Establishment of Visitor Restrictions for Designated Recreation Sites, Special Recreation Management Areas, and Other Public Land in the Roswell District, NM

DEPARTMENT OF THE INTERIOR

[NM-931-05-1210-00 (603)]

Establishment of Visitor Restrictions for Designated Recreation

Sites, Special Recreation Management Areas, and Other Public Land in

the Roswell District, NM

AGENCY: Bureau of Land Management (BLM), Interior.

ACTION: Proposed visitor restrictions; request for comment.

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SUMMARY: The proposed restrictions are necessary for the management of

actions, activities, and use on public lands, including those which are

acquired or conveyed to the BLM. The making of Rules of Conduct is

provided for under Title 43 CFR Subpart 8365. These proposed

regulations establish rules of conduct for the protection of persons,

property, and public land resources. As a visitor to public lands, the

user is required to follow certain restrictions designed to protect the

lands and the natural environment, to ensure the health and safety of

visitors, and to promote a pleasant and rewarding outdoor experience.

This notice supersedes previous notices published in the Federal

Register on January 22, 1991, (Vol. 56, No. 14), and correction to

supplemental Rules No. 2. February 1, 1991, Vol. 56, No. 28,

establishing Supplementary Rules for Designated Recreation Sites;

Special Recreation Management Areas and Other Public Lands in New

Mexico.

More specifically, the purpose falls into the following categories:

Implementation of Management Plans--certain prohibited

activities have been recommended as Restrictions for designated

recreation sites and Special Recreation Management Areas (SRMA's). In

order to implement these recommendations, they must be published as

specific prohibited acts in the Federal Register. Use of Rules of

Conduct Section of 43 CFR, Subpart 8365, is the most appropriate way of

implementation. Rationale for these recommendations is presented in its

entirety in the Carlsbad Resource Management Plan, the Roswell

Management Framework Plan or recreation management plan for the

specific areas.

Mitigation of User Conflict--Certain other visitor

restrictions are recommended because of specific user conflict

problems. Prohibiting the reservation of camping space in developing

campgrounds will allow such space to be available on a first-come-

first-served basis. This will prevent people from monopolizing the use

of limited developed camping space. Prohibition of motorized vehicle

free-play (operation of any 2-, 3-, or 4-wheel motor vehicle for

purposes other than accessing a campsite) is recommended to minimize

the noise and nuisance factors that such activities represent in

developed recreation sites.

Public Health and Safety--The erection and maintenance of

unauthorized toilet facilities or other containers for human waste on

the public land could represent a major threat to public safety and

health. Toilet structures may be permitted by the authorized officer on

a case-by-case basis and only when appropriate State [[Page 4634]] and

local permits have been obtained. it should be noted that shooting

restrictions recommended do not prohibit legitimate hunting activities

except within \1/2\ mile of developed sites. Recreational shooters will

be encouraged to use public land where such shooting restrictions do

not apply and this use does not significantly conflict with other uses.

Complementary Rules--Some restrictions, such as parking or

camping near water sources, are recommended to complement those of

State and local agencies. Because these restrictions provide for the

protection of persons and resources in the interest and spirit of

cooperation with the responsible agencies, these restrictions are

deemed necessary.

Definitions

As used in these visitor restrictions, the term:

--An SRMA means an area where special or more intensive types of

resource and user management are needed.

--A developed recreation site and area means sites and areas that

contain structures or capital improvements primarily used for

recreation purposes by the public. Development may vary from limited

development for protection of the resources and the safety of users to

a distinctly defined site to which developed facilities that meet the

Land and Water Conservation Fund Act of 1965 (as amended) criteria for

a fee collection site are provided for concentrated public recreation

use.

--Public lands means any lands, interest in lands, or related waters

owned by the United States and administered by the BLM. Related waters

are waters which lie directly over or adjacent to public lands and

which require management to protect Federally administered resources or

to provide for enhanced visitor safety and other recreation

experiences.

