Public Use Regulations for the Alaska Peninsula/Becharof National Wildlife Refuge Complex

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR PART 36

RIN 1018-AD-30

Public Use Regulations for the Alaska Peninsula/Becharof National

Wildlife Refuge Complex

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service adopts regulations to

implement portions of the Alaska Peninsula/Becharof National Wildlife

Refuge Complex Public Use Management Plan. The rule will allow the Fish

and Wildlife Service to manage public uses by adopting regulations

addressing off-road vehicles, camping, and temporary facilities. The

regulations will provide for continued public use of the refuge complex

while protecting refuge resources and resolving conflicts between

refuge users.

EFFECTIVE DATE: This rule is effective July 11, 1996.

ADDRESSES: U.S. Fish and Wildlife Service, Alaska Peninsula/Becharof

National Wildlife Refuge Complex, P.O. Box 277, King Salmon, AK 99613.

FOR FURTHER INFORMATION CONTACT: Ronald E. Hood, Refuge Manager, Alaska

Peninsula/Becharof National Wildlife Refuge Complex, P.O. Box 277, King

Salmon, AK 99613, telephone: (907) 246-3339.

SUPPLEMENTARY INFORMATION: The Alaska National Interest Lands

Conservation Act (ANILCA) (16 U.S.C. 3101 et seq.) was signed into law

on December 2, 1980. The broad purpose of this law is to provide for

the disposition and use of a variety of federally owned lands in

Alaska. Section 303 of ANILCA established Alaska Peninsula and Becharof

National Wildlife Refuges and Section 304 of ANILCA expanded Alaska

Maritime National Wildlife Refuge. The Alaska National Interest Lands

Conservation Act states that purposes for which Alaska Maritime, Alaska

Peninsula and Becharof Refuges were established and shall be managed

include:

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(i) [Alaska Maritime Refuge] to conserve fish and wildlife

populations and habitats in their natural diversity including, but not

limited to marine mammals, marine birds and other migratory birds, the

marine resources upon which they rely, bears, caribou and other

mammals;

(i) [Alaska Peninsula Refuge] to conserve fish and wildlife

populations and habitats in their natural diversity including, but not

limited to, brown bears, the Alaska Peninsula caribou herd, moose, sea

otters and other marine mammals, shorebirds and other migratory birds,

raptors, including bald eagles and peregrine falcons, and salmonids and

other fish;

(i) [Becharof Refuge] to conserve fish and wildlife populations and

habitats in their natural diversity including, but not limited to,

brown bears, salmon, migratory birds, the Alaskan Peninsula caribou

herd, and marine birds and mammals;

(ii) to fulfill the international treaty obligations of the United

States with respect to fish and wildlife and their habitats;

(iii) to provide, in a manner consistent with the purposes set

forth in subparagraphs (i) and (ii), the opportunity for continued

subsistence uses by local residents; and

(iv) to ensure, to the maximum extent practicable and in a manner

consistent with the purposes set forth in paragraph (i), water quality

and necessary water quantity within the refuge[s].

In 1987, the Fish and Wildlife Service (Service) decided to manage

the Ugashik and Chignik units of the Alaska Peninsula Refuge, the Seal

Cape area of the Alaska Maritime Refuge and the Becharof Refuge as a

``complex.'' These units share a contiguous boundary and common

resources and resource issues. Legislation to formalize the ``complex''

has been drafted. The Public Use Management Plan and the regulations

cover the Ugashik and Chignik Units of Alaska Peninsula Refuge, the

Seal Cape area of the Alaska Maritime Refuge, and Becharof Refuge.

Refuge Planning

Section 304(g) of ANILCA directs the Secretary of the Interior to

prepare a comprehensive conservation plan (comprehensive plan) for each

national wildlife refuge in Alaska. The Alaska Maritime comprehensive

plan was completed in 1988; the Alaska Peninsula comprehensive plan was

completed in 1987; and the Becharof comprehensive plan was completed in

1985. A number of public use management issues were identified and

resolved in the comprehensive plans. Other issues involving public use

of the refuges were identified as needing more thorough investigation.

These issues were addressed in the Public Use Management Plan (public

use plan) approved in May 1994.

Extensive public involvement was conducted for the public use plan

from 1989 to 1994 including workbooks, three sets of public meetings in

all refuge area communities, Anchorage and Kodiak and several mailings.

A number of changes were made in the final public use plan responding

to comments received on the draft. Those comments also were used to

prepare these regulations.

Draft regulations to implement the public use plan were published

on July 17, 1995 (60 FR 36576) with a 60-day public comment period. The

public comment period was reopened for another 45 days to allow

additional review and comment by interested persons and groups on

October 16, 1995, (60 FR 53576).

The July 17, 1995 Federal Register notice said public hearings

would be held in Chignik Bay, Chignik Lake, Chignik Lagoon, Egegik,

Ivanof Bay, Naknek, Perryville, Pilot Point, Port Heiden, and South

Naknek, Alaska. Informal public hearings were held in Egegik (October

23, 1995), Naknek (October 26, 1995), and South Naknek (November 2,

1995), Alaska. When leaders of both municipal and tribal governments in

the other villages were contacted to arrange public hearings, they

indicated that hearings were not necessary. Therefore, because these

villages are all isolated and people from other communities would not

likely attend public hearings, the hearings were not held.

