[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29495-29498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14775]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR PART 36

RIN 1018-AD-30


Public Use Regulations for the Alaska Peninsula/Becharof National 
Wildlife Refuge Complex

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service adopts regulations to 
implement portions of the Alaska Peninsula/Becharof National Wildlife 
Refuge Complex Public Use Management Plan. The rule will allow the Fish 
and Wildlife Service to manage public uses by adopting regulations 
addressing off-road vehicles, camping, and temporary facilities. The 
regulations will provide for continued public use of the refuge complex 
while protecting refuge resources and resolving conflicts between 
refuge users.

EFFECTIVE DATE: This rule is effective July 11, 1996.

ADDRESSES: U.S. Fish and Wildlife Service, Alaska Peninsula/Becharof 
National Wildlife Refuge Complex, P.O. Box 277, King Salmon, AK 99613.

FOR FURTHER INFORMATION CONTACT: Ronald E. Hood, Refuge Manager, Alaska 
Peninsula/Becharof National Wildlife Refuge Complex, P.O. Box 277, King 
Salmon, AK 99613, telephone: (907) 246-3339.

SUPPLEMENTARY INFORMATION: The Alaska National Interest Lands 
Conservation Act (ANILCA) (16 U.S.C. 3101 et seq.) was signed into law 
on December 2, 1980. The broad purpose of this law is to provide for 
the disposition and use of a variety of federally owned lands in 
Alaska. Section 303 of ANILCA established Alaska Peninsula and Becharof 
National Wildlife Refuges and Section 304 of ANILCA expanded Alaska 
Maritime National Wildlife Refuge. The Alaska National Interest Lands 
Conservation Act states that purposes for which Alaska Maritime, Alaska 
Peninsula and Becharof Refuges were established and shall be managed 
include:

[[Page 29496]]

    (i) [Alaska Maritime Refuge] to conserve fish and wildlife 
populations and habitats in their natural diversity including, but not 
limited to marine mammals, marine birds and other migratory birds, the 
marine resources upon which they rely, bears, caribou and other 
mammals;
    (i) [Alaska Peninsula Refuge] to conserve fish and wildlife 
populations and habitats in their natural diversity including, but not 
limited to, brown bears, the Alaska Peninsula caribou herd, moose, sea 
otters and other marine mammals, shorebirds and other migratory birds, 
raptors, including bald eagles and peregrine falcons, and salmonids and 
other fish;
    (i) [Becharof Refuge] to conserve fish and wildlife populations and 
habitats in their natural diversity including, but not limited to, 
brown bears, salmon, migratory birds, the Alaskan Peninsula caribou 
herd, and marine birds and mammals;
    (ii) to fulfill the international treaty obligations of the United 
States with respect to fish and wildlife and their habitats;
    (iii) to provide, in a manner consistent with the purposes set 
forth in subparagraphs (i) and (ii), the opportunity for continued 
subsistence uses by local residents; and
    (iv) to ensure, to the maximum extent practicable and in a manner 
consistent with the purposes set forth in paragraph (i), water quality 
and necessary water quantity within the refuge[s].
    In 1987, the Fish and Wildlife Service (Service) decided to manage 
the Ugashik and Chignik units of the Alaska Peninsula Refuge, the Seal 
Cape area of the Alaska Maritime Refuge and the Becharof Refuge as a 
``complex.'' These units share a contiguous boundary and common 
resources and resource issues. Legislation to formalize the ``complex'' 
has been drafted. The Public Use Management Plan and the regulations 
cover the Ugashik and Chignik Units of Alaska Peninsula Refuge, the 
Seal Cape area of the Alaska Maritime Refuge, and Becharof Refuge.

