[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Proposed Rules]
[Pages 29277-29286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12099]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 36

[Docket No. FWS-R7-NWRS-2014-0003: FF07R05000 145 FXRS12610700000]
RIN 1018-AX56


Refuge-Specific Regulations; Public Use; Kenai National Wildlife 
Refuge

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
amend our public use regulations for Kenai National Wildlife Refuge 
(Kenai NWR or Refuge) to clarify the existing regulations; implement 
management decisions from our June 2010 Kenai NWR revised comprehensive 
conservation plan (CCP); establish regulations for managing wildlife 
attractants, including food, refuse, and retained fish; and revise the 
regulations for hunting and trapping. The proposed regulations are 
aimed at enhancing natural resource protection, public use activities, 
and public safety on the Refuge; are necessary to ensure the 
compatibility of public use activities with the Refuge's purposes and 
the Refuge System's purposes; and would ensure consistency with 
management policies and approved Refuge management plans.

DATES: To ensure that we are able to consider your comments on this 
proposed rule, we must receive them on or before July 20, 2015. We must 
receive requests for public hearings, in writing, at the address shown 
in the FOR FURTHER INFORMATION CONTACT section by July 6, 2015.

ADDRESSES: You may submit comments on this proposed rule by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for FWS-R7-NWRS-2014-0003, which is the 
docket number for this rulemaking. You may submit a comment by clicking 
on ``Comment Now!'' Please ensure that you have found the correct 
rulemaking before submitting your comment.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R7-NWRS-2014-0003, U.S. Fish and 
Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-
3803.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us. For additional information, see the Request for Comments and Public 
Availability of Comments sections, below.

FOR FURTHER INFORMATION CONTACT: Stephanie Brady, National Wildlife 
Refuge System, Alaska Regional Office, 1011 E. Tudor Rd., Mail Stop 
211, Anchorage, AK 99503; telephone (907) 306-7448; fax (907) 786-3901.

SUPPLEMENTARY INFORMATION: 

Background

    Franklin D. Roosevelt established the Kenai National Moose Range 
(Moose Range) on December 16, 1941, for the purpose of ``protecting the 
natural breeding and feeding range of the giant Kenai moose on the 
Kenai Peninsula, Alaska, which in this area presents a unique wildlife 
feature and an unusual opportunity for the study in its natural 
environment of the practical management of a big game species that has 
considerable local economic value'' (Executive Order 8979; see 6 FR 
6471, December 18, 1941).
    Section 303(4) of the Alaska National Interest Lands Conservation 
Act of 1980 (ANILCA) (16 U.S.C. 3101 et seq.) substantially affected 
the Moose Range by modifying its boundaries and broadening its purposes 
from moose conservation to protection and conservation of a broad array 
of fish, wildlife, habitats, and other resources, and to providing 
educational and recreational opportunities. ANILCA also redesignated 
the Moose Range as the Kenai National Wildlife Refuge (NWR or Refuge) 
and increased the size of the Refuge to 1.92 million acres, of which 
approximately two-thirds are designated as wilderness.
    ANILCA sets out purposes for each refuge in Alaska; the purposes of 
Kenai NWR are set forth in section 303(4) (B) of ANILCA. The purposes 
identify some of the reasons why Congress established the Refuge and 
set the management priorities for the Refuge. The purposes are as 
follows:
    (1) To conserve fish and wildlife populations and habitats in their 
natural diversity including, but not limited to, moose, bears, mountain 
goats, Dall sheep, wolves and other furbearers, salmonoids and other 
fish, waterfowl and other migratory and nonmigratory birds;

[[Page 29278]]

    (2) To fulfill the international treaty obligations of the United 
States with respect to fish and wildlife and their habitats;
    (3) To ensure, to the maximum extent practicable and in a manner 
consistent with the purposes set forth in (1), above, water quality and 
necessary water quantity within the Refuge;
    (4) To provide, in a manner consistent with (1) and (2), above, 
opportunities for scientific research, interpretation, environmental 
education, and land management training; and
    (5) To provide, in a manner compatible with these purposes, 
opportunities for fish and wildlife-oriented recreation.
    The Wilderness Act of 1964 (16 U.S.C. 1131-1136) provides the 
following purposes for wilderness areas, including the Kenai wilderness 
area:
    (1) To secure an enduring resource of wilderness;
    (2) To protect and preserve the wilderness character of areas 
within the National Wilderness Preservation System; and
    (3) To administer the areas for the use and enjoyment of the 
American people in a way that will leave them unimpaired for future use 
and enjoyment as wilderness.
    The Refuge is considered by many to be ``Alaska in miniature.'' It 
includes portions of the Harding Ice Field at its highest elevations, 
the western slopes of the Kenai Mountains, and forested lowlands 
bordering Cook Inlet. Treeless alpine and subalpine habitats are home 
to mountain goats, Dall sheep, caribou, wolverine, marmots, and 
ptarmigan. Most of the lower elevations on the Refuge are covered by 
boreal forests composed of spruce and birch forests intermingled with 
hundreds of lakes. Boreal forests are home to moose; wolves; black and 
brown bears; lynx; snowshoe hares; and numerous species of neotropical 
songbirds, such as olive-sided flycatchers, myrtle warblers, and ruby-
crowned kinglets. At sea level, the Refuge encompasses the largest 
estuary on the Peninsula--the Chickaloon River Flats. The Chickaloon 
River Flats provide a major migratory staging area for thousands of 
shorebirds and waterfowl and provide a haul-out area for harbor seals 
and feeding areas for beluga whales.
    Under our regulations implementing ANILCA in Title 50 of the Code 
of Federal Regulations at part 36 (50 CFR 36), all refuge lands in 
Alaska are open to public recreational activities as long as such 
activities are conducted in a manner compatible with the purposes for 
which the refuge was established (50 CFR 36.31). Such recreational 
activities include, but are not limited to, sightseeing, nature 
observation and photography, hunting, fishing, boating, camping, 
hiking, picnicking, and other related activities (50 CFR 36.31(a)).
    The National Wildlife Refuge Administration Act of 1966 (16 U.S.C. 
668dd-668ee), as amended by the National Wildlife Refuge System 
Improvement Act of 1997, defines ``wildlife-dependent recreation'' and 
``wildlife-dependent recreational use'' as ``hunting, fishing, wildlife 
observation and photography, or environmental education and 
interpretation'' (16 U.S.C. 668ee (2)). We encourage these uses, and 
they receive emphasis in management of the public use of Kenai NWR.
    The current refuge-specific regulations for Kenai NWR are set forth 
at 50 CFR 36.39(i). These regulations include provisions concerning the 
operation of aircraft, motorboats, off-road vehicles, and snowmobiles; 
hunting and trapping; camping; timber removal; personal property; use 
of nonmotorized wheeled vehicles; canoeing; and area closures on the 
Refuge.