Summary of Public Comments

Eleven people attended the Egegik hearing and one comment on the

regulations was noted. Six people attended the Naknek hearing.

Questions were asked about the regulations, but no comments about the

regulations were received. Two people attended the South Naknek hearing

and one comment on the regulations was noted.

Seven written comments were received from the State of Alaska, one

regional corporation, the Coalition to Protect Animals in Parks and

Refuges, and four individuals (one in Alaska and three out-of-state).

One person met with Service personnel to discuss the regulations.

The State of Alaska had no specific comments on the regulations.

One person suggested re-writing the regulations in seventh grade

English and translating them into Native languages. One person opposed

the use of off-road vehicles, camping, and any temporary or permanent

improvements within the refuge. The Coalition to Protect Animals in

Parks and Refuges suggested there should be some areas where off-road

vehicles not be allowed, and approved of off-road vehicle weight limits

and confining general public off-road vehicle use to trails. The Native

Corporation noted that the off-road vehicle weight restrictions would

not apply to activities associated with exploration or development of

their subsurface estate within the refuge. One person said that

subsistence campers should be able to leave their camp foundation to be

used year after year.

Most other comments did not address the regulations and were about

other aspects of refuge management (for example, opposing sport hunting

on refuges or requesting information about special use permits). The

comment at the Egegik hearing suggested that off-road vehicle trailers

be required to use low pressure tires. One person at the South Naknek

hearing suggested that temporary facilities be prohibited throughout

the refuge complex. The person meeting with Service staff was concerned

that the regulations not affect a road he is proposing to use within

the refuge. He was assured that the regulations would have no effect on

his proposal.

Based on public comments received the Service proposes only one

change from the proposed regulations. A typographical error appeared in

subsection 36.39(c)(4)(iii). It stated that new temporary facilities

are prohibited within ``\1/2\ mile'' of the shoreline of Upper and

Lower Ugashik Lakes. It should have read ``\1/4\ mile'' of the

shoreline of Upper and Lower Ugashik Lakes. The final rule reads \1/4\

mile.

While the Service agrees with the suggestion to require the use of

low pressure tires on off-road vehicle trailers, as stated in the

notice of proposed rule-making the Service does not believe it is

necessary to regulate off-road vehicle trailers at this time.

Regarding the suggestion that there be no use of off-road vehicles

on some parts of the refuge complex, ANILCA Section 810 requires the

Service to allow ``other means of surface transportation''

traditionally employed for subsistence subject to reasonable

regulations. The regulations limit the size and weight of off-road

vehicles. All areas of the refuge complex are open to subsistence use

of off-road vehicles, but the distance of many areas from communities,

vast size, and extremely rugged terrain of much of the area effectively

precludes off-road vehicle

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use in many areas of the refuge complex.

Section 1316 of ANILCA states, in part, ``* * * the Secretary shall

permit, subject to reasonable regulations to ensure compatibility, the

continuance of existing uses, and the future establishment and use, of

temporary campsites, tent platforms, shelters, and other temporary

facilities and equipment directly and necessarily related to such

activities [the taking of fish and wildlife] * * *.'' Section 1316 also

states that temporary facilities could be denied if they would be

``detrimental to the purposes for which the * * * unit was established

* * *.'' In the public use plan, the Service determined which areas of

the refuge temporary facilities would be detrimental to refuge purposes

and these will be closed to new temporary facilities by the

regulations. The establishment of new temporary facilities elsewhere in

the refuge complex was generally found to be compatible with the

purposes of the refuge. Each application for temporary facilities will

be evaluated by the refuge complex staff and authorized only if found

to be directly and necessarily related to the taking of fish and

wildlife and compatible with the purposes of the refuge. Permits

authorizing temporary facilities contain special conditions to ensure

compatibility and minimizing effects on other refuge users.

Conformance With Statutory and Regulatory Authorities

The impact of these final regulations on subsistence uses has been

evaluated as required by Section 810 of ANILCA. A subsistence

evaluation was included in the public use management plan environmental

assessment and the Regional Director found that the plan would not

significantly restrict subsistence use on the Alaska Peninsula/Becharof

National Wildlife Refuge Complex. Subsistence uses and access are

expected to differ little, if any, from existing uses. The regulations

are consistent with the purposes and intent of Section 810 and will

result in no significant restrictions on subsistence uses.

These final regulations are consistent with the purposes for which

the Alaska Maritime, Alaska Peninsula and Becharof National Wildlife

Refuges were established. A compatibility determination was approved

for the public use management plan.

Paperwork Reduction Act

These final regulations have been examined under the Paperwork

Reduction Act of 1995 and have been found to contain no information

collection requirements.

