[Federal Register Volume 67, Number 172 (Thursday, September 5, 2002)]
[Proposed Rules]
[Pages 56785-56794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22630]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC91


Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service has proposed this rule to designate 
areas where personal watercraft (PWC) may be used in Lake Mead National 
Recreation Area, Nevada and Arizona. This rule implements the 
provisions of the National Park Service (NPS) general regulation 
authorizing parks to allow the use of PWC by promulgating a special 
regulation. The NPS Management Policies 2001 require individual parks 
to determine whether PWC use is appropriate for a specific park area 
based on an evaluation of that area's enabling legislation, resources 
and values, other visitor uses, overall management objectives, and 
consistent with the criteria of the NPS for managing visitor use.

DATES: Comments must be received by November 4, 2002.

ADDRESSES: Comments should be sent to Jim Holland, Management 
Assistant, Lake Mead National Recreation Area, 601 Nevada Way, Boulder 
City, Nevada 89005. E-mail: [email protected]. FAX: (702) 293-8967.

FOR FURTHER INFORMATION CONTACT: Kym Hall, Regulations Program Manager, 
National Park Service, 1849 C Street, NW, Room 7248, Washington, DC 
20240. Phone: (202) 208-4206. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Additional Alternatives

    The information contained in this proposed rule supports 
implementation of portions of the preferred alternative in the Draft 
Lake Management Plan/Environmental Impact Statement published April 24, 
2002. The public should be aware that three other alternatives were 
presented in the DLMP/EIS, including a no-PWC alternative, and those 
alternatives should also be reviewed and considered when making 
comments on this proposed rule.

Purposes of the Park Area

    Lake Mead, and later Lake Mohave, and the area surrounding the 
artificial lakes were managed by the NPS under a cooperative agreement 
from 1936 to 1964 when Congress formally established Lake Mead National 
Recreation Area (Lake Mead NRA) (Pub. L. 88-639). The Secretary of 
Interior was charged to manage this area ``for the general purposes of 
public recreation, use and benefit . . . and, in a manner that will 
preserve the scenic, historic, scientific, and other important features 
of the area . . .'' Boating is a specific example of recreational 
activities authorized in the enabling legislation. It states that the 
Secretary may provide for the following activities, i.e., boating, 
subject to such limitations, conditions, or regulations as he may 
prescribe. Since 1936, the NPS has managed Lakes Mead and Mohave for a 
wide spectrum of recreational boating activities with few prohibitions 
on boat type other than boat length. The General Management Plan that 
evolved from this mandate reflects a strategy to accommodate visitor 
use while protecting the area's most outstanding natural and cultural 
resources.
    The NPS has recently completed a ``Draft Lake Management Plan/
Environmental Impact Statement'' that addresses recreational use of the 
lakes. The planning process began in 1993 with an extensive 
recreational inventory and visitor use survey that is reported in 1997. 
During the inventory and planning process, there have been numerous 
public meetings and presentations concerning the plan. Public scoping 
identified personal watercraft operating too close as an important 
issue to be addressed in the preparation of the plan. One of the 
planning objectives is to provide for a wide variety of recreational 
settings and to provide for a variety of recreational activities.

Description of the Park Area

    Lake Mead NRA was established as a unit of the National Park System 
on October 8, 1964. Lake Mead NRA contains two artificially-created 
reservoirs: Lake Mead, created after the completion of Hoover Dam in 
1936; and Lake Mohave, created after the completion of Davis Dam in 
1953. Lake Mead NRA is the premier, inland water recreation area in the 
west with 1.5 million acres, of which approximately 13 percent is the 
lake environment. The major rivers supplying water to the reservoirs 
are the Colorado, Virgin, and Muddy Rivers. At full pool, Lake Mead has 
a surface area of 157,900 acres with over 700 miles of shoreline, and 
Lake Mohave has a surface area of 28,260 acres and 150 miles of 
shoreline.
    Two Federal agencies are cooperatively involved with managing the 
water resources of the recreation area. The NPS administers the entire 
recreation area for recreation and resource protection purposes while 
the Bureau of Reclamation (BOR) is responsible for managing 
concurrently lake water levels and a 300-foot zone around the shoreline 
of both lakes. On Lake Mohave, there is an annual 15-foot water 
fluctuation zone between lake elevations of 630 and 645 feet msl. On 
Lake Mead, the water fluctuation can be much more significant. In the 
past ten years water levels have fluctuated between 1175 and 1216 feet 
msl, and are predicted to drop to 1160 feet msl within the next year.
    Lake Mead NRA provides a wide variety of unique outdoor recreation 
opportunities ranging from warm-water recreation to exploration of 
rugged and isolated backcountry areas. The recreation area is estimated 
to generate over 500 million dollars directly for the local economy 
(``Business Plan, Lake Mead NRA, 2000''). Lake Mead NRA serves as a 
major focus in the western United States for public outdoor water 
recreation, which is at a premium in this desert environment. The area 
is within a day's drive of 20 million people in the Los Angeles Basin 
and 2.7 million people in the Phoenix Metropolitan Area. Lake Mead is 
also

[[Page 56786]]

