[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Notices]
[Pages 24875-24878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11475]



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DEPARTMENT OF THE INTERIOR
[NM-931-05-1210-00-P (605)]


Establishment of Visitor Restrictions for Designated Recreation 
Sites, Special Recreation Management Areas, and Other Public Land in 
the Roswell District, New Mexico

AGENCY: Bureau of Land Management (BLM), Interior.

ACTION: Notices of Establishment of Visitor Restrictions for Designated 
Recreation Sites, Special Recreation Management Areas and Other Public 
Lands in the Roswell District, New Mexico.

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SUMMARY: The Roswell District, Bureau of Land Management (BLM), hereby 
establishes visitor restrictions for use of those public lands within 
the Roswell District, New Mexico. These visitor restrictions are 
necessary for the management of actions, activities and use of public 
lands, including those which are acquired or conveyed to the BLM.

EFFECTIVE DATE: May 10, 1995.

ADDRESSES: Any suggestions or inquiries should be addressed to the 
District Manager, Roswell District Office, 1717 West 2nd, Roswell, New 
Mexico 88201, Telephone: (505) 627-0272, during normal business hours 
(7:45 a.m. to 4:30 p.m., MST) at the above address.

FOR FURTHER INFORMATION CONTACT:
Paul Happel, Natural Resource Specialist, BLM, Roswell District Office, 
1717 West 2nd Rosewell, New Mexico 88201, Telephone: (505) 627-0203.

SPECIFIC COMMENTS: A proposed ``establishment of visitor restrictions 
for designated recreation sites, special recreation management areas, 
and other public lands in the Roswell District, New Mexico'' was 
published in the Federal Register on January 24, 1995, (60 FR No. 15) 
and provided for a 30-day public comment period that ended February 23, 
1995. One letter was received from Gun Owners of America, which 
contained numerous specific comments. One of the comments urged the BLM 
to extend the public comment period to 60 days. The BLM Roswell 
District believes that a 30-day public comment period was adequate for 
this notice. Another comment stated that the rule as it is related to 
firearms is vague and will infringe upon Second Amendment rights of law 
abiding citizens. The BLM Roswell District believes the notice 
adequately describes firearms under the definition of a weapon. Another 
comment stated the rule would unduly interfere with the right of self 
defense. The BLM Roswell District believes that under state law, 
[[Page 24876]] self defense of one's life would not preclude a person 
from protecting themselves. Another comment stated the rule would 
require someone to get a written permit (in advance) in order to 
discharge a firearm within \1/2\ mile of a developed recreation site. 
Based on this comment, the BLM Roswell District has changed the wording 
on the visitor restriction of discharge of firearms from \1/2\ mile to 
150 yards. This change corresponds with State law and other Federal 
agencies proving for public safety. Another comment stated the 
regulation does not contain a clear definition of what a developed 
recreation site and area is. The BLM Roswell District believes that a 
``developed recreation site and area'' has been adequately described in 
the Definitions and in the proposed Federal Register notice. The 
definition is also described in the Code of Federal Regulations 43 CFR 
8360.0-5 (C). Another comment recommended that the regulation be 
redrafted and tightened to focus on conduct which poses a danger. It 
goes on to state that the rule would restrict the discharge of firearms 
in recreation areas. The BLM under Rules of Conduct of Federal 
Regulations 43 CFR 8365.2-5 (A)., states on developed recreation sites 
and areas, unless otherwise authorized, ``No person shall: (a) 
Discharge or use firearms, other weapons or fireworks''. Another 
comment objected to the breadth of the conditions under which use of a 
firearm is banned, such as long guns being broken down or other-wise 
rendered inoperable and should be stored out-of-site. The BLM Roswell 
District has shortened the wording to read: ``Using weapons in 
violation of State laws within developed campsites or picnic areas''. 
Another comment stated that the commentator is concerned that if an 
individual uses a firearm while being attacked they would be arrested. 
The BLM Roswell District believes that self protection of one's life is 
established by State laws and that this restriction would not preclude 
a person from protecting his/her life.

