Big Thicket National Preserve, Moored Houseboats

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC45

Big Thicket National Preserve, Moored Houseboats

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) is proposing regulations that

will require all houseboat owners to register their houseboats at the

Office of the Superintendent of the Preserve to adhere to regulations

pertaining specifically to moored houseboats within the boundaries of

the Preserve. This rulemaking will also include regulations pertaining

to sanitation and refuse (trash removal), fire extinguishers and

personal flotation devices on board houseboats. The addition of the

proposed regulations will allow the NPS to identify each houseboat

owner in the event emergency notification is needed while the houseboat

is vacant. The regulations will also assist the park in monitoring

recreational activities directly related to houseboats. These

regulations will enhance protection of the resources in the Preserve

while providing improved visitor protection services by park personnel.

DATES: Written comments will be accepted through August 5, 1996.

ADDRESSES: Comments should be addressed to: Superintendent, Big Thicket

National Preserve, 3785 Milam, Beaumont, Texas 77701.

FOR FURTHER INFORMATION CONTACT: Robert D. Appling, Chief Ranger Big

Thicket National Preserve, Telephone 409-839-2689.

SUPPLEMENTARY INFORMATION:

Background

Houseboats have been moored on the Neches River and its tributaries

since before Big Thicket National Preserve was established. The mooring

of houseboats within the Preserve is considered a traditional use and

should be allowed to continue. Houseboat owners are primarily local

residents of the Southeast Texas area.

Houseboat owners and the recreational activities associated with

these moored houseboats have been mostly unregulated since the Preserve

was established in 1974 (16 U.S.C. 698). Activities associated with

houseboats have led to the degradation of Preserve resources in a

variety of ways, including the poaching of fish and game, damage to and

removal of vegetation to establish egress routes, concentrated human

use impacts, stream bank erosion and the prohibited discharge of

sewage, animal and fish remains, and other aquatic pollutants.

Houseboats have been left unattended for long periods of time and

many are utilized only during the approved hunting season. Attempts by

Preserve personnel to contact houseboat owners to inform them of damage

to their property or to advise them of violations of regulations have

proven to be extremely difficult. Many houseboat owners do not have

telephones and the park does not have permanent addresses where the

owners can be contacted.

The NPS believes that the addition of these regulations will

provide for better management of the land and water resources of the

Preserve and improve overall communications with houseboat owners by

providing accurate and updated information concerning hunting, fishing,

boating and water use activities.

Public Participation

It is the policy of the Department of Interior, whenever

practicable, to afford the public an opportunity to participate in the

rulemaking process. Accordingly, interested persons may submit written

comments regarding this proposed rule to the address noted at the

beginning of this rulemaking. Big Thicket National Preserve will also

publish public notices in local papers informing the general public of

the proposed rule. The NPS will review comments and consider making

changes to the final rule based upon an analysis of the comments.

Drafting Information. The primary authors of this proposed rule

are Robert D. Appling, Chief Ranger and Richard F. Strahan, Chief,

Division of Resource Management, and Dennis Burnett, Washington

Office of Ranger Activities, National Park Service.

Paperwork Reduction Act

This proposed rule does not contain collections of information

requiring approval by the Office of Management and Budget under the

Paperwork Reduction Act of 1995.

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 USC 601 et seq.). The economic effects of this rulemaking are

local in nature and negligible in scope.

The NPS has determined that this proposed 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 incompatible uses which compromise the nature and

character of the area or causing physical damage to it;

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

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

Based on this determination, the regulation is categorically

excluded from the procedural requirements of the National Environmental

Policy Act (NEPA) by Departmental guidelines in 516 DM 6 (49 FR 21438).

As such, neither an Environmental Assessment (EA) nor an Environmental

Impact Statement (EIS) has been prepared.

List of Subjects in 36 CFR Part 7

National parks, Reporting and recordkeeping requirements.

In consideration of the foregoing, it is proposed to amend 36 CFR

Chapter I as follows:

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

1. The authority citation 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 7.85 is amended by adding new paragraph (e) to read as

follows:

Sec. 7.85 Big Thicket National Preserve.

* * * * *

(e) Moored houseboats. Except as otherwise provided, the following

regulations will be applicable:

(1) All houseboats moored on waterways within the boundaries of Big

Thicket National Preserve are required to be registered with the Office

of the Superintendent, Big Thicket National Preserve. Houseboats will

be assigned a number and a decal at the beginning of each calendar

year. It is further required that written notification will be given to

the Office of the Superintendent prior to relocation of a houseboat

from its registered location.

(2) Houseboats will be located a minimum distance of one-half mile

from other houseboats.

[[Page 28531]]

(3) New houseboats that have buoyancy flotation devices enabling

the houseboat to float will be limited to styrofoam-type material or

commercially made flotation products such as pontoon floats. Houseboats

utilizing containers made of metal (e.g., 55 gallon drums for buoyancy/

flotation) will not be permitted unless the container has never been

used to store any type of product inside and proof to this effect is

provided.

(4) Houseboats will have a chemical or other marine-type approved

holding tank or storage container. Discharge of sewage into waters

within the Preserve is prohibited.

(5) All trash and other waste material accumulated on houseboats

will be properly disposed of outside the Preserve boundaries. Burying

or burning trash is prohibited.

(6) All weapons on houseboats will be unloaded and cased.

(7) Houseboats will be equipped with a minimum of one approved Type

B-l fire extinguisher, one Type I personal flotation device for each

individual occupying the houseboat, and one Type IV buoyant cushion or

ring buoy.

(8) Houseboats will have a minimum of three reflective devices

located so as to be visible to other marine type traffic from sunset to

sunrise.

(9) Fires on Preserve land will not be left unattended and will be

completely extinguished before leaving the area of the moored

houseboat.

(10) Damage to any trees or vegetation on Preserve land surrounding

the moored houseboat is prohibited. This includes such actions as, but

not limited to:

(i) Mooring houseboats to trees;

(ii) Nailing objects to trees;

(iii) Clearing of vegetation; and

(iv) Streambank modification.

(11) All persons registering a houseboat within the boundaries of

Big Thicket National Preserve will comply with all regulations

pertaining to moored houseboats.

Dated: May 9, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-14105 Filed 6-4-96; 8:45 am]

BILLING CODE 4310-70-P