within a 20-minute drive of the 1.4 million people in the Las Vegas 
Valley, which is one of the fastest-growing communities and tourism 
destinations in the country. Rangers have noted that visitation from 
Utah and the Salt Lake City area is increasing in the northern parts of 
the recreation area.
    The resources of Lake Mead NRA represent superlative examples of 
the plants, animals, and physical geography of the Mojave Desert, and 
the Colorado Plateau and Basin and Range geologic provinces. The park 
includes many regionally and nationally significant natural resource 
components including populations of federally listed threatened and 
endangered species of animals, birds, fish, and rare and sensitive 
plant species.
    Specific to the lake environments, the inflow areas of Lake Mead, 
including the Virgin and Muddy River inflows on the north end of the 
Overton Arm, and the Colorado River inflow at Pearce Ferry are of 
particular importance for park resources. These areas resemble stream 
riparian and stream communities, with vegetation such as willows, 
cottonwood, sedges, and rushes. These areas provide excellent habitat 
to a variety of bird species, including the endangered Southwester 
willow flycatcher (Empidonax traillii extimus), several species of 
shorebirds, herons, and egrets. Potential habitat for the endangered 
Yuma clapper rail (Rallus longirostris yumanensis) exists in the 
recreation area at the inflow areas of the Muddy and Virgin River, at 
Las Vegas Wash upstream from the recreation area, and in the southern 
portion of the park near Davis Dam. No confirmed sightings have 
occurred within the recreation area.
    In addition to these inflow areas, portions of the shoreline can 
provide habitat to other rare or sensitive species. The threatened bald 
eagle (Haliaeetus leucocephalus) is a winter visitor to the recreation 
area, and can be found in large trees and cliffs along the shoreline of 
both lakes. The Southwestern willow flycatcher has also been recorded 
along certain shoreline areas of Lake Mohave. Though no nesting has 
been confirmed, surveys have shown that flycatchers are in the area 
during nesting periods and could potentially be utilizing shoreline and 
riparian areas where there is suitable habitat, for nesting. However, 
the majority of the shoreline in the recreation area is primarily 
comprised of non-native salt cedar (Tamarix spp.), with relatively few 
areas supporting native vegetation. Fluctuating water levels along the 
shoreline, particularly on Lake Mead, make restoration of vegetation 
communities difficult in most situations. In selected areas, salt cedar 
has been removed and native trees, such as willow and cottonwood, have 
been transplanted in an attempt to re-establish the native riparian 
habitat. Where transplants have been successful, and in other areas 
along Lake Mohave where larger stands of native vegetation exists, 
there is important habitat for bird species and other wildlife. The 
Arizona river otter has been reported in these areas, along with 
beavers, raccoons, and other wildlife species.
    Two endemic fish species remain in the lakes, despite the 
alteration of the riverine environment as a result of the construction 
of the dams. The razorback sucker (Xyrauchen texanus) occurs in both 
lakes, with the largest remaining population in the Colorado River 
system inhabiting Lake Mohave. The bonytail chub (Gila elegans) exists 
in Lake Mohave. Both of these fish are listed as Federally Endangered 
Species. Lakes Mead and Mohave have been designated as critical habitat 
for the razorback sucker, and Lake Mohave has been designated as 
critical habitat for the bonytail chub. The humpback chub (Gila cypha) 
and the Colorado squawfish (Ptychocheilus lucius) are Federally 
Endangered Species that potentially could occur within the recreation 
area, although these species are now not found within the recreation 
area.
    The Virgin River and its 100-year floodplain is proposed critical 
habitat for the Virgin River chub (Gila seminuda) and the woundfin 
(Plagopterus argentissimus), both listed as Endangered Species. The 
Virgin River chub is presently found in the Virgin and Moapa (Muddy) 
rivers and the woundfin is found in the Virgin River, and could 
potentially be found within the recreation area.
    The recreation area provides important habitat for the threatened 
desert tortoise (Gopherus agassizii). This habitat is generally in the 
desert scrub away from the shoreline areas. The relict leopard frog 
(Rana onca) is a species of concern in the recreation area. This 
species was once thought of as extinct, but has been recently found in 
certain springs within the recreation area. Some of these springs are 
located within walking distance of the lakes. However, since most of 
the critical areas for the frogs are located in areas with thick 
vegetation, visitors generally avoid these areas and impacts to frogs 
from recreational use have not occurred.
    There are no listed threatened or endangered plant species in the 
recreation area, though there are a number of sensitive species that 
could be found along the shoreline and below high water levels. The Las 
Vegas bearpoppy (Arctomecon californica), the sticky ringstem 
(Anulocaulis leiosolenus), the threecorner milkvetch (Astragalus geyeri 
var. triquetrus), and the sticky buckwheat (Eriogonum viscidulum) are 
sensitive plant species that have been found around Lake Mead, below 
the high water level.
    The area also represents a continuum of cultural resources from 
prehistoric to historic sites including several culturally sensitive 
areas with sacred and traditional significance to contemporary Native 
Americans. Only a small portion of the recreation area has been 
archeologically surveyed. These surveys have revealed that significant 
prehistoric and historic resources are known to occur along the 
shorelines, and under the waters, of Lake Mead and Mohave. More than 
1,500 known archaeological sites exist in the recreation area. Four 
archaeological complexes, the Grand Wash archaeological district, the 
Overton Beach archaeological district, the Lost City archaeological 
sites, and the Grapevine Canyon petroglyphs are listed on the National 
Register of Historic Places.
    Historic resources related to settlement, ranching, mining, 
exploration, and the construction of Hoover Dam exist in the recreation 
area. These include more than 55 structures on the List of Classified 
Structures related to seven sites on the National Register of Historic 
Places. The recreation area also contains a variety of traditional 
cultural areas and sacred sites.

Motorized Watercraft

    Lake Mead began backing up behind Hoover Dam in 1936. By 1937, the 
estimated visitor use of Lake Mead was 552,128. In the 1950s, Davis Dam 
was completed and Lake Mohave began to fill. Area visitation reached 
one million for the first time in 1946, two million in 1953, and three 
million in 1963. Water-based recreation during these early periods was 
primarily divided between shoreline use and boating. Boating activities 
included exploration of the newly formed reservoirs, and fishing. The 
early boats were primarily constructed of wood and small in size. They 
were vulnerable to winds in the open basins of lakes and boat swamping 
was the predominate boating accident recorded. By the 1970s, visitation 
had jumped to 6 million and there was a corresponding increase in 
boating activity. Lake Mead was being discovered as one of the premier, 
inland water recreation areas. During this period, boat construction 
was greatly

[[Page 56787]]