SUMMARY: The proposed restrictions are necessary for the management of 
actions, activities, and use on public lands, including those which are 
acquired or conveyed to the BLM. The making of Rules of Conduct is 
provided for under Title 43 CFR Subpart 8365. These proposed 
regulations establish rules of conduct for the protection of persons, 
property, and public land resources. As a visitor to public lands, the 
user is required to follow certain restrictions designed to protect the 
lands and the natural environment, to ensure the health and safety of 
visitors, and to promote a pleasant and rewarding outdoor experience. 
This notice supersedes previous notices published in the Federal 
Register on January 22, 1991, (Vol. 56, No. 14), and correction to 
Supplementary Rules No. 2., dated February 1, 1991, Vol. 56, No. 28, 
establishing Supplementary Rules for Designated Recreation Sites; 
Special Recreation Management Areas and Other Public Lands in New 
Mexico. More specifically, the purpose falls into the following 
categories:
     Implementation of Management Plans--Certain prohibited 
activities have been recommended as Restrictions for designated 
recreation sites and Special Recreation Management Areas (SRMA's). In 
order to implement these recommendations, they must be published as 
specific prohibited acts in the Federal Register. Use of Rules of 
Conduct Section of 43 CFR, Subpart 8365, is the most appropriate way of 
implementation. Rationale for these recommendations is presented in its 
entirety in the Carlsbad Resource Management Plan, the Roswell 
Management Framework Plan or Recreation Management Plan for the 
specific areas.
     Mitigation of User Conflict--Certain other visitor 
restrictions are recommended because of specific user conflict 
problems. Prohibiting the reservation of camping space in developed 
campgrounds will allow such space to be available on a first-come-
first-served basis. This will prevent people from monopolizing the use 
of limited developed camping space. Prohibition of motorized vehicle 
free-play (operation of any 2-, 3-, or 4-wheel motor vehicle for 
purposes other than accessing a campsite) is recommended to minimize 
the noise and nuisance factors that such activities represent in 
developed recreation sites.
     Public Health and Safety--The erection and maintenance of 
unauthorized toilet facilities or other containers for human waste on 
the public land could represent a major threat to public safety and 
health. Toilet structures may be permitted by the authorized officer on 
a case-by-case basis and only when appropriate State and local permits 
have been obtained. It should be noted that shooting restrictions 
recommended do not prohibit legitimate hunting activities except within 
150 yards of developed sites. Recreational shooters will be encouraged 
to use public land where such shooting restrictions do not apply and 
this use does not significantly conflict with other uses.
     Complementary Rules--Some restrictions, such as parking or 
camping near water sources, are recommended to compliment those of 
State and local agencies. Because these restrictions provide for the 
protection of persons and resources in the interest and spirit of 
cooperation with the responsible agencies, these restrictions are 
deemed necessary.

DEFINITIONS: As used in these visitor restrictions, the term:

--SRMA means an area where special or more intensive types of resource 
and user management are needed.
--A developed recreation site and area means sites and areas that 
contain structures or capital improvements primarily used for 
recreation purposes by the public. Development may vary from limited 
development for protection of the resources and the safety of users to 
a distinctly defined site in which developed facilities that meet the 
Land and Water Conservation Funds Act of 1965 (as amended) criteria for 
a fee collection site are provided for concentrated public recreation 
use.
--Public lands means any lands, interest in lands, or related waters 
owned by the United States and administered by the BLM. Related waters 
are waters which lie directly over or adjacent to public lands and 
which require management to protect federally administered resources or 
to provide for enhanced visitor safety and other recreation 
experiences.
--Camping means the erecting of a tent or shelter of natural or 
synthetic material, preparing a sleeping bag or other bedding material 
for use, or the parking of a motor vehicle, motor home, or trailer for 
the apparent purpose of overnight occupancy. Occupying a developed camp 
site or an approved location within developed recreation areas and 
sites during the established night period of 10:00 p.m. to 6:00 a.m. 
will be considered overnight camping for fee collection and enforcement 
purposes.
--Campfire means a controlled fire occurring outdoors for cooking, 
branding, personal warmth, lighting, ceremonial, or aesthetic purposes.
--Abandonment means the voluntary relinquishment of control of property 
for longer than a period specified with no intent to retain possession.
--Administrative activities means those activities conducted under the 
authority of the BLM for the purpose of safeguarding persons or 
property, implementing management plans and policies developed in 
accordance and consistent with regulations or repairing or maintaining 
facilities.
[[Page 24877]]

