[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25767-25771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12515]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management


Establishment of Interim Final Supplementary Rules Within the 
South Spit Cooperative Management Area, Managed by the Arcata Field 
Office, California

AGENCY: Bureau of Land Management, Interior.

ACTION: Establishment of Interim Final Supplementary Rules with request 
for comments.

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SUMMARY: The Bureau of Land Management (BLM) Arcata Field Office, 
California, is issuing interim final

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supplementary rules for the South Spit Cooperative Management Area 
(CMA) and requesting public comment. The rules will be effective upon 
publication and remain in effect until the publication of final 
supplementary rules. The BLM has determined these interim final 
supplementary rules are necessary to enhance the safety of visitors, 
protect natural resources, and protect public health.
    These rules do not propose or implement any land use limitations or 
restrictions other than those included within the BLM's decision 
records for the South Spit CMA Management Plan and associated 
environmental assessments, or allowed under existing law or regulation.

DATES: The interim final supplementary rules are effective May 29, 
2009. We invite comments until July 28, 2009.

ADDRESSES: Submit all comments concerning the interim final 
supplementary rules to the Bureau of Land Management, Arcata Field 
Office, 1695 Heindon Road, Arcata, CA 95521; or you may access the 
Federal eRulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Robert Wick, Planning and 
Environmental Coordinator, Arcata Field Office, 1695 Heindon Road, 
Arcata, CA 95521, 707-825-2321. e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures

    Written comments on the interim final supplementary rules should be 
specific, confined to issues pertinent to the interim final 
supplementary rules, and should explain the reason for any recommended 
change. Where possible, comments should reference the specific section 
or paragraph of the rule that the comment is addressing. BLM need not 
consider or include in the Administrative Record for the interim rules: 
(a) Comments that BLM receives after the close of the comment period 
(see DATES), unless they are postmarked or electronically dated before 
the deadline, or (b) comments delivered to an address other than those 
listed above (see ADDRESSES).
    You may also access and comment on the interim final supplementary 
rules at the Federal eRulemaking Portal by following the instructions 
at that site (see ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
Arcata Field Office, 1695 Heindon Road, Arcata, CA 95521, during 
regular business hours (7:45 a.m. to 4:30 p.m.), Monday through Friday, 
except Federal holidays. Before including your address, telephone 
number, e-mail address, or other personal identifying information in 
your comment, be advised that your entire comment--including your 
personal identifying information--may be made publicly available at any 
time. While you can ask us in your comment to withhold from public 
review your personal identifying information, we cannot guarantee that 
we will be able to do so.