improved with the majority of boats hulls manufactured with fiberglass. 
This greatly improved safety and reduced the boat swamping incidents. 
With the improved safety of boats on the water, the diversity of 
recreational activities increased. Exploration and fishing continued to 
be popular, but water skiing and speed boating were increasing as 
recreational activities on both lakes.
    Personal watercraft, primarily stand-up models, were first observed 
on Lakes Mead and Mohave in the mid-1970s. In the 1980s, the first sit-
down one- or two-person models were available. From the mid-1980s 
through the mid-1990s, sales grew rapidly, then leveled off starting in 
the mid-1990s. According to visitor use surveys in 1993, use of 
personal watercraft at Lake Mead NRA during this time comprised 15 
percent of the boats on the water at any one time. A rapid increase in 
personal watercraft was observed at Lake Mead NRA starting in 1994, 
when use doubled to 30 percent of the boats on the water at any one 
time. Today there are 11,000 personal watercraft registered in Clark 
County, Nevada and thousands more in the region surrounding Lake Mead 
NRA.
    Many of the 9 to 10 million yearly visitors to the recreation area 
participate in water-based recreational activities, mostly between May 
and September, which are supported at the marina and launch ramp areas. 
There are six marinas and nine paved launch ramps on Lake Mead, and 
three marinas and four paved launch ramps on Lake Mohave. These marinas 
include Lake Mead, Las Vegas Bay, Callville Bay, Echo Bay, Overton 
Beach, and Temple Bar on Lake Mead, and Willow Beach, Cottonwood Cove, 
and Katherine Landing on Lake Mohave. The boat ramps are located at 
Hemenway, Government Wash, and South Cove on Lake Mead, and Princess 
Cove on Lake Mohave. A variety of services are provided at the marina 
areas, including boat rentals, personal watercraft rentals, marina 
slips, dry boat storage, restaurants, campgrounds, and lodging 
facilities.
    Water-based recreation consists of motorboating, houseboating, 
sailboarding, sailing, canoeing, kayaking, rafting, water-skiing, 
wakeboarding, fishing, swimming, SCUBA, use of personal watercraft, 
picnicking, boat touring, nature study, and camping along the 
lakeshore. Recreationists also participate in land-based activities, 
such as driving tours, hiking, and camping in NPS or concessioner-
operated campgrounds.
    An analysis of recreational use of Lake Mead NRA was conducted 
between Memorial Day 1993 and Labor Day 1994 (Graefe 1997). A component 
of this study involved aerial and visitor use surveys to determine what 
recreational activities were occurring at specific locations within the 
recreation area, and the use levels at these locations. This study 
showed that the Boulder Basin of Lake Mead, and the Katherine area of 
Lake Mohave, are consistently the two busiest developed areas in the 
recreation area.
    In addition to the developed areas, there are a number of coves 
that provide highly desirable recreational settings. Coves such as 
North and South Telephone, and Nevada Telephone Cove on Lake Mohave, 
and Government Wash, Boulder Beach, Sandy Cove and Sandy Point, Hamblin 
Bay and Rufus Bay on Lake Mead had the highest reported usage during 
the summer months according to the aerial surveys. According to the 
study, runabouts (defined as less than 24 feet in length) were the most 
common type of boat recorded, accounting for one-half of all boats on 
the lakes. Personal watercraft were the next most common type of 
vessel, accounting for 30 percent of the boats reported by respondents 
and in the aerial surveys. More personal watercraft were recorded on 
Lake Mohave (35 percent of all boats) than on Lake Mead (25 percent of 
all boats). Boating inventories showed that at peak use in the summer, 
there are over 5,000 boats on Lakes Mead and Mohave. It is estimated at 
peak use that there can be in excess of 1,000 personal watercraft 
operating on Lake Mead at any one time and over 700 on Lake Mohave. 
During the non-summer months, personal watercraft use declines as air 
and water temperatures decrease. Between November and March, there are 
few personal watercraft users on the lakes.
    Today, personal watercraft are used throughout Lakes Mead and 
Mohave in numbers roughly equal to or slightly above 1993/1994 numbers, 
according to annual boat counts performed by the park over Labor Day 
weekend. The highest densities are observed in the urban interface 
areas of the lakes--the Boulder Basin of Lake Mead and in the lower 
portion of Lake Mohave. Today's models are capable of operating at 
speeds in excess of 60 miles per hour with engines producing 225 
horsepower. Personal watercraft are quick and maneuverable. They can be 
operated at high speeds and are usually operated within \1/2\ mile of 
the shoreline. They are used for the exploration of the lakes, to 
travel to popular beaches and coves, and for the speed and thrill of 
the ride. They can carry up to three passengers, or can pull a skier 
and carry an observer.
    Personal watercraft users often congregate in shoreline accessible 
areas. A typical party will include two personal watercraft and 6 to 8 
individuals. A base camp is established along the shoreline and use is 
rotated among the group. On Lake Mead, use is concentrated at 
Horsepower Cove, Saddle Cove, and Government Wash. Each of these sites 
is accessible by vehicle and within 30 minutes of the Las Vegas Valley. 
Similarly, on Lake Mohave, use is concentrated at Arizona and Nevada 
Telephone Coves and Cabinsite Point. Due to the narrow configuration of 
the lower portion of Lake Mohave, personal watercraft are required to 
mix with other boats and boating activities.
    Personal watercraft are often used as tag-alongs with other boats. 
It is not uncommon to see personal watercraft being towed behind a 
houseboat as part of a houseboat vacation. Seldom are personal 
watercraft seen entering the more remote portions of the lake without 
the support of another vessel. Towable trailers are available for 
personal watercraft users that allow personal watercraft to bring 
camping gear and fuel to support their visit. These trailers are rarely 
observed on either Lakes Mead or Mohave.
    The majority of personal watercraft are powered by conventional 
carburated two-cycle engines and have a typical operating life of 5-7 
years (Correspondence from the Personal Watercraft Industry Association 
dated May 28, 2002). The newer personal watercraft with fuel injected 
two-cycle and four-cycle engines are available locally and comprise a 
significant percentage (60-75%) of new personal watercraft sales 
(Telephone Conversation of June 3, 2002, with Dan Boyle, Owner of 
Marine Products Pro Shop, a prominent personal watercraft dealer in 
Southern Nevada). The newer engines are advertised by manufacturers as 
being 30 percent more efficient than the earlier models. This means the 
vessels can travel 30 percent farther and produce 30 percent less 
emissions than the earlier models.

Incidents

    Every year at Lake Mead NRA there are a number of boat accidents, 
and some involve personal watercraft. In 2000, there were 183 reported 
boat accidents at Lake Mead NRA, 181 in 1999, and 164 in 1998. Based 
upon data compiled in 1999 by the Nevada State Boating Law 
Administrator, who compiles and reports accident figures for all 
boating enforcement agencies,

[[Page 56788]]

personal watercraft were involved in 33 percent of reported Lake Mead 
NRA boat accidents. Thus, there were approximately 60 personal 
watercraft-involved boat accidents in 1999. In 1999, there was one 
motorboat accident fatality at Lake Mead NRA, and no personal 
watercraft-related fatalities. There were a total of 39 injury boat 
accidents at Lake Mead NRA in 1999; however, the number of personal 
watercraft boat accidents resulting in non-fatal injuries at Lake Mead 
NRA is not available.
    Boater inexperience and lack of boater education are common factors 
in all recreational boat accidents, including accidents by personal 
watercraft operators. The speed, maneuverability, and the type of use 
can create dangerous conditions related to personal watercraft use. 
Often groups of people share several personal watercraft. Many lack the 
experience and education necessary to safely operate these vessels. 
Personal watercraft accidents commonly result from operation in close 
proximity to other personal watercraft, which is reflected in the 
number of fatalities and injuries related to blunt trauma. Operators of 
personal watercraft often show social behaviors distinct from operators 
of motorboats. Personal watercraft operators frequently maneuver close 
to other family members or friends who are swimming or wading, or on 
separate personal watercraft. Close-proximity operation among personal 
watercraft operators often involves chasing, following, ``spraying'', 
and dodging type activities.
    This behavior is reported frequently at Lake Mead NRA by patrol 
rangers on the lakes, and it can lead to accidents and fatalities. In 
1998, at Hemenway Harbor, Lake Mead, a male victim was struck by his 
son. Both were riding separately on borrowed personal watercraft, 
traveling in the same direction, the father in front. When the first 
personal watercraft ran out of fuel, it stalled, and the son struck the 
father. Neither had experience or formal training. The father died from 
massive internal injuries to the chest and abdomen. Similar accidents 
occurred in 2001, where two men were killed, and one man was severely 
injured, in separate accidents when their personal watercraft were 
struck by another personal watercraft operated by their respective 
female companions. In the one accident the operators were attempting to 
splash each other with their personal watercraft. Lack of experience, 
knowledge, and training is also a factor in some accidents. In 1998, at 
Lake Mohave, a male operating a jet ski at night apparently hit some 
rocks near the shoreline while traveling at a high rate of speed and 
suffered severe head trauma.
    There are statistics for incident reports and water-related 
offenses for all types of watercraft in the recreation area, but 
separate data for violation notices issue to personal watercraft 
operators are not maintained. However, the NPS anticipates modifying 
existing statistical software to accommodate separate statistics on 
incidents and notices involving PWC. The National Transportation Safety 
Board (NTSB) reports that the number of recreational boat accident 
fatalities have been declining nationwide in recent years; however, the 
number of personal watercraft-related fatalities have been increasing. 
A 1998 National Transportation Safety Board report states that personal 
watercraft boat accidents are the only type of recreational boat 
accident for which the leading cause of death is not drowning. The 
report indicates that more persons involved in personal watercraft 
fatalities die from blunt trauma than from drowning. A 1996 study by 
the National Association of State Boating Law Administrators indicates 
that personal watercraft were involved in approximately 36 percent of 
all boat accidents nationwide. Similarly, information from the National 
Marine Manufacturers Association (NMMA) and the U.S. Coast Guard for 
1996 and 1997 suggest that personal watercraft were involved in 36 
percent of all boat accidents nationwide.

