[Federal Register Volume 60, Number 178 (Thursday, September 14, 1995)]
[Rules and Regulations]
[Pages 47701-47703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22747]
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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: Final rule.
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SUMMARY: This rule closes certain developed and high visitor use areas
of the lakeshore to hunting in the interest of public safety. Hunting
in these developed and high visitor use areas constitutes a hazard to
the safety of the visiting public.
EFFECTIVE DATE: This final rule becomes effective October 16, 1995.
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, area hunters, and other interested local
individuals.
The National Park Service's 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 amount of
visitors to the lakeshore in recent years (CY 94 visitation was
583,131) and the increase of hunting activities within lakeshore
boundaries, an increased possibility exists of hazards to the safety of
the public due to hunting activity in the developed and high visitor
use areas.
Hunting in the lakeshore is managed according to the State of
Michigan Department of Natural Resources hunting regulations, Federal
migratory waterfowl regulations, and those specific hunting regulations
contained in the Superintendent's Compendium (Orders). Continuing under
the existing guidelines is dangerous from a safety point of view. At
the same time, a total ban on hunting is neither practical nor
necessary. This limited hunting closure is in accordance with stated
overall management objectives for the administration of lands of the
National Park System.
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 where 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. While State of Michigan regulations currently permit hunting
within road rights-of-way (ROW's), the heavy volume of traffic on
National Park Service (NPS)-owned paved roads within the lakeshore
makes hunting within these ROW's 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 percent of its annual visitation. During this
period, the regulation would prohibit hunting within the lakeshore.
On January 23, 1995, the NPS published proposed regulations that
would close developed and high visitor use areas of the lakeshore to
hunting in the interest of public safety (60 FR 4394). Public comment
was invited. The comment period closed March 24, 1995.
Summary of Comments Received
During the public comment period, the NPS received eight written
comments regarding the proposed rule. Four comments supported the
closures, some asking for increased closures. Four were opposed to the
closures, either in part or in whole. An analysis was made of the
public comments. After considering all public comments, the NPS has
decided to proceed with a final rule on the hunting closures.
A summary of specific comments by broad subject and the agency's
response to these comments follows.
1. Comment: Hunting closure areas are already restricted to hunting
by local or state regulations. A few respondents felt that the closure
areas were already restricted to hunting activities by current local or
state regulations. They felt that peak hunter density never exceeds a
fraction of a hunter per square mile and there has never been an
accident in the lakeshore involving hunters.
Response: A City of Munising ordinance prevents the discharge of a
firearm within the city limits. However, the city does not enforce this
ordinance in the forested areas of the lakeshore, within the city
limits. Because the lakeshore does not have the authority to enforce
the city's ordinance, it goes unenforced. Each year hunting activity
takes place in the Becker Field, Munising ski trails and on Sand Point.
All of these areas are within the city limits of Munising.
Michigan DNR hunting regulations define a Safety Zone within 450
feet of occupied dwellings (residences) or associated buildings. This
regulation has no correlation to the developed public use areas of the
lakeshore, such as drive-in campgrounds, overlooks, parking lots or
other high use visitor buildings. Despite heavy public use, none of
these lakeshore facilities serve as a ``dwelling or associated
building.'' The DNR regulation, therefore, does not apply.
While State of Michigan regulations currently permit hunting within
road rights-of-way, the heavy volume of traffic on NPS-owned paved
roads within the lakeshore makes hunting within these ROW's not
conducive to the promotion of visitor safety and enjoyment. Several
conflicts between hunters and non-hunters occur each hunting season
within these ROW's that could directly affect the safety of the
visiting public.
Although there has not been a documented accident in the lakeshore
involving hunting, there have been several documented incidents in each
of the past few years, in the developed areas, involving hunter and
non-hunter contacts signed by one or both parties as constituting a
safety hazard. With the increased number of visitors to the lakeshore,
and the increase of hunting activities within the lakeshore boundaries,
contacts between hunters and non-hunters directly affect the safety of
the visiting public in the developed and high visitor use areas.
