[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Notices]
[Pages 43718-43720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20664]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R7-R-2009-N0106; 70133-1265-0000-S3]


Kenai National Wildlife Refuge, Soldotna, AK

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of availability of the revised comprehensive 
conservation plan and final environmental impact statement.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service, USFWS), 
announce that the revised comprehensive conservation plan (CCP) and 
final environmental impact statement (EIS) for the Kenai National 
Wildlife Refuge is available for public review and comment. The CCP/EIS 
was prepared pursuant to the Alaska National Interest Lands 
Conservation Act of 1980 (ANILCA), the National Wildlife Refuge System 
Administration Act of 1966 (Refuge Administration Act) as amended by 
the National Wildlife Refuge System Improvement Act of 1997 (Refuge 
Improvement Act), and the National Environmental Policy Act of 1969 
(NEPA). It describes five alternatives for managing the Kenai Refuge 
for the next 15 years, including continuing current management.

DATES: We will accept comments on the CCP/EIS until September 28, 2009.

ADDRESSES: To provide written comments or to request a paper copy or a 
compact disk of the CCP/EIS, contact Peter Wikoff, Planning Team 
Leader, U.S. Fish and Wildlife Service Regional Office, 1011 East Tudor 
Rd., MS-231, Anchorage, AK 99503; telephone: (907) 786-3357; fax: (907) 
786-3965; e-mail: [email protected]. You may also view or 
download a copy of the CCP/EIS at: http://alaska.fws.gov/nwr/planning/kenpol.htm. Copies of the CCP/EIS may be viewed at the Kenai Refuge 
Office in Soldotna, AK, and the U.S. Fish and Wildlife Service Regional 
Office in Anchorage, AK (address above).

FOR FURTHER INFORMATION CONTACT: Peter Wikoff at the address or phone 
number provided above.

SUPPLEMENTARY INFORMATION: The Alaska National Interests Land 
Conservation Act (ANILCA) (16 U.S.C. 410hh et seq., 43 U.S.C. 1602 et 
seq.) requires development of comprehensive conservation plans for all 
national wildlife refuges in Alaska. The CCP/EIS for the Kenai Refuge 
was developed consistent with Section 304(g) of ANILCA and the Refuge 
Administration Act as amended by the Refuge Improvement Act (16 U.S.C. 
668dd et seq.). The purpose of developing a comprehensive conservation 
plan is to provide refuge managers with a 15-year management strategy 
for achieving refuge purposes and contributing toward the mission of 
the National Wildlife Refuge System, consistent with sound principles 
of fish, wildlife, and habitat management and conservation; legal 
mandates; and Service policies. Comprehensive conservation plans define 
long-term goals and objectives toward which refuge management 
activities are directed. Comprehensive conservation plans are reviewed 
and updated every 15 years in accordance with direction in Section 
304(g) of ANILCA, the Refuge Improvement Act, and NEPA (42 U.S.C. 4321 
et seq.).

Background

    In 1941, President Franklin D. Roosevelt signed Executive Order 
8979 creating the 1,730,000-acre Kenai National Moose Range. In 1980, 
ANILCA changed the name of the Range to the Kenai National Wildlife 
Refuge and substantially increased the size of the Refuge. Kenai Refuge 
encompasses approximately 1,988,000 acres. Section 303(4)(B) of ANILCA 
states that the purposes for which Kenai Refuge was established include 
(i) to conserve fish and wildlife populations and habitats in their 
natural diversity; (ii) to fulfill international treaty obligations of 
the United States with respect to fish and wildlife and their habitats; 
(iii) to ensure water quality and necessary water quantity within the 
refuge; (iv) to provide opportunities for scientific research, 
interpretation, environmental education, and land management training; 
and (v) to provide opportunities for fish and wildlife-oriented 
recreation. A CCP/EIS was completed for the Kenai Refuge in 1985 (50 FR 
31777, Aug. 6, 1985) following direction in Section 304(g) of ANILCA.
    The ANILCA requires the Service to designate areas according to 
their respective resources and values and to specify programs and uses 
within the areas designated. To meet these requirements, the Alaska 
Region established management categories. A management category is a 
set of refuge management directions applied to an area to accomplish 
refuge purposes and goals. Appropriate public uses, commercial uses, 
facilities, and human activities are identified for each management 
category. Five management categories currently apply to the Kenai 
Refuge, including (1) Intensive, (2) Moderate, (3) Traditional, (4) 
Minimal, and (5) Wilderness.
    The 1997 Refuge Improvement Act includes additional direction for 
conservation planning throughout the National Wildlife Refuge System. 
This direction has been incorporated into national planning policy for 
the National Wildlife Refuge System, including refuges in Alaska. The 
CCP/EIS for the Kenai Refuge meets the requirements of both ANILCA and 
the Refuge Administration Act as amended by the Refuge Improvement Act.

