[Federal Register Volume 68, Number 233 (Thursday, December 4, 2003)]
[Notices]
[Pages 67860-67861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30156]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-660-04-1150-JP]


Restrictions on Use of Public Lands; California

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of closure.

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

SUMMARY: This notice closes to casual use certain public lands managed 
by the Bureau of Land Management (BLM) in the Santa Rosa and San 
Jacinto Mountains National Monument, in order to prevent hikers and 
other visitors from accessing ridges that overlook bighorn sheep 
breeding pens on the property of the Bighorn Institute.

EFFECTIVE DATE: December 4, 2003.

ADDRESSES: Send inquiries or suggestions to the Santa Rosa and San 
Jacinto Mountains National Monument, Palm Springs Field Office, Bureau 
of Land Management, 690 W. Garnet, PO Box 581260, North Palm Springs, 
CA 92258-1260.

FOR FURTHER INFORMATION CONTACT: Danella George, Santa Rosa and San 
Jacinto Mountains National Monument Manager, (760) 251-4800.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 13, 2003, the U.S. Fish and Wildlife Service issued a 
Biological Opinion (FWS-ERIV-3354.1), in accordance with section 7 of 
the Endangered Species Act of 1973, as amended, addressing effects on 
the endangered Peninsular Ranges bighorn sheep (Ovis canadensis) from a 
proposed joint trails and recreation use plan prepared by the City of 
Palm Desert and the Bureau of Land Management (the joint plan). As part 
of the proposed action, and consistent with the Biological Opinion, the 
City of Palm Desert (City) and the Bureau of Land Management (BLM) 
agreed to close portions of City and BLM-managed public lands to 
recreation and casual use to prevent hikers from accessing ridges that 
overlook bighorn sheep breeding pens on the property of the Bighorn 
Institute.
    The population of bighorn sheep in the United States' Peninsular 
Ranges was listed as an endangered species on March 18, 1998. The 
Recovery Plan for Bighorn Sheep in the Peninsular Ranges, California, 
was issued on October 25, 2000. On October 25, 2000, the Santa Rosa and 
San Jacinto Mountains National Monument was established by an Act of 
Congress that was signed into law by President Clinton (Pub. L. 106-
351). BLM completed the California Desert Conservation Area Plan 
Amendment for the Coachella Valley (Coachella Valley Plan) on December 
27, 2002. The Coachella Valley Plan covered portions of the Santa Rosa 
and San Jacinto Mountain National Monument and addresses recovery of 
the bighorn sheep.
    Because bighorn sheep evolved with canine predators, they are 
particularly sensitive to the presence of dogs. This has created a 
conflict between bighorn sheep conservation management and recreational 
use of public lands. In 2000, BLM issued a temporary closure of public 
lands prohibiting dogs in designated critical bighorn sheep habitat, 
except in a few designated areas. Recreational hiking with dogs had 
been a popular use on City owned lands and public lands south of the 
Santa Rosa and San Jacinto Mountains National Monument Visitor Center 
on Highway 74. This situation caused a conflict with the Bighorn 
Institute, a captive bighorn sheep breeding facility located north of 
the Visitor Center. The director of the Bighorn Institute expressed 
concern over the nearness of dogs south of the Visitor Center and 
requested that they be moved to a different location. BLM and the City 
proposed to construct a loop trail south of the Visitor Center that 
would be off-limits to dogs, and to construct an additional trail, open 
to hikers with dogs, on the west side of Highway 74 that would connect 
the City's Homme-Adams Park with the Cahuilla Hills Park. Dogs would be 
allowed on the Homme-Adams Park Trail and Cahuilla Hills Park Trail. 
Under agreements with the Bighorn Institute and the City, BLM proposed 
to discourage hiking access by reclaiming an unauthorized road and 
enforce a closure along the saddle immediately south of the BLM 
property line that leads to an overlook on BLM lands above the Bighorn 
Institute's sheep pens. The proposed action for trail realignments, new 
trail construction, and blocking access to the ridge overlooking the 
Bighorn Institute was analyzed under an environmental assessment 
(Homme-Adams and Visitor Center Trail Loops, EA-660-03-08). The BLM 
initiated consultation with the U.S. Fish and Wildlife Service 
(Service) on the effects of the proposed project on the endangered 
Peninsular Ranges bighorn sheep, in accordance with section 7 of the 
Endangered Species Act of 1973, as amended (ESA), on December 30, 2002. 
The Service issued a Biological Opinion based on the BLM and City 
environmental assessments, information in Service files, and on 
information and agreements obtained in meetings, telephone 
conversations, and e-mails prior to and during the consultation period. 
Under the Terms and Conditions of the Biological Opinion, and to meet 
the requirement of section 9 of the ESA, the BLM must take reasonable 
and prudent measures to minimize the impact of incidental take

