Regulations for the Administration of Special Use Permits on National Wildlife Refuges in Alaska

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 36

Regulations for the Administration of Special Use Permits on

National Wildlife Refuges in Alaska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Advance notice of proposed rulemaking and request for comments.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice to

the public that it will be developing regulations that will clarify,

update, and add to existing regulations for the administration of

special use permits (permits) on national wildlife refuges (refuges) in

Alaska. These changes will include but not be limited to: Permit

application, denial, and appeal procedures; permit fees; and the

process for issuing permits where a competitive selection process is

used to select the permit holder (e.g., big game guide-outfitters).

DATES: Comments must be received on or before July 5, 1994.

ADDRESSES: Comments should be addressed to: U.S. Fish and Wildlife

Service, Regional Director, Attention: Daryle R. Lons, 1011 E. Tudor

Road, Anchorage, Alaska 99503.

FOR FURTHER INFORMATION CONTACT: Daryle R. Lons at the above address;

telephone 907-786-3361.

SUPPLEMENTARY INFORMATION: The Alaska National Interest Lands

Conservation Act of 1980 (ANILCA) (43 U.S.C. 1602-1784), the National

Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-

668ee), and the Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4)

authorize the Secretary of the Interior to prescribe regulations as

necessary to administer permits for compatible activities on refuges in

Alaska.

The current regulations governing issuance of permits on refuge

units in Alaska, codified at 50 CFR 36.41, were originally published in

the Federal Register at 46 FR 40192 on August 7, 1981, and later

amended at 51 FR 44794 on December 12, 1986. Since that time, the

permit administration program on refuges in Alaska has continued to

evolve. The purpose of the proposed regulations is to provide up-to-

date guidance to both commercial users and Service employees for the

administration of permits in Alaska. Prior to promulgating these

revised regulations, the Service will be reviewing its existing permit

administration program and will be proposing revisions based on over 12

years of experience with the program and the implementation of ANILCA.

The evolution of the program for administering permits has been

influenced by a number of factors since the original regulations were

promulgated. One factor has been the increased public awareness and

understanding of the need for securing permits prior to engaging in

many activities on refuges in Alaska.

Another factor is the November 1984 Inspector General's Audit

Report that found that the Service was not collecting fees which were

commensurate with the value of the commercial activities authorized.

This audit resulted in the Service developing a fee schedule based on

client use days instead of charging a fixed $100 administrative fee for

all permits regardless of the scope of income generated by the

commercial permittee.

Another event causing a significant impact on refuge permit

administration in Alaska was the decision of the Alaska Supreme Court

in Owsichek v. State Guide Licensing and Control Board, 763 P.2d 488

(Alaska, 1988). That ruling found the State's system of assigning

exclusive guide areas unconstitutional. Prior to this ruling, the

Service had depended upon the State's system for selecting and

assigning guides to areas which were located within refuge lands. In an

attempt to allow the State an opportunity to develop a constitutionally

acceptable system, and one which would satisfy Service needs, the

Service imposed a moratorium on the issuance of permits to new guide

applicants. This effectively limited the availability of permits to

those who were guiding at the time of the 1988 court ruling.

After some time, the Service decided to develop its own interim

program in order to provide an equal opportunity for all registered big

game guide-outfitters to compete for permits. During late 1991 and

early 1992, the Service proposed an interim system to select big game

guide-outfitters. After soliciting public comment on the system, and

making revisions based on substantive comments, an interim program was

implemented in June 1992. Requests for proposals were then solicited

and applicants were notified of selections in January 1993. Successful

applicants were awarded 5-year permits effective July 1, 1993.

It now appears that the State may not be able to implement a

satisfactory system for the selection of guide-outfitters prior to the

expiration of the 5-year permits the Service issued in 1993.

Accordingly, the Service proposes to initiate development of

regulations related to the big game guide-outfitter program and include

them in the revised regulations pertaining to the general

administration of permits in Alaska (50 CFR 36.41).

The Service has identified several issues at this preliminary stage

for which it invites public comment:

(1) Is the existing 180 day period allowed for filing appeals of

adverse decisions on permits appropriate in this instance? Should a

separate appeal system be developed which speaks directly to big game

guide-outfitters?

(2) To what extent should the existing interim system for selecting

big game guide-outfitters be made part of the regulations?

(3) If the State develops a selection system that meets Service

requirements, should provision be made for the suspension of the

Service permit selection system?

Comments on the foregoing issues, as well as other related aspects

of this process, are encouraged. The Service will follow this comment

period with the publication of a proposed rule which will allow, also,

for additional comments prior to publication of a final rule.

Dated: April 1, 1994.

Mollie H. Beattie,

Director.

[FR Doc. 94-10517 Filed 5-3-94; 8:45 am]

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