State and Local Boating Regulations

    State and local boating regulations are addressed here because both 
federal and state agencies regulate boating on Lakes Mead and Mohave. 
The NPS enforces both federal regulations for inland waterways, and 
adopted non-conflicting state regulations of the States of Nevada and 
Arizona. There are significant differences between the agencies' 
boating regulations. Examples of these differences are: minimum age of 
operators, requirements for personal floatation devices, speed in 
proximity to other vessels and near shore areas, definition of personal 
watercraft, reckless operation, operation around dive flags, and 
boating education requirements.
    According to the analysis of recreational use, 50 percent of the 
boaters on Lakes Mead and Mohave originate from California. In addition 
to the federal boating laws, California boaters must also operate under 
Nevada and Arizona boating laws. The age to operate a personal 
watercraft differs in each state; 12 in Arizona, 14 in Nevada 
(effective January 2003), and 16 in California. Nevada will require 
proof of boating education in 2003; neither Arizona or California have 
such a requirement. In addition to knowing the various state and 
federal laws, boaters must know where they are at any given time on the 
lakes to know which set of boating laws apply. There is a need for the 
various agencies to unify the boating laws to reduce the burden on 
boaters.

Resource Protection and Public Use Issues

    The following summarizes the predominant resource protection and 
public use issues associated with PWC use at Lake Mead National 
Recreation Area. Each of these issues is discussed in greater detail in 
the ``Draft Lake Management Plan/Environmental Impact Statement'' 
released for public review on April 24, 2002.
    Wildlife and Wildlife Habitat: Park staff have noted through field 
observations that bird species can be disturbed from the operation of 
personal watercraft and boats. This is evident particularly in shallow 
areas and inflow regions where nesting sites could possibly be 
disturbed. Access to shoreline wildlife habitat by motorized vessels, 
including personal watercraft, could disturb wildlife through the 
interruption of normal activities, alarm or flight, avoidance and 
displacement of habitat, and nest abandonment. The combination of 
personal watercraft speed, noise, and ability to access shallow 
shoreline areas can disrupt riparian habitat areas critical to 
wildlife. At Lake Mead NRA of particular importance is bird habitat at 
the inflow areas of the Colorado, Muddy, and Virgin rivers, and along 
portions of Lake Mohave. The Muddy River inflow has restricted use 
during three months of the year under the management of the Nevada 
Division of Wildlife at the Overton Wildlife Management Area.
    Aquatic habitat and species would be protected in the inflow area 
of the Virgin River, by the prohibition of all motorized vessels, 
including personal watercraft. Prohibiting the use of all motorized 
vessels in these areas would prevent the disturbance of important 
aquatic and nesting habitat from this use. This would be a beneficial 
impact to nesting and migratory bird species.
    The added level of protection to the sensitive inflow area of the 
Virgin River from the prohibition of motorized vessels, including 
personal watercraft, would assure that wildlife species that rely on 
this for habitat, such as bird species, would be protected, allowing 
for the perpetuation of species diversity within these areas of the 
recreation area. This would benefit bird species that use

[[Page 56789]]

these areas on a broad scale as these areas are considered extremely 
important for migratory birds. Implementing a 100-foot flat-wake zone 
would slow vessels down to flat-wake speed within 100 feet of all the 
shoreline areas of Lakes Mead and Mohave. This would provide some 
protection to shoreline wildlife by reducing the impacts associated 
with speed, wake, and disturbance.
    Threatened and Endangered Species: The use of motorized vessels, 
including personal watercraft, could disturb threatened and endangered 
species that occupy habitat close to or within Lake Mead and Lake 
Mohave. The species of concern that occupy shoreline or lake habitat 
include the Southwestern willow flycatcher (Empidonax traillii 
extimus), Yuma clapper rail (Rallus longirostris yumanensis), bald 
eagle (Haliaeetus leucocephalus), razorback sucker (Xyrauchen texanus), 
and the bonytail chub (Gila elegans). Designated critical habitat for 
the bonytail and razorback sucker would also be affected. Formal 
section 7 consultation under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), as amended, was initiated April 24, 2002, to 
determine the possible effects of the ``Draft Lake Management Plan/
Environmental Impact Statement,'' including components related to the 
proposed rule.
    Motorized use close to Southwestern willow flycatcher habitat could 
disturb this species and cause them to abandon the area, as described 
in the previous section under wildlife. Zoning to restrict motorized 
uses in the inflow area of the Virgin River would protect the most 
significant willow flycatcher habitat at Lake Mead NRA by eliminating 
the impacts from noise, wake, and the discharge of gasoline and 
gasoline-related compounds from motorized vessels. The 100-foot flat-
wake zones established along the shoreline of Lake Mohave would also 
provide additional protection by reducing wake and the disturbance 
associated with high speed operation of personal watercraft. No further 
zoning would occur at this time along Lake Mohave at potential willow 
flycatcher habitat. Although these no confirmed nests have been found 
at the sites along Lake Mohave, willow flycatchers have been recorded 
during nesting season and it is likely that nesting is occurring. 
Monitoring conducted by BOR and NPS biologists would continue along the 
shoreline of Lake Mohave for willow flycatchers. If nesting sites are 
found, temporal shoreline zoning to restrict motorized use during 
nesting season would be imposed. While overall effect of this 
alternative is beneficial to the species, nesting pairs or individuals 
could likely be adversely affected by continued recreational use near 
potential nesting sites along Lake Mohave. Personal watercraft use can 
not be singled out as a direct impact to this species since the most 
significant existing habitat and potential habitat occur in inflow 
areas that are frequented by all motorized users. Additionally, the 
habitat is very transitory and low lake levels have made motorized 
access to habitat and potential habitat nearly impossible by any 
recreational boat users.
    No Yuma clapper rails have been recorded within Lake Mead NRA. 
However, potential Yuma clapper rail habitat would be protected in the 
Virgin inflow area where motorized use would be eliminated. Potential 
habitat is also located in Las Vegas Wash. Habitat restoration is 
ongoing within the forum of the Las Vegas Wash Coordination Committee 
and in ongoing projects within Lake Mead NRA that further protects and 
restores potential habitat in Las Vegas Wash. Due to these protective 
measures, the preferred alternative would not likely adversely affect 
the Yuma clapper rail.
    The bald eagle is a non-breeding winter visitor to Lakes Mead and 
Mohave. The bald eagle occupies high cliffs and trees adjacent to the 
lakes. The annual winter bald eagle count has shown increasing numbers 
for the past several years, with a record 79 bald eagles counted in 
2002. Since recreational use of the lakes in the winter is low when the 
bald eagle is present, and visitation and motorized use, particularly 
personal watercraft use, during this period is expected to remain low 
in the future, we have determined that the proposed rule would not 
likely adversely affect the bald eagle.
    The impacts of recreational use, including personal watercraft use, 
on endangered razorback suckers and bonytail chub, have not been 
thoroughly studied within the recreation area. Biologists studying the 
razorback sucker for the past ten years have noted that the use of 
motorized vessels in and around the razorback sucker spawning 
aggregations along the shorelines of Lake Mohave causes a great deal of 
turmoil. Passing watercraft interrupts spawning, displaces staging and 
spawning fish, disturbs substrates, and generally bothers the fish, 
their behavior, and their habitat. This is especially a concern where 
fish are using the shallower shoreline areas where boat motors and 
their noise and turbulence are in close proximity to the fish. 
Razorback suckers spawn in January through early April, and occupy 
specific shoreline areas at this time. It is likely that they are more 
sensitive to disturbance during this period, however, this is also a 
period of low visitor use on the lakes.
    The use of motorized vessels, including personal watercraft, during 
the summer would not likely adversely affect razorback suckers since 
they do not spawn during that time. Increased visitor use during the 
shoulder seasons at spawning areas could likely adversely affect 
razorback suckers by interrupting their spawning activities. The NPS 
would continue to work with area biologists under the coordinated 
effort of the Native Fish Work Group to determine if temporal zoning of 
spawning areas should be imposed between January and April. The 100-
foot flat-wake zone would provide additional protection for the 
razorback sucker since spawning areas are close to the shoreline and 
this would reduce the impacts associated with disturbance.
    Bonytail chub are known to spawn during May, when increasing 
numbers of visitors are using the lakes. It is likely that disturbances 
associated with the use of motorized vessels occur to this species, 
particularly during spawning. In addition, since the bonytail is known 
to spawn in the southern portion of Lake Mohave, where there is 
concentrated use by motorized vessels along the shoreline, there could 
be impacts to water quality from the use of motorized vessels. The 
bonytail chub would continue to be monitored by area biologists. The 
100-foot flat-wake zone could reduce recreational use of spawning 
areas, thus reducing the impacts from motorized use. Future efforts 
could include temporal zoning of known spawning areas. Under Section 7, 
the NPS has determined that continued use by motorized vessels in 
spawning areas would likely adversely affect the razorback sucker and 
the bonytail chub. Personal watercraft use can not be singled out as a 
direct impact to these species. The NPS has been working with the 
Native Fish Work Group for the past ten years to monitor razorback 
sucker spawning areas. This extensive monitoring program, which 
includes capture and tagging of adult fish, and a larvae capture and 
rearing program, will continue into the future. Recreational use has 
been monitored by observation by the biologists who comprise the Native 
Fish Work Group. If recreational use increases in spawning areas, them 
temporal zoning would be imposed to close the spawning sites to all 
motorized use.
    Shoreline Vegetation: Shoreline vegetation along Lake Mead consists

