[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Notices]
[Pages 32372-32373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15134]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-670-01-1610-DL]


Motor Vehicle Use Restrictions: Coyote Mountains, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Pursuant to Title 43 Code of Federal Regulations Part 8364.1 
the Bureau of Land Management will seasonally close routes of travel on 
Public Lands in the Coyote Mountains of western Imperial County to 
motorized vehicle use.

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SUMMARY: Notice is hereby given that from January 1 to June 30 each 
year the BLM will close sections of BLM routes T670130 and T670214 
located in the Coyote Mountains of Imperial County to access by 
motorized vehicles. The proposed closure is to provide interim 
protection for the Peninsular Bighorn Sheep (PBS), PBS habitat, and 
other resource values by reducing disturbances caused by motorized 
vehicle use authorized under the California Desert Conservation Area 
(CDCA) Plan, as amended. By taking interim actions as allowed under 43 
CFR part 8364.1, the BLM contributes to the conservation of endangered 
and threatened species in accordance with 7(a)(1) of the ESA. BLM also 
avoids making any irreversible or irretrievable commitment of resources 
which would foreclose any reasonable and prudent alternative measures 
which might be required as a result of the consultation on the CDCA 
plan in accordance with 7(d) of the ESA.
    The closure will remain in effect until BLM receives a biological 
opinion from the Fish and Wildlife Service on the effects of the CDCA 
Plan on PBS and implements any applicable terms and conditions, 
reasonable and prudent alternatives, and/or reasonable and prudent 
measures of the opinion that require implementation.
    The sections of the routes subject to this seasonal closure, and 
the other routes that will consequently be closed, exist in portions of 
sections 21, 22, 23, 25, 26, 27, 28, 35 and 36, Township 15 South, 
Range 9 East; of sections 1 and 2, Township 16 South, Range 9 East; and 
of section 6, Township 16 South, Range 10 East, SBM. The following 
motorized vehicles are exempt from this order: (1) Fire, military, 
emergency or law enforcement vehicles when used for emergency or patrol 
purposes; (2) vehicles whose use is expressly approved by the 
Authorized Officer; (3) vehicles used for official purposes by 
employees, agents, or designated representatives of the Federal 
Government or one of its contractors. These closures shall be in effect 
year-round beginning no sooner than thirty (30) days from the date of 
this notice, until completion of programmatic consultation between the 
BLM under Section 7 of the Endangered Species Act (ESA) with U.S. Fish 
and Wildlife Service and implementation of any applicable terms and 
conditions, reasonable prudent alternatives and/or reasonable prudent 
measures. Closure of these routes also will prevent motorized vehicle 
use of other BLM routes labeled T670121, T670128 and T670129 that are 
only accessible via the closed portions of BLM routes T670130 and 
T670214. Non-motorized uses (e.g., hiking, bicycling, horseback riding) 
of closed sections on any of the roads described above are not affected 
by this order. Trails developed primarily for non-motorized use are 
also not affected by the seasonal closure.
    BLM routes T670130 and T670214 are accessible from Painted Gorge 
Road. Painted Gorge Road is a county-maintained road extending from 
Evan Hewes Highway to the foothills of the Coyote Mountains 
(approximately 4-5 miles in length). BLM routes T670130 and T670214 
fork off the termination of Painted Gorge Road and continue into the 
Coyote Mountains, both routes leading to Carrizo Peak. The closure of 
these two routes will prevent access to Carrizo Peak from Painted Gorge 
Road.
    Two gates will be installed by BLM to prevent access by motorized 
vehicles, located as follows:
    1. Along route T670130 at UTM coordinates 595590.03 E; 3631014.84 
N. These UTM coordinates correspond to a point within the NW\1/4\ of 
section 6, T. 16 S., R. 10 E., SBM.
    2. Along route T670214 at UTM coordinates 594895.87 E; 3632292.29 
N. These UTM coordinates correspond to a point within the NE\1/4\ of 
section 36, T. 15 S., R. 9 E., SBM. Any person who fails to comply with 
this order may be subject to the penalties provided in 43 CFR 8360.0-7.