Proposed Changes

    In this document, we propose to make the following changes to the 
refuge-specific regulations for Kenai NWR:
    (1) Amend regulations affecting the use of aircraft, motorboats, 
motorized vehicles, and snowmobiles;
    (2) Codify restrictions on hunting and trapping within the Skilak 
Wildlife Recreation Area recently established in accordance with the 
procedures set forth at 50 CFR 36.42 (public participation and closure 
procedures);
    (3) Expand a prohibition on the discharge of firearms to include 
areas of intensive public use along the Kenai and Russian rivers;
    (4) Clarify the intent of an existing regulation addressing hunting 
over bait;
    (5) Amend regulations associated with camping, use of public use 
cabins and public fishing facilities, unattended equipment, livestock 
including pack animals, and public gatherings;
    (6) Establish regulations to reduce potential for negative human-
bear interactions;
    (7) Establish regulations for noncommercial gathering of natural 
resources, including collection of edible wild foods and shed antlers; 
and
    (8) Codify restrictions on certain uses within areas of the Refuge 
under conservation easements and easements made under section 17(b) of 
the Alaska Native Claims Settlement Act (ANCSA) (43 U.S.C. 1601 et 
seq.; see 43 U.S.C. 1616(b)).
    We also propose to clarify the existing regulations through editing 
for plain language and through correcting misspellings. Our proposed 
substantive changes are discussed in more detail below.

Implementation of Revised Kenai Comprehensive Conservation Plan

    The revised Kenai NWR comprehensive conservation plan (2010) (CCP) 
addresses five primary issues:
     Management of large-scale habitat changes and the use of 
fire;
     Management of Refuge facilities for public use while 
ensuring natural and cultural resource protection;
     Enhancement of wildlife-oriented recreation opportunities;
     Management of the increasing public use to ensure 
protection of resources, visitor experience, and public safety; and
     Balancing motorized access with protection of resources 
and visitor experiences.
    This proposed rule would implement management direction and/or 
specific actions identified in the CCP and its record of decision that 
are intended to address the latter four issues. Specifically, we 
propose to:
    (1) Allow expanded airplane operation on the Chickaloon River 
Flats, open an additional lake to airplane operation within the Kenai 
wilderness for permitted hunting access, change the dates of prohibited 
aircraft operation on any lake where nesting trumpeter swans or their 
broods or both are present from May 1 to September 30 to May 1 to 
September 10, and prohibit airdrop of any items except under the terms 
and conditions of a special use permit (FWS Form 3-1383-G).
    (2) Prohibit boat motors in excess of 10 horsepower in selected 
lakes and adopt motor horsepower and boat size and capacity 
restrictions for portions of the Kenai River within the Refuge. The 
proposed motor horsepower, motor type and boat size restrictions would 
enhance consistency with existing State boating regulations within the 
Kenai River Special Management Area (11 Alaska Administrative Code 
[AAC] 20.860 and 11 AAC 20.861).
    (3) Clarify that jet skis and personal watercraft are included in 
the list of prohibited motorized watercraft.
    (4) Prohibit the use of snowmobiles to pursue, chase, or herd 
wildlife.
    (5) Establish requirements for use of public fishing facilities to 
ensure protection of sensitive Kenai River shoreline habitats, and 
enhance safety for both ferry passengers and visitors fishing in the 
immediate vicinity of Russian River ferry operations.

[[Page 29279]]

Currently, fishing is prohibited in an area 100 feet downstream of the 
ferry's landing area on the southern shore; the proposed rule would 
expand the closure to include 100 feet upstream of the landing area.
    (6) Clarify requirements for use of developed campgrounds and 
public use cabins including general occupancy, reservations and payment 
of fees, length of stay, management of wildlife attractants and human 
waste, control of pets, and campfire use; prohibit dispersed camping 
within 100 yards of the Kenai River in certain locations to enhance 
protection of sensitive riverbank habitats; and prohibit overnight 
camping at certain developed parking facilities to meet day-use parking 
needs.
    (7) Specify requirements for use of nonmotorized wheeled vehicles 
on designated roads including a new allowance for use of wheeled game 
carts; for use of livestock for packing, including a new requirement 
for use of certified weed-free feed to reduce potential for introducing 
invasive plant species; for allowance of natural resource collection, 
including berries and edible plants and shed antlers for personal use; 
for extension of the allowable time for leaving personal property 
unattended for certain approved extended stay activities; and for 
public gatherings.
    (8) Codify legal requirements governing use of areas where the 
Service administers non-development easements, public use easements, 
and easements made under section 17(b) of ANCSA.
    The CCP and its record of decision are available for public 
inspection on the Federal eRulemaking Portal, http://www.regulations.gov, under Docket No. FWS-R7-NWRS-2014-0003.

Managing Wildlife Attractants To Reduce Negative Human-Bear 
Interactions

    This proposed rule would establish regulations addressing food and 
retained fish storage and handling in an area surrounding the 
confluence of the Kenai and Russian rivers, which we refer to as the 
Russian River-Kenai River Special Management Area. The Russian River 
forms the boundary between the Refuge and the Chugach National Forest. 
Enhancing public safety and wildlife resource conservation in this area 
by reducing the potential for negative human-bear interactions has been 
the focus of formal interagency and stakeholder coordination efforts 
involving the Service; the U.S. Forest Service; Alaska Department of 
Fish and Game; Alaska Department of Natural Resources; Cook Inlet 
Region, Incorporated; and Kenaitze Indian Tribe. Proper food and 
retained fish storage and handling in this area, which hosts one of 
Alaska's most popular and accessible recreational fisheries, are 
necessary and important components of these efforts.
    The proposed rule would codify and make permanent food and retained 
fish regulations that have been issued by the Service as temporary 
restrictions in recent years in accordance with 50 CFR 36.42, and would 
provide consistency with U.S. Forest Service's food and retained fish 
storage regulations applying to adjacent lands within the Chugach 
National Forest (36 CFR 261.58). This consistency among regulations 
would have the added benefit of reducing confusion for the public 
utilizing this area, as visitors regularly use both jurisdictions while 
recreating in the area.