[[Page 56790]]

primarily of non-native salt cedar (tamarisk). The shoreline vegetation 
along Lake Mohave is also dominated by tamarisk, but there are periodic 
stands of native willows and cottonwood trees. The NPS has instituted a 
program to remove salt cedar at selected areas around the lakes. Native 
riparian species are planted at these areas, and native habitat could 
be restored if transplant efforts are successful. While recreational 
use along the shoreline areas could impact these species by direct 
cutting and trampling, personal watercraft use can not be singled out 
as a direct impact to these species.
    Access to shoreline areas by recreationists could lead to the 
disturbance of sensitive plant species. Sensitive plants species that 
grow in sandy areas could be trampled by recreational use of these 
areas. Again, personal watercraft use can not be singled out as the 
sole source of this impact. This impact is minor compared with the 
fluctuating lake levels and overall use of the shoreline areas by all 
types of recreationists.
    Water Quality: Two-cycle, non-fuel injected engines, which includes 
not only the majority of personal watercraft in use today but also 
other boats, can discharge up to 30 percent of their gas and oil 
emissions directly into the water (``Water Quality Concerns Related to 
Personal Watercraft, Final Report'' NPS 1999). Hydrocarbons, benzene, 
toluene, and xylene are also released, as well as MTBE's. These 
discharges have the potential to adversely affect water quality where 
concentrated use occurs. While gasoline compounds do enter the lake 
from current boating use (including conventional two-cycle engines) and 
from other sources (such as fuel spills and parking lot runoff), due in 
part to the volume of the reservoirs and the high volatility of many of 
these compounds, concentrations have remained well below levels that 
are known to result in detrimental impacts on the aquatic system of 
Lakes Mead and Mohave, or on human health.
    The Environmental Protection Agency (EPA) has adopted regulations 
(40 CFR part 91) that require marine engine manufacturers, including 
manufacturers of personal watercraft, to improve the efficiency of 
engines by the year 2006. The EPA regulations prohibit the sale after 
2006 of any PWCs that do not meet the EPA reduced emissions standards 
for marine vessel engines. The EPA expects a 50% reduction in 
hydrocarbon emissions from marine engines from present levels by 2020, 
and a 75% reduction by 2025 (EPA 1996). This rule, consistent with the 
conservation mandate in the NPS Organic Act, proposes to prohibit after 
2012 the use of personal watercraft not meeting the EPA requirements, 
thus reducing the amount of gasoline and gasoline additives that are 
deposited into the lakes and enhancing the water quality of Lakes Mead 
and Mohave sooner than these benefits would be achieved relying soley 
on the EPA requirement. Until 2012, any carburated two-cycle engines, 
including personal watercraft, would continue to be allowed to operate 
on the lakes, with the exception of the ban on personal watercraft and 
other motorized uses in the sensitive inflow areas and in the Gypsum 
Reefs area and Grand Wash Bay. This would allow for those who purchased 
a new personal watercraft this year to enjoy the anticipated life of 
that engine and would minimize the economic impact of the restriction 
for individual owners. After final adoption of the ``Draft Lake 
Management Plan/Environmental Impact Statement'' the park will propose 
a similar rule for all watercraft engines. It is the goal to reduce 
emissions by motorized vessels before the full force of the EPA 
requirements are in place. In order to enforce such a regulation, the 
NPS would annually obtain a list of current engines produced by PWC and 
other boat engine manufacturers that meet the EPA requirements. Any 
craft not meeting the EPA engine requirements would be removed from the 
lake and could be ticketed and fined.
    It is estimated that up to one-third of the fuel passes through the 
current two-cycle engines unburned. This can create a visible sheen on 
the water in high use areas of the lakes. Based on fuel consumption 
estimates, between 1\1/2\ and 3 gallons of fuel is discharged into the 
water during a two-hour ride on a personal watercraft. During the 
summer weekends in high use areas, there can be up to 1,700 personal 
watercraft on the lakes. This could result in 1,275 to 3,400 gallons of 
unburned fuel discharged per hour into Lakes Mead and Mohave combined. 
A typical recreation day on Lake Mead is 5.2 hours, which means that on 
any given summer weekend day, up to 27,000 gallons of unburned fuel 
could be discharged into the lakes' waters of Lakes Mead and Mohave 
just from the use of personal watercraft. The EPA has cited studies 
concluding that approximately 65% of the discharged unburned fuel 
mixture evaporated from the water surface at air temperatures normally 
encountered during the boating season.
    The elimination of carburated two-cycle engines in 2012 would 
eventually result in less fuel being discharged into the lakes from 
these engines. It would reduce the visible sheen on the water in high 
use coves. Prohibiting the use of motorized vessels in the Virgin River 
inflow area and the Gypsum Reefs area would likely improve water 
quality in these areas. However, recent studies have shown that 
changing from two-cycle carbureted engines to two-cycle fuel injected 
engines might increase PAH emissions. The full impact of this is not 
known, but scientific analysis would continue and hopefully resolve 
this issue. The large size of Lake Mead and Mohave, and the volatile 
nature of BTEX compounds eliminates the potential for the building of 
concentrations of chemicals that could result in the impairment of the 
aquatic system.
    At all shoreline accessible sites personal watercraft fueling is an 
issue. Because the shoreline site used as a base for their visit is 
distant to a marina, most personal watercraft users bring fuel in 
containers to the lake. Fueling at the shoreline is dangerous as some 
spillage is likely to occur into the water. Polluting or contaminating 
park areas waters or water courses is prohibited (36 CFR 2.14(6)). 
Higher levels of enforcement of the this regulation and increased 
education would help reduce the impacts from this activity.
    Air Quality: Lake Mead NRA is designated as a class II air quality 
area under the Clean Air Act. The air quality of the Lake Mead region 
is in attainment of the national ambient air quality standards; 
however, some degradation of the air quality is evident throughout the 
lower elevations of the recreation area. The sources of air pollutants 
come primarily from outside the park and can concentrate, especially 
during periods of atmospheric inversion, in the park, causing visible 
smog. There are sources of air pollutants that are generated within the 
park, including pollutants contained in the exhaust of motorized 
vessels. The combustion process of motorized vessels results in 
emissions of air pollutants such as volatile organic compounds (VOC), 
nitrogen oxides (NOX), particulate matter (PM), and carbon 
monoxide (CO) (EPA). The EPA noted that gasoline outboards and personal 
watercraft account for approximately 5% of the national mobile sources 
of volatile organic compounds, which may cause areas with large boat 
populations to exceed 10% of the regional hydrocarbons inventory (EPA 
2000). Some literature suggests that carburated two-cycle outboard 
engines and personal watercraft use create nearly as much atmospheric 
pollution as all cars in the United States. In a report on personal 
watercraft, the Izaak Walton League

