[Federal Register Volume 68, Number 85 (Friday, May 2, 2003)]
[Notices]
[Pages 23480-23482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10720]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-338-1220-AF]


Supplementary Rules: King Range National Conservation Area, 
Humboldt and Mendocino Counties, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Establishment of emergency final supplementary rules.

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SUMMARY: The Arcata Field Office is establishing the following 
emergency final supplementary rules for the King Range National 
Conservation Area (KRNCA) as provided for under the Visitor Services 
regulations of the Bureau of Land Management (BLM). The supplementary 
rules require all backcountry overnight users camping on BLM-
administered public lands within the boundaries of the KRNCA to carry 
and use hard-sided bear-proof food storage canisters. The supplementary 
rules are necessary to protect the safety, health, and welfare of 
persons, property, and wildlife.

EFFECTIVE DATE: May 2, 2003.

ADDRESSES: You may send inquiries or suggestions to Field Office 
Manager, Bureau of Land Management, Arcata Field Office, 1695 Heindon 
Rd., Arcata, CA 95521.

FOR FURTHER INFORMATION CONTACT: Lynda J. Roush, (707) 825-2300.

SUPPLEMENTARY INFORMATION:

I. Background

    The emergency final supplementary rules are authorized by 43 CFR 
8365.1-6: ``The State Director may establish such supplementary rules 
as he/she deems necessary. These rules may provide for the protection 
of persons, property, and public lands and resources.''
    The purpose of these emergency final supplementary rules is to 
prevent--
    [sbull] Injury to backcountry users,
    [sbull] Damage to their property,
    [sbull] Additional bears learning to associate humans with food, 
and
    [sbull] The need for destruction of ``problem bears.''
    The reason that the supplemental rules are being published on an 
emergency final basis is the high risk of human injury if steps are not 
implemented immediately to remedy the problem. For this reason, we find 
good cause under the Administrative Procedure Act (5 U.S.C. 553 et 
seq.) for publishing and promulgating these supplementary rules without 
soliciting public comment, and making them effective the date of 
publication.
    BLM staff and visitors camping in the KRNCA backcountry are 
experiencing increasingly frequent incidents of black bears entering 
occupied campsites and tents in search of food, stealing backpacks and 
damaging equipment, and presenting an increasing risk of injury to 
humans. Bear/human interactions in the KRNCA have been steadily 
increasing for the past several years, despite active public education 
efforts and the implementation of a voluntary, low-cost bear-proof 
backpacking food storage canister rental program in 2000. These 
incidents have increased significantly in frequency and intensity in 
the spring of 2002 to the point where the possibility of injuries to 
humans will become high without BLM taking immediate steps to change 
bear behavior. Bear/human contacts have been most common in the central 
portion of the Lost Coast Trail (LCT), although bear/human contacts are 
being documented at other locations in the KRNCA as well. Backpacks and 
equipment have been damaged, destroyed, and/or stolen, and at least 3 
incidents of bears ripping into human-occupied tents have been 
reported. Hanging food from trees is no longer an effective method for 
bear-proof food storage, as bears have become very adept at climbing 
trees and removing the stored food. Most backpackers without proper 
food storage canisters have lost their food.
    Unprotected food also attracts raccoons, skunks, rodents, and other 
wildlife, which become nuisances and whose own health can be 
compromised if they become accustomed to human food.
    The King Range National Conservation Area, particularly along the 
Lost Coast, is receiving steadily increasing visitation. Experience 
with black bears in similar backcountry areas indicate that close 
human/bear contacts are likely to increase, with the risk of injuries 
to humans imminent unless

[[Page 23481]]

proper steps are taken to reverse the situation. A review of the bear-
management practices of Department of the Interior facilities 
(Yosemite, Kings Canyon, and Sequoia National Parks) and the U.S. 
Forest Service with similar bear/human management problems, and 
consultation with the California Department of Fish and Game indicates 
that the consistent use of hard-sided bear-proof food storage canisters 
is the most reliable method to keep bears from associating humans and 
their equipment as a source of food. Field experience at other sites 
has demonstrated that a key feature of an effective bear management 
program is the mandatory backcountry use of bear-proof food storage 
canisters, with as close to 100 percent compliance as possible. 
Implementation of the supplementary rules will require mandatory use of 
hard-sided bear-proof food storage canisters in all backcountry 
locations within the KRNCA.