An Overview of Management Alternatives

    The CCP/EIS describes and evaluates five alternatives (A-E) for 
managing the Kenai Refuge for the next 15 years. Alternatives A through 
E are each consistent with the purposes of the Kenai Refuge as mandated 
by ANILCA.
    Alternative A (the No-Action Alternative) is required under NEPA 
and describes continuation of current management. Alternative A serves 
as a baseline against which to compare the other four alternatives, 
including Alternative E--the Service's Preferred Alternative. Under 
Alternative A, management of the Kenai Refuge would continue to follow 
direction described in the 1985 CCP/EIS and record of decision and 
subsequent step-down management plans. Under Alternative

[[Page 43719]]

A, the Kenai Refuge would continue to be managed under five management 
categories.
    Alternatives B through E would generally continue to follow 
management direction as described in the 1985 CCP/EIS and record of 
decision and subsequent step-down management plans. However, some 
specific direction occurring under current management (Alternative A) 
would be altered or no longer pursued under Alternatives B through E. 
For example, under Alternatives B through E, four management 
categories, not five, would be applied to the Kenai Refuge, eliminating 
the Traditional management category. Alternative B would convert Kenai 
Refuge lands that are currently managed as Traditional to the Moderate 
or the Minimal management categories, and Alternatives C through E 
would convert Refuge lands that are currently managed as Traditional to 
the Minimal management category.

The Alternatives by Specific Issues

    Five planning issues were raised during scoping. The CCP/EIS for 
Kenai Refuge describes and evaluates specific management actions under 
Alternatives A through E and how each alternative addresses the 
planning issues. In this notice, we highlight key changes in management 
of the Kenai Refuge proposed under Alternatives A through E for each 
planning issue:

Issue 1: Large-Scale Habitat Change and the Use of Fire

    Under Alternatives A through C, prescribed fire use would be 
allowed on 31 percent of the Refuge, though such use would be limited 
under Alternative A on approximately 10 percent of the Refuge 
identified as Minimal management. Alternatives D and E (Alternative E 
is the Preferred Alternative) would allow prescribed fire use on 97.5 
percent of the Refuge.
    Under Alternative A, use of wildland fire would be allowed on 95 
percent of the Refuge, and Alternative B would allow such use on 84.5 
percent of the Refuge. This is the technique of managing naturally 
ignited wildland fires to accomplish resource management objectives for 
specific areas. Alternatives C through E (the Preferred Alternative) 
would allow use of wildland fire on 97.5 percent of the Refuge--with 
use of wildland fire only being the default management action in 
designated Wilderness (66.4 percent of the Refuge) under Alternative C. 
Under Alternatives D and E (the Preferred Alternative), use of wildland 
fire would be the default management action in Minimal and designated 
Wilderness management categories (95 percent of the Refuge).