--Pet means a dog, cat, or any domesticated companion animal.
--Occupancy means the taking or holding possession of a camp site, 
other location, or residence on public land.
--Vehicle means any motorized or mechanized device, including bicycles, 
hang gliders, ultra lights, and hot air balloons which is propelled or 
pulled by any living or other energy source, and capable of travel by 
any means over ground, water, or air.
--Authorized Officer means any employee of the BLM who has been 
delegated the authority to perform under Title 43.
--Stove fire means a fire built inside an enclosed stove or grill, a 
portable brazier, or a pressurized liquid or gas stove, including 
space-heating devices.
--Weapon means a firearm, compressed gas or spring-powered pistol or 
rifle, bow and arrow, crossbow, blowgun, spearguns, slingshot, irritant 
gas device, explosive device, or any other implement designed to 
discharge missiles or projectiles; hand-thrown spear, edged weapons, 
nun-chucks, clubs, billy-clubs, and any device modified for use or 
designed for use as a striking instrument; includes any weapon the 
possession of which is prohibited under New Mexico law.
--Historic or prehistoric structure or ruin site means any location at 
least 50 years old which meets the standards for inclusion on the 
National Register of Historic Places as defined in 36 CFR 60.4, without 
regard to whether the site has been nominated or accepted.

    Vistor Restrictions--ALL PUBLIC LANDS: In addition to regulations 
contained in 43 CFR 8365.1, the following visitor restrictions apply to 
all public lands, including those lands acquired or conveyed to the 
BLM, and related waters. The following are prohibited unless authorized 
by written permit:

Sanitation

     To construct or maintain any pit toilet facility.
     The dumping or disposal of sewage or sewage treatment 
chemicals from self-contained or containerized toilets, except at 
facilities provided for that purpose.
     To shower or bathe at any improved or developed water 
source, outdoor hydrant pump, faucet or fountain, or restroom water 
faucet unless such water source is designated for that purpose.

Occupany and Use

     To camp or occupy any site on public lands or any approved 
location, including those in developed recreation areas and sites or 
SRMA's, for a period longer than 14 days within any period of 28 
consecutive days. Exceptions, which will be posted, include areas 
closed to camping and areas or sites with other designated camping stay 
limits. The 28-day period begins when a camper initially occupies a 
specific location on public land. The 14-day limit may be reached 
either through a number of separate visits or through 14 days of 
continuous occupation. After the 14th day of occupation, campers must 
move beyond a 25-mile radius from the previous location. When a camping 
limit has been reached, use of any public land site within the 25-mile 
radius shall not occur again until at least 30 days have elapsed from 
the last day of authorized use.
     To park any motor vehicle for longer than 30 minutes, or 
camping within 300 yards of any spring, man-made water hole, water 
well, or watering tank used by wildlife or domestic stock.
     To dispose of any burning or smoldering material except as 
sites or facilities provided for that purpose.
     Unauthorized cutting, removing, or transporting woody 
materials including, but not limited to:
    1. Any type of variety of vegetation (excluding dead and downed),
    2. Fuelwood or firewood, either green or standing deadwood or,
    3. Live plants (except for consumption, medicinal purposes, study 
or personal collection).
     Removing or transporting any mineral resources including, 
but not limited to, rock, sand, gravel, and minerals on or from public 
lands without written consent, proof of purchase, or a valid permit. 
Collection of specimens and samples in reasonable amounts for personal 
noncommercial use, under 43 CFR 8365.1-5(b) is not affected by this 
section.
     Collection or removal of any natural resource, including 
wood for campfires, where such restrictions are posted.
     Failure to prevent a pet from harassing, molesting, 
injuring, or killing humans, wildlife or livestock.
     Violation of the terms, stipulations, or conditions of any 
permit or use authorization.
     Failure to show a permit or use authorization to any BLM 
employee upon request.
     Camp or occupy or build any fire on, or in, any historic 
or prehistoric structure or ruin site.
     Competitive or commercial operations or events without a 
Special Recreation Permit.