Hunting and Trapping

    By law (National Wildlife Refuge System Administration Act of 1966, 
as amended; Alaska National Interest Lands Conservation Act of 1980), 
regulation (43 CFR 24), and policy (the Service Manual at 605 FW 1 and 
605 FW 2), the Service must, to the extent practicable, ensure that 
refuge regulations permitting hunting and fishing are consistent with 
State laws, regulations, and management plans. In addition, under the 
Master Memorandum of Understanding (1982) (MMOU) between the Service 
and the Alaska Department of Fish and Game, it is recognized that 
taking of fish and wildlife by hunting, trapping, or fishing on Service 
lands in Alaska is authorized under applicable State and Federal law 
unless State regulations are found to be incompatible with documented 
refuge goals, objectives, or management plans. The MMOU also commits 
the Service to utilize the State's regulatory process to the maximum 
extent allowed by Federal law in developing new or modifying existing 
Federal regulations or proposing changes in existing State regulations 
governing or affecting the taking of fish and wildlife on Service lands 
in Alaska.
    In recognition of the above, nonconflicting State general hunting 
and trapping regulations are usually adopted on NWRs. Hunting and 
trapping, however, remain subject to legal mandates, regulations, and 
management policies pertinent to the administration and management of 
NWRs. For refuges in Alaska, a number of statutes provide authority and 
directives, and three statutes are key: The Alaska National Interest 
Lands Conservation Act (ANILCA) of 1980; the National Wildlife Refuge 
System Administration Act of 1966, as amended; and the Wilderness Act 
of 1964.
    The prohibitions and/or restrictions on hunting and trapping 
proposed by the Service in this rule are necessary to ensure that 
hunting and trapping are regulated in a manner such that these 
activities remain compatible with Kenai NWR's established purposes and 
the Refuge System mission; to ensure consistency with Service policy, 
directives, and approved management plans; to minimize conflicts 
between authorized users of the Refuge; and to protect public safety. 
This proposed rule would establish prohibitions and/or restrictions on 
hunting and trapping within the Skilak Wildlife Recreation Area of the 
Refuge, establish a prohibition on the discharge of firearms within \1/
4\ mile of the Kenai and Russian rivers (with the exception of firearms 
used for dispatching legally trapped animals and use of shotguns for 
waterfowl hunting), and clarify the intent of an existing regulation 
that allows the harvest of black bears over bait under the terms and 
conditions of a special use permit (FWS Form 3-1383-G).
    This proposed rule would codify an existing regulatory closure of 
hunting and trapping, with exceptions for certain hunting activities, 
within the Skilak Wildlife Recreation Area, consistent with the 
Service's 2007 Skilak Wildlife Recreation Area Revised Final Management 
Plan (which reaffirmed management objectives for the area established 
under the Refuge's 1985 CCP) and which mimic State of Alaska hunting 
and trapping regulations for the area in effect prior to 2013. The 
Skilak Wildlife Recreation Area is a 44,000-acre area of the Refuge 
that has, since 1985, been managed with a primary emphasis on providing 
enhanced opportunities for wildlife viewing, environmental education, 
and interpretation. Under historic State regulations, the area was 
closed to hunting and trapping, with the exception of hunting of small 
game with bow and arrow and falconry, moose hunting by permit, and 
``youth-only'' firearm hunting of small game. Hunting of all other 
species has been prohibited since 1987.
    This proposed rule would codify the Service's November 2013 
permanent closure, established in accordance with 50 CFR 36.42, to 
hunting and trapping, with the exceptions for moose and small game 
described above, in the Skilak Wildlife Recreation Area (see 78 FR 
66061, November 4, 2013). The Service

[[Page 29280]]

adopted the permanent closure in response to action taken by the Alaska 
Board of Game in March 2013, which opened the Skilak Wildlife 
Recreation Area to taking of lynx, coyote, and wolf within the area 
under State hunting regulations. Under this new State regulation, which 
became effective July 1, 2013, taking of these species is allowed 
during open seasons from November 10 to March 31. The Service 
determined that this hunting of lynx, coyote, and wolf negatively 
impacts meeting objectives in approved Refuge management plans to 
provide enhanced wildlife viewing, environmental education, and 
interpretation opportunities in the area. Meeting Refuge public use 
objectives in the Skilak Wildlife Recreation Area is consistent with 
and directly supports meeting specific Refuge purposes under ANILCA for 
providing the public with opportunities for environmental education and 
interpretation and for a variety of wildlife-dependent recreational 
activities, including wildlife viewing and photography. In addition to 
helping us meet the Refuge's public use objectives, this action helps 
us ensure public safety.
    Also to help ensure protection of public safety, the proposed rule 
would expand areas closed to the discharge of firearms within the 
Refuge by prohibiting discharge of firearms along the Kenai and Russian 
rivers, with exceptions for use of firearms to dispatch animals while 
lawfully trapping in both areas and use of shotguns for waterfowl and 
small game hunting along the Kenai River. These river corridors receive 
intensive recreational use for sport fishing from shorelines and boats 
during open seasons for salmon and resident fish including rainbow 
trout and Dolly Varden, and, on the upper Kenai River for river 
floating, from late spring to freeze-up. The exceptions include an 
allowance for use of shotguns for waterfowl hunting, a popular 
traditional recreational activity occurring from September to mid-
December along the Kenai River in areas downstream of Skilak Lake and 
near the outlet of the river into Skilak Lake. The proposed firearm 
discharge restriction would in effect require that archery equipment be 
used for taking of big game within the designated river corridors. This 
change would enhance consistency with State regulations which prohibit 
the discharge of firearms (with area-specific exceptions) within the 
Kenai River Special Management Area (11 AAC 20.850).
    The proposed rule would clarify an existing regulation which allows 
hunting over bait for the harvest of black bears under the terms and 
conditions of a special use permit (FWS Form 3-1383-G). All other 
hunting over bait is in effect prohibited on the Refuge. This 
clarification is necessary in light of recent action by the Alaska 
Board of Game to allow for the take of brown bears at registered black 
bear baiting stations. It has, and continues to be, the intent of the 
Service to allow baiting only for the take of black bears under the 
existing regulations, and this restriction is currently addressed 
through a stipulation on the refuge special use permit. This change 
would provide additional notice and clarification for the public of 
this intent.
    Maps depicting proposed changes to existing public uses and/or 
public use areas and referred to in the proposed rule are available for 
public inspection on the Federal eRulemaking Portal, http://www.regulations.gov, under Docket No. FWS-R7-NWRS-2014-0003.

Request for Comments

    You may submit comments and materials on this proposed rule by any 
one of the methods listed in the ADDRESSES section. We will not accept 
comments sent by email or fax or to an address not listed in the 
ADDRESSES section.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S Fish and Wildlife 
Service, Alaska Regional Office, Division of Realty and Conservation 
Planning, 1011 East Tudor Road, Anchorage, AK 99503.

Public Availability of Comments

    Before including your address, phone number, email 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.

Required Determinations

Regulatory Planning and Review (Executive Order 12866)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996)), whenever an agency must publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (small businesses, 
small organizations, and small government jurisdictions). However, no 
regulatory flexibility analysis is required if the head of the agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the RFA to require 
Federal agencies to provide a statement of the factual basis for 
certifying that the rule will not have a significant economic impact on 
a substantial number of small entities. Thus, for a regulatory 
flexibility analysis to be required, impacts must exceed a threshold 
for ``significant impact'' and a threshold for a ``substantial number 
of small entities.'' See 5 U.S.C. 605(b).
    This proposed rule would impact visitor use for wildlife-dependent