Refuge Planning

    Section 304(g) of ANILCA directs the Secretary of the Interior to 
prepare a comprehensive conservation plan (comprehensive plan) for each 
national wildlife refuge in Alaska. The Alaska Maritime comprehensive 
plan was completed in 1988; the Alaska Peninsula comprehensive plan was 
completed in 1987; and the Becharof comprehensive plan was completed in 
1985. A number of public use management issues were identified and 
resolved in the comprehensive plans. Other issues involving public use 
of the refuges were identified as needing more thorough investigation. 
These issues were addressed in the Public Use Management Plan (public 
use plan) approved in May 1994.
    Extensive public involvement was conducted for the public use plan 
from 1989 to 1994 including workbooks, three sets of public meetings in 
all refuge area communities, Anchorage and Kodiak and several mailings. 
A number of changes were made in the final public use plan responding 
to comments received on the draft. Those comments also were used to 
prepare these regulations.
    Draft regulations to implement the public use plan were published 
on July 17, 1995 (60 FR 36576) with a 60-day public comment period. The 
public comment period was reopened for another 45 days to allow 
additional review and comment by interested persons and groups on 
October 16, 1995, (60 FR 53576).
    The July 17, 1995 Federal Register notice said public hearings 
would be held in Chignik Bay, Chignik Lake, Chignik Lagoon, Egegik, 
Ivanof Bay, Naknek, Perryville, Pilot Point, Port Heiden, and South 
Naknek, Alaska. Informal public hearings were held in Egegik (October 
23, 1995), Naknek (October 26, 1995), and South Naknek (November 2, 
1995), Alaska. When leaders of both municipal and tribal governments in 
the other villages were contacted to arrange public hearings, they 
indicated that hearings were not necessary. Therefore, because these 
villages are all isolated and people from other communities would not 
likely attend public hearings, the hearings were not held.

Summary of Public Comments

    Eleven people attended the Egegik hearing and one comment on the 
regulations was noted. Six people attended the Naknek hearing. 
Questions were asked about the regulations, but no comments about the 
regulations were received. Two people attended the South Naknek hearing 
and one comment on the regulations was noted.
    Seven written comments were received from the State of Alaska, one 
regional corporation, the Coalition to Protect Animals in Parks and 
Refuges, and four individuals (one in Alaska and three out-of-state). 
One person met with Service personnel to discuss the regulations.
    The State of Alaska had no specific comments on the regulations. 
One person suggested re-writing the regulations in seventh grade 
English and translating them into Native languages. One person opposed 
the use of off-road vehicles, camping, and any temporary or permanent 
improvements within the refuge. The Coalition to Protect Animals in 
Parks and Refuges suggested there should be some areas where off-road 
vehicles not be allowed, and approved of off-road vehicle weight limits 
and confining general public off-road vehicle use to trails. The Native 
Corporation noted that the off-road vehicle weight restrictions would 
not apply to activities associated with exploration or development of 
their subsurface estate within the refuge. One person said that 
subsistence campers should be able to leave their camp foundation to be 
used year after year.
    Most other comments did not address the regulations and were about 
other aspects of refuge management (for example, opposing sport hunting 
on refuges or requesting information about special use permits). The 
comment at the Egegik hearing suggested that off-road vehicle trailers 
be required to use low pressure tires. One person at the South Naknek 
hearing suggested that temporary facilities be prohibited throughout 
the refuge complex. The person meeting with Service staff was concerned 
that the regulations not affect a road he is proposing to use within 
the refuge. He was assured that the regulations would have no effect on 
his proposal.
    Based on public comments received the Service proposes only one 
change from the proposed regulations. A typographical error appeared in 
subsection 36.39(c)(4)(iii). It stated that new temporary facilities 
are prohibited within ``\1/2\ mile'' of the shoreline of Upper and 
Lower Ugashik Lakes. It should have read ``\1/4\ mile'' of the 
shoreline of Upper and Lower Ugashik Lakes. The final rule reads \1/4\ 
mile.
    While the Service agrees with the suggestion to require the use of 
low pressure tires on off-road vehicle trailers, as stated in the 
notice of proposed rule-making the Service does not believe it is 
necessary to regulate off-road vehicle trailers at this time.
    Regarding the suggestion that there be no use of off-road vehicles 
on some parts of the refuge complex, ANILCA Section 810 requires the 
Service to allow ``other means of surface transportation'' 
traditionally employed for subsistence subject to reasonable 
regulations. The regulations limit the size and weight of off-road 
vehicles. All areas of the refuge complex are open to subsistence use 
of off-road vehicles, but the distance of many areas from communities, 
vast size, and extremely rugged terrain of much of the area effectively 
precludes off-road vehicle