Issue 2: Manage Existing Facilities for Public Use While Ensuring 
Resource Protection

    Presently, there are three active oil and gas leases (13,252 acres) 
on the Kenai Refuge that were granted under the Mineral Leasing Act of 
1920. These leases are not anticipated to end during the life of this 
plan (15 years) but could in the foreseeable future. For two of the 
leases, the Swanson River and Beaver Creek Oil and Gas units, some of 
the existing industrial roads and operating facilities would be 
retained (in the event that operations cease) for public use (except 
bicycle use) under Alternative A, though none would be retained under 
Alternative B. Most industrial roads would be retained and converted to 
trails for pedestrian and horse use only under Alternative C; and 
Alternatives D and E (the Preferred Alternative) would retain and 
maintain most roads for public use, including bicycle use. No existing 
facilities would be retained for public use under Alternatives C 
through E (the Preferred Alternative) in these oil and gas units. In 
the Swanson River Oil and Gas Unit, up to five primitive camping areas 
would be provided for walk-in use only under Alternative C, and two 
developed campgrounds would be constructed under Alternatives D and E 
(the Preferred Alternative). In the Beaver Creek Oil and Gas Unit, up 
to two primitive camping areas would be provided for walk-in use only 
under Alternative C, one developed campground would be constructed 
under Alternative D, and no camping facilities would be provided under 
Alternative E (the Preferred Alternative).
    Public vehicle use on the unimproved Mystery Creek Access Road and 
pipeline corridor north to Chickaloon Bay would be allowed from the 
start of moose hunting season (approximately August 9) until snow cover 
under Alternative A. Under Alternative B, the access road would be 
improved and public vehicle use would be allowed July 1 to November 30 
throughout the area, including southwest access to the East Fork of the 
Moose River. Alternatives C and E (the Preferred Alternative) would 
improve the access road to ensure public safety and environmental 
protection while providing for a primitive backcountry experience, and 
public vehicle use would be allowed August 9 to November 30 throughout 
the area, including southwest access to the East Fork of the Moose 
River. Under Alternative D, public vehicle use on the access road and 
pipeline corridor would not be allowed. Pedestrian, horse, and 
snowmachine use would be allowed under all the alternatives. Bicycle 
use would be allowed from August 9 until snow cover under Alternatives 
A, C, and E (the Preferred Alternative), and May 1 to November 30 under 
Alternative B. Alternative D would not allow bicycle use. Public use 
registration would not be required under Alternatives A or D, but it 
would be required under Alternatives B, C, and E (the Preferred 
Alternative).

Issue 3: Enhance Wildlife-Dependent Recreation Opportunities

    Under Alternative A, personal collection of berries, mushrooms, and 
other edible plants, and/or the collection of shed antlers would not be 
allowed. Under Alternatives B through E (the Preferred Alternative), 
personal collection and use of unlimited quantities of berries, 
mushrooms, and other edible plants, and up to eight naturally shed 
moose or caribou antlers per person per year, would be allowed.

Issue 4: Manage Increasing Public Use To Ensure Resource and Visitor-
Experience Protection

    For the Upper Kenai River (Russian River to Skilak Lake), non-
guided public use would be allowed without restriction under 
Alternative A. Alternative B would modify existing management 
agreements and/or plans cooperatively with stakeholders to address non-
guided public use; and Alternatives C through E (the Preferred 
Alternative) would implement a limited permit program after a public 
rulemaking process is conducted.
    Under all of the Alternatives, sportfishing guides would be 
required to have special use permits. Permits would be limited to 20 
under Alternatives A and B, reduced to 18 under C and E (the Preferred 
Alternative), and reduced to 15 under Alternative D. Permits would be 
reduced through attrition and issued competitively. Each permit would 
allow 10 starts per week with no more than 4 starts per day--except 
under Alternative B, which would require additional restrictions on the 
timing and starts of boats beyond such levels.
    State-licensed sportfishing guides not having Refuge special use 
permits may be issued Incidental Use Permits (IUPs) under all the 
alternatives except Alternative D, which would eliminate the IUP 
Program. Alternatives A, C, and E (the Preferred Alternative) would 
issue up to three IUPs per year subject to quotas and blackout dates, 
and Alternative B would limit the number of IUPs to one per year.