Although hunter density per square mile throughout the entire
lakeshore is
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fairly low, having hunting activity in such close proximity to
developed and high visitor use areas constitutes a public safety
hazard.
2. Comment: Impact on hunters by the closured areas. A few
commenters stated that these closures could have minimal impact on
current hunting groups, but were worried about the lakeshore closing
down other areas in the future. They were also concerned that hunters
would not be able to access legal hunting areas through these closure
areas.
Response: There is no guarantee that future developed and high
visitor use lakeshore areas would not be closed to hunting, based on a
finding that such restrictions are necessary for public safety,
resource protection or visitor enjoyment. Future park developments and
visitor areas that attain higher public use could also be closed to
hunting for the same public safety reasons.
The closure areas were closely scrutinized to include only those
areas where hunting restrictions were necessary for public safety. The
closures are not an attempt to slowly close off the entire lakeshore to
hunting because the park's enabling legislation mandates that hunting
shall be permitted in administering the lakeshore. The legislation also
states that, after consultation with the Michigan DNR, the lakeshore
may designate zones and establish periods where and when no hunting
shall be permitted for reasons of public safety.
Hunters would be allowed access to legal hunting areas through the
closure areas, but they could not conduct any hunting while in the
closure areas.
3. Comment: The hunting closure process was handled very openly and
fairly. One respondent stated that the hunting closure process was very
open. The person also appreciated that discussions were held with
various public groups so that the proposal could be tailored to serve
all constituencies fairly.
Response: The lakeshore consulted with the Michigan Department of
Natural Resources on this issue, as well as with other interested
groups, including the Michigan United Conservation Clubs, area hunters
and other local individuals. These various groups were consulted and
kept well informed throughout the entire rulemaking process.
Information gained from these consultations greatly aided in defining
the specific closure areas. Throughout the rulemaking process, treating
all constituencies (general public and hunting groups) fairly was a
high concern of lakeshore management.
4. Comment: A need to postpone the opening hunting date to October
15 or later. One reviewer wanted the opening date for lakeshore hunting
postponed to October 15, rather than the day after Labor Day. He also
felt there was a need to close more than 2 percent of the lakeshore to
hunting during the fall visitor season.
Response: The heaviest public use period occurs between April 1
and Labor Day when the lakeshore receives approximately 73 percent of
its annual visitation. Visitor use after Labor Day decreases
dramatically and contacts rarely occur between hunters and non-hunters
that could affect the safety of the visiting public. Opening the
lakeshore to hunting the day after Labor Day allows hunters to pursue
bear during Michigan's bear hunting season within the Upper Peninsula.
The developed and high visitor use areas of the lakeshore, which
constitute approximately 2 percent of park land, are where an increased
possibility exists of contacts between hunters and non-hunters,
directly affecting the safety of the visiting public. Over the last
several years the lakeshore has witnessed both an increase in total
park visitation and hunting activities. Throughout the rest of the
lakeshore, in the more undeveloped and less used areas, the possibility
of these same safety hazards occurring decreases dramatically.
5. Comment: Expand the hunting closure areas to include other areas
of the lakeshore. Two respondents felt that the proposed closure areas
should also include all backcountry campgrounds, lakeshore hiking
trails and the groomed cross-country ski trails.
Response: The lakeshore's developed areas, such as drive-in
campgrounds, parking lots and overlooks, are the areas most heavily
used by the public. The backcountry areas of the lakeshore, such as
backcountry campgrounds, hiking trails, and cross-country ski trails,
receive only a fraction of the annual visitor use. Hunter/non-hunter
contacts occur very infrequently in the backcountry areas. These
backcountry areas were considered for closure, but the potential hazard
to the safety of the public was considered minimal and insufficient to
warrant closure. The increases in park visitation over the last several
years have occurred primarily in the more developed and high use areas
of the lakeshore. Closing these backcountry areas to hunting would have
little effect on public safety.