[[Page 67861]]

by minimizing the adverse effects of human disturbance to wild and 
captive bighorn sheep, through the proposed actions referenced in EA-
660-03-08. These actions include BLM and City commitments: (1) To block 
human access to the old ``Shirley'' road on their lands through a 
combination of signage, fencing and physical barriers, including 
deconstructing and recontouring the road sufficient to discourage 
access and reinforce the closure along the saddle immediately south of 
the BLM property line that leads to an overlook on BLM lands of the 
Bighorn Institute's sheep pens, and (2) to employ a progressive 
management strategy to prevent hiking off the designated trail system 
and towards or overlooking captive sheep in the Bighorn Institute pens, 
including signage, stricter enforcement and penalties when legally 
feasible, physical barriers and fencing at strategic locations. The BLM 
issued a Decision Record to implement the proposed action, including 
the Terms and Conditions of the Biological Opinion, on March 7, 2003. 
The City issued an ordinance (Ordinance No. 1034) and a resolution 
(Resolution No. 03-12), approving construction of a new trail and 
closing portions of City lands between the National Monument Visitor 
Center and the ridge overlooking the Bighorn Institute, on January 23, 
2003 (mitigation measures B-5 and B-6).

II. Closure

    In compliance with 43 CFR 8364.1(c), notice is hereby given that 
BLM is closing portions of public lands in the Santa Rosa and San 
Jacinto Mountains National Monument. The public lands hereby closed are 
those lands within the north \1/2\ of the north \1/2\ of Section 7, 
Township 6 South, Range 6 East, San Bernardino Meridian (SBM). These 
restrictions will be in effect year-round from December 4, 2003 until 
rescinded by the authorized officer. The order to close these lands is 
needed to protect the resources of the public lands and to minimize 
conflicts among various uses of the public lands.
    BLM finds good cause to publish this closure notice effective the 
date of publication and without providing for public comment due to the 
immediate need to protect the Peninsular Range bighorn sheep from the 
stress that is likely to be caused by recreational use of land 
overlooking their captive breeding pens. A 30-day public comment on the 
subject of this action began on December 30, 2002, through publication 
of an environmental assessment (Homme-Adams and Visitor Center Trail 
Loops, EA-660-03-08). A Biological Opinion issued by the U.S. Fish and 
Wildlife Service on February 13, 2003 (FWS-ERIV-3354.1) supported BLM's 
proposed action as a reasonable and prudent measure to minimize the 
adverse effects of human disturbance to wild and captive bighorn sheep. 
All public comments received were considered prior to BLM's issuance of 
its Decision Record (DR) on March 7, 2003. BLM provided the public 
notification of this DR and the procedures for appeals through a news 
release issued March 11, 2003. No appeals were filed. Furthermore, the 
public was fully involved in the development of the joint plan. Also, 
the regulations on Closures and Restrictions at 43 CFR 8364.1 do not 
require publication of a request for comments.
    The BLM lands covered by this closure order cannot be accessed 
except by crossing closed City lands. In compliance with the proposed 
action described in Homme-Adams and Visitor Center Trail Loops, EA-660-
03-08, the Biological Opinion (FWS-ERIV-3354.1) dated February 13, 
2003, and the City of Palm Desert ordinance, BLM hereby closes the 
described public lands to recreational and casual use. Any person who 
fails to comply with this order may be subject to the penalties 
provided in CFR 8360.0-7.

III. Exceptions

    The following are exempt from this order: (1) fire, emergency, or 
law enforcement personnel when engaged in emergency or patrol 
activities; and (2) persons or uses expressly authorized by BLM.

    Dated: October 30, 2003.
Linda Hansen,
California Desert District Manager.
[FR Doc. 03-30156 Filed 12-3-03; 8:45 am]
BILLING CODE 4310-40-P