[[Page 29497]]

use in many areas of the refuge complex.
    Section 1316 of ANILCA states, in part, ``* * * the Secretary shall 
permit, subject to reasonable regulations to ensure compatibility, the 
continuance of existing uses, and the future establishment and use, of 
temporary campsites, tent platforms, shelters, and other temporary 
facilities and equipment directly and necessarily related to such 
activities [the taking of fish and wildlife] * * *.'' Section 1316 also 
states that temporary facilities could be denied if they would be 
``detrimental to the purposes for which the * * * unit was established 
* * *.'' In the public use plan, the Service determined which areas of 
the refuge temporary facilities would be detrimental to refuge purposes 
and these will be closed to new temporary facilities by the 
regulations. The establishment of new temporary facilities elsewhere in 
the refuge complex was generally found to be compatible with the 
purposes of the refuge. Each application for temporary facilities will 
be evaluated by the refuge complex staff and authorized only if found 
to be directly and necessarily related to the taking of fish and 
wildlife and compatible with the purposes of the refuge. Permits 
authorizing temporary facilities contain special conditions to ensure 
compatibility and minimizing effects on other refuge users.

Conformance With Statutory and Regulatory Authorities

    The impact of these final regulations on subsistence uses has been 
evaluated as required by Section 810 of ANILCA. A subsistence 
evaluation was included in the public use management plan environmental 
assessment and the Regional Director found that the plan would not 
significantly restrict subsistence use on the Alaska Peninsula/Becharof 
National Wildlife Refuge Complex. Subsistence uses and access are 
expected to differ little, if any, from existing uses. The regulations 
are consistent with the purposes and intent of Section 810 and will 
result in no significant restrictions on subsistence uses.
    These final regulations are consistent with the purposes for which 
the Alaska Maritime, Alaska Peninsula and Becharof National Wildlife 
Refuges were established. A compatibility determination was approved 
for the public use management plan.

Paperwork Reduction Act

    These final regulations have been examined under the Paperwork 
Reduction Act of 1995 and have been found to contain no information 
collection requirements.

National Environmental Policy Act Compliance

    An environmental assessment accompanied the draft public use 
management plan. On May 21, 1994, a Decision Notice and Finding of No 
Significant Impact was signed by the Regional Director. Copies of these 
documents may be obtained from the Alaska Peninsula/Becharof National 
Wildlife Refuge Complex, P.O. Box 277, King Salmon, Alaska 99613. 
Telephone: (907) 246-3339. No further documentation is required by the 
National Environmental Policy Act (42 U.S.C. 4321-4347).

Economic Effects

    The Department of Interior has determined this rulemaking was not 
subject to Office of Management and Budget review under Executive Order 
12866. A review under the Regulatory Flexibility Act of 1980 (5 U.S.C. 
601 et seq.) has revealed that this final rulemaking would not have a 
significant effect on a substantial number of small entities in the 
area, such as businesses, organizations and governmental jurisdictions. 
This rule impacts the refuge complex only to the extent that off-road 
vehicles and camping are better administered. Temporary facilities are 
only allowed for administrative and subsistence purposes at particular 
sites. These provisions are seen, therefore, as administrative in 
nature and having little or no impact on small entities. This final 
rule will have minimal, if any, impact on the economy of the Alaska 
Peninsula.

