[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Notices]
[Pages 37108-37109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12751]


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DEPARTMENT OF THE INTERIOR

National Park Service


Negotiated Rulemaking Advisory Committee for Dog Management at 
Golden Gate National Recreation Area

AGENCY: National Park Service, Interior.

ACTION: Notice of Intent to Establish a Negotiated Rulemaking Advisory 
Committee.

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SUMMARY: The Secretary of the Interior is giving notice of her intent 
to establish the Negotiated Rulemaking Advisory Committee for Dog 
Management at Golden Gate National Recreation Area (GGNR) to negotiate 
and develop a special regulation (proposed rule) for dog management at 
Golden Gate National Recreation Area.

FOR FURTHER INFORMATION CONTACT: Brian O'Neill, Superintendent, Golden 
Gate National Recreation Area, Fort Mason, Building 201, San Francisco, 
California, 94123; 415-561-4720.

DATES: Interested persons are invited to comment on the proposal to 
create this Committee. In addition, any persons who believe that they 
will be affected significantly by the special regulation and who 
believe their interests will not be represented adequately by the 
persons identified in this Notice are invited to apply for or nominate 
another person for membership on the Committee. Each application must 
contain the information described in he ``Application for Membership'' 
section below. Applications or nominations for membership on the 
Committee must be received by close of business on July 28, 2005.

ADDRESSES: Comments and applications for membership must be submitted 
to Brian O'Neill, Superintendent, Golden Gate National Recreation Area, 
Fort Mason, Building 201, San Francisco, California 94123 (Attn: 
Negotiated Rulemaking Committee). As an alternative, comments and 
applications may be submitted by electronic mail to [email protected]. Please Put ``Negotiated Rulemaking Committee'' in the 
subject line. Comments and applications received will be available for 
inspection at the address listed above from 8:30 a.m., to 4:30 p.m., 
p.s.t., Monday through Friday.

SUPPLEMENTARY INFORMATION: The establishment of this committee is in 
the public interest and supports the National Park Service (NPS) in 
performing its duties and responsibilities under the NPS Organic Act, 
16 U.S.C. 1 et. seq., the Endangered species Act, 16 U.S.C. 1531 et 
seq.; and the Golden Gate National Recreation Area Act, 16 U.S.C. 460bb 
et seq.
    The Committee will negotiate to reach consensus on concepts and 
language to use as the basis for a special regulation for dog 
management at GGNRA. The NPS's existing regulation, codified at 36 CFR 
2.15, has not been effective in resolving longstanding, controversial 
resource management and public use conflicts and safety issues at 
Golden Gate National Recreation Area. With the participation of 
knowledgeable and affected parties, NPS expects to develop practical 
approach to resolve conflicts and issues which include: the protection 
of cultural and natural resources; competing visitor uses; the safety 
of visitors and staff; and the public desire to walk their dogs off-
leash in certain areas of GGNRA.
    Scope of the Proposed Rule. Within the constraints of NPS 
authorities, policies, planning guidelines, and information on park 
setting, natural and cultural resources, public safety, and context of 
the unique urban environment within which GGNRA fits, the Committee 
will address key issues during the negotiations, including, but not 
limited to: areas of the park that could be designated for off-leash 
dog walking areas; periods of use and times of day and year during 
which off-leash areas may be used; use limits and other conditions that 
would govern off-leash use within GGNRA, including the use and limits 
of professional dog walking. The following areas of the park, in which 
pets have never been allowed (i.e., there is not history of dog walking 
use and/or it has not been an issue) or have been restricted due to 
sensitivity of resources, are precluded from consideration by the 
Committee for off leash uses: Alcatraz; China Beach; Crissy Beach tidal 
marsh and wildlife protection area as designated by the 1996 Crissy 
Field Plan Environment Assessment; East Fort Baker Pier; areas closed 
to visitor and pet access at Fort Funston; Kirby Cove; Muir Woods; 
Phleger Estate; Fort Point historic structure; the beach at Stinson 
Beach; Tennessee Valley; Muir Beach Lagoon; Rodeo Lagoon; Rodeo Lake; 
Redwood Creek; all trails in undeveloped areas; all areas closed to 
off-trail travel; and all freshwater bodies in the park.
    On-leash dog walking could be considered in areas with threatened 
and endangered species only if it is demonstrated that adverse effects 
or impacts are minimal and could be mitigated. New NPS lands that come 
under the management of GGNRA in the future will be evaluated for 
appropriate recreational uses, including dog walking, and any approved 
dog walking use will be consistent with the new special regulation for 
dogwalking in GGNRA.
    The legal sideboards within which recommendations on dog management 
in GGNRA must be formed include, but may not be limited to the 
following:
     GGNRA enabling legislation (Public Law 92-589)

[[Page 37109]]