[[Page 56791]]

(IWL) stated that operating a 100-horsepower personal watercraft for 
seven hours generated air emissions equivalent to a 1998 passenger car 
operated for 100,000 miles (IWL 99). However, the personal watercraft 
groups state that the IWL data originated from tests comparing old 
technology personal watercraft with automobiles specifically developed 
to meet California's most stringent emissions standards. In addition, 
the personal watercraft groups assert that all marine engines combined 
account for only 3% of the total hydrocarbon emissions in the United 
States (Seadoo 2000; American Watercraft Association [AWA] 2001). With 
the new technology, these emissions will eventually be reduced to less 
that 1%.
    Although there is existing data showing that two-cycle engines emit 
pollutants into the air, there is little data that shows specifically 
what impacts personal watercraft emissions have on air quality. On 
Lakes Mead and Mohave, the current impacts from carburated two-cycle 
engines, including personal watercraft, occur intermittently in high-
use areas, primarily between May and September. These impacts include 
visible smoke and the smell of exhaust and gasoline fumes. These 
impacts are considered moderate and have not been shown to exceed the 
national ambient air quality standards under the Clean Air Act or the 
EPA air quality index. The personal watercraft industry asserts that 
the highest volume selling models today are the cleaner-burning 
personal watercraft (PWIA 2001), therefore, there is expected to be 
some beneficial impacts up through 2012 as older models are replaced by 
the newer models. Once the proposed 2012 requirement prohibiting 
carburated two-cycle engines from the recreation area is in place, air 
quality is expected to improve in the high use coves where carburated 
two-cycle engines are currently heavily used. The EPA expects a 50% 
reduction in hydrocarbon emissions from marine engines from present 
levels by 2020, and a 75% reduction by 2025 (EPA 1996). The NPS 
proposed to prohibit after 2012 the use of personal watercraft not 
meeting the EPA requirements, therefore, the expected reductions in 
hydrocarbon emissions would be achieved in 2012, instead of the later 
dates as a result of the EPA requirements. After the final adoption of 
the ``Lake Management Plan/Environmental Impact Statement,'' the park 
will propose a similar rule for all watercraft engines.
    Soundscapes: Most visitors to Lakes Mead and Mohave have 
expectations of noise from motorized vessels. According to visitor use 
surveys, more than 60% of all visitors to the recreation area utilized 
motorized vessels as part of their experience (Graefe and Holland 
1997). On a typical summer weekend there are approximately 4,000 boats 
operating at any one time on the waters of Lakes Mead and Mohave. At 
peak use this number exceeds 5,000 boats, of which approximately 1,700 
are personal watercraft. During these times the sound of boats can be 
continuous in the urban park and urban natural zones. Boat noise is 
noticeable in the rural natural zones during periods of high boating 
activity but there are extended periods when boating noise is not 
noticeable.
    Noise from watercraft operating in excess of the noise decibel 
requirements could negatively impact visitors. Noise abatement is 
regulated by the NPS within Lake Mead NRA and other units of the 
National Park System (36 CFR 3.7). ``Operating a vessel in or upon 
inland waters so as to exceed a noise level of 82 decibels measured at 
a distance of 82 feet (25 meters) from the vessel is prohibited.'' 
These standards are difficult to enforce as they require estimation of 
distances in addition to monitoring sound. The NPS is proposing to 
amend 36 CFR 3.7 to a different SAE testing standard in order to make 
enforcement of our existing decibel level easier.
    Boating noise is also regulated by the States of Nevada and 
Arizona. The respective states have developed standards relative to 
boat noise and these standards are enforced by state law enforcement 
officers on Lakes Mead and Mohave. Nevada has promulgated a new rule 
that includes a noise standard at any location in addition to the 
specific standards at specific distances. This standard is 75 dbl at 
any speed or distance. Unaltered pre-1998 personal watercraft 
technology and current personal watercraft technology will meet this 
standard. The NPS will also be working with the states to try to 
develop a consistent noise standard that would be utilized by all 
enforcement officers.
    The nature of the noise generated from personal watercraft may be 
more disturbing than other watercraft operating at similar decibels due 
to rapid changes in acceleration and direction typical of the operation 
of personal watercraft. These craft typically have a higher pitched 
engine sound and because the exhaust is emitted beneath the vessels, 
there are times when the pitch varies as the bottom of the craft is 
exposed. This occurs during turns or as the craft bounces on the water. 
The changes in pitch can be annoying to some visitors, but are within 
the federal and state noise standards described above. Some literature 
suggests that noise from personal watercraft could have a greater 
impact on wildlife in the inflow areas because of their speed and 
ability to access shallow-water areas more readily than other types of 
watercraft. This could force waterfowl and other shorebirds from their 
nests and habitat, causing nest abandonment, stress, and associated 
behavior changes.
    The prohibition of all motorized vessels in the Virgin River inflow 
area and the Gypsum Reefs area would provide an area of the lake where 
human-generated noise is minimal. This could improve visitor experience 
for those seeking natural quiet, and would protect wildlife in these 
areas from the impacts associated with noise. The 100-foot flat-wake 
zone could also reduce noise impacts particularly from personal 
watercraft use close to the shoreline as personal watercraft would be 
forced to slow to flat-wake in those areas, thus slightly reducing the 
noise generated from their use.
    In addition, manufacturers of personal watercraft are aware of the 
concerns of the public related to the noise of their operation. 
Although there is currently no legal requirement, manufacturers are 
currently taking steps to reduce the noise by using more rubber in 
construction and eliminating vibrations. It is anticipated the personal 
watercraft manufacturers will continue to reduce the noise associated 
with personal watercraft. As the existing fleet is converted to the 
newer engine technology by the year 2012, noise will also be 
significantly reduced since a secondary benefit of the EPA compliant 
engines is reduced noise emissions.
    Visitor Use, Conflicts, and Safety: The objectives of the ``Draft 
Lake Management Plan/Environmental Impact Statement'' as they relate to 
visitor use, conflicts, and safety, are to provide a range of water-
oriented recreational opportunities, provide a quality recreational 
setting, while reducing water and shoreline conflicts and protecting 
the natural and cultural resources of the recreation area. Visitor use 
surveys at Lake Mead NRA showed that some visitors believe that 
personal watercraft use creates conflicts among recreational user 
groups, mainly due to their noise, speed, and type of use (Graefe and 
Holland 1997). Other visitors believe that personal watercraft are no 
different from other motorized vessels. Nevertheless, conflict can 
occur between personal watercraft users and other recreationists, and 
this can lead to visitor dissatisfaction.
    Personal watercraft would continue to be authorized in the majority 
of Lakes