[[Page 43720]]

    Dispersed camping would be allowed (except within one-quarter mile 
of the Sterling Highway) under all of the alternatives, but would be 
limited to 14 days in any 30-day period under Alternative A; limited to 
24 hours within any 14-day period within 100 yards of the river under 
Alternative B; not allowed within 100 yards of the river under 
Alternatives C and E (the Preferred Alternative); limited to 48 hours 
within any 14-day period within 100 yards of the river and within 1 
mile of the Kenai River/Skilak Lake inlet/outlet under Alternative D.
    For the Middle Kenai River (Skilak Lake downstream to the Refuge 
boundary), non-guided public use would be allowed without restriction 
under Alternatives A and B. Such use would be allowed without 
restriction under Alternatives C and E (the Preferred Alternative) 
until a Limits-of-Acceptable Change planning process is completed with 
stakeholders; and Alternative D would implement a limited permit 
program after a public rulemaking process is conducted.
    Sportfishing guides would be required to have special use permits 
under all of the alternatives, though such permits would be issued 
without limit under Alternative A. Under Alternative B, the need to 
implement a permitting process would be evaluated after the conclusion 
of the ongoing Kenai River-wide guide process. Under Alternatives C and 
E (the Preferred Alternative), permits would be limited to the number 
of existing permittees, and existing permittees would be 
``grandfathered'' in after a public rulemaking process is conducted; 
under Alternative D, permits would be limited to 20 through a 
competitive selection process, and management of the timing and starts 
of boats would be initiated.

Issue 5: Balance Motorized Access With Resource and Visitor-Experience 
Protection

    Under all the alternatives, airplane access would not be allowed 
May 1 to September 30 on any lake where nesting trumpeter swans and/or 
their broods are present, except on two lakes in designated 
Wilderness--where the closure would be May 1 to September 10 under 
Alternatives A through C and E (the Preferred Alternative)--and five 
lakes in designated Wilderness plus one lake outside of designated 
Wilderness under Alternative D. Airplane access would be allowed on 46 
lakes in designated Wilderness under Alternatives A and E (the 
Preferred Alternative); 45 lakes under Alternative B; 50 lakes under 
Alternative C; and 59 lakes under Alternative D.
    Under all the alternatives, floatplane access to Chickaloon Flats 
would be allowed on 6.5 miles of the Chickaloon River. Under 
Alternative A, wheeled airplane access would be allowed year-round 
within designated areas of the Chickaloon Flats area, including three 
upland landing zones, a designated beach zone, and the unmaintained Big 
Indian Creek airstrip. Under Alternatives B through E (the Preferred 
Alternative), wheeled airplane access would be allowed on 21 square 
miles of unvegetated portions of the Chickaloon Flats area. Access 
would also be allowed on the unmaintained Big Indian Creek airstrip 
under Alternatives B and E (the Preferred Alternative). Under 
Alternatives C and D, access would be allowed on the Big Indian Creek 
airstrip, which would be maintained by the Service; and under 
Alternative D, an additional 6.8 square miles of unvegetated portions 
of the Chickaloon Flats would be accessible September 1 to December 15 
(or to coincide with future waterfowl hunting seasons).
    Under Alternatives A through C and E (the Preferred Alternative), 
snowmachines would be allowed in designated areas December 1 to April 
30 when the refuge manager determines there is adequate snow cover. 
Under Alternative C, certain zones within designated areas may be 
opened earlier (than December 1) or later (than April 30) depending on 
local snow conditions.
    Under Alternative D, the December 1 to April 30 time restriction 
would be eliminated, and certain zones within designated areas may be 
opened depending on local snow conditions. Under Alternatives B through 
E (the Preferred Alternative), research studies would be conducted with 
stakeholders to evaluate the effects of snowmachine use on Refuge 
resources and visitor experiences, and the results of those studies 
would be used to support future management decisions.

Public Availability of Comments

    Before including your name, address, phone number, e-mail address, 
or other personal identifying information in your comment, you should 
be aware 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 your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. We will make all comments from individual persons part 
of the official public record. We will handle requests for such 
comments in accordance with the Freedom of Information Act, NEPA, and 
Departmental policies and procedures.

    Dated: August 21, 2009.
Gary Edwards,
Acting Regional Director, U.S. Fish and Wildlife Service, Anchorage, 
Alaska.
[FR Doc. E9-20664 Filed 8-26-09; 8:45 am]
BILLING CODE 4310-55-P