--Camping means the erecting of a tent or shelter of natural or

synthetic material, preparing a sleeping bag or other bedding material

for use, or the parking of a motor vehicle, motor home, or trailer for

the apparent purpose of overnight occupancy. Occupying a developed camp

site or an approved location within developed recreation areas and

sites during the established night period of 10:00 p.m. to 6:00 a.m.

will be considered overnight camping for fee collection and enforcement

purposes.

--Campfire means a controlled fire occurring outdoors for cooking,

branding, personal warmth, lighting, ceremonial, or aesthetic purposes.

--Abandonment means the voluntary relinquishment of control of property

for longer than a period specified with no intent to retain possession.

--Administrative activities means those activities conducted under the

authority of the BLM for the purpose of safeguarding persons or

property, implementing management plans and policies developed in

accordance and consistent with regulations or repairing or maintaining

facilities.

--Pet means a dog, cat, or any domesticated companion animal.

--Occupancy means the taking or holding possession of a camp site,

other location, or residence on public land.

--Vehicle means any motorized or mechanized device, including bicycles,

hang gliders, ultra lights, and hot air balloons which is propelled or

pulled by any living or other energy source, and capable of travel by

any means over ground, water, or air.

--Authorized Officer means any employee of the BLM who has been

delegated the authority to perform under Title 43.

--Stove fire means a fire built inside an enclosed stove or grill, a

portable brazier, or a pressurized liquid or gas stove, including

spaceheating devices.

--Weapon means a firearm, compressed gas or spring-powered pistol or

rifle, bow and arrow, crossbow, blowgun, speargun, slingshot, irritant

gas device, explosive device, or any other implement designed to

discharge missiles or projectiles; hand-thrown spear, edged weapons,

nun-chucks, clubs, billy-clubs, and any device modified for use or

designated for use as a striking instrument; and includes any weapon

the possession of which is prohibited under New Mexico law.

--Historic or prehistoric structure or ruin site means any location at

least 50 years old which meets the standards for inclusion on the

National Register of Historic Places as defined in 36 CFR 60.4, without

regard to whether the site has been nominated or accepted.

Visitor Restrictions--ALL PUBLIC LANDS: In addition to regulations

contained in 43 CFR 8365.1, the following visitor restrictions apply to

all public lands, including those lands acquired or conveyed to the

BLM, and related waters. The following are prohibited unless authorized

by written permit:

Sanitation

To construct or maintain any pit toilet facility.

The dumping or disposal of sewage or sewage treatment

chemicals from self-contained or containerized toilets, except at

facilities provided for that purpose.

To shower or bathe at any improved or developed water

source, outdoor hydrant pump, faucet or fountain, or restroom water

faucet unless such water source is designated for that purpose.

Occupancy and Use

To camp or occupy any site on public lands or any approved

location, including those in developed recreation areas and sites or

SRMA's, for a period longer than 14 days within any period of 28

consecutive days. Exceptions, which will be posted, include areas

closed to camping and areas or sites with other designated camping stay

limits. The 28-day period begins when a camper initially occupies a

specific location on public land. The 14-day limit may be reached

either through a number of separate visits or through 14 days of

continuous occupation. After the 14th day of occupation, campers must

move beyond a 25-mile radius from the previous location. When a camping

limit has been reached, use of any public land site within the 25-mile

radius shall not occur again until at least 30 days have elapsed from

the last day of authorized use.

To park any motor vehicle for longer than 30 minutes, or

camping within 300 yards of any spring, man-made water hole, water

well, or watering tank used by wildlife or domestic stock.

To dispose of any burning or smoldering material except at

sites or facilities provided for that purpose.

Unauthorized cutting, removing, or transporting woody

materials including, but not limited to:

1. Any type or variety of vegetation (excluding dead and downed),

2. Fuelwood or firewood, either green or standing deadwood or,

3. Live plants (except for consumption, medicinal purposes, study

or personal collection).

Removing or transporting any mineral resources including,

but not limited to, rock, sand, gravel, and minerals on or from public

lands without written consent, proof of purchase, or a valid permit.

