[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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