SUPPLEMENTARY INFORMATION: On March 18, 1998, the U.S. Fish and 
Wildlife Service (USFWS) declared through publication of a final rule 
that the Peninsular Bighorn Sheep occupying the Peninsular Ranges of 
southern California are endangered pursuant to the ESA of 1973, as 
amended. The current population of bighorn sheep in the United States' 
Peninsular Ranges approximates 335 animals distributed in eight known 
ewe groups (subpopulations) from the San Jacinto Mountains south to the 
Mexican border.
    On March 16, 2000, the Center for Biological Diversity, and others 
(Center) filed for injunctive relief in U.S. District Court, Northern 
District of California (court) against the Bureau of Land Management 
(BLM) alleging that the BLM was in violation of Section 7 of the 
Endangered Species Act (ESA) by failing to enter into formal 
consultation with the U.S. Fish and Wildlife Service (FWS) on the 
effects of adoption of the California Desert Conservation Area Plan 
(CDCA Plan), as amended, upon threatened and endangered species. On 
August 25, 2000, the BLM acknowledged through a court stipulation that 
activities authorized, permitted, or allowed under the CDCA Plan may 
adversely affect threatened and endangered species, and that the BLM is 
required to consult with the FWS to insure that adoption and 
implementation of the CDCA Plan is not likely to jeopardize the 
continued existence of threatened and endangered species or to result 
in the destruction or adverse modification of critical habitat

[[Page 32373]]

of listed species. On March 1, 2001, the revised stipulation respecting 
PBS became effective.
    Although BLM has received biological opinions on selected 
activities, consultation on the overall CDCA Plan is necessary to 
address the cumulative effects of all the activities authorized by the 
CDCA Plan. Consultation on the overall Plan is complex and the 
completion date is uncertain. Absent consultation on the entire Plan, 
the impacts of individual activities, when added together with the 
impacts of other activities in the desert are not known. The BLM 
entered into negotiations with plaintiffs regarding interim actions to 
be taken to provide protection for endangered and threatened species 
pending completion of the consultation on the CDCA Plan. Agreement on 
these interim actions avoided litigation of plaintiffs' request for 
injunctive relief and the threat of an injunction prohibiting all 
activities authorized under the Plan. These interim agreements have 
allowed the BLM to continue to authorize appropriate levels of 
activities throughout the planning area during the lengthy consultation 
process while providing appropriate protection to the desert tortoise 
and other listed species in the short term. By taking interim actions 
as allowed under 43 CFR part 8364.1, the BLM contributes to the 
conservation of endangered and threatened species in accordance with 
7(a)(1) of the ESA. BLM also avoids making any irreversible or 
irretrievable commitment of resources which would foreclose any 
reasonable and prudent alternative measures which might be required as 
a result of the consultation on the CDCA plan in accordance with 7(d) 
of the ESA.
    The EA indicates the following reasons for the closure: In the 
Draft Recovery Plan for the Bighorn Sheep in the Peninsular Ranges 
(USFWS 1999), several studies are identified that link vehicle use with 
modification of bighorn sheep behavior (Jorgensen, 1974; Leslie and 
Douglas, 1980; Campbell and Remington, 1981; Miller and Smith, 1985). 
The Coyote Mountains are within designated critical habitat for the 
PBS. The proposed route closure and gate construction would be a 
benefit to PBS and other wildlife resources. Disturbances from vehicles 
would be reduced during the critical lambing season which would 
increase the probability of lamb survival.
    Motorized vehicle use in Painted Gorge potentially conflicts with 
lambing season, January through June, because most visitors use the 
area between October and May. The existing roads and trails in the 
Coyote Mountains provide a wide array of recreational opportunities for 
people who use motorcycles, ATV's, and 4-Wheel vehicles, including 
trail riding, touring and play riding.

DATES: The seasonal closure will be effective no sooner than July 16, 
2001. The EA concerning this closure is available for a 15-day review 
period. Interested parties should contact the Field Office Manager for 
a copy and review schedule. Written comments may be sent to the address 
listed below in this notice.

FOR FURTHER INFORMATION CONTACT: El Centro BLM Field Manager, 1661 
South 4th Street, El Centro, CA 92243.

ADDRESSES: Written comments may be sent to Bureau of Land Management, 
El Centro Field Office, 1661 South 4th Street, El Centro, CA 92243, 
Tel: 760-337-4400.

    Dated: June 4, 2001.
Gail Acheson,
Acting Deputy Director for Natural Resources.
[FR Doc. 01-15134 Filed 6-13-01; 8:45 am]
BILLING CODE 4310-40-P