[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10517]
[[Page Unknown]]
[Federal Register: May 4, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 36
Regulations for the Administration of Special Use Permits on
National Wildlife Refuges in Alaska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Advance notice of proposed rulemaking and request for comments.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice to
the public that it will be developing regulations that will clarify,
update, and add to existing regulations for the administration of
special use permits (permits) on national wildlife refuges (refuges) in
Alaska. These changes will include but not be limited to: Permit
application, denial, and appeal procedures; permit fees; and the
process for issuing permits where a competitive selection process is
used to select the permit holder (e.g., big game guide-outfitters).
DATES: Comments must be received on or before July 5, 1994.
ADDRESSES: Comments should be addressed to: U.S. Fish and Wildlife
Service, Regional Director, Attention: Daryle R. Lons, 1011 E. Tudor
Road, Anchorage, Alaska 99503.
FOR FURTHER INFORMATION CONTACT: Daryle R. Lons at the above address;
telephone 907-786-3361.
SUPPLEMENTARY INFORMATION: The Alaska National Interest Lands
Conservation Act of 1980 (ANILCA) (43 U.S.C. 1602-1784), the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-
668ee), and the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4)
authorize the Secretary of the Interior to prescribe regulations as
necessary to administer permits for compatible activities on refuges in
Alaska.
The current regulations governing issuance of permits on refuge
units in Alaska, codified at 50 CFR 36.41, were originally published in
the Federal Register at 46 FR 40192 on August 7, 1981, and later
amended at 51 FR 44794 on December 12, 1986. Since that time, the
permit administration program on refuges in Alaska has continued to
evolve. The purpose of the proposed regulations is to provide up-to-
date guidance to both commercial users and Service employees for the
administration of permits in Alaska. Prior to promulgating these
revised regulations, the Service will be reviewing its existing permit
administration program and will be proposing revisions based on over 12
years of experience with the program and the implementation of ANILCA.
The evolution of the program for administering permits has been
influenced by a number of factors since the original regulations were
promulgated. One factor has been the increased public awareness and
understanding of the need for securing permits prior to engaging in
many activities on refuges in Alaska.
Another factor is the November 1984 Inspector General's Audit
Report that found that the Service was not collecting fees which were
commensurate with the value of the commercial activities authorized.
This audit resulted in the Service developing a fee schedule based on
client use days instead of charging a fixed $100 administrative fee for
all permits regardless of the scope of income generated by the
commercial permittee.
Another event causing a significant impact on refuge permit
administration in Alaska was the decision of the Alaska Supreme Court
in Owsichek v. State Guide Licensing and Control Board, 763 P.2d 488
(Alaska, 1988). That ruling found the State's system of assigning
exclusive guide areas unconstitutional. Prior to this ruling, the
Service had depended upon the State's system for selecting and
assigning guides to areas which were located within refuge lands. In an
attempt to allow the State an opportunity to develop a constitutionally
acceptable system, and one which would satisfy Service needs, the
Service imposed a moratorium on the issuance of permits to new guide
applicants. This effectively limited the availability of permits to
those who were guiding at the time of the 1988 court ruling.
After some time, the Service decided to develop its own interim
program in order to provide an equal opportunity for all registered big
game guide-outfitters to compete for permits. During late 1991 and
early 1992, the Service proposed an interim system to select big game
guide-outfitters. After soliciting public comment on the system, and
making revisions based on substantive comments, an interim program was
implemented in June 1992. Requests for proposals were then solicited
and applicants were notified of selections in January 1993. Successful
applicants were awarded 5-year permits effective July 1, 1993.
It now appears that the State may not be able to implement a
satisfactory system for the selection of guide-outfitters prior to the
expiration of the 5-year permits the Service issued in 1993.
Accordingly, the Service proposes to initiate development of
regulations related to the big game guide-outfitter program and include
them in the revised regulations pertaining to the general
administration of permits in Alaska (50 CFR 36.41).
The Service has identified several issues at this preliminary stage
for which it invites public comment:
(1) Is the existing 180 day period allowed for filing appeals of
adverse decisions on permits appropriate in this instance? Should a
separate appeal system be developed which speaks directly to big game
guide-outfitters?
(2) To what extent should the existing interim system for selecting
big game guide-outfitters be made part of the regulations?
(3) If the State develops a selection system that meets Service
requirements, should provision be made for the suspension of the
Service permit selection system?
Comments on the foregoing issues, as well as other related aspects
of this process, are encouraged. The Service will follow this comment
period with the publication of a proposed rule which will allow, also,
for additional comments prior to publication of a final rule.
Dated: April 1, 1994.
Mollie H. Beattie,
Director.
[FR Doc. 94-10517 Filed 5-3-94; 8:45 am]
BILLING CODE 4310-55-P