Collection of specimens and samples in reasonable amounts for personal

noncommercial use, under 43 CFR 8365.1-5(b) is not affected by this

section. [[Page 4635]]

Collection or removal of any natural resource, including

wood for campfires, where such restrictions are posted.

Failure to prevent a pet from harassing, molesting,

injuring, or killing humans, wildlife or livestock.

Violation of the terms, stipulations, or conditions of any

permit or use authorization.

Failure to show a permit or use authorization to any BLM

employee upon request.

Camp or occupy or build any fire on, or in, any historic

or prehistoric structure or ruin site.

Competitive or commercial operations or events without a

Special Recreation Permit.

Vehicles

Operations of an off-road vehicle without full-time use of

an approved spark arrestor and muffler.

Failure to display the required State off-road vehicle

registration.

Lubricating or repairing any vehicle, except repairs

necessitated by emergency.

Operate, park, or leave a motorized vehicle in violation

of posted restrictions or in such a manner or location as to:

1. Create a safety hazard,

2. Interfere with other authorized users or uses,

3. Obstruct or impede normal or emergency traffic movement,

4. Interfere with or impede administrative activities,

5. Interfere with the parking of other vehicles, or

6. Endanger property or any person.

Public Health and Safety

Possession or use of fireworks.

Leaving a campfire unattended, or failing to completely

extinguish a fire after use.

The sale or gift of an alcoholic beverage to a person

under 21 years of age.

The possession of an alcoholic beverage by a person under

21 years of age.

Ignite or burn any material containing or producing toxic

or hazardous material.

Carrying of concealed weapons.

State and Local Laws

Failure to comply with all applicable State of New Mexico

regulations for boating safety, equipment, and registration.

Visitor Restrictions--DEVELOPED RECREATION SITES/AREAS AND

SPECIAL RECREATION MANAGEMENT AREAS: In addition to the regulations

contained in 43 CFR 8356.1, 8365.2 and those listed above, the

following visitor restrictions will be applied in accordance with 43

CFR 8365.2: The following activities are prohibited unless authorized

by written permit:

Failure to immediately remove and dispose of in a sanitary

manner, all pet fecal material, trash, garbage or waste created.

Failing to physically restrain a pet at all times within

developed campsites and picnic areas. Pets are prohibited where posted

on all designated nature or interpretive trails and from entering

caves. Animals trained to assist handicapped persons are exempt from

this rule.

Reserving camping space, except at group facilities.

Camping space is available on a first-come-first-serve basis.

Failure to maintain quiet between the hours of 10:00 p.m.

to 6:00 a.m. or other hours posted. During this period no person shall

create noise which disturbs other visitors.

More than two motorized vehicles and/or 10 individuals at

any one approved site not designated for group use or parking area.

Groups exceeding these limits must use a group site or additional

designated sites.

Vehicles off existing or designated roads and trails

unless facilities have been specifically provided for such use.

Motorized vehicles will be operated for access to and from developed

facilities only.

To park or occupy a parking space posted or marked for

handicapped use without displaying an official identification tag or

plate.

Posting or distribution of any signs, posters, printed

material, or commercial advertisements.

The discharge of firearms or other weapons, hunting and

trapping within \1/2\ mile of developed recreation sites and areas.

Using, displaying, or carrying weapons within developed

campsites or picnic areas. Long guns shall be broken down or otherwise

rendered inoperable and shall be stored out-of-sight.

Disposing of any waste or grey water except where

facilities are provided.

Bringing equine stock, llama, cattle, or other livestock

within campgrounds or picnic areas unless facilities have been

specifically provided for such use.

Gathering or collecting woody plants or any other natural

resource, minerals, cultural, or historical artifacts that require

permits.

Cutting or gathering of green trees or their parts or

removal of down or standing dead wood for any purpose.

Not adhering to fire danger ratings issued by government.

Entering the following caves from October 15 to March 31

of each year: Fort Stanton, Torgac, Torgac Annex, Crockett, Crystal,

Big-Eared Cave, Bat Hole, Malpais Madness, Tres Ninos and Feather. Only

personnel engaged in authorized scientific bat studies, census,

monitoring, and emergencies will be allowed to enter caves during this

time, due to bat hibernation.