     The NPS Organic Act
     The Administrative Procedure Act
     The Endangered Species Act
     The National Environmental Policy Act (NEPA)
     The National Historic Preservation Act
     Relevant case law
     Applicable Federal regulations
     NPS Management Policies 2001
     Existing park management plans
    List of Interests Significantly Affected. The NPS has identified a 
number of interests who are likely to be affected by the rule. Those 
parties are residents of San Francisco, Marin, and San Meteo Counties; 
conservation and environmental organizations; off-leash dog walking 
organizations; equestrian organizations; organizations advocating for 
parents and children; visitor user groups; and Federal, State, and 
regional land use management and wildlife management agencies. Other 
parties who believe they are likely to be affected significantly by the 
rule may apply for membership on the Committee pursuant to the 
``Application for Membership'' section below.
    Proposed Agenda and Schedule for Publication of Proposed Rule. 
Members of the Committee, with the assistance of a neutral facilitator, 
will determine the agenda for the Committee's work, which will include 
interactions with the concurrent NEPA process for dog management in 
GGNRA. Although the negotiated rulemaking and NEPA processes are 
complex, barring unforeseen circumstances, we anticipate publishing a 
proposed rule in the Federal Register before June 2007.
    Administrative Support. To the extent authorized by law, the NPS 
will fund the costs of the Committee, keep a record of all Committee 
meetings, and provide administrative support and technical assistance 
for the expertise in resource management and operations to facilitate 
the Committee's work.
    Committee Membership. In accordance with the Negotiated Rulemaking 
Act, membership is limited to 25, with each member having an alternate. 
The following membership is proposed for the Negotiated Rulemaking 
Advisory Committee for Dog Management Regulation at Golden Gate 
National Recreation Area:
    1. The interests of the Department of the Interior will be 
represented by:

National Park Service--Christine Powell
Alternate--Howard Levitt

    2. The interests of organizations and visitors advocating off-leash 
use will be represented by:

a. Crissy Field Dog Group--Martha Walters
    Alternate--Chris Griffith
b. Fort Funston Dog Walkers--Linda McKay
    Alternate--Karin Hu
c. Ocean Beach Dog Owners--John Keating
    Alternate--Suzanne Valente
    d. Pacifica Dog Walkers--Jeri Flinn
    Alternate--Anne Farrow
e. Presidio Dog Walkers--Gary Fergus
    Alternate--Carol Copsey
f. San Francisco Dog Owners Group--Keith McAllister
    Alternate--Carol Arnold

    3. The interests of commercial dog walking businesses will be 
represented by:

ProDog--Joe Hague
Alternate--Donna Sproull

    4. The interests of environmental organizations will be represented 
by:

a. California Native Plant Society--Mark Heath
    Alternate--Jake Sigg
b. Center for Biological Diversity--Brent Plater
    Alternate--Jeff Miller
c. Golden Gate Audubon Society--Arthur Feinstein
    Alternate--Elizabeth Murdock
d. Marine Mammal Center--Erin Brodie
    Alternate--Joanne Mohr (Farallones Marine Sanctuary Association)
e. Sierra Club (Local Chapter)--Norman LaForce
    Alternate--Gordon Bennett
f. San Francisco League of Conservation Voters--Stephen Krefting
    Alternate--Michelle Jesperson

    5. The interests of visitors user groups will be represented by:

a. Coleman Advocates for Youth--David Robinson
    Alternate--Marybeth Wallace
b. Equestrian Groups--Judy Teichman (Marinwatch)
    Alternate--Alice Caldwell-Steele (Miwok Valley Association)
c. Senior Action Network--Bruce Livingston
    Alternate--Bob Planthold
d. Marin Humane Society--Cindy Machado
    Alternate--Steve Hill
e. San Francisco SPCA--Daniel Crain
    Alternate--Christine Rosenblatt

    6. The interests of local governments will be represented by:

a. City of San Francisco--Dan McKenna
    Alternate--Lemar Morrison
b. Former member of GGNRA Citizens Advisory Commission--Paul Jones
    Alternate--Betsey Cutler
c. Presidio Trust--Joanne Marchetta
    Alternate--Al Rosen

    Application for Membership. Persons who believe that they will be 
affected significantly by proposals to revise dog management at Golden 
Gate National Recreation Area and who believe that such interests will 
not be represented adequately by any person identified in the 
``Committee Membership'' section above may apply for or nominate 
another person for membership on the Negotiated Rulemaking Advisory 
Committee for Dog Management at Golden Gate National Recreation Area. 
In order to be considered, each application or nomination must include:
    1. The name of the applicant or nominee and a description of the 
interest(s) such person is to represent;
    2. Evidence that the applicant or nominee is authorized to 
represent parties related to the interest(s) the person is proposed to 
represent;
    3. A written statement that the applicant or nominee will actively 
participate in good faith in the development of the proposed rule; and
    4. The reasons that the proposed members of the committee 
identified above do not represent the interests of the person 
submitting the application or nomination.
    To be considered, the application must be complete and received by 
the close of business on July 28, 2005 at the location indicated in the 
``Address'' section above. Full consideration will be given to all 
applications and nominations timely submitted. The decision whether or 
not to add a person to the Negotiated Rulemaking Advisory Committee for 
Dog Management at Golden Gate National Recreation Area will be based on 
a determination by the NPS whether an interest of that person will be 
affected significantly by the proposed rule; whether an interest of 
that person will be affected significantly by the proposed rule; 
whether that interest is already represented adequately on the 
Committee, and if not represented adequately, whether the applicant or 
nominee would represent it adequately.
    Certification: I hereby certify that the administrative 
establishment of the Negotiated Rulemaking Advisory Committee for Dog 
Management at Golden Gate National Recreation Area is necessary and in 
the public interest in connection with the performance of duties 
imposed on the Department of the Interior by the Act of August 25, 
1916, 16 U.S.C. 1 et seq., and other statues relating to the 
administration of the National Park System.

    Dated: June 17, 2005.
Gale A. Norton,
Secretary of the Interior.
[FR Doc. 05-12751 Filed 6-27-05; 8:45 am]
BILLING CODE 4310-70-M