II. Discussion of the Emergency Final Supplementary Rules

    The canisters required by the supplementary rules must be of 
sufficient size to permit storage of all food, toiletries, sunscreen, 
surfboard wax, insect repellant and other scented items for the 
duration of the trip. Each person must posses a minimum of one 
canister, and must use the canister to store the above types of items, 
plus any food scraps and scented trash items such as empty cans, 
energy/candy wrappers, surf wax wrappers, etc. For the purposes of this 
rule, a ``backcountry'' location is defined as any place outside of a 
developed campground where food and other scented items cannot be 
stored inside a locked vehicle. Also, ``hard sided'' means the 
container is made of rigid material and is of a size and shape that 
bears cannot grasp by the mouth or paws, or otherwise carry for any 
significant distance. The container must also have a closing and 
latching lid that is tested and proven effective against bears. Stock 
users must use either portable bear canisters or bear-proof panniers of 
sufficient size to store materials for all party members for the 
duration of the trip. These emergency final supplementary rules do not 
apply to overnight use within designated campgrounds or camping near 
vehicles where food can be stored and locked inside vehicles.
    The requirement for one canister per person minimum is based on 
experience and observations that show the sharing of canisters by 
multiple visitors does not provide enough storage space for food, 
toiletries, and all other items with odors. Consequently, some items 
are left out of the canisters and the program becomes ineffective. 
Public compliance with this rule will break the association of humans 
with an easy food source by black bears. Strict compliance with this 
requirement is essential, as each successful food acquisition by bears 
from human sources is a strong positive reinforcement of undesirable 
black bear behavior.
    With the implementation of the emergency final supplementary rules, 
BLM will take actions to make compliance for visitors as easy as 
possible. For visitors who do not want to purchase their own canisters 
(canisters are widely available for sale at outdoor stores in 
California), an existing canister rental program through local 
merchants in Petrolia and Shelter Cove will be expanded to include new 
locations at the BLM King Range Project Office, and the Arcata Field 
Office. Implementation will also include an extensive public education 
component to encourage compliance, utilizing a variety of local and 
regional media. The emergency final supplementary rules do not apply to 
camping within designated campgrounds or camping near vehicles where 
food can be stored inside locked vehicles.

III. Procedural matters

Executive Order 12866, Regulatory Planning and Review

    These emergency final supplementary rules do not constitute a 
significant regulatory action and are not subject to review by the 
Office of Management and Budget under Executive Order 12866. These 
supplementary rules will not have an effect of $100 million or more on 
the economy. They will not affect commercial activity, except to the 
extent that they promote the sale or rental of bear-proof canisters, 
but contain rules of conduct for overnight public use of backcountry 
recreational areas within the KRNCA. They 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. These emergency final supplementary rules 
will not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The emergency final 
supplementary rules do not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the right or obligations of 
their recipients; nor do they raise novel legal or policy issues.

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the emergency final supplementary rules do not constitute a major 
Federal action significantly affecting the quality of the human 
environment under section 102(2)(C) of the Environmental Protection Act 
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The supplementary rules merely 
contain rules of conduct for certain recreational lands in California. 
These rules are designed to protect public health and safety as well as 
the health and welfare of endemic wildlife. A detailed statement under 
NEPA is not required. BLM has placed the EA and the Finding of No 
Significant Impact on file in the BLM Administrative Record at the 
address specified in the ADDRESSES section. BLM invites the public to 
review these documents.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The emergency final supplementary 
rules do not pertain specifically to commercial or governmental 
entities of any size, but to public recreational use of specific public 
lands, although the rules will tend to promote sales of certain 
equipment to campers and backpackers, including sales from small 
business entities. Therefore, BLM has determined under the RFA that 
this emergency final supplementary rules would not have a significant 
economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These emergency final supplementary rules do not constitute a 
``major rule'' as defined at 5 U.S.C. 804(2). Again, the emergency 
final supplementary rules merely contain rules of conduct for 
recreational use of certain public lands. The emergency final 
supplementary rules have negligible effect on business commercial or 
industrial use of the public lands. Commercial recreation outfitters, 
operating under Special Recreation Permit stipulations, are required to 
provide (or rent currently for $5/canister/trip) bear-proof canisters 
for commercial backcountry trips to the King Range. BLM currently 
provides

[[Page 23482]]

local small businesses bear-proof canisters to rent, and they keep the 
$5/trip rental charge as cost for handling the canisters and 
administering the program.

