[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Pages 24115-24116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9090]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZ-422-1220-NX; 8364]


Limitation of Activities to Daylight Hours on Selected Public 
Lands Within the San Pedro Riparian National Conservation Area 
(SPRNCA), and Other Areas, Cochise County, AZ, To Provide for Public 
Safety

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: All public use, visitation and activity on affected lands in 
part of the San Pedro Riparian National Conservation Area (SPRNCA), and 
other land managed by the Bureau of Land Management in the area, are 
limited to daylight hours. Activity during the hours of darkness, which 
is described as official sunset to official sunrise, is prohibited year 
round. Other existing limitations established in the Safford District 
Resource Management Plan and applicable regulations remain unchanged 
except as modified by this notice. This notice is issued under the 
authority of 43 CFR 8364.1. This restriction is necessary for public 
health and safety, and to facilitate law enforcement efforts.

DATES: This notice is effective May 6, 2005, until rescinded or 
modified by the authorized officer.

ADDRESSES: You may direct inquiries or suggestions to the Tucson Field 
Office, 12661 East Broadway Boulevard, Tucson, Arizona 85748-7208; or 
the San Pedro River Riparian National Conservation Area, 1763 Paseo San 
Luis, Sierra Vista, Arizona 85635.

FOR FURTHER INFORMATION CONTACT: Steven Cohn, Acting Field Manager, 
Bureau of Land Management, Tucson Field Office, 12661 East Broadway 
Boulevard, Tucson, Arizona 85748-7208, telephone (520) 258-7200; or 
Bill Childress, Manager, San Pedro River Riparian National Conservation 
Area, 1763 Paseo San Luis, Sierra Vista, Arizona 85635, telephone (520) 
439-6400.

SUPPLEMENTARY INFORMATION: Current use designations and regulations 
allow public use at all times in the SPRNCA. Part of the SPRNCA, and 
other lands, are affected by illegal immigration from Mexico, including 
smuggling of undocumented aliens and drug-smuggling that present 
serious safety concerns for visitors. Because of these illegal 
activities, intensive border-related law enforcement operations occur 
in the area. Public use in the affected area is also vulnerable to 
incidental criminal activity, and can conflict with law enforcement 
operations and management actions necessary to protect public safety.
    The affected Federal lands include approximately 2,740 acres 
generally located south of State Highway 92, and north of the 
International United States-Mexico Boundary, including all or portions 
of Sections 3, 4, 8, 9, 17, 18, 19, and 20, Township 24 South, Range 22 
East, Gila and Salt River Base Meridian, Cochise County, Arizona.
    The affected area described here will be subject to the following 
restriction: Unless otherwise authorized, no person shall use, remain 
on or occupy any land in the affected area during the period of time 
from 30 minutes after official sunset to 30 minutes before official 
sunrise. Persons who are exempt from this restriction include:
    (1) Any Federal, state, or local officers engaged in official fire, 
emergency or law enforcement activities;
    (2) BLM employees engaged in official duties;
    (3) Persons specifically authorized by BLM or by law to use, remain 
on, or occupy lands in the area affected by this notice. This includes 
persons with BLM permits or leases or other written authorizations, or 
occupying valid mining claims under the Mining Law.
    Lawful uses and activities during daylight hours are not affected 
by this notice. The area affected by this notice will be posted with 
appropriate regulatory signs. Additional information is available in 
the Tucson Field Office, and at the SPRNCA headquarters at the 
addresses shown above.

Closure

1.0 Closure of Certain Public Lands to Overnight Activities

    Unless otherwise authorized, no person shall use, remain on or 
occupy any land in the San Pedro River Riparian National Conservation 
Area during the period of time from 30 minutes after official sunset to 
30 minutes before official sunrise.

2.0 Exceptions

    This closure does not apply to:
    a. Any Federal, state, or local officers engaged in official fire, 
emergency, or law enforcement activities;

[[Page 24116]]

    b. BLM employees engaged in official duties;
    c. Persons specifically authorized by BLM or by law to use, remain 
on, or occupy lands in the area affected by this notice; or
    d. Lawful uses and activities during daylight hours, beginning 30 
minutes before official sunrise and ending 30 minutes after official 
sunset.

3.0 Authority

    The authority for this closure is found under section 303(a) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733 (a) and 
43 CFR 9268.3(d)(1)(i) and 43 CFR 8364.1(a).

4.0 Penalties

    1. On all public lands, under section 303(a) of the Federal Land 
Policy and Management Act of 1976, 43 U.S.C. 1733(a), 43 CFR 8360.0-7 
and 43 CFR 9212.4, any person who violates any of these closures or 
restrictions on public lands within the boundaries established in this 
notice 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.
    2. On public lands within grazing districts (43 U.S.C. 315) and 
grazing-leased lands (43 U.S.C. 315m), under the Taylor Grazing Act, 43 
U.S.C. 315(a), any person who violates these restrictions on public 
lands within the boundaries established in the rules may be tried 
before a United States Magistrate and fined no more than $500.00. Such 
violations may also be subject to the enhanced fines provided for by 18 
U.S.C. 3571.
    3. On public lands fitting the criteria in the Sikes Act, 16 U.S.C. 
670j(a)(2), any person who violates any of these restrictions on public 
lands within the boundaries established in the rules may be tried 
before a United States Magistrate and fined no more than $500.00 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.
    4. On public lands within Wild and Scenic River corridors (16 
U.S.C. 1281(c) and 16 U.S.C. 3), any person who violates any of these 
restrictions on public lands within the boundaries established in the 
rules may be tried before a United States Magistrate and fined no more 
than $500.00 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.
    5. On public lands within National Monuments and within the 
criteria found in 16 U.S.C. 433 and respective enabling legislation, 
any person who violates applicable restrictions within the boundaries 
established in the rules may be tried before a United States Magistrate 
and fined no more than $500.00 or imprisoned for no more than ninety 
days, or both. Such violations may also be subject to the enhanced 
fines provided for by 18 U.S.C. 3571.

    Dated: March 11, 2005.
Steven Cohn,
Acting Field Manager.
[FR Doc. 05-9090 Filed 5-5-05; 8:45 am]
BILLING CODE 4310-32-P