[[Page 29281]]

recreation on the Refuge. Modifying the visitor use regulations would 
have small incremental changes on total visitor use days associated 
with particular activities. For example, visitor use associated with 
aircraft motorboats and collection of natural resources may increase 
slightly. However, visitor use associated with camping may decline 
slightly. We estimate that the overall change in recreation use-days 
would represent less than 1 percent of the average recreation use-days 
on the Refuge (1 million visitors annually).
    Small businesses within the retail trade industry (such as hotels, 
gas stations, etc.) (NAIC 44) and accommodation and food service 
establishments (NAIC 72), may be impacted by spending generated by 
Refuge visitation. Seventy-six percent of establishments in the Kenai 
Peninsula Borough qualify as small businesses. This statistic is 
similar for retail trade establishments (72 percent) and accommodation 
and food service establishments (65 percent). Due to the negligible 
change in average recreation days, this proposed rule would have a 
minimal effect on these small businesses.
    With the negligible change in overall visitation anticipated from 
this proposed rule, it is unlikely that a substantial number of small 
entities would have more than a small economic effect. Therefore, we 
certify that, if adopted, this rule would not have a significant 
economic effect on a substantial number of small entities as defined 
under the Regulatory Flexibility Act. An initial regulatory flexibility 
analysis is not required. Accordingly, a Small Entity Compliance Guide 
is not required.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
SBREFA. This rule:
    a. Would not have an annual effect on the economy of $100 million 
or more.
    b. Would not cause a major increase in costs or prices for 
consumers; individual industries; federal, State, or local government 
agencies; or geographic regions.
    c. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This proposed rule would not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The rule would not have a significant or unique 
effect on State, local, or tribal governments or on the private sector. 
A statement containing the information required by the Unfunded 
Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (Executive Order 12630)

    This proposed rule does not involve the taking of private property 
or otherwise have taking implications under Executive Order 12630. This 
proposed rule, if adopted, would affect the public use and management 
of Kenai NWR, which is managed by the Service in Alaska. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, this proposed rule does 
not have significant Federalism effects. A federalism summary impact 
statement is not required. This proposed rule, if adopted, would affect 
the public use and management of Kenai NWR, which is managed by the 
Service in Alaska, and would not have a substantial direct effect on 
State or local governments in Alaska.

Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. Specifically, this rule:
    a. Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    b. Meets the criteria of section 3(b) (2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994 
(Government-to-Government Relations with Native American Tribal 
Governments; 59 FR 22951), Executive Order 13175 (Consultation and 
Coordination with Indian Tribal Governments), and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis, and we are seeking their 
input to evaluate this proposed rule. In addition, we have evaluated 
this proposed rule under Alaska Native Claims Settlement Act (ANCSA) 
corporation policies. We are consulting with Alaska Native tribes and 
Alaska Native corporations regarding the proposed changes in this rule 
for Kenai NWR.

Paperwork Reduction Act

    This proposed rule does not contain any new collections of 
information that require approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.). The special use permit mentioned in this proposed rule (FWS Form 
3-1383-G) and the information collected on the registration form at 
entrance points are approved by OMB under OMB Control Numbers 1018-0102 
(expires June 30, 2017) and 1018-0153 (expires December 31, 2015). We 
may not conduct or sponsor and you are not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    The Service has analyzed this proposed rule in accordance with the 
criteria of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 
et seq.) and Department of the Interior policy in part 516 of the 
Departmental Manual (516 DM). We have determined that this proposed 
rule is considered a categorical exclusion under 516 DM 8.5(C)(3), 
which categorically excludes the ``issuance of special regulations for 
public use of Service-managed land, which maintain essentially the 
permitted level of use and do not continue a level of use that has 
resulted in adverse environmental impacts.'' This proposed rulemaking 
supports the Service's management direction identified through approved 
Refuge management plans, including the 2010 Kenai NWR Revised CCP and 
the 2007 Kenai NWR Skilak Wildlife Recreation Area Revised Final 
Management Plan.
    For the CCP, we prepared a draft revised CCP and a draft 
environmental impact statement (DEIS) under NEPA, and made them 
available for comment for public comment on May 8, 2008 (73 FR 26140). 
The public comment period on those draft documents began on May 8, 
2008, and ended on September 1, 2008. We then prepared our final 
revised CCP and final EIS, and made them available for public comment 
for 30 days, beginning August 27, 2009 (74 FR 43718). We announced the 
availability of the record of decision for the final revised CCP and 
final EIS on January 11, 2010 (75 FR 1404).
    We completed a draft management plan and draft environmental 
assessment (EA) under NEPA for the Skilak Wildlife Recreation Area 
Management Plan in October 2006. We distributed approximately 2,500 
copies to individuals, businesses, agencies, and

[[Page 29282]]

organizations that had expressed an interest in receiving Kenai NWR 
planning-related documents. We also announced the availability of these 
documents through radio stations, television stations, and newspapers 
on the Kenai Peninsula and in the city of Anchorage. An electronic 
version of the plan was made available on the Kenai NWR planning Web 
site, and a Skilak email address was created to facilitate public 
comment on the draft plan. Presentations were made to the Alaska Board 
of Game and the Friends of Alaska National Wildlife Refuges. The draft 
plan and draft environmental assessment (EA) were made available for 
public review and comment during a 30-day period ending November 17, 
2006. We signed a finding of no significant impact (FONSI) for the 
final revised management plan first on December 6, 2006, and then later 
(as corrected) on May 11, 2007.
    You can obtain copies of the CCP/EIS and the revised final 
management plan for the Skilak Wildlife Recreation Area either on the 
Federal eRulemaking Portal, http://www.regulations.gov, under Docket 
No. FWS-R7-NWRS-2014-0003, or by contacting Stephanie Brady (see FOR 
FURTHER INFORMATION CONTACT).

Energy Supply, Distribution, or Use (Executive Order 13211)

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking actions that significantly affect 
energy supply, distribution, or use. We believe that the rule would not 
have any effect on energy supplies, distribution, or use. Therefore, 
this action is not a significant energy action, and no Statement of 
Energy Effects is required.

Clarity of This Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section, above. 
To better help us revise the rule, your comments should be as specific 
as possible. For example, you should tell us the numbers of the 
sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

Primary Author

    Andy Loranger, Refuge Manager, Kenai NWR, is the primary author of 
this rulemaking document.

List of Subjects in 50 CFR Part 36

    Alaska, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Wildlife refuges.

Proposed Regulation Promulgation

    Accordingly, we propose to amend 50 CFR part 36 as set forth below:

PART 36--ALASKA NATIONAL WILDLIFE REFUGES

0
1. The authority citation for part 36 continues to read as follows:

    Authority: 16 U.S.C. 460(k) et seq., 668dd-668ee, 3101 et seq.

0
2. Amend Sec.  36.2 by adding, in alphabetical order, definitions for 
``Operate'' and ``Structure'' to read as follows:


Sec.  36.2  What do these terms mean?

* * * * *
    Operate means to manipulate the controls of any conveyance, such 
as, but not limited to, an aircraft, snow machine, motorboat, off-road 
vehicle, or any other motorized or non-motorized form of vehicular 
transport as to direct its travel, motion, or purpose.
* * * * *
    Structure means something temporarily or permanently constructed, 
built, or placed; and constructed of natural or manufactured parts 
including, but not limited to, a building, shed, cabin, porch, bridge, 
walkway, stair steps, sign, landing, platform, dock, rack, fence, 
telecommunication device, antennae, fish cleaning table, satellite 
dish/mount, or well head.
* * * * *
0
3. Amend Sec.  36.39 by revising paragraph (i) to read as follows:


Sec.  36.39  Public use.