Unfunded Mandates Reform Act

    These emergency final supplementary rules do not impose an unfunded 
mandate on State, local, or tribal governments or the private sector of 
more than $100 million per year; nor do the supplementary rules have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. The supplementary rules do not require anything of 
State, local, or tribal governments. Therefore, BLM is not required to 
prepare a statement containing the information required by the Unfunded 
Mandates Reform Act (2 U.S.C. 1531 et seq.).

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    The emergency final supplementary rules do not represent a 
government action capable of interfering with constitutionally 
protected property rights. The emergency final supplementary rules do 
not address property rights in any form, and do not cause the 
impairment of any persons' property rights. Therefore, the Department 
of the Interior has determined that the emergency final supplementary 
rules will not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism

    The emergency final supplementary rules will not have a substantial 
direct effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. The 
supplementary rules affect land in only one State, California, and do 
not address jurisdictional issues involving the California State 
government. Therefore, in accordance with Executive Order 13132, BLM 
has determined that these emergency final supplementary rules do not 
have sufficient federalism implications to warrant preparation of a 
federalism assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, BLM has determined that these 
emergency final supplementary rules will not unduly burden the judicial 
system and that they meet the requirements of sections 3(a) and 3(b)(2) 
of the Executive Order.

Paperwork Reduction Act

    These emergency final supplementary rules do not contain 
information collection requirements that the Office of Management and 
Budget must approve under the Paperwork Reduction Act, 44 U.S.C. 3501 
et seq.

Author

    The principal author of these emergency final supplementary rules 
is Scott Adams, Outdoor Recreation Planner, of the King Range Project 
Office within the Arcata Field Office, Bureau of Land Management, 
Department of the Interior.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR part 8360, section 8365.1-6, the Arcata Field Office Manager 
establishes emergency final supplementary rules to read as follows:

    Dated: June 14, 2002.
J. Anthony Danna,
Deputy State Director, Natural Resources.

    Editorial note: This document was received at the Office of the 
Federal Register, April 25, 2003.
    Emergency final supplementary rules for the King Range National 
Conservation Area, requiring the mandatory use of hard-sided, bear-
proof storage canisters by backcountry overnight visitors.

Sec. 1 Rules of Conduct

    a.1. All backcountry overnight users camping on BLM-administered 
public lands within the boundaries of the King Range National 
Conservation Area must carry and use hard-sided, bear-proof food 
storage canisters.
    2. The canisters must be of sufficient size to permit storage of 
all food, toiletries, sunscreen, surfboard wax, insect repellant and 
other scented items for the duration of the trip.
    b. Each person must posses a minimum of one canister, and must use 
the canister to store the types of items listed in paragraph a.2. of 
this section, plus any food scraps and scented trash items such as 
empty cans, energy/candy wrappers, surf wax wrappers, etc.
    c. Stock users must use either portable bear canisters or bear 
proof panniers of sufficient size to store materials for all party 
members.

Sec. 2 Definitions

    For the purposes of these supplementary rules--
    Backcountry location means any place outside of a developed 
campground where food and other scented items cannot be stored inside a 
locked vehicle.
    Hard-sided means made of rigid material and of a size and shape 
that bears cannot grasp by the mouth or paws, or otherwise carry for a 
significant distance, and having a closing and latching lid that is 
tested and proven effective against bears.

Sec. 3 Prohibited Acts

    a. You must not camp in the backcountry on BLM-administered public 
lands without using a hard-sided, bear-proof food storage canister or 
pannier sufficient for the storage of all food, toiletries, food scraps 
and trash, and all other scented items, for the duration of your 
backcountry trip.
    b. You must not substitute for the use of bear canisters by hanging 
food, trash, and other scented items from tree limbs, by burying these 
items, or by using any other technique in place of using the prescribed 
portable bear-proof storage canisters.

Sec. 4 Exception

    These supplementary rules do not apply to overnight use within 
designated campgrounds or near vehicles where food is stored and locked 
inside.

Sec. 5 Penalties

    Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), if you knowingly and willfully violate or fail to comply with 
the emergency final supplementary rules provided in this notice, you 
may be subject to a fine under 18 U.S.C. 3571 or other penalties in 
accordance with 43 U.S.C. 1733.

[FR Doc. 03-10720 Filed 5-1-03; 8:45 am]
BILLING CODE 4310-40-P