[Federal Register Volume 69, Number 70 (Monday, April 12, 2004)]
[Notices]
[Pages 19220-19221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8156]



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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

[OR 125 and 128 -6334 PD; HAG 4-0104]


Seasonal Restrictions on Public Access to Federal Lands on the 
North Spit of Coos Bay and the New River Area of Critical Environmental 
Concern

AGENCIES: USDI, Bureau of Land Management, Coos Bay District, Umpqua 
and Myrtlewood Resource Areas, North Bend, Oregon; Department of 
Defense, U.S. Army Corps of Engineers, Coos Bay Field Office, Coos Bay, 
Oregon.

ACTION: Supplemental rule; seasonal closure.

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SUMMARY: This document seasonally restricts public access to certain 
lands managed by the BLM and the ACOE in Coos County, and lands managed 
by the BLM in Curry County, Oregon to protect the threatened population 
of Western Snowy Plovers from motorized and nonmotorized recreational 
use during their nesting season (15 March-15 September).

EFFECTIVE DATE: April 12, 2004.

ADDRESSES: Mail or personal delivery: District Manager, Bureau of Land 
Management, Coos Bay District, 1300 Airport Lane, North Bend, Oregon 
97459. Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Alan Hoffmeister, Bureau of Land 
Management, Coos Bay District, 1300 Airport Lane, North Bend, Oregon 
97459. Telephone: (541) 756-0100. Persons who use a telecommunications 
device for the deaf (TDD) may contact this individual by calling the 
Federal Information Relay Service (FIRS) at (800) 877-8339, 24 hours a 
day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Procedural Matters
IV. Closure

I. Public Comment Procedures

    The BLM and ACOE find good cause to publish this closure notice 
effective upon publication, without providing for public comment, due 
to the immediate need to protect the Oregon coast population of 
threatened Western Snowy Plovers from recreational impacts during their 
nesting season. Western Snowy Plovers are very sensitive to disturbance 
and their cryptic eggs and young are easily trampled by unsuspecting 
visitors. The Coos Bay North Spit is the most important nesting area 
for Western Snowy Plovers on the Oregon coast and the loss of even a 
single nest at this site is considered significant under the Endangered 
Species Act. Lands managed by the BLM for Western Snowy Plovers at the 
New River ACEC are also vital for the recovery of this species in 
Oregon.

II. Background

    The Pacific coast population of the Western Snowy Plover was listed 
as a Federally Threatened species on March 5, 1993, pursuant to the 
Endangered Species Act of 1973, as amended. Beach access restrictions 
are necessary to protect Western Snowy Plovers, their nests and young, 
and to comply with the Endangered Species Act and the U.S. Fish and 
Wildlife Service's Biological Opinion (BO) 1-7-00-F-421. The BO was 
prepared in response to the BLM's request for formal consultation on 
its Biological Assessment for Management of Federal Lands on the North 
Spit of Coos Bay During the 2000-2001 Western Snowy Plover Nesting 
Seasons (USDI 2000). The BO states that recreational activity within 
and adjacent to Western Snowy Plover areas can have significant adverse 
impacts to plovers, and concurred with BLM's proposed seasonal 
restrictions to be published in the Federal Register. Previous Federal 
Register notices, published in 1999 after the grounding of the New 
Carissa and its subsequent oil spill, restricted access to all or part 
of the beach and inland areas managed by the Bureau of Land Management 
on the North Spit of Coos Bay (64 FR 7904, Feb. 17, 1999; 64 FR 16479, 
April 5, 1999; 64 FR 45562, Aug. 20, 1999). These restrictions were 
implemented for public safety and the need to reduce disturbance to 
breeding and wintering Western Snowy Plovers during the lengthy clean-
up process that followed the grounding of the New Carissa. A new notice 
is now warranted.
    A previous notice for the New River area (16108 FR 61, April 11, 
1996) restricted access only at the Floras Lake plover nest site. Based 
on current nest distribution, further restrictions are necessary for 
beaches and Habitat Restoration Area (HRAs) within the New River Area 
of Critical Environmental Concern (ACEC), and to comply with the New 
River ACEC Management Plan, the Endangered Species Act, and BLM Manual 
6840.

III. Procedural Matters

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

    The proposed rule does not represent a government action capable of 
interfering with constitutionally protected property rights. The lands 
described in this rule are only those public lands managed by either 
the BLM or the ACOE. Therefore, the Department of the Interior has 
determined that the rule would not cause a taking of private property 
or require further discussion of takings implications under this 
Executive Order.

Executive Order 13132, Federalism [Replaces Executive Orders 12612 and 
13083]

    The proposed rule 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. This rule is in accordance with rules 
enforced by the State of Oregon for the lands in the North Spit and the 
Sixes River that are under the state's authority and jurisdiction. 
Therefore, in accordance with Executive Order 13132, BLM has determined 
that this proposed rule does not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that this proposed rule would not unduly burden the judicial 
system and that it meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments [Replaces Executive Order 13084]

    In accordance with Executive Order 13175, we have found that this 
final rule does not include policies that have tribal implications.

Paperwork Reduction Act

    These supplementary rules do not contain information collection 
requirements that the Office of Management and Budget must approve 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.