* * * * *
    (i) Kenai National Wildlife Refuge. Maps of designated areas open 
to specific public use activities on the refuge are available from 
Refuge Headquarters at the following address: 1 Ski Hill Road, 
Soldotna, AK.
    (1) Aircraft. Except in an emergency, the operation of aircraft on 
the Kenai National Wildlife Refuge is authorized only in designated 
areas, as described in this paragraph (i)(1).
    (i) We allow the operation of airplanes within the Kenai Wilderness 
on the following designated lakes, and under the restrictions noted:
    (A) Dave Spencer (Canoe Lakes) Unit:

Bedlam Lake
Bird Lake
Cook Lake
Grouse Lake
King Lake
Mull Lake
Nekutak Lake
Norak Lake
Sandpiper Lake
Scenic Lake
Shoepac Lake
Snowshoe Lake
Taiga Lake
Tangerra Lake
Vogel Lake
Wilderness Lake
Pepper, Gene, and Swanson lakes are open to operation of airplanes only 
to provide access for ice fishing.
(B) Andrew Simons Unit:

Emerald Lake
Green Lake
Harvey Lake
High Lake
Iceberg Lake
Kolomin Lakes
Lower Russian Lake
Martin Lake
Pothole Lake
Twin Lakes
Upper Russian Lake
Windy Lake
Dinglestadt Glacier terminus lake
Wosnesenski Glacier terminus lake
    Tustumena Lake and all lakes within the Kenai Wilderness within 1 
mile of the shoreline of Tustumena Lake.
    All unnamed lakes in sections 1 and 2, T. 1 S., R. 10 W., and 
sections 4, 5, 8, and 9, T. 1 S., R. 9 W., Seward Meridian.
    An unnamed lake in sections 28 and 29, T. 2 N., R. 4 W., Seward 
Meridian: The Refuge Manager may issue a special use permit (FWS Form 
3-1383-G) for the operation of airplanes on this lake to successful 
applicants for certain State of Alaska, limited-entry, drawing permit 
hunts. Successful applicants should contact the Refuge Manager to 
request information.
    (C) Mystery Creek Unit:
    An unnamed lake in section 11, T. 6 N., R. 5 W., Seward Meridian.
    (ii) We allow the operation of airplanes on all lakes outside of 
the Kenai Wilderness, except that we prohibit aircraft operation on:
    (A) The following lakes with recreational developments, including, 
but not limited to, campgrounds, campsites, and public hiking trails 
connected to road waysides, north of the Sterling Highway:


[[Page 29283]]


Afonasi Lake
Anertz Lake
Breeze Lake
Cashka Lake
Dabbler Lake
Dolly Varden Lake
Forest Lake
Imeri Lake
Lili Lake
Mosquito Lake
Nest Lake
Rainbow Lake
Silver Lake
Upper Jean Lake
Watson Lake
Weed Lake
    (B) All lakes within the Skilak Wildlife Recreation Area (south of 
Sterling Highway and north of Skilak Lake), except for Bottenintnin 
Lake (open to airplanes year-round) and Hidden Lake (open to airplanes 
only to provide access for ice fishing).
    (C) Headquarters Lake (south of Soldotna), except for 
administrative purposes. You must request permission from the Refuge 
Manager.
    (iii) Notwithstanding any other provisions of this part, we 
prohibit the operation of aircraft from May 1 through September 10 on 
any lake where nesting trumpeter swans or their broods or both are 
present.
    (iv) We prohibit the operation of wheeled airplanes, with the 
following exceptions:
    (A) We allow the operation of wheeled airplanes, at the pilot's 
risk, on the unmaintained Big Indian Creek Airstrip; on gravel areas 
within \1/2\ mile of Wosnesenski Glacier terminus lake; and within the 
SE1/4, section 16 and SW1/4, section 15, T. 4 S., R. 8 W., Seward 
Meridian.
    (B) We allow the operation of wheeled airplanes, at the pilot's 
risk, within designated areas of the Chickaloon River Flats.
    (v) We allow the operation of airplanes on the Kasilof River, on 
the Chickaloon River (from the outlet to mile 6.5), and on the Kenai 
River below Skilak Lake (from June 15 through March 14). We prohibit 
aircraft operation on all other rivers on the refuge.
    (vi) We prohibit the operation of unlicensed aircraft anywhere on 
the refuge except as authorized under terms and conditions of a special 
use permit (FWS Form 3-1383-G) issued by the Refuge Manager.
    (vii) We prohibit air dropping any items within the Kenai 
Wilderness except as authorized under terms and conditions of a special 
use permit (FWS Form 3-1383-G) issued by the Refuge Manager.
    (2) Motorboats.
    (i) We allow motorboat operation on all waters of the refuge, 
except that:
    (A) We prohibit motorboat operation within the Dave Spencer (Canoe 
Lakes) Unit of the Kenai Wilderness, including those portions of the 
Moose and Swanson rivers within this Unit, except that we allow 
motorboat operation on those lakes designated for airplane operations 
as provided in paragraph (i)(1) and shown on a map available from 
Refuge Headquarters.
    (B) We prohibit motorboat operation on the Kenai River from the 
eastern refuge boundary near Sportsmans Landing and the confluence of 
the Russian River downstream to Skilak Lake. You may have a motor 
attached to your boat and drift or row through this section, provided 
the motor is not operating.
    (C) We prohibit motorboat operation on the Kenai River from the 
outlet of Skilak Lake (river mile 50) downstream for approximately 3 
miles (river mile 47) between March 15 and June 14, inclusive. You may 
have a motor attached to your boat and drift or row through this 
section, provided the motor is not operating.
    (D) We prohibit the operation of motors with a total propshaft 
horsepower rating greater than 10 horsepower on the Moose, Swanson, 
Funny, Chickaloon (upstream of river mile 7.5), Killey, and Fox rivers.
    (E) On the Kenai River downstream of Skilak Lake (river mile 50) to 
the refuge boundary (river mile 45.5), we restrict motorboat operation 
to only those motorboats with 4-stroke or direct fuel injection motors 
with a total propshaft horsepower rating of 50 horsepower or less, and 
that are up to 21 feet in length and up to 106 inches in width. On 
Skilak Lake, we restrict motorboat operation to only those motorboats 
with 4-stroke or direct fuel injection motors.
    (F) A ``no wake'' restriction applies to the entire water body of 
Engineer, Upper and Lower Ohmer, Bottenintnin, Upper and Lower Jean, 
Kelly, Petersen, Watson, Imeri, Afonasi, Dolly Varden, and Rainbow 
lakes. We prohibit the operation of motors with a total propshaft 
horsepower rating of great than 10 horsepower on each of these lakes.
    (ii) Notwithstanding any other provisions of these regulations, we 
prohibit the operation of motorboats from May 1 through September 10 on 
any lake where nesting trumpeter swans or their broods or both are 
present.
    (3) Off-road vehicles.
    (i) We prohibit the operation of all off-road vehicles, as defined 
at 50 CFR 36.2, except that four-wheel drive, licensed, and registered 
motor vehicles designed and legal for highway use may operate on 
designated roads, rights-of-way, and parking areas open to public 
vehicular access. This prohibition applies to off-road vehicle 
operation on lake and river ice. At the operator's risk, we allow 
licensed and registered motor vehicles designed and legal for highway 
use on Hidden, Engineer, Kelly, Petersen, and Watson lakes only to 
provide access for ice fishing. You must enter and exit the lakes via 
existing boat ramps.
    (ii) We prohibit the operation of air cushion watercraft, air-
thrust boats, jet skis and other personal watercraft, and all other 
motorized watercraft except motorboats.
    (iii) The Refuge Manager may issue a special use permit (FWS Form 
3-1383-G) for the operation of specialized off-road vehicles and 
watercraft for certain administrative activities (to include fish and 
wildlife-related monitoring, vegetation management, and infrastructure 
maintenance in permitted rights-of-way).
    (4) Snowmobiles. We allow the operation of snowmobiles only in 
designated areas and only under the following conditions:
    (i) We allow the operation of snowmobiles from December 1 through 
April 30 only when the Refuge Manager determines that there is adequate 
snow cover to protect underlying vegetation and soils. During this 
time, the Refuge Manager will authorize, through public notice (a 
combination of any or all of the following: Internet, newspaper, radio, 
and/or signs), the use of snowmobiles less than 48 inches in width and 
less than 1,000 pounds (450 kg) in weight.
    (ii) We prohibit snowmobile operation:
    (A) In all areas above timberline, except the Caribou Hills.
    (B) In an area within sections 5, 6, 7, and 8, T. 4 N., R. 10 W., 
Seward Meridian, east of the Sterling Highway right-of-way, including 
the Refuge Headquarters complex, the environmental education/cross-
country ski trails, Headquarters and Nordic lakes, and the area north 
of the east fork of Slikok Creek and northwest of a prominent seismic 
trail to Funny River Road.
    (C) In an area including the Swanson River Canoe Route and 
portages, beginning at the Paddle Lake parking area, then west and 
north along the Canoe Lakes wilderness boundary to the Swanson River, 
continuing northeast along the river to Wild Lake Creek, then east to 
the west shore of Shoepac Lake, south to the east shore of Antler Lake, 
and west to the beginning point near Paddle Lake.