National Environmental Policy Act Compliance

An environmental assessment accompanied the draft public use

management plan. On May 21, 1994, a Decision Notice and Finding of No

Significant Impact was signed by the Regional Director. Copies of these

documents may be obtained from the Alaska Peninsula/Becharof National

Wildlife Refuge Complex, P.O. Box 277, King Salmon, Alaska 99613.

Telephone: (907) 246-3339. No further documentation is required by the

National Environmental Policy Act (42 U.S.C. 4321-4347).

Economic Effects

The Department of Interior has determined this rulemaking was not

subject to Office of Management and Budget review under Executive Order

12866. A review under the Regulatory Flexibility Act of 1980 (5 U.S.C.

601 et seq.) has revealed that this final rulemaking would not have a

significant effect on a substantial number of small entities in the

area, such as businesses, organizations and governmental jurisdictions.

This rule impacts the refuge complex only to the extent that off-road

vehicles and camping are better administered. Temporary facilities are

only allowed for administrative and subsistence purposes at particular

sites. These provisions are seen, therefore, as administrative in

nature and having little or no impact on small entities. This final

rule will have minimal, if any, impact on the economy of the Alaska

Peninsula.

Unfunded Mandates

The Service has determined and certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et. seq., that this rulemaking will not

impose a cost of $100 million or more in any given year on local or

State governments or private entities.

Primary Author: Helen Clough, Refuges and Wildlife, Alaska

Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska

is the primary author of this final rulemaking document.

List of Subjects in 50 CFR Part 36

Alaska, Recreation and recreation areas, Reporting and

recordkeeping requirements, Wildlife refuges.

The U.S. Fish and Wildlife Service amends Part 36 of Chapter I of

Title 50 as follows:

PART 36--[AMENDED]

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

Authority: 16 U.S.C. 460(k) et seq., 668dd et seq., 742(a) et

seq., 3101 et seq., and 44 U.S.C. 3501 et seq.

2. Section 36.39 is amended by adding paragraph (c) (1)-(4) as

follows:

Sec. 36.39 Public use.

* * * * *

(c) Alaska Peninsula/Becharof National Wildlife Refuge Complex.

(1) The Alaska Peninsula/Becharof National Wildlife Refuge

(Complex) includes the Becharof National Wildlife Refuge, the Chignik

and Ugashik Units of the Alaska Peninsula National Wildlife Refuge and

the Seal Cape Area of the Alaska Maritime National Wildlife Refuge.

(2) Off-road vehicles are permitted on the refuge complex under

Sec. 36.12(a),Sec. 36.39(c)(2)(ii) or Sec. 36.39(c)(2)(iii) and must

meet the following conditions:

(i) Vehicles are limited to three or four-wheeled vehicles with a

maximum gross weight of 650 pounds as listed by the manufacturer.

(ii) ORV's are permitted on the following trails only: Yantarni Bay

Airstrip; Yantarni Bay Airstrip to beach trail; and Yantarni Bay

Airstrip to oil well site trail. Maps of the above areas are available

from the Refuge Manager.

(iii) Subject to the weight and size restrictions listed in (i)

above, subsistence use of off-road vehicles, as authorized by 50 CFR

36.12(a) is allowed throughout the Alaska Peninsula/Becharof National

Wildlife Refuge Complex.

(3) Camping is permitted on the Refuge Complex subject to the

following restrictions:

(i) These camping limits do not apply to subsistence users except

at Big Creek where they apply to all refuge complex users.

(ii) No permanent improvements may be made to campsites without a

special use permit. All materials brought on to the refuge complex must

be removed upon cessation of camping unless authorized by a special use

permit.

(iii) Other than reserved sites authorized by special use permits,

camping at one location is limited to seven consecutive nights from

August 1 through November 15 within \1/4\ mile of the following waters:

Becharof Lake in the Severson Peninsula area (Island Arm); Becharof

Lake Outlet; Ugashik Narrows; Big Creek; Gertrude Lake; and Gertrude

Creek between Gertrude Lake and the King Salmon River. Maps of the

[[Page 29498]]

above areas are available from the Refuge Manager.

(iv) Tent camps must be moved a minimum of one mile following each

seven-night camping stay during the periods specified above.

(4) Temporary facilities may be authorized on the Alaska Peninsula/

Becharof National Wildlife Refuge Complex by special use permit only,

subject to the following conditions:

(i) Except for administrative or subsistence purposes, new

temporary facilities are prohibited within \1/4\ mile of the Becharof

Lake shoreline.

(ii) Except for administrative purposes, new temporary facilities

are prohibited in the following areas: within \1/4\ mile of the

shorelines of Gertrude Lake and Long Lake; within \1/4\ mile of the

airstrip on the south side of the King Salmon River approximately \1/2\

mile above the confluence of Gertrude Creek and the King Salmon River;

within \1/4\ mile of the shoreline of Upper and Lower Ugashik Lakes;

within \1/4\ mile of the shoreline of Becharof Lake outlet; and within

\1/4\ mile of the shoreline of Big Creek. Maps of the above areas are

available from the Refuge Manager.

* * * * *

Dated: April 25, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-14775 Filed 6-10-96; 8:45 am]

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