Unfunded Mandates

    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.

    Primary Author: Helen Clough, Refuges and Wildlife, Alaska 
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska 
is the primary author of this final rulemaking document.

List of Subjects in 50 CFR Part 36

    Alaska, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Wildlife refuges.

    The U.S. Fish and Wildlife Service amends Part 36 of Chapter I of 
Title 50 as follows:

PART 36--[AMENDED]

    1. The authority citation for Part 36 continues 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. Section 36.39 is amended by adding paragraph (c) (1)-(4) as 
follows:


Sec. 36.39  Public use.

* * * * *
    (c) Alaska Peninsula/Becharof National Wildlife Refuge Complex.
    (1) The Alaska Peninsula/Becharof National Wildlife Refuge 
(Complex) includes the Becharof National Wildlife Refuge, the Chignik 
and Ugashik Units of the Alaska Peninsula National Wildlife Refuge and 
the Seal Cape Area of the Alaska Maritime National Wildlife Refuge.
    (2) Off-road vehicles are permitted on the refuge complex under 
Sec. 36.12(a),Sec. 36.39(c)(2)(ii) or Sec. 36.39(c)(2)(iii) and must 
meet the following conditions:
    (i) Vehicles are limited to three or four-wheeled vehicles with a 
maximum gross weight of 650 pounds as listed by the manufacturer.
    (ii) ORV's are permitted on the following trails only: Yantarni Bay 
Airstrip; Yantarni Bay Airstrip to beach trail; and Yantarni Bay 
Airstrip to oil well site trail. Maps of the above areas are available 
from the Refuge Manager.
    (iii) Subject to the weight and size restrictions listed in (i) 
above, subsistence use of off-road vehicles, as authorized by 50 CFR 
36.12(a) is allowed throughout the Alaska Peninsula/Becharof National 
Wildlife Refuge Complex.
    (3) Camping is permitted on the Refuge Complex subject to the 
following restrictions:
    (i) These camping limits do not apply to subsistence users except 
at Big Creek where they apply to all refuge complex users.
    (ii) No permanent improvements may be made to campsites without a 
special use permit. All materials brought on to the refuge complex must 
be removed upon cessation of camping unless authorized by a special use 
permit.
    (iii) Other than reserved sites authorized by special use permits, 
camping at one location is limited to seven consecutive nights from 
August 1 through November 15 within \1/4\ mile of the following waters: 
Becharof Lake in the Severson Peninsula area (Island Arm); Becharof 
Lake Outlet; Ugashik Narrows; Big Creek; Gertrude Lake; and Gertrude 
Creek between Gertrude Lake and the King Salmon River. Maps of the

[[Page 29498]]

above areas are available from the Refuge Manager.
    (iv) Tent camps must be moved a minimum of one mile following each 
seven-night camping stay during the periods specified above.
    (4) Temporary facilities may be authorized on the Alaska Peninsula/
Becharof National Wildlife Refuge Complex by special use permit only, 
subject to the following conditions:
    (i) Except for administrative or subsistence purposes, new 
temporary facilities are prohibited within \1/4\ mile of the Becharof 
Lake shoreline.
    (ii) Except for administrative purposes, new temporary facilities 
are prohibited in the following areas: within \1/4\ mile of the 
shorelines of Gertrude Lake and Long Lake; within \1/4\ mile of the 
airstrip on the south side of the King Salmon River approximately \1/2\ 
mile above the confluence of Gertrude Creek and the King Salmon River; 
within \1/4\ mile of the shoreline of Upper and Lower Ugashik Lakes; 
within \1/4\ mile of the shoreline of Becharof Lake outlet; and within 
\1/4\ mile of the shoreline of Big Creek. Maps of the above areas are 
available from the Refuge Manager.
* * * * *
    Dated: April 25, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-14775 Filed 6-10-96; 8:45 am]
BILLING CODE 4310-55-P