[[Page 29284]]

    (D) In an area including the Swan Lake Canoe Route and several 
road-connected public recreational lakes, bounded on the west by the 
Swanson River Road, on the north by the Swan Lake Road, on the east by 
a line from the east end of Swan Lake Road south to the west bank of 
the Moose River, and on the south by the refuge boundary.
    (E) In the Skilak Wildlife Recreation Area, except on Hidden, 
Kelly, Petersen, and Engineer lakes only to provide access for ice 
fishing. You must enter and exit these lakes via the existing boat 
ramps and operate exclusively on the lakes. Within the Skilak Wildlife 
Recreation Area, only Upper and Lower Skilak Lake campground boat 
launches may be used as access points for snowmobile use on Skilak 
Lake.
    (F) On maintained roads within the refuge. Snowmobiles may cross a 
maintained road after stopping.
    (G) For racing, or to herd, harass, haze, pursue, or drive 
wildlife.
    (5) Hunting and trapping. We allow hunting and trapping on the 
refuge in accordance with State and Federal laws and consistent with 
the following provisions:
    (i) You may not discharge a firearm within \1/4\ mile of designated 
public campgrounds, trailheads, waysides, buildings including public 
use cabins, or the Sterling Highway from the east Refuge boundary to 
the east junction of the Skilak Loop Road. You may not discharge a 
firearm within \1/4\ mile of the west shoreline of the Russian River 
from the upstream extent of the Russian River Falls downstream to its 
confluence with the Kenai River, and from the shorelines of the Kenai 
River from the east refuge boundary downstream to Skilak Lake and from 
the outlet of Skilak Lake downstream to the refuge boundary, except 
that firearms may be used in these areas to dispatch animals while 
lawfully trapping and shotguns may be used for waterfowl and small game 
hunting along the Kenai River.
    (ii) We prohibit hunting over bait, with the exception of hunting 
for black bear, and then only as authorized under the terms and 
conditions of a special use permit (FWS Form 3-1383-G) issued by the 
Refuge Manager.
    (iii) We prohibit hunting big game with the aid or use of a dog, 
with the exception of hunting for black bear, and then only as 
authorized under the terms and conditions of a special use permit (FWS 
Form 3-1383-G) issued by the Refuge Manager.
    (iv) We prohibit hunting and trapping within sections 5, 6, 7, and 
8, T. 4 N., R. 10 W., Seward Meridian, encompassing the Kenai Refuge 
Headquarters, Environmental Education Center, Visitor Center Complex, 
and associated public use trails. A map of closure areas is available 
at Refuge Headquarters.
    (v) The additional provisions for hunting and trapping within the 
Skilak Wildlife Recreation Area are set forth in paragraph (i)(6).
    (6) Hunting and trapping within the Skilak Wildlife Recreation 
Area.
    (i) The Skilak Wildlife Recreation Area is bound by a line 
beginning at the easternmost junction of the Sterling Highway and the 
Skilak Loop Road (Mile 58), then due south to the south bank of the 
Kenai River, then southerly along the south bank of the Kenai River to 
its confluence with Skilak Lake, then westerly along the north shore of 
Skilak Lake to Lower Skilak Campground, then northerly along the Lower 
Skilak campground road and the Skilak Loop Road to its westernmost 
junction with the Sterling Highway (Mile 75.1), then easterly along the 
Sterling Highway to the point of origin.
    (ii) The Skilak Wildlife Recreation Area (Skilak Loop Management 
Area) is closed to hunting and trapping, except as provided in 
paragraphs (i)(6)(iii) and (i)(6)(iv).
    (iii) You may hunt moose only with a permit issued by the Alaska 
Department of Fish and Game and in accordance with the provisions set 
forth in paragraph (i)(5).
    (iv) You may hunt small game in accordance with the provisions set 
forth in paragraph (i)(5) and:
    (A) Using falconry and bow and arrow only from October 1 through 
March 1; or
    (B) If you are a youth hunter 16 years old or younger, who is 
accompanied by a licensed hunter 18 years old or older who has 
successfully completed a certified hunter education course (if the 
youth hunter has not), or by someone born on or before January 1, 1986. 
Youth hunters must use standard .22 rimfire or shotgun, and may hunt 
only in that portion of the area west of a line from the access road 
from the Sterling Highway to Kelly Lake, the Seven Lakes Trail, and the 
access road from Engineer Lake to Skilak Lake Road, and north of the 
Skilak Lake Road. The youth hunt occurs during each weekend from 
November 1 to December 31, including the Friday following Thanksgiving. 
State of Alaska bag limit regulations apply.
    (7) Fishing. We allow fishing on the refuge in accordance with 
State and Federal laws, and consistent with the following provisions:
    (i) We prohibit fishing from June 1 through August 15 during the 
hours of the Russian River Ferry operation along the south bank of the 
Kenai River from a point 100 feet upstream to a point 100 feet 
downstream of the ferry dock.
    (ii) Designated areas along the Kenai River at the two Moose Range 
Meadows public fishing facilities along Keystone Drive are closed to 
public access and use. At these facilities, we allow fishing only from 
the fishing platforms and by wading in the Kenai River. To access the 
river, you must enter and exit from the stairways attached to the 
fishing platforms. We prohibit fishing from, walking or placing 
belongings on, or otherwise occupying designated areas along the river 
in these areas.
    (8) Public use cabin and camping area management. We allow camping 
and use of public use cabins on the refuge in accordance with the 
following conditions:
    (i) Unless otherwise further restricted, camping may not exceed 14 
days in any 30-day period anywhere on the refuge.
    (ii) Campers may not spend more than 7 consecutive days at Hidden 
Lake Campground or in public use cabins.
    (iii) The Refuge Manager may establish a fee and registration 
permit system for overnight camping at designated campgrounds and 
public use cabins. At all of the refuge's fee-based campgrounds and 
public use cabins, you must pay the fee in full prior to occupancy. No 
person may attempt to reserve a refuge campsite by placing a placard, 
sign, or any item of personal property on a campsite. Reservations and 
a cabin permit are required for public use cabins, with the exception 
of the Emma Lake and Trapper Joe cabins, which are available on a 
first-come, first-served basis. Information on the refuge's public use 
cabin program is available from Refuge Headquarters and online at 
http://www.recreation.gov.
    (iv) Campers in developed campgrounds and public use cabins must 
follow all posted campground and cabin occupancy rules.
    (v) You must observe quiet hours from 11:00 p.m. until 7:00 a.m. in 
all developed campgrounds, parking areas, and public use cabins.
    (vi) Within developed campgrounds, we allow camping only in 
designated sites.
    (vii) Campfires.
    (A) Within developed campgrounds, we allow open fires only in 
portable, self-contained, metal fire grills, or in the permanent fire 
grates provided. We prohibit moving a permanent fire grill or grate to 
a new location.
    (B) Campers and occupants of public use cabins may cut only dead 
and down vegetation for campfire use.

