[Federal Register Volume 63, Number 52 (Wednesday, March 18, 1998)]
[Proposed Rules]
[Pages 13158-13161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6915]
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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: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes to 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). Public access and use will be prohibited on the Service-
managed easements from July 1 through August 15 annually.
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
River's famous anadromous and resident fish populations and in meeting
the primary purpose of the Refuge.
DATES: Written comments must be received by May 18, 1998.
[[Page 13159]]
ADDRESSES: Written comments should be addressed to Regional Director,
U.S. Fish and Wildlife Service, ATTN: Bob Stevens, 1011 E. Tudor Road,
Anchorage, AK 99503.
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
The Service manages two public use easements on the banks of the
Kenai River within lands conveyed to the Salamatof Native Association,
Inc. The easements were reserved under terms of the August 17, 1979,
stipulated settlement agreement between the United States, Cook Inlet
Region Inc., and Salamatof Native Association Inc. The subject
easements were reserved ``* * * 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 * * *'' In addition, two access easements were also
reserved from existing roadways to the river bank easements under the
same agreement. Use of the two access easements was limited 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
led 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 Service 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), Pub. L. 96-487, 94
Stat. 2371, 2391, Section 303(4)(B)(i)]. By regulation, this emergency
action was limited 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 (copies of the EA may be obtained from the Refuge Manager).
Through the EA process, the Service selected a management alternative
that would permanently close the easements on a seasonal basis. A
temporary closure during the peak use season of 1996 was instituted
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.
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. 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 would be
affected by this closure. Lands affected by this action are contained
within T. 4 N.; R. 10 W.; Sections 1, 2, and 3; Seward Meridian. Maps
of the affected area are available from the Refuge Manager.
Statutory Authority
The Refuge Recreation Act of 1962 (16 U.S.C. 460k-k-4) authorizes
the Secretary to administer such areas for public recreation as an
appropriate incidental or secondary use only to the extent that it is
practicable and not inconsistent with the primary purposes for which
the area was established.
The National Wildlife Refuge System Administration Act (NWRSAA) of
1966 (16 U.S.C. 668 dd-ee) as amended, authorizes the Secretary under
such regulations as he/she may prescribe to permit the use of any area
within the National Wildlife Refuge System for any purpose whenever he/
she determines that such uses are compatible with the major purposes
for which such areas were established.
The National Wildlife Refuge System Improvement Act (NWRSIA) of
1997 (Pub. L. 105-57) amends and builds upon the NWRSAA in a manner
that provides a strong and singular wildlife conservation mission for
the Refuge System; it includes a requirement:
To maintain the biological integrity, diversity and
environmental health of the System;
That no refuge use may be allowed unless it is first
determined to be compatible; and
That wildlife-dependent recreational uses (including
hunting, fishing, wildlife observation and photography, and
environmental education and interpretation), when determined to be
compatible, will receive priority consideration over other public uses
in refuge planning and management.
The NWRSIA serves to ensure that the Refuge System is effectively
managed as a national system of lands, waters and interests for the
protection and conservation of our nation's wildlife resources;
however, if any conflict arises between any provision of NWRSIA and any
provision of the ANILCA, then the provision in the ANILCA shall
prevail.
Section 304 of ANILCA requires the Secretary to impose such terms
and conditions as may be necessary and appropriate to ensure that any
activities carried out on a national wildlife refuge in Alaska under
any authority are compatible with the purposes of the Refuge.
The RRA, NWRSAA and NWRSIA and ANILCA authorize the Secretary to
issue regulations to carry out the purposes of the Acts and regulate
uses.
This rule is being proposed to manage public use of Service managed
easements in a manner that is compatible with Refuge purposes as
defined in section 303(4)(B) of ANILCA. The Service 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.
Request for Comments
A public hearing on this proposed rule was advertised in Alaska and
held on March 19, 1997, at the Kenai Peninsula Borough building in
Soldotna, Alaska. Department of Interior policy is, wherever
practicable, to afford the public a meaningful opportunity to
participate in the rulemaking process. A 60-day comment period is
specified in
[[Page 13160]]
order to both facilitate public input and move forward to protect
important refuge resources. Accordingly, interested persons may submit
written comments concerning this proposed rule to the persons listed
above under the heading ADDRESSES. All substantive comments will be
reviewed and considered.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq., 5 CFR Part
1320, Pub. L. 04-13)
These proposed regulations have been examined under the Paperwork
Reduction Act of 1995 and have been found to contain no information
collection requirements.
Executive Order 12866
The document is not a significant rule subject to Office of
Management and Budget review under Executive order 12866.
Regulatory Flexibility Act determination (5 U.S.C. 601 et seq.)
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 the 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.
Economic impacts of refuge fishing programs on local communities
are calculated 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
proposed 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.
The Department of the Interior certifies 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.).
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq., Pub.
L. 104-4, E.O. 12875)
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not
impose a cost of $100 million or more in any given year on local or
State governments or private entities.
Civil Justice Reform (E.O. 12988)
The Department has determined that this proposed regulation meets
the applicable standards provided in Sections 3(a) and 3(b)(2) of
Executive Order 12988.
National Environmental Policy Act (42 U.S.C. 4321 et seq., 40 CFR
Part 1500, 516 DM)
The Service 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, a Decision Notice and Finding of No Significant Impact was
signed. Copies of the EA may be obtained from the Kenai National
Wildlife Refuge, P.O. Box 2139, Soldotna, Alaska 99669; telephone:
(907) 262-7021. No further documentation is required by the National
Environmental Policy Act (42 U.S.C. 4321-4347).
Section 7 Consultation (16 U.S.C. 1531 et seq., 50 CFR 402)
The Service reviewed the opening package documents for the proposed
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
listed or candidate species present in this area of the refuge. The
Service finds 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.
Intergovernmental Review of Federal Programs (E.O. 12372, 43 CFR
Part 9, and the Intergovernmental Cooperation Act of 1968)
The Service reviewed this rule under E.O. 12372 and accommodated
the recommendations of State and local governments concerning Federal
programs affecting their jurisdictions.
Primary Author
Mark Chase, Deputy Refuge Manager of the Kenai National Wildlife
Refuge, is the primary author of this proposed rulemaking document.
List of Subjects in 50 CFR Part 36
Alaska, Recreation and recreation areas, Reporting and
recordkeeping requirements, Wildlife refuges. Accordingly, the Service
proposes to amend part 36 of chapter I of title 50 Code of Federal
Regulations as follows:
PART 36--[AMENDED]
1. The authority citation for Part 36 is revised to read as
follows:
Authority: 16 U.S.C. 460(k) et seq., 668dd et seq., 742(a) et
seq., 3101 et seq.; and 44 U.S.C. 3501 et seq.
2. Amend Sec. 36.39 by adding paragraph (i)(7)(ix) to read as
follows:
Sec. 36.39 Public Use.
* * * * *
(i) * * *
(7) * * *
(ix) From July 1 to August 15, and annually thereafter, 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. The
[[Page 13161]]
Kenai Refuge Manager has a map available for anglers and the general
public to locate the above closures by referring to Sections 1, 2, and
3 of Township 4 North, Range 10 West, Seward Meridian.
* * * * *
Dated: March 2, 1998.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-6915 Filed 3-17-98; 8:45 am]
BILLING CODE 4310-55-M
