA) by Departmental regulations in 516 DM
6, (49 FR 21438). As such, neither an Environmental Assessment nor an
Environmental Impact Statement has been prepared.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, it is proposed to amend 36 CFR
Chapter I as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority citation for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).
2. Section 7.32 is amended by adding paragraph (c) to read as
follows:
Sec. 7.32 Pictured Rocks National Lakeshore.
* * * * *
(c) Hunting. The following Lakeshore areas are closed to hunting:
(1) Sand Point area. All that portion of Sand Point described as
the area below the top of the bluff in Sections 19 and 30, T47N, R18W,
and that area situated within the corporate limits of the City of
Munising, including the Sand Point Road.
(2) Developed public use areas. (i) The area within 150 yards of
any campsite located within the Little Beaver, Twelvemile Beach, and
Hurricane River Campground (upper and lower).
(ii) The developed areas of Miners Castle, Chapel Basin, Au Sable,
Log Slide, Grand Sable Lake, Sable Falls, Grand Sable Visitor Center,
Grand Marais Quarters, and Coast Guard Point. Within these areas,
hunting is prohibited within 150 yards of any overlook, vehicle parking
lot, or visitor use building and within 100 feet of certain trails,
platforms, and the centerline of NPS owned roadways.
(3) Hunting season. Hunting is prohibited parkwide during the
period of April 1 through Labor Day in accordance with existing State
Park hunting prohibitions.
Dated: November 9, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-1576 Filed 1-20-95; 8:45 am]
BILLING CODE 4310-70-M