[[Page 56792]]

Mead and Mohave, except in the Virgin River inflow area and the Gypsum 
Beds areas (where all motorized use would be eliminated), Black Canyon 
above Willow Beach, Grand Wash, and where prohibited elsewhere with 
buoys or signs. These restrictions would provide for a range of 
recreational opportunities, and would eliminate conflict in these areas 
between personal watercraft users and other recreationists. This will 
be particularly evident in the Black Canyon area, where the highest 
level of non-motorized use occurs in the recreation area.
    The use of motorized vessels, including personal watercraft, can 
lead to unsafe conditions in certain circumstances, including reckless 
operation, operation at high speeds, operation in storms or inclement 
weather conditions, unsafe operation in high density boating areas, and 
operation by uneducated and/or inexperienced users. The operation of 
personal watercraft can be dangerous due to the nature of the 
watercraft. Personal watercraft have limited turning capabilities when 
not under propulsion. This has been one of the chief factors in 
personal watercraft-related accidents. Manufacturers are working to 
resolve this issue. In addition, personal watercraft can operate at 
high speeds close to the shoreline. This can create unsafe conditions 
and a safety hazard to other users, including swimmers, canoeists, 
kayakers, etc. The 100-foot shoreline flat-wake zone would improve the 
visitor experience by reducing the potential for accidents in shoreline 
areas and improve the safety of boaters, swimmers, and recreationists 
at the water's edge. It would eliminate the high-speed operation of 
personal watercraft within 100-feet of the shoreline of both lakes.

Authorizing PWC Use

    Under the Preferred Alternative (Alternative C) of the ``Draft Lake 
Management Plan/Environmental Impact Statement'' and proposed rule, 
personal watercraft, along with other types of motorized vessels, would 
be allowed to operate at Lakes Mead and Mohave except areas closed for 
appropriate management reasons. Unrestricted motorized use would be 
allowed in the Rural Natural, Urban Natural and Urban Park zones. All 
motorized use, including personal watercraft use, would be prohibited 
in the Primitive Zones. Motorized use of the Semi-Primitive Zones would 
be limited to 65 horsepower or less. These actions would prohibit use 
of personal watercraft in approximately 2 percent of the lake waters.
    Specific areas affected by this zoning would be Grand Wash Bay, 
Gypsum Bay and Reefs, and Black Canyon from below the dam to the Willow 
Beach area. Black Canyon would be temporally zoned for the nine month 
period from Labor Day to Memorial Day to allow engines with less than 
65 horsepower to operate in the zone five days per week and prohibiting 
all engines two days each week. Personal watercraft would be prohibited 
from this area because their engines are greater than 65 horsepower. 
There would also be boating prohibitions at the confluence of the 
Virgin River with Lake Mead. This area is relatively small and only 
include the mixing zones between the rivers and the lake. Use in this 
area would be restricted due to the sensitive nature of the habitat in 
these locations. Personal watercraft would also be prohibited in areas 
zoned for specific uses such as designated fishing areas and SCUBA 
areas. These specific zones are located in the urban interface areas 
associated with the Boulder Basin on Lake Mead and in the Katherine 
Landing area of Lake Mohave. A 100-foot flat-wake zone would be 
established around the shoreline of both Lakes Mead and Mohave, 
primarily for safety purposes, but could provide some minimum 
protection for shoreline wildlife.
    As mentioned above the Environmental Protection Agency, as directed 
by the Clean Air Act, has adopted regulations for all marine engines, 
including personal watercraft. By the year 2006, all newly manufactured 
personal watercraft engines must meet specific emission requirements. 
It is estimated by the Personal Watercraft Industry Association the 
life of a personal watercraft is five to seven years(PWIA 2002). The 
``Draft Lake Management Plan/Environmental Impact Statement'' should be 
finalized in 2002. Therefore, allowing a ten-year transition period, by 
the year 2012, all two-cycle engines used at Lake Mead NRA would be 
required to meet the 2006 emission standards. This would allow for 
those who purchased a new personal watercraft this year to enjoy the 
anticipated life of that engine and would minimize the economic impact 
of the restriction for individual owners.

History of Public Involvement

    Public meetings were initiated in January 1993 to help identify and 
summarize significant issues related to the management of recreation on 
Lakes Mead and Mohave. A notice of intent to prepare the ``Lake 
Management Plan'' and Environmental Impact Statement was published in 
the Federal Register (58 FR 26344) on May 3, 1993. Between January 1993 
and September 2000, more than 100 public scoping meetings, public 
information meetings, and presentations on the development of a ``Lake 
Management Plan'' for Lake Mead NRA, were held throughout the area. 
Presentations were made to various groups, including local, county, 
state, and federal agencies, tribal representatives, concessioners, and 
various clubs. A mailing list of interested parties was compiled from 
attendees at the meetings and from any written comments received at the 
recreation area. In addition, a detailed visitor use inventory and 
survey of lake users was completed in 1994. In December 1996, a scoping 
issues newsletter was mailed to interested parties to provide an update 
on the issues related to the development of the plan. Public 
information meetings were held from May through July 1998, to provide 
more information on the development of the plan.
    During this first comment period, Lake Mead NRA received more than 
1,000 comment letters, the majority of them directly related to 
personal watercraft use. Comments ranged from the support of the 
continued use of personal watercraft throughout the recreation area, to 
a total ban on personal watercraft use, to restrictions in selected 
areas of the recreation area. Issues generated during the comment 
period included visitor safety concerns related to illegal and reckless 
operation of personal watercraft, conflicts among different user 
groups, educational requirements for all boaters, potential impacts to 
sensitive resources, and questions concerning the impacts of personal 
watercraft use related to other motorized vessels.
    The Lake Mead NRA ``Draft Lake Management Plan and Environmental 
Impact Statement'' was made available for public review on April 24, 
2002. The draft plan was available in hard copy, on computer disk, and 
on the park's website at www.nps.gov/lame/lmpdraft/home.htm. Public 
meetings were held with the release of the draft plan and proposed rule 
for personal watercraft use. These meetings were held at various 
locations to discuss the components of the ``Draft Lake Management 
Plan/Environmental Impact Statement,'' and solicit public response 
related to all aspects of the plan, including the proposed rule for 
personal watercraft use. Public comments on the plan were excepted 
through June 26, 2002. This proposed rule is based on the preferred 
alternative in the ``Draft Lake Management Plan/Environmental Impact 
Statement'' and