[[Page 29285]]

    (C) You must completely extinguish (put out cold) all campfires 
before permanently leaving a campsite.
    (viii) While occupying designated campgrounds, parking areas, or 
public use cabins, all food (including lawfully retained fish, 
wildlife, or their parts), beverages, personal hygiene items, odiferous 
refuse, or any other item that may attract bears or other wildlife, and 
all equipment used to transport, store, or cook these items (such as 
coolers, backpacks, camp stoves, and grills) must be:
    (A) Locked in a hard-sided vehicle, camper, or camp trailer; in a 
cabin; or in a commercially produced and certified bear-resistant 
container; or
    (B) Immediately accessible to at least one person who is outside 
and attending to the items.
    (ix) We prohibit deposition of solid human waste within 100 feet of 
annual mean high water level of any wetland, lake, pond, spring, river, 
stream, campsite, or trail. In the Swan Lake and Swanson River Canoe 
Systems, you must bury solid human waste to a depth of 6 to 8 inches.
    (x) We prohibit tent camping within 600 feet of each public use 
cabin, except by members and guests of the party registered to that 
cabin.
    (xi) Within 100 yards of the Kenai River banks along the Upper 
Kenai River from river mile 73 to its confluence with Skilak Lake 
(river mile 65), and along the Middle Kenai River downstream of Skilak 
Lake (river mile 50 to river mile 45.5), we allow camping only at 
designated primitive campsites. Campers can spend no more than 3 
consecutive nights at the designated primitive campsites.
    (xii) We prohibit camping in the following areas of the refuge:
    (A) Within \1/4\ mile of the Sterling Highway, Ski Hill, or Skilak 
Loop roads, except in designated campgrounds.
    (B) On the two islands in the lower Kenai River between mile 25.1 
and mile 28.1 adjacent to the Moose Range Meadows Subdivision.
    (C) At the two refuge public fishing facilities and the boat 
launching facility along Keystone Drive within the Moose Range Meadows 
Subdivision, including within parking areas, and on trails, fishing 
platforms, and associated refuge lands.
    (9) Other uses and activities.
    (i) Must I register to canoe on the refuge? Canoeists on the 
Swanson River and Swan Lake Canoe Routes must register at entrance 
points using the registration forms provided. The maximum group size on 
the Canoe Routes is 15 people.
    (ii) May I use motorized equipment within designated Wilderness 
areas on the refuge? Within the Kenai Wilderness, except as provided in 
this paragraph (i), we prohibit the use of motorized equipment, 
including, but not limited to, chainsaws; generators; power tools; 
powered ice augers; and electric, gas, or diesel power units. We allow 
the use of motorized wheelchairs, when used by those whose disabilities 
require wheelchairs for locomotion. We allow the use of snowmobiles, 
airplanes, and motorboats in designated areas in accordance with the 
regulations in this paragraph (i).
    (iii) May I use non-motorized wheeled vehicles on the refuge? Yes, 
you may use bicycles and other non-motorized wheeled vehicles, but only 
on refuge roads and rights-of-way designated for public vehicular 
access. In addition, you may use non-motorized, hand-operated, wheeled 
game carts, specifically manufactured for such purpose, to transport 
meat of legally harvested big game on designated industrial roads 
closed to public vehicular access. Information on these designated 
roads is available from Refuge Headquarters. Further, you may use a 
wheelchair if you have a disability that requires its use for 
locomotion.
    (iv) May I ride or use horses, mules, or other domestic animals as 
packstock on the refuge? Yes, as authorized under State law, except on 
the Fuller Lake Trail and on all trails within the Skilak Wildlife 
Recreation Area and the Refuge Headquarters area. All animals used as 
packstock must remain in the immediate control of the owner, or his/her 
designee. All hay and feed used on the refuge for domestic stock and 
sled dogs must be certified under the State of Alaska's Weed Free 
Forage certification program.
    (v) Are pets allowed on the refuge? Yes, pets are allowed, but you 
must be in control of your pet(s) at all times. Pets in developed 
campgrounds and parking lots must be on a leash that is no longer than 
6 feet in length. Pets are not allowed on hiking and ski trails in the 
Refuge Headquarters area.
    (vi) May I cut firewood on the refuge? The Refuge Manager may open 
designated areas of the refuge for firewood cutting. You may cut and/or 
remove firewood only for personal, noncommercial use, and only as 
authorized under the terms and conditions of a special use permit (FWS 
Form 3-1383-G) issued by the Refuge Manager.
    (vii) May I cut Christmas trees on the refuge? You may cut one 
spruce tree per household per year no larger than 20 feet in height 
from Thanksgiving through Christmas Day. Trees may be taken anywhere on 
the refuge, except that we prohibit taking trees from within the 2-
square-mile Refuge Headquarters area on Ski Hill Road. Trees must be 
harvested with hand tools, and must be at least 150 feet from roads, 
trails, campgrounds, picnic areas, and waterways (lakes, rivers, 
streams, or ponds). Stumps from harvested trees must be trimmed to less 
than 6 inches in height.
    (viii) May I pick berries and other edible plants on the refuge? 
You may pick and possess unlimited quantities of berries, mushrooms, 
and other edible plants for personal, noncommercial use.
    (ix) May I collect shed antlers on the refuge? You may collect and 
keep up to eight (8) naturally shed moose and/or caribou antlers 
annually for personal, noncommercial use. You may collect no more than 
two (2) shed antlers per day.
    (x) May I leave personal property on the refuge? You may not leave 
personal property unattended longer than 72 hours unless in a 
designated area or as authorized under the terms and conditions of a 
special use permit (FWS Form 3-1383-G) issued by the Refuge Manager. 
However, refuge visitors involved in approved, extended overnight 
activities, including hunting, fishing, and camping, may leave personal 
property unattended during their continuous stay, but in no case longer 
than 14 days.
    (xi) If I find research marking devices, what do I do? You must 
return any radio transmitter collars, neck and leg bands, ear tags, or 
other fish and wildlife marking devices found or recovered from fish 
and wildlife on the refuge within 5 days of leaving the refuge to the 
Refuge Manager or the Alaska Department of Fish and Game.
    (xii) Are there special regulations for alcoholic beverages? In 
addition to the provisions of 50 CFR 27.81, anyone under the age of 21 
years may not knowingly consume, possess, or control alcoholic 
beverages on the refuge in violation of State of Alaska law or 
regulations.
    (xiii) Are there special regulations for public gatherings on the 
refuge? In addition to the provisions of 50 CFR 26.36, a special use 
permit (FWS Form 3-1383-G) is required for any outdoor public gathering 
of more than 20 persons.
    (10) Areas of the refuge closed to public use.
    (i) From March 15 through September 30, you may not approach within 
100 yards of, or walk on or otherwise occupy, the rock outcrop islands 
in Skilak Lake traditionally used by nesting cormorants and gulls. A 
map

