Pictured Rocks National Lakeshore; Hunting Closure

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC28

Pictured Rocks National Lakeshore; Hunting Closure

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule closes certain developed and high visitor use areas

of the lakeshore to hunting in the interest of public safety. Hunting

in these developed and high visitor use areas constitutes a hazard to

the safety of the visiting public.

EFFECTIVE DATE: This final rule becomes effective October 16, 1995.

FOR FURTHER INFORMATION CONTACT: Larry Hach, Chief of Visitor Services

and Land Management, Pictured Rocks National Lakeshore, P.O. Box 40,

Munising, MI 49862. Telephone (906) 387-2607.

SUPPLEMENTARY INFORMATION:

Background

Pictured Rocks National Lakeshore's legislative authority, Public

Law 89-668 (80 Stat. 922), states ``The Secretary, after consultation

with the Michigan Department of Conservation, may designate zones and

establish periods where and when no hunting shall be permitted for

reasons of public safety, administration, or public use and

enjoyment.'' Pictured Rocks National Lakeshore has already consulted

with the Michigan Department of Natural Resources on this issue, as

well as with other interested groups including the Michigan United

Conservation Clubs, area hunters, and other interested local

individuals.

The National Park Service's Management Guidelines (specifically

Chapter 8, ``Use of the Parks'') state that the protection of park

visitors and providing for visitor safety is a primary goal of park

management, and that the Service may establish regulations or closures

that are more restrictive than applicable State regulations based on a

finding that such restrictions are necessary for public safety,

resource protection, or visitor enjoyment. With the increased amount of

visitors to the lakeshore in recent years (CY 94 visitation was

583,131) and the increase of hunting activities within lakeshore

boundaries, an increased possibility exists of hazards to the safety of

the public due to hunting activity in the developed and high visitor

use areas.

Hunting in the lakeshore is managed according to the State of

Michigan Department of Natural Resources hunting regulations, Federal

migratory waterfowl regulations, and those specific hunting regulations

contained in the Superintendent's Compendium (Orders). Continuing under

the existing guidelines is dangerous from a safety point of view. At

the same time, a total ban on hunting is neither practical nor

necessary. This limited hunting closure is in accordance with stated

overall management objectives for the administration of lands of the

National Park System.

Much of the high public use area at the western end of the

lakeshore is situated within the corporate limits of the City of

Munising where the discharge of a firearm is already prohibited. The

lakeshore's developed areas, such as campgrounds, parking lots, and

overlooks, are heavily used by the visiting public. Hunting in such

heavily used areas constitutes a hazard to the safety of the visiting

public. While State of Michigan regulations currently permit hunting

within road rights-of-way (ROW's), the heavy volume of traffic on

National Park Service (NPS)-owned paved roads within the lakeshore

makes hunting within these ROW's not conducive to the promotion of

visitor safety and enjoyment. The heaviest public use period for the

lakeshore occurs between April 1 and Labor Day when the lakeshore

receives approximately 73 percent of its annual visitation. During this

period, the regulation would prohibit hunting within the lakeshore.

On January 23, 1995, the NPS published proposed regulations that

would close developed and high visitor use areas of the lakeshore to

hunting in the interest of public safety (60 FR 4394). Public comment

was invited. The comment period closed March 24, 1995.

Summary of Comments Received

During the public comment period, the NPS received eight written

comments regarding the proposed rule. Four comments supported the

closures, some asking for increased closures. Four were opposed to the

closures, either in part or in whole. An analysis was made of the

public comments. After considering all public comments, the NPS has

decided to proceed with a final rule on the hunting closures.

A summary of specific comments by broad subject and the agency's

response to these comments follows.

1. Comment: Hunting closure areas are already restricted to hunting

by local or state regulations. A few respondents felt that the closure

areas were already restricted to hunting activities by current local or

state regulations. They felt that peak hunter density never exceeds a

fraction of a hunter per square mile and there has never been an

accident in the lakeshore involving hunters.

Response: A City of Munising ordinance prevents the discharge of a

firearm within the city limits. However, the city does not enforce this

ordinance in the forested areas of the lakeshore, within the city

limits. Because the lakeshore does not have the authority to enforce

the city's ordinance, it goes unenforced. Each year hunting activity

takes place in the Becker Field, Munising ski trails and on Sand Point.

All of these areas are within the city limits of Munising.

Michigan DNR hunting regulations define a Safety Zone within 450

feet of occupied dwellings (residences) or associated buildings. This

regulation has no correlation to the developed public use areas of the

lakeshore, such as drive-in campgrounds, overlooks, parking lots or

other high use visitor buildings. Despite heavy public use, none of

these lakeshore facilities serve as a ``dwelling or associated

building.'' The DNR regulation, therefore, does not apply.

While State of Michigan regulations currently permit hunting within

road rights-of-way, the heavy volume of traffic on NPS-owned paved

roads within the lakeshore makes hunting within these ROW's not

conducive to the promotion of visitor safety and enjoyment. Several

conflicts between hunters and non-hunters occur each hunting season

within these ROW's that could directly affect the safety of the

visiting public.