[[Page 56793]]

the comments submitted on the DLMP/EIS have not been incorporated into 
this proposed rule. Comments on both documents will be incorporated 
into the Final Lake Management Plan/Environmental Impact Statement and 
final rule.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is a significant rule and has been reviewed by the 
Office of Management and Budget under Executive Order 12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. This determinate is based upon the findings in a report 
prepared by the National Park Service entitled ``Economic Analysis of 
Personal Watercraft Regulations in Lake Mead National Recreation Area'' 
(Law Engineering and Environmental Services, Inc., March 2002). The 
focus of this study was to document the impact of this rule on a 
variety of small entities including PWC dealerships and repair shops, 
PWC rental business, and other local businesses that provide services 
to PWC users.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. Actions 
taken under this rule will not interfere with other agencies or local 
government plans, policies, or controls. This is an agency specific 
rule.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. This rule will have no effects on entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. No grants or other forms of monetary supplements are 
involved.
    (4) This rule raises novel legal or policy issues. This rule is 
among the first of its kind for managing PWC use in National Park Units 
and the first for managing use in a National Recreation Area. The 
National Park Service published general regulations (36 CFR 3.24) in 
March 2000, requiring individual park areas to adopt special 
regulations to authorize PWC use. The implementation of the 
requirements of the general regulation continues to generate interest 
and discussion from the public concerning the overall effect of 
authorizing PWC use and National Park Service policy and park 
management.

Regulatory Flexibility Act

    The Department of the Interior certifies 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.). 
See economic insert above.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. The National Park Service 
has completed an economic analysis to make this determination. This 
rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have a significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local or tribal governments or the private sector.This rule is an 
agency specific rule and imposes no other requirements on other 
agencies, governments, or the private sector.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A taking implication assessment is 
not required. No taking of personal property will occur as a result of 
this rule.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This proposed rule only affects use of NPS 
administered lands and waters. It has no outside effects on other areas 
by allowing PWC use in specific areas of the park.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB form 83-I is not required.

National Environmental Policy Act

    The National Park Service has analyzed this rule in accordance with 
the criteria of the National Environmental Policy Act and has prepared 
a draft Environmental Impact Statement (EIS). The draft EIS was made 
available for public review and comment on April 24, 2002. A copy of 
the Draft EIS is available by contacting the Superintendent, Lake Mead 
National Recreation Area.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government to Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2: We have evaluated potential 
effects on federally recognized Indian tribes and have determined that 
there are no potential effects.

Clarity of Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to read if it were divided into 
more (but shorter) sections? (A ``section'' appears in bold type and is 
preceded by the symbol ``Sec.  '' and a numbered heading; for example 
Sec.  7.48 Lake Mead National Recreation Area). (5) Is the description 
of the rule in the ``Supplementary Information'' section of the 
preamble helpful in understanding the proposed rule? What else could we 
do to make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW,

[[Page 56794]]

Washington, DC 20240. You may also email the comments to this address: 
[email protected].
    Drafting Information: The primary authors of this regulation were 
Jim Holland, Park Planner; Nancy Hendricks, Resource Management 
Specialist; and Kevin Hendricks, Assistant Chief Ranger, Lake Mead 
National Recreation Area.
    Public Participation: If you wish to comment, you may submit your 
comments by any one of several methods. You may mail written comments 
to: Jim Holland, Management Assistant, Lake Mead National Recreation 
Area, 601 Nevada Way, Boulder City, Nevada 89005. You may also comment 
via the Internet to [email protected]. Please also include ``PWC 
rule'' in the subject line and your name and return address in the body 
of your Internet message. Finally, you may hand deliver comments to Jim 
Holland at the above address. Our practice is to make comments, 
including names and addresses of respondents, available for public 
review during regular business hours. Individual respondents may 
request that we withhold their home address from the rulemaking record, 
which we will honor to the extent allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials or organizations or businesses, available 
for public inspection in their entirety.

List of Subjects in 36 CFR Part 7

    District of Columbia, National parks, Reporting and recordkeeping 
requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 7 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 7.48 is amended by adding paragraph (g) to read as 
follows:


Sec.  7.48  Lake Mead National Recreation Area.

* * * * *
    (g) Personal watercraft (1) Personal watercraft may operate, 
transit and launch in park waters or beach on park land except in the 
following Primitive and Semi-primitive areas as described below and 
illustrated on the park management zones map:
    (i) Arizona T33N;R16W Portions of sections 16, 17, 21, 22, 27, 28, 
29, 33 and 34, and T32\1/2\ N;R16W Portions of Sections 32 and 33 known 
as Grand Wash Bay;
    (ii) Arizona T31N;R20W Portions of sections 2, 3, 10 and 11 known 
as The Gypsum Beds;
    (iii) Nevada T36N;R68E Portions of Sections 25, 26, 34, 35, 36 
known as the Virgin River Bowl;
    (iv) Nevada T22S;R65E Portions of Sections 32; T23S;R65E Portions 
of Sections 5, 8, 17, 20, 21, 28, 29, 34; T23\1/2\S;R65E Portions of 
Sections 34; T23S;R65E Portions of Sections 1, 2, and 12. Arizona 
T30N;R23W Portions of Sections 3, 10, 15, 22, 27, 34; T29N;R23W 
Portions of Sections 2, 12, 13; T29N;R22W Portions of Sections 18, 19, 
20, 29; known as Black Canyon.
    (2) Personal watercraft may not be operated at a speed in excess of 
flat-wake within 100 feet of any shoreline.
    (3) Personal watercraft that do not meet the 2006 emission 
standards set by EPA for the manufacturing of two-cycle engines will be 
prohibited from operating within Lake Mead NRA after December 31, 2012. 
All personal watercraft that meet the EPA 2006 emission standards 
through the use of direct-injection two-cycle or four-cycle engines 
shall not be affected by this prohibition and will be allowed to 
operate as described in paragraphs (g)(1) and (2) of this section.
    (4) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

    Dated: August 29, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-22630 Filed 9-4-02; 8:45 am]
BILLING CODE 4310-70-P