II. Background

    The BLM is establishing these interim final supplementary rules 
under the authority of 43 CFR 8365.1-6, which allows BLM State 
Directors to establish such rules for the protection of persons, 
property, and public lands and resources. This provision allows the BLM 
to issue rules of less than national effect without codifying the rules 
in the Code of Federal Regulations. The interim final supplementary 
rules will be available for inspection in the Arcata Field Office, and 
they will be published in a newspaper of general circulation in the 
affected vicinity. The overall program authority for the operation of 
this area is found in sections 302 and 310 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1732, 1740). The South Spit is 
located approximately 6 miles southwest of Eureka, Humboldt County, 
California, within the Humboldt Baseline and Meridian. These interim 
final supplementary rules will apply to approximately seven acres of 
BLM managed public lands within the South Spit CMA known as Lighthouse 
Ranch, and to approximately 600 acres where the State of California, 
through a deed of conservation easement, conveyed to the BLM an 
interest in and the right to manage the South Spit in all aspects of 
its use in perpetuity. A map of the area can be obtained by contacting 
the BLM Arcata Field Office (see ADDRESSES section) or by accessing the 
following Web site: http://www.blm.gov/ca/arcata.
    BLM finds good cause to publish these supplementary rules on an 
interim basis, effective the date of publication, because of public 
safety and resource protection needs within the management area, and 
based on their localized impact. Visitor use is high at the South Spit 
CMA due to its close proximity to Eureka and Arcata, the population 
centers of Humboldt County. The area contains habitat for the Western 
Snowy Plover (Charadrius alexandrinus nivosus), a species listed as 
threatened in 1970 under the Endangered Species Act (ESA). Due to the 
dune habitat degradation that occurred prior to public acquisition of 
the area, only about 30-50 acres of nesting habitat occur on the 
approximately 4.5 miles of beach in the South Spit CMA. Human impacts 
contribute to low reproductive success of plovers in a variety of ways, 
including direct loss of eggs and chick mortality from pedestrians and 
vehicles, vandalism resulting in clutch loss, and nest abandonment from 
disturbance of adults tending eggs or chicks. These supplementary rules 
are intended to allow for certain compatible public uses while 
minimizing plover disturbance and meeting the requirements of the ESA.
    The coastal dune habitat in the South Spit CMA also contains 
habitat for two endangered plant species; beach layia (Layia carnosa) 
and Humboldt Bay wallflower (Erysimum mensiezii ssp. eurekense). The 
BLM has instituted coastal dune restoration measures on approximately 
50 acres of dune habitat. The supplementary rules will allow for 
vehicle use of specific corridors while protecting the dune habitat 
from cross-country vehicle use. The BLM consulted with the U.S. Fish 
and Wildlife Service (FWS) regarding management planning and habitat 
restoration projects for the area in 2002 and 2008. The interim final 
supplementary rules will help implement conservation measures for 
federally listed species under the ESA as determined through 
consultation with the FWS on the South Spit Management Plan and 
Environmental Assessment and the associated Biological Opinion.
    The South Spit was the site of a large encampment of homeless 
people prior to government acquisition. During this time, the area was 
also the site of frequent illegal dumping, and was declared to be a 
public health hazard by Humboldt County. Facilities in the management 
area are not designed to accommodate overnight use, and limiting public 
access to day-use only is necessary to prevent a recurrence of health 
and sanitation issues, and associated resource impacts.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These interim final supplementary rules are not a significant 
regulatory action and are not subject to review by the Office of 
Management and Budget under Executive Order 12866. These interim final 
supplementary rules will not have an annual effect of $100 million or 
more on the economy. They are not intended to affect commercial

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activity, but contain rules of conduct for public use of a certain 
Cooperative Management Area. 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 interim final supplementary rules 
will not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The interim final 
supplementary rules do not materially 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. They merely impose certain rules on recreational 
activities on a limited portion of the public lands in California in 
order to protect human health, safety, and the environment, including 
certain sensitive natural resources as described in the Background 
section of this SUPPLEMENTARY INFORMATION.

Clarity of the Interim Final Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these interim final supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the interim final supplementary rules 
clearly stated?
    (2) Do the interim final supplementary rules contain technical 
language or jargon that interferes with their clarity?
    (3) Does the format of the interim final supplementary rules 
(grouping and order of sections, use of headings, paragraphing, etc.) 
impair or reduce their clarity?
    (4) Would the interim final supplementary rules be easier to 
understand if they were divided into more (but shorter) sections?
    (5) Is the description of the interim final supplementary rules in 
the SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the interim final supplementary rules? How could this 
description be more helpful in making the interim final supplementary 
rules easier to understand?
    Please send any comments you have on the clarity of the interim 
final supplementary rules to the address specified in the ADDRESSES 
section.

National Environmental Policy Act

    These interim 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 National Environmental 
Policy Act of 1969, 42 U.S.C. 4332(2)(C). BLM has prepared an 
Environmental Assessment (EA) for the management plan which provides 
the basis for these interim final supplementary rules. This EA and its 
decision record are on file and available to the public as specified in 
the ADDRESSES section above. A Determination of NEPA Adequacy (DNA) 
concluded that these rules conform to the applicable land use plan 
(RMP) and that the existing NEPA analysis for the South Spit Management 
Plan fully covers the rulemaking action and constitutes BLM's 
compliance with the requirements of NEPA.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) 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 interim final supplementary 
rules do not pertain specifically to commercial or governmental 
entities of any size, but to public recreational use of specific public 
lands. Therefore, BLM has determined under the RFA that these interim 
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 interim final supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). The interim final supplementary 
rules merely contain rules of conduct for recreational use of certain 
public lands. The interim final supplementary rules have no effect on 
business, commercial, or industrial use of the public lands.

Unfunded Mandates Reform Act

    These interim final supplementary rules do not impose an unfunded 
mandate on state, local, or Tribal governments in the aggregate, or the 
private sector, of more than $100 million per year; nor do they have a 
significant or unique effect on small governments. These interim final 
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 interim final supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
The interim final supplementary rules do not address property rights in 
any form, and do not cause the impairment of anybody's property rights. 
Therefore, the Department of the Interior has determined that these 
interim final supplementary rules would not cause a taking of private 
property or require further discussion of takings implications under 
this Executive Order.