Although there has not been a documented accident in the lakeshore

involving hunting, there have been several documented incidents in each

of the past few years, in the developed areas, involving hunter and

non-hunter contacts signed by one or both parties as constituting a

safety hazard. With the increased number of visitors to the lakeshore,

and the increase of hunting activities within the lakeshore boundaries,

contacts between hunters and non-hunters directly affect the safety of

the visiting public in the developed and high visitor use areas.

Although hunter density per square mile throughout the entire

lakeshore is

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fairly low, having hunting activity in such close proximity to

developed and high visitor use areas constitutes a public safety

hazard.

2. Comment: Impact on hunters by the closured areas. A few

commenters stated that these closures could have minimal impact on

current hunting groups, but were worried about the lakeshore closing

down other areas in the future. They were also concerned that hunters

would not be able to access legal hunting areas through these closure

areas.

Response: There is no guarantee that future developed and high

visitor use lakeshore areas would not be closed to hunting, based on a

finding that such restrictions are necessary for public safety,

resource protection or visitor enjoyment. Future park developments and

visitor areas that attain higher public use could also be closed to

hunting for the same public safety reasons.

The closure areas were closely scrutinized to include only those

areas where hunting restrictions were necessary for public safety. The

closures are not an attempt to slowly close off the entire lakeshore to

hunting because the park's enabling legislation mandates that hunting

shall be permitted in administering the lakeshore. The legislation also

states that, after consultation with the Michigan DNR, the lakeshore

may designate zones and establish periods where and when no hunting

shall be permitted for reasons of public safety.

Hunters would be allowed access to legal hunting areas through the

closure areas, but they could not conduct any hunting while in the

closure areas.

3. Comment: The hunting closure process was handled very openly and

fairly. One respondent stated that the hunting closure process was very

open. The person also appreciated that discussions were held with

various public groups so that the proposal could be tailored to serve

all constituencies fairly.

Response: The lakeshore consulted with the Michigan Department of

Natural Resources on this issue, as well as with other interested

groups, including the Michigan United Conservation Clubs, area hunters

and other local individuals. These various groups were consulted and

kept well informed throughout the entire rulemaking process.

Information gained from these consultations greatly aided in defining

the specific closure areas. Throughout the rulemaking process, treating

all constituencies (general public and hunting groups) fairly was a

high concern of lakeshore management.

4. Comment: A need to postpone the opening hunting date to October

15 or later. One reviewer wanted the opening date for lakeshore hunting

postponed to October 15, rather than the day after Labor Day. He also

felt there was a need to close more than 2 percent of the lakeshore to

hunting during the fall visitor season.

Response: The heaviest public use period occurs between April 1

and Labor Day when the lakeshore receives approximately 73 percent of

its annual visitation. Visitor use after Labor Day decreases

dramatically and contacts rarely occur between hunters and non-hunters

that could affect the safety of the visiting public. Opening the

lakeshore to hunting the day after Labor Day allows hunters to pursue

bear during Michigan's bear hunting season within the Upper Peninsula.

The developed and high visitor use areas of the lakeshore, which

constitute approximately 2 percent of park land, are where an increased

possibility exists of contacts between hunters and non-hunters,

directly affecting the safety of the visiting public. Over the last

several years the lakeshore has witnessed both an increase in total

park visitation and hunting activities. Throughout the rest of the

lakeshore, in the more undeveloped and less used areas, the possibility

of these same safety hazards occurring decreases dramatically.

5. Comment: Expand the hunting closure areas to include other areas

of the lakeshore. Two respondents felt that the proposed closure areas

should also include all backcountry campgrounds, lakeshore hiking

trails and the groomed cross-country ski trails.

Response: The lakeshore's developed areas, such as drive-in

campgrounds, parking lots and overlooks, are the areas most heavily

used by the public. The backcountry areas of the lakeshore, such as

backcountry campgrounds, hiking trails, and cross-country ski trails,

receive only a fraction of the annual visitor use. Hunter/non-hunter

contacts occur very infrequently in the backcountry areas. These

backcountry areas were considered for closure, but the potential hazard

to the safety of the public was considered minimal and insufficient to

warrant closure. The increases in park visitation over the last several

years have occurred primarily in the more developed and high use areas

of the lakeshore. Closing these backcountry areas to hunting would have

little effect on public safety.

6. Comment: Disagreement with the summer hunting closure and

comparing the lakeshore with Michigan State Parks. A few commenters

disagreed with the closing of the lakeshore to hunting from April 1 to

Labor Day. They also felt it was not fair to compare the lakeshore

hunting closure period with that of Michigan State Parks.