Vehicles

     Operation of an off-road vehicle without full-time use of 
an approved spark arrester and muffler.
     Failure or display the required State off-road vehicle 
registration.
     Lubricating or repairing any vehicle, except repairs 
necessitated by emergency.
     Operate, park, or leave a motorized vehicle in violation 
of posted restrictions or in such a manner or location as to:
    1. Create a safety hazard,
    2. Interfere with other authorized users or uses,
    3. Obstruct or impede normal or emergency traffic movement,
    4. Interfere with or impede administrative activities,
    5. Interfere with the parking of other vehicles, or
    6. Endanger property or any person.

Public Health and Safety

     Possession or use of fireworks.
     Leaving a campfire unattended, or failing to completely 
extinguish a fire after use.
     The sale or gift of an alcoholic beverage to a person 
under 21 years of age.
     The possession of an alcoholic beverage by a person under 
21 years of age.
     Ignite or burn any material containing or producing toxic 
or hazardous material.
     Carrying of concealed weapons.

State and Local Laws

     Failure to comply with all applicable State of New Mexico 
regulations for boating safety, equipment, and registration.
    Visitor Restrictions--DEVELOPED RECREATION SITES/AREAS AND SPECIAL 
RECREATION MANAGEMENT AREAS: In addition to the regulations contained 
in 43 CFR 8356.1, 8365.2 and those listed above, the following visitor 
restrictions will be applied in accordance with 43 CFR 8365.2: The 
following activities are prohibited unless authorized by written 
permit:
     Failure to immediately remove and dispose of in a sanitary 
manner, all pet fecal material, trash, garbage or waste created.
     Failing to physically restrain a pet at all times within 
developed campsite and picnic areas. Pets are prohibited from entering 
caves all designated nature or interpretive trails where 
[[Page 24878]] posted. Animals trained to assist handicapped persons 
are exempt from this rule.
     Reserving camping space, except at group facilities. 
Camping space is available on a first-come-first-served basis.
     Failure to maintain quiet between the hours of 10:00 p.m. 
to 6:00 a.m. or other hours posted. During this period no person shall 
create noise which disturbs other visitors.
     More than two motorized vehicles and/or 10 individuals at 
any one approved site not designated for group use or parking area. 
Groups exceeding these limits must use a group site or additional 
designated sites.
     Vehicles off of existing or designated roads and trails 
unless facilities have been specifically provided for such use. 
Motorized vehicles will be operated for access to and from developed 
facilities only.
     To park in or occupy a parking space posted or marked for 
handicapped use without displaying an official identification tag or 
plate.
     Posting or distribution of any signs, posters, printed 
material, or commercial advertisements.
     The discharge of firearms or other weapons, hunting and 
trapping within 150 yards of developed recreation sites and areas.
     Using weapons in violation of State law within developed 
campsites or picnic areas.
     Disposing of any waste or grey water except where 
facilities are provided.
     Bringing equine stock, llama, cattle, or other livestock 
within campgrounds or picnic areas unless facilities have been 