Executive Order 13132, Federalism

    The interim 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 interim 
final supplementary rules affect land in only one state, California. 
BLM has determined that these interim 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, the Office of the Solicitor has 
determined that these interim final supplementary rules will not unduly 
burden the judicial system and that the requirements of sections 3(a) 
and 3(b)(2) of the Order are met. The interim final supplementary rules 
impose penalties for prohibited acts, but they are straightforward and 
not confusing, and their enforcement should not unreasonably burden the 
United States Magistrate who will try any persons cited for violating 
them.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these interim final supplementary rules do not include policies that 
have Tribal implications. The interim final supplementary rules do not 
affect lands held for the benefit of Indians, Aleuts, or Eskimos. To 
comply with Executive Orders regarding government-to-

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government relations with Native Americans, formal and informal 
contacts were made with the Table Bluff Reservation-Wiyot Tribe, the 
federally-recognized tribal entity in the area of the CMA, for 
consultation purposes. BLM provided the tribe a copy of the plan, and 
contacted the tribe directly to request comments and assess the need 
for a briefing. The tribe expressed no concerns about the South Spit 
Management Plan, or specifically the decisions related to these interim 
final supplementary rules.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    In accordance with Executive Order 13211, the BLM has determined 
that the proposed rule will not have substantial direct effects on the 
energy supply, distribution or use, including a shortfall in supply or 
price increase. The interim final supplementary rules merely contain 
rules of conduct for recreational use of certain public lands.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, BLM has determined that 
the interim final supplementary rules would not impede facilitating 
cooperative conservation; would take appropriate account of and 
consider the interests of persons with ownership or other legally 
recognized interests in land or other natural resources; properly 
accommodate local participation in the Federal decision-making process; 
and provide that the programs, projects, and activities are consistent 
with protecting public health and safety. The interim final 
supplementary rules merely contain rules of conduct for recreational 
use of certain public lands. Furthermore, a primary purpose of the 
rules is to implement a cooperative effort between local, state, and 
federal agencies to protect the resource values of the South Spit.

Paperwork Reduction Act

    These interim 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.

Information Quality Act

    In developing these supplementary rules, the BLM did not conduct or 
use a study, experiment or survey requiring peer review under the 
Information Quality Act (Section 515 of Pub. L. 106-554).

Author

    The principal author of these interim final supplementary rules is 
Bob Wick, Planning and Environmental Coordinator, Arcata Field Office, 
Bureau of Land Management.
    For the reasons stated in the preamble and under the authority for 
supplementary rules found in 43 CFR 8365.1-6, the California State 
Director, Bureau of Land Management hereby issues interim final 
supplementary rules, effective upon publication, for lands managed by 
the BLM, including those managed under a Deed of Conservation Easement 
from the State of California, in the South Spit Cooperative Management 
Area to read as follows:

Supplementary Rules for the South Spit Cooperative Management Area

Section 1; Definitions

    Habitat Restoration Area--This area begins approximately 1,500 feet 
south of the South Jetty and extends along the mean high tide line 
approximately 3,000 feet further south along the beach. The protection 
area extends inland from the mean high tide line approximately 300 feet 
into the dunes and includes approximately 24 acres. The area is 
identified with signing.
    Temporary plover protection areas--Areas containing an active nest, 
a brood that frequents the area for over a week, or numerous wintering 
plovers that need temporary protection from public use impacts. Each 
area will be clearly marked using symbolic fencing and signs that state 
the area is closed to the public. Upon verification that plovers are no 
longer using an area, the signs and fencing will be removed and the 
temporary protection area will be discontinued.
    Waveslope--The area of the beach that shows evidence of having been 
washed by waves during the last tidal cycle.
    Camping--The erecting of a tent or shelter of natural or synthetic 
material, preparing a sleeping bag or other bedding material for use, 
parking of a motor vehicle, motor home, or trailer, for the apparent 
purpose of overnight occupancy.
    Firewood cutting--Use of any mechanical, motorized, or hand-powered 
tools for the purpose of separating wood material into smaller parts.
    Firewood collecting--Gathering wood material for transport out of 
the South Spit--CMA in quantities greater than a ``reasonable amount'' 
as defined below.
    Symbolic fencing--Series of posts linked by rope surrounding plover 
protection areas to identify locations closed to public access.
    South Spit Cooperative Management Area (CMA)--Public or state owned 
lands in all or portions of the following public land survey sections:

Humboldt Meridian, California

T. 4 N., R. 2 W.
    Secs. 7, 12, 13, 14, 23, 24, 26, and 27.

    A map of the South Spit CMA can be found at: www.blm.gov/arcata, or 
by contacting the BLM (see ADDRESSES section above).