IV. Closure

    Pursuant to 43 CFR 3864.1 and 36 CFR 327.12(a), notice is hereby 
given

[[Page 19221]]

that the BLM and the ACOE are seasonally restricting access to portions 
of public lands. On the North Spit of Coos Bay, public access to the 
Western Snowy Plover HRAs is to be seasonally restricted as follows: 
the inland Western Snowy Plover HRAs totaling approximately 175 acres 
located in T. 25 S., R. 14 W., Sections 23, 24, 25, 26 and 35 are to be 
closed to all public access during the plover breeding season, 15 
March-15 September. During the remaining portions of the year (16 
September-14 March), these areas are open to non-vehicular recreational 
use, except for the fenced 1994 HRA and South Spoils area located in 
section 35. Also closed to all public access during the plover breeding 
season, 15 March-15 September, is the dry upper portion of the beach 
(above the mean high tide line) between the Federal Aviation 
Administration (FAA) tower and a point approximately 200 yards north of 
the Coos Bay North Jetty to the deflation plain east of the foredune 
(approx. 78 acres) located in T. 25 S., R. 14 W. Sections 13, 23, 24, 
26 and 35. During the closure period, the area will be clearly posted. 
During the remaining portions of the year (16 September-14 March), 
these beach areas are open for recreational use, including motorized 
vehicles.
    In addition to the above areas, this notice revises previously 
published access restrictions to public lands administered by the BLM 
within the New River Area of Critical Environmental Concern (ACEC). 
Public access to Western Snowy Plover nesting areas within the ACEC 
shall be seasonally restricted as follows: The dry upper portion of the 
beach (above the mean high tide line) to the deflation plain east of 
the foredune located in the north 0.4 mile of T. 31 S., R. 15 W., 
Section 8, and the dry upper portion of the beach (above the mean high 
tide line) to the deflation plain east of the foredune located in T. 30 
S., R. 15 W., Sections 3, 10, 15, 21, 22, 28, 32, and 33. Also closed 
to public access during the plover breeding season is the Western Snowy 
Plover HRA on the New River Spit located in T. 30 S., R. 15 W., 
Sections 3, 10, 15, 21, 22, including untreated plover habitat in 
Sections 21, 28, 32, and 33. All Western Snowy Plover habitat listed 
above shall be closed to all public access during the plover breeding 
season, 15 March-15 September with the exception of BLM land located in 
the south 0.6 miles of T. 31 S., R. 15 W., Section 8, and the south 
0.25 mile of T. 30 S., R. 15 W., Section 28. In the event that plovers 
nest on BLM lands within the New River ACEC not closed by this notice, 
BLM will exclose the nest(s), post the immediate area closed, and rope 
around it to limit disturbance. During the remaining portions of the 
year (16 September-14 March), these areas are open to non-vehicular 
public use.
    Closure signs will be posted at main entry points to all locations 
affected by this Notice. Maps of the closure areas and further 
information may be obtained from the Coos Bay District Office. The 
described seasonal closures will remain in effect annually until 
further notice.
    Under the authority found in 43 U.S.C. 1733, and 43 CFR 8364.1, the 
Bureau of Land Management will enforce the following rules on public 
lands in the area known as North Spit and New River; and under 16 
U.S.C. 460d, and 36 CFR 327.12(a) the U.S. Army Corps of Engineers will 
enforce the following rules on lands administered by the U.S. Army 
Corps of Engineers in the area known as North Spit:

Supplemental Rules for North Spit and New River

    Sec. 1 Prohibited acts.
    (a) Prohibited acts. During the posted dates and within the 
closed areas, you must not:
    (1) Operate any motorized vehicle.
    (2) Enter by any non-motorized means, including but not limited 
to foot, bicycle, off road vehicle, horse, or non-powered aircraft.
    (3) Discharge any firearm.
    (4) Start, build or maintain any fire.
    (5) Light or discharge any fireworks or incendiary devices.
    (b) Exemptions. The following are exempt from prosecution under 
the prohibited acts:
    1. Any person operating a motorized vehicle on a publicly 
maintained State or County road;
    2. Any Federal, State or local officer or employee in the scope 
of their duties;
    3. Members of any organized rescue or fire-fighting force in the 
performance of official duty; and
    4. Any person authorized in writing by BLM.
    Sec. 2 Penalties.
    On public lands fitting the criteria in the Sikes Act (16 U.S.C. 
670), under section 303(a) of the Federal Land Policy and Management 
Act of 1976, 43 U.S.C. 1733(a) and 16 U.S.C. 670j(a)(2). If you 
violate any of these supplementary rules on public lands within the 
boundaries established in the rules, you may be tried before a 
United States Magistrate and fined no more than $500 or imprisoned 
for no more than six months, or both. Such violations may also be 
subject to the enhanced fines provided for by 18 U.S.C. 3571.

    On all public lands under section 303(a) of the Federal Land Policy 
and Management Act of 1976, 43 U.S.C. 1733(a) and 43 CFR 8360.0-7 if 
you violate any of these supplementary rules on public lands within the 
boundaries established in the rules, you may be tried before a United 
States Magistrate and fined no more than $1,000 or imprisoned for no 
more than 12 months, or both. Such violations may also be subject to 
the enhanced fines provided for by 18 U.S.C. 3571.
    On lands managed by the U.S. Army Corps of Engineers under 16 
U.S.C. 460d and 36 CFR 327.25 if you violate any of these supplementary 
rules, you may be fined no more than $500 or imprisoned for not more 
than six months, or both. Such violations may also be subject to the 
enhanced fines provided for by 18 U.S.C. 3571.

Judy E. Nelson,
Acting Associate State Director, Oregon/Washington Bureau of Land 
Management.
Charles S. Markham,
Lieutenant Colonel, EN, Acting Commander, U.S. Army Corps of Engineers.
[FR Doc. 04-8156 Filed 4-9-04; 8:45 am]
BILLING CODE 4310-33-P