specifically provided for such use.
     Gathering or collecting woody plants or any other natural 
resource, minerals, cultural, or historical artifacts that require 
permits.
     Cutting or gathering of green trees or their parts or 
removal of down or standing dead wood for any purpose.
     Not adhering to fire danger ratings issued by government.
     Entering the following caves from October 15 to March 31 
of each year: Fort Stanton, Torgac, Torgac Annex, Crockett, Crystal, 
Big-Eared Cave, Bat Hole, Malpais Madness, Tres Ninoc and Feather. Only 
personnel engaged in authorized scientific bat studies, census, 
monitoring, and emergencies will be allowed to enter caves during this 
time, due to bat hibernation.
     Entering a cave without each person wearing a safety 
helmet (hard hat) with chin strap and at least three sources of light.
     Annoying or disturbing bats at any time.
List of Developed Recreation Sites/Areas and Special Recreation 
Management Areas:
1. Valley of Fires Recreation Area (Roswell Resource Area)
    T. 7 S., R. 10 E.,
    sec. 29, 30.
2. Fort Stanton (Roswell Resource Area)
    T. 9, 10 S., 14, 15 E.
3. Mescalero Sands North Dune SMRA (Roswell Resource Area)
    T. 10 S., R 30 E.,
    sec. 34, 35.
4. Cave SRMA's--McKittrick Hill, Lost, Fence Canyon, Manhold, 
Yellowjacket/Lair, Chosa Draw, Mudgetts, Honest Injun, KFF Caverns, 
Fort Stanton Cave, Torgac Cave, and Crockett's Cave
5. Dark Canyon SRMA (Carlsbad Resource Area)
    T. 24 S., R. 23, 24 E.
6. Lonesome Ridge SRMA (Carlsbad Resource Area)
    T. 26 S., R. 22 E.,
    sec. 19-21, 29-31.
7. Pecos River Canyon Complex (Carlsbad Resource Area)
    T. 24, 25 S., R. 29, 30 E.
8. Guadalupe Escarpment Scenic Area (Carlsbad Resource Area)
    T. 23-26 S., R. 22-26 E.
9. Alkali Lake Off-road Vehicle Area (Carlsbad Resource Area)
    T. 21 S., R. 27 E.,
    sec. 4, 5, 9.
10. Hackberry Lake Off-road Vehicle Area (Carlsbad Resource Area)
    T. 18-20 S., R. 30, 31 E.11. Pecos River Corridor (Carlsbad 
Resource Area)
    T. 22 S., R. 27 E., river section to
    T. 26 S., R. 29 E.
12. Chosa Draw SRMA (Carlsbad Resource Area)
    T. 25 S., R. 25 E.,
    sec. 20-22, 27-29, 33.
13. Overflow Wetlands (Roswell Resource Area)
    T. 11, 12 S., R. 25, 26 E.

SUPPLEMENTARY INFORMATION: The Roswell District Manager is establishing 
these visitor restrictions, which are necessary for the protection of 
persons, property, and public lands and resources currently under the 
Bureau's administration within the Roswell District, New Mexico and 
those lands acquired for inclusion within the administrative 
jurisdiction of the BLM as provided for in 43 CFR 8365.1-6. These 
Visitor Restrictions apply to all persons using public lands. 
Violations of these restrictions are punishable by a fine not to exceed 
$1,000 and/or imprisonment not to exceed 12 months. Exceptions to the 
following visitor restrictions may be permitted by the authorized 
officer subject to limits and restrictions of controlling Federal and 
State law. Persons granted use exemptions must possess written 
authorization from the BLM Office having jurisdiction over the area. 
Users must further comply with the zoning, permitting, rules, or 
regulatory requirements of other agencies, where applicable.

    Dated: May 4, 1995.
Michael L. Menge,
Acting District Manager.
[FR Doc. 95-11475 Filed 5-9-95; 8:45 am]
BILLING CODE 4310-FB-M]