Section 2; Supplementary Rules of Conduct

    The following rules apply to all visitors to the South Spit CMA 
unless explicitly stated otherwise in a particular rule. Employees and 
agents of the BLM will be exempt from these rules during performance of 
specific official duties as authorized by the Arcata Field Manager.
    1. The area is open for day-use only from one hour before sunrise 
to one hour after sunset. An exception is made for the black brandt 
(Branta bernicla) hunting season. Dates for this season are set by the 
CDFG and vary annually. During this season, the public will be allowed 
access to the area from 4 a.m. until one hour after sunset. Camping is 
not allowed.
    2. The following are designated as vehicle use corridors, with the 
remainder of the area closed to all motor vehicle use:
    a. South Jetty Road.
    b. Cove Road.
    c. Vehicle access corridors marked by signs and bounded by post/
cable fencing which run west from South Jetty Road to the beach.
    d. Access corridor that runs east along the jetty from the jetty 
parking area.
    e. Waveslope.
    f. Signed access routes from South Jetty Road east to the shore of 
Humboldt Bay.
    3. The following are additional restrictions on vehicle use in the 
designated corridors:
    a. Speed limit of 25 mph for South Jetty and Cove Roads.
    b. Speed limit of 15 mph for the waveslope.
    c. Street legal vehicles only are allowed on South Jetty and Cove 
Roads.
    d. The portion of the waveslope adjacent to the Habitat Restoration 
Area is closed to all vehicles March 1-September 15.
    e. The signed access routes from South Jetty Road east to the shore 
of Humboldt Bay are open to vehicles only for purposes of loading and 
unloading hunting supplies during waterfowl

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hunting season (October-January). When not being directly used for 
loading and unloading, vehicles must be moved from the access corridors 
and parked at pulloffs along South Jetty Road. These access corridors 
are closed to vehicles the remainder of the year.
    f. Portions of the waveslope within marked temporary plover 
protection areas may be closed to all vehicles if it is determined that 
plovers will be impacted by this use. These areas will be marked with 
signing visible from the waveslope indicating that they are closed to 
vehicles.
    g. One or more of the vehicle access corridors running west from 
the South Jetty Road to the beach may be temporarily closed if the 
adjoining beach is occupied by plovers.
    4. Dogs must be leashed on the west side of South Jetty Road March 
1-September 15, and must be under the owner's control at all times.
    5. Public use within the Habitat Restoration Area is not allowed 
March 1-September 15. For temporary plover protection areas, public use 
is not allowed as long as the protection area and associated signing 
remains in place.
    6. Use of kites, model airplanes, and campfires are not allowed 
within 300 feet of temporary or permanent plover protection areas.
    7. Lands west of South Jetty Road are open to equestrian use; all 
other lands are closed to such use.
    8. Firewood cutting or collecting is allowed by permit only 
September 16-February 28 (February 29 in a leap year). Casual, personal 
use of a reasonable amount of wood as described in 43 CFR 8365.1-5 (b)5 
is allowed year-round. A reasonable amount of wood material would be 
the amount of wood that could fit into a personal backpack or that 
could be carried by hand in a five-gallon bucket or similar container.
    9. Firearm use is allowed only for the lawful hunting of waterfowl 
during CDFG established seasons. Target shooting (including bow and 
arrow, rifle, pistol, shotgun, air rifle, or paintball gun) is not 
allowed.
    10. Fireworks are not allowed.

Section 3; Penalties

    Any person who violates any of these supplementary rules 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. 43 U.S.C. 1733(a); 
43 CFR 8360.0-7; 43 CFR 2932.57(b). Such violations may also be subject 
to the enhanced fines provided for by 18 U.S.C. 3571.

James Wesley Abbott,
Acting State Director.
[FR Doc. E9-12515 Filed 5-28-09; 8:45 am]
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