Response: The heaviest public use period for the lakeshore occurs

between April 1 and Labor Day, when the lakeshore receives

approximately 73 percent of its annual visitation. There is very little

hunting activity during this period, since the only legal hunting for

game species that can be done is for coyote and for certain animals for

which there is ``no closed season.'' With the high visitor use during

the summer period in the developed areas, even allowing this level of

hunting activity constitutes a public safety hazard.

Michigan DNR hunting regulations close all state parks to hunting

from April 1 through September 14. Michigan State Parks have developed

and high visitor use areas, similar to the national lakeshore, that are

closed to hunting during the summer visitor use season. The lakeshore

closure period would be through Labor Day, to allow for the start of

the Michigan bear hunting season in the Upper Peninsula. This closure

would be similar to Michigan State Park hunting management, with the

exception of opening the national lakeshore to hunting earlier in

September than in the State parks.

State park acreage closed to hunting in developed areas amounts to

less area closed than what would be closed in the lakeshore. This is

primarily due to the fact that most state parks are appreciably smaller

in total land size when compared with the national lakeshore. Pictured

Rocks has more land and therefore more total acreage that would be

closed to hunting for public safety reasons.

Effective Date

The final rule establishes regulations that will close developed

and high visitor use areas of the lakeshore to hunting in the interest

of public safety. The lakeshore will maintain a list of these closed

areas, and specific descriptions of the same, for the information of

the general public. This rule becomes effective 30 days from the date

of publication in the Federal Register.

Drafting Information

The author of these regulations is Larry Hach, Chief of Visitor

Services and Land Management, Pictured Rocks National Lakeshore.

Paperwork Reduction Act

This final rule does not contain information collection

requirements that require approval by the Office of

[[Page 47703]]

Management and Budget under 44 U.S.C. 3501 et seq.

Compliance With Other Laws

This rule was not subject to Office of Management and Budget review

under Executive Order 12866. The Department of the Interior determined

that this document will not have a significant economic effect on a

substantial number of small entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et. seq.). The economic effects of this rulemaking

are local in nature and negligible in scope.

The National Park Service has determined that this rulemaking will

not have a significant effect on the quality of the human environment,

health and safety because it is not expected to:

(a) Increase public use to the extent of compromising the nature

and character of the area or causing physical damage to it;

(b) Introduce non-compatible uses that may compromise the nature

and characteristics of the area, or cause physical damage to it;

(c) Conflict with adjacent ownerships or land uses; or

(d) Cause a nuisance to adjacent land owners or occupants.

Based on this determination, the regulation is categorically

excluded from the procedural requirements of the National Environmental

Policy Act (NEPA; 42 USC 4321, et seq.) and by Departmental guidelines

in 516 DM 6 (49 FR 21438). As such, neither an Environmental Assessment

nor an Environmental Impact Statement has been prepared.

List of Subjects in 36 CFR Part 7

National parks; Reporting and record keeping requirements.

In consideration of the foregoing, 36 CFR chapter I is amended as

follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

1. The authority citation for part 7 continues to read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); sec. 7.96 also

issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).

2. Section 7.32 is amended by adding paragraph (c) to read as

follows:

Sec. 7.32 Pictured Rocks National Lakeshore

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(c) Hunting. The following lakeshore areas are closed to hunting:

(1) Sand Point area. All that portion of Sand Point described as

the area below the top of the bluff in Sections 19 and 30, T47N, R18W,

and that area situated within the corporate limits of the City of

Munising, including the Sand Point Road.

(2) Developed public use areas.

(i) The area within 150 yards of any campsite located within the

Little Beaver, Twelvemile Beach, and Hurricane River Campgrounds.

(ii) The area within 150 yards of the Miners Castle overlooks,

paved walkways and vehicle parking lot. Also 100 feet from the

centerline of the paved Miners Castle Road and the area within 100 feet

of Miners Falls parking lot, trail and associated platforms.

(iii) The area within 100 feet of: the Chapel Falls parking lot;

the Little Beaver backpacker parking lot; the Twelvemile Beach picnic

area parking lot; the Log Slide parking lot, platforms and walkways;

the Grand Sable Lake picnic area and parking lot; the Grand Sable Lake

boat launch and parking lot; the Grand Sable Lake overlook parking lot.

(iv) The area within 150 yards of any structure at the Au Sable

Light Station, and within 100 feet of the trail between the lower

Hurricane River Campground and the light station.

(v) The area within 150 yards of the Sable Falls parking lot and

building, including the viewing platforms and associated walkway system

to the mouth of Sable Creek. Also included is the area 100 feet from

the centerline of the paved Sable Falls Road.

(vi) The area within 150 yards of: the Grand Sable Visitor Center

parking lot and barn; the structures comprising the Grand Marais

quarters and maintenance facility.

(vii) The 8.6 acre tract comprising structures and lands

administered by the National Park Service on Coast Guard Point in Grand

Marais.

(3) Hunting season. Hunting is prohibited parkwide during the

period of April 1 through Labor Day.

Dated: August 17, 1995.

Robert P. Davison,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-22747 Filed 9-13-95; 8:45 am]

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