6. Comment: Disagreement with the summer hunting closure and
comparing the lakeshore with Michigan State Parks. A few commenters
disagreed with the closing of the lakeshore to hunting from April 1 to
Labor Day. They also felt it was not fair to compare the lakeshore
hunting closure period with that of Michigan State Parks.
Response: The heaviest public use period for the lakeshore occurs
between April 1 and Labor Day, when the lakeshore receives
approximately 73 percent of its annual visitation. There is very little
hunting activity during this period, since the only legal hunting for
game species that can be done is for coyote and for certain animals for
which there is ``no closed season.'' With the high visitor use during
the summer period in the developed areas, even allowing this level of
hunting activity constitutes a public safety hazard.
Michigan DNR hunting regulations close all state parks to hunting
from April 1 through September 14. Michigan State Parks have developed
and high visitor use areas, similar to the national lakeshore, that are
closed to hunting during the summer visitor use season. The lakeshore
closure period would be through Labor Day, to allow for the start of
the Michigan bear hunting season in the Upper Peninsula. This closure
would be similar to Michigan State Park hunting management, with the
exception of opening the national lakeshore to hunting earlier in
September than in the State parks.
State park acreage closed to hunting in developed areas amounts to
less area closed than what would be closed in the lakeshore. This is
primarily due to the fact that most state parks are appreciably smaller
in total land size when compared with the national lakeshore. Pictured
Rocks has more land and therefore more total acreage that would be
closed to hunting for public safety reasons.
Effective Date
The final rule establishes regulations that will close developed
and high visitor use areas of the lakeshore to hunting in the interest
of public safety. The lakeshore will maintain a list of these closed
areas, and specific descriptions of the same, for the information of
the general public. This rule becomes effective 30 days from the date
of publication in the Federal Register.
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 final rule does not contain information collection
requirements that require approval by the Office of
[[Page 47703]]
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 the Interior determined
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 rulemaking
are local in nature and negligible in scope.
The National Park Service has determined that this rulemaking 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 that may 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 land owners or occupants.
Based on this determination, the regulation is categorically
excluded from the procedural requirements of the National Environmental
Policy Act (NEPA; 42 USC 4321, et seq.) and by Departmental guidelines
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 record keeping requirements.
In consideration of the foregoing, 36 CFR chapter I is amended 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 Campgrounds.
(ii) The area within 150 yards of the Miners Castle overlooks,
paved walkways and vehicle parking lot. Also 100 feet from the
centerline of the paved Miners Castle Road and the area within 100 feet
of Miners Falls parking lot, trail and associated platforms.
(iii) The area within 100 feet of: the Chapel Falls parking lot;
the Little Beaver backpacker parking lot; the Twelvemile Beach picnic
area parking lot; the Log Slide parking lot, platforms and walkways;
the Grand Sable Lake picnic area and parking lot; the Grand Sable Lake
boat launch and parking lot; the Grand Sable Lake overlook parking lot.
(iv) The area within 150 yards of any structure at the Au Sable
Light Station, and within 100 feet of the trail between the lower
Hurricane River Campground and the light station.
(v) The area within 150 yards of the Sable Falls parking lot and
building, including the viewing platforms and associated walkway system
to the mouth of Sable Creek. Also included is the area 100 feet from
the centerline of the paved Sable Falls Road.
(vi) The area within 150 yards of: the Grand Sable Visitor Center
parking lot and barn; the structures comprising the Grand Marais
quarters and maintenance facility.
(vii) The 8.6 acre tract comprising structures and lands
administered by the National Park Service on Coast Guard Point in Grand
Marais.
(3) Hunting season. Hunting is prohibited parkwide during the
period of April 1 through Labor Day.
Dated: August 17, 1995.
Robert P. Davison,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-22747 Filed 9-13-95; 8:45 am]
BILLING CODE 4310-70-P