[[Page 29286]]

depicting the closure is available from the Refuge Headquarters.
    (ii) Headquarters Lake, adjacent to the Kenai Refuge Headquarters 
area, is closed to boating.
    (11) Area-specific regulations for the Russian River Special 
Management Area. The Russian River Special Management Area includes all 
refuge lands and waters within \1/4\ mile of the eastern refuge 
boundary along the Russian River from the upstream end of the fish 
ladder at Russian River Falls downstream to the confluence with the 
Kenai River, and within \1/4\ mile of the Kenai River from the eastern 
refuge boundary downstream to the upstream side of the powerline 
crossing at river mile 73, and areas managed by the refuge under 
memorandum of understanding or lease agreement at the Sportsman Landing 
facility. In the Russian River Special Management Area:
    (i) While recreating on or along the Russian and Kenai rivers, you 
must closely attend or acceptably store all attractants, and all 
equipment used to transport attractants (such as backpacks and coolers) 
at all times. Attractants are any substance, natural or manmade, 
including but not limited to, items of food, beverage, personal 
hygiene, or odiferous refuse that may draw, entice, or otherwise cause 
a bear or other wildlife to approach. Closely attend means to retain on 
the person or within the person's immediate control and in no case more 
than 3 feet from the person. Acceptably store means to lock within a 
commercially produced and certified bear-resistant container.
    (ii) While recreating on or along the Russian and Kenai rivers, you 
must closely attend or acceptably store all lawfully retained fish at 
all times. Closely attend means to keep within view of the person and 
be near enough for the person to quickly retrieve, and in no case more 
than 12 feet from the person. Acceptably store means to lock within a 
commercially produced and certified bear-resistant container.
    (iii) We prohibit overnight camping except in designated camping 
facilities at the Russian River Ferry and Sportsman's Landing parking 
areas. Campers may not spend more than 2 consecutive days at these 
designated camping facilities.
    (iv) You may start or maintain a fire only in designated camping 
facilities at the Russian River Ferry and Sportsman's Landing parking 
areas, and then only in portable, self-contained, metal fire grills, or 
in the permanent fire grates provided. We prohibit moving a permanent 
fire grill or grate to a new location. You must completely extinguish 
(put out cold) all campfires before permanently leaving your campsite.
    (12) Area-specific regulations for the Moose Range Meadows 
Subdivision Non-Development and Public Use Easements.
    (i) Where the refuge administers two variable width, non-
development easements held by the United States and overlaying private 
lands within the Moose Range Meadows Subdivision on either shore of the 
Kenai River between river miles 25.1 and 28.1, you may not erect any 
building or structure of any kind; remove or disturb gravel, topsoil, 
peat, or organic material; remove or disturb any tree, shrub, or plant 
material of any kind; start a fire; or use a motorized vehicle of any 
kind (except a wheelchair occupied by a person with a disability), 
unless such use is authorized under the terms and conditions of a 
special use permit (FWS Form 3-1383-G) issued by the Refuge Manager.
    (ii) Where the refuge administers two 25-foot-wide public use 
easements held by the United States and overlaying private lands within 
the Moose Range Meadows Subdivision on either shore of the Kenai River 
between river miles 25.1 and 28.1, we allow public entry subject to 
applicable Federal regulations and the following provisions:
    (A) You may walk upon or along, fish from, or launch or beach a 
boat upon an area 25 feet upland of ordinary high water, provided that 
no vehicles (except wheelchairs) are used. We prohibit non-emergency 
camping, structure construction, and brush or tree cutting within the 
easements.
    (B) From July 1 to August 15, you may not use or access any portion 
of the 25-foot-wide public easements or the three designated public 
easement trails located parallel to the Homer Electric Association 
Right-of-Way from Funny River Road and Keystone Drive to the downstream 
limits of the public use easements. Maps depicting the seasonal closure 
are available from Refuge Headquarters.
    (13) Area-specific regulations for Alaska Native Claims Settlement 
Act Section 17(b) Easements. Where the refuge administers Alaska Native 
Claims Settlement Act Section 17(b) easements to provide access to 
refuge lands, no person may block, alter, or destroy any section of the 
road, trail, or undeveloped easement, unless such use is authorized 
under the terms and conditions of a special use permit (FWS Form 3-
1383-G) issued by the Refuge Manager. No person may interfere with 
lawful use of the easement or create a public safety hazard on the 
easement. Section 17(b) easements are depicted on a map available from 
Refuge Headquarters.
* * * * *

    Dated: May 5, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-12099 Filed 5-20-15; 8:45 am]
 BILLING CODE 4310-55-P