Entering a cave without each person wearing a safety

helmet (hard hat) with chin strap and at least three sources of light.

Annoying or disturbing bats at any time.

List of Developed Recreation Sites/Areas and Special Recreation

Management Areas

1. Valley of Fires Recreation Area (Roswell Resource Area)

T. 7 S., R. 10 E.,

Sec. 29, 30.

2. Fort Stanton SRMA (Roswell Resource Area)

T. 9, 10 S., R. 14, 15 E.

3. Mescalero Sands North Dune SRMA (Roswell Resource Area)

T. 10 S., R 30 E.,

Sec. 34, 35.

4. Cave SRMA's--McKittrick Hill, Lost, Fence Canyon, Manhole,

Yellowjacket/Lair, Chosa Draw, Mudgetts, Honest Injun, KFF Caverns,

Fort Stanton Cave, Torgac Cave, and Crocket's Cave

5. Dark Canyon SRMA (Carlsbad Resource Area)

T. 24 S., R. 23, 24 E.

6. Lonesome Ridge SRMA (Carlsbad Resource Area)

T. 26 S., R. 22 E.,

Sec. 19-21, 29-31.

7. Pecos River Canyon Complex (Carlsbad Resource Area)

T. 24, 25 S., R. 29, 30 E.

8. Guadalupe Escarpment Scenic Area (Carlsbad Resource Area)

T. 23-26 S., R. 22-26 E.

9. Alkali Lake Off-road Vehicle Area (Carlsbad Resource Area)

T. 21 S., R. 27 E.,

Sec. 4, 5, 9.

10. Hackberry Lake Off-road Vehicle Area (Carlsbad Resource Area)

T. 18-20 S., R. 30, 31 E.

11. Pecos River Corridor (Carlsbad Resource Area)

T. 22 S., R. 27 E., river section to T. 26 S., R. 29 E.

12. Chosa Draw SRMA (Carlsbad Resource Area)

T. 25 S., R. 25 E.,

Sec. 20-22, 27-29, 33. [[Page 4636]]

13. Overflow Wetlands (Roswell Resource Area)

T. 11, 12 S., R. 25, 26 E.

DATES: Comments on the proposed visitor restrictions will be accepted

until February 23, 1995. Comments received or postmarked after the

above date may not be considered in the decision-making process on the

final rule making.

ADDRESSES: Comments should be sent to the Roswell District Office, 1717

West 2nd, Roswell, New Mexico 88201, Telephone: (505) 627-0272. All

written comments made pursuant to this action will be made available

for public inspection during normal business hours (7:45 a.m. to 4:30

p.m., MST) at the above address.

FOR FURTHER INFORMATION CONTACT: Paul Happel, Natural Resource

Specialist, BLM, Roswell District Office, 1717 West 2nd Roswell, New

Mexico 88201, Telephone: (505) 627-0203.

SUPPLEMENTARY INFORMATION: The Roswell District Manager is establishing

these visitor restrictions, which are necessary for the protection of

persons, property, and public lands and resources currently under the

Bureau's administration within the Roswell District, New Mexico and

those lands acquired for inclusion within the administrative

jurisdiction of the BLM as provided for in 43 CFR 8365.1-6. These

Visitor Restrictions apply to all persons using public lands.

Violations of these restrictions are punishable by a fine not to exceed

$1,000 and/or imprisonment not to exceed 12 months. Exceptions to the

following visitor restrictions may be permitted by the authorized

officer subject to limits and restrictions of controlling Federal and

State law. Persons granted use exemptions must possess written

authorization from the BLM Office having jurisdiction over the area.

Users must further comply with the zoning, permitting, rules, or

regulatory requirements of other agencies, where applicable.

Dated: January 13, 1995.

Leslie M. Cone,

District Manager.

[FR Doc. 95-1617 Filed 1-23-95; 8:45 am]

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