Seasonal Closure of the Moose Range Meadows Public Access Easements in the Kenai National Wildlife Refuge

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 36

RIN 1018-AE58

Seasonal Closure of the Moose Range Meadows Public Access

Easements in the Kenai National Wildlife Refuge

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to restrict

public access and use of the public easements in the Moose Range

Meadows area within the boundary of the Kenai National Wildlife Refuge

(Refuge). Public access and use will be prohibited on the Service-

managed easements from July 1 through August 15 annually.

This seasonal closure is necessary to prevent incompatible levels

of bank degradation that occur along the easements due to intensive

bank angling during the sockeye (red) salmon fishery each summer.

Concentrated bank angling along the easements has led to unacceptable

levels of vegetation destruction and accelerated erosion of the

riverbank. Healthy riverbank habitats are important in maintaining the

River's famous anadromous and resident fish populations and in meeting

the primary purpose of the Refuge.

DATES: Written comments must be received by May 18, 1998.

ADDRESSES: Written comments should be addressed to Regional Director,

U.S. Fish and Wildlife Service, ATTN: Bob Stevens, 1011 E. Tudor Road,

Anchorage, AK 99503.

FOR FURTHER INFORMATION CONTACT:

Robin West, Refuge Manager, Kenai National Wildlife Refuge, telephone:

nt fish populations and in meeting

the primary purpose of the Refuge.

DATES: Written comments must be received by May 18, 1998.

ADDRESSES: Written comments should be addressed to Regional Director,

U.S. Fish and Wildlife Service, ATTN: Bob Stevens, 1011 E. Tudor Road,

Anchorage, AK 99503.

FOR FURTHER INFORMATION CONTACT:

Robin West, Refuge Manager, Kenai National Wildlife Refuge, telephone:

(907) 262-7021; or Bob Stevens, Public Involvement Specialist,

telephone: (907) 786-3499.

SUPPLEMENTARY INFORMATION:

Background

The Service manages two public use easements on the banks of the

Kenai River within lands conveyed to the Salamatof Native Association,

Inc. The easements were reserved under terms of the August 17, 1979,

stipulated settlement agreement between the United States, Cook Inlet

Region Inc., and Salamatof Native Association Inc. The subject

easements were reserved ``* * * for the public at large to walk upon or

along such banks, to fish from such banks or to launch or beach a boat

upon such banks * * *'' In addition, two access easements were also

reserved from existing roadways to the river bank easements under the

same agreement. Use of the two access easements was limited to foot

travel or wheelchairs.

The level of foot traffic and use on the river bank easements has

increased dramatically since the mid-1980's. The development and growth

of the sockeye salmon sport fishery is the principal activity which has

led to this high level of public use. In recent years, use has grown to

the point where impacts to the vegetated banks of the Kenai River are

readily apparent.

Discussions and meetings among Service staff, landowners, users,

and other State and Federal managing agencies on how to deal with

increasing use of the easements have been ongoing since the late

1980's. In 1995, the Kenai National Wildlife Refuge Manager (Refuge

Manager) issued an emergency closure of portions of the public access

easements pursuant to the authorities granted in 50 CFR 36.42

Discussions and meetings among Service staff, landowners, users,

and other State and Federal managing agencies on how to deal with

increasing use of the easements have been ongoing since the late

1980's. In 1995, the Kenai National Wildlife Refuge Manager (Refuge

Manager) issued an emergency closure of portions of the public access

easements pursuant to the authorities granted in 50 CFR 36.42. In

issuing the emergency closure, the Refuge Manager determined that the

human-caused bank degradation occurring as a result of the intensive

bank angling effort was incompatible with the Refuge's purpose to, ``*

* * conserve fish and wildlife populations and habitats in their

natural diversity including, but not limited to, moose, bears, mountain

goats, Dall sheep, wolves and other furbearers, salmonids and other

fish, waterfowl and other migratory and nonmigratory birds'', [Alaska

National Interest Lands Conservation Act (ANILCA), Pub. L. 96-487, 94

Stat. 2371, 2391, Section 303(4)(B)(i)]. By regulation, this emergency

action was limited to 30 days in duration.

Following the closure in 1995, the Refuge Manager prepared an

environmental assessment (EA), with full public involvement, to analyze

the management alternatives for the Moose Range Meadows access

easements (copies of the EA may be obtained from the Refuge Manager).

Through the EA process, the Service selected a management alternative

that would permanently close the easements on a seasonal basis. A

temporary closure during the peak use season of 1996 was instituted

pursuant to 50 CFR 36.42 as an interim management measure. This

rulemaking action is a necessary part of implementing the preferred

alternative to make permanent the seasonal use closure

66 (16 U.S.C. 668 dd-ee) as amended, authorizes the Secretary under

such regulations as he/she may prescribe to permit the use of any area

within the National Wildlife Refuge System for any purpose whenever he/

she determines that such uses are compatible with the major purposes

for which such areas were established.

The National Wildlife Refuge System Improvement Act (NWRSIA) of

1997 (Pub. L. 105-57) amends and builds upon the NWRSAA in a manner

that provides a strong and singular wildlife conservation mission for

the Refuge System; it includes a requirement:

To maintain the biological integrity, diversity and

environmental health of the System;

That no refuge use may be allowed unless it is first

determined to be compatible; and

That wildlife-dependent recreational uses (including

hunting, fishing, wildlife observation and photography, and

environmental education and interpretation), when determined to be

compatible, will receive priority consideration over other public uses

in refuge planning and management.

The NWRSIA serves to ensure that the Refuge System is effectively

managed as a national system of lands, waters and interests for the

protection and conservation of our nation's wildlife resources;

however, if any conflict arises between any provision of NWRSIA and any

provision of the ANILCA, then the provision in the ANILCA shall

prevail.

Section 304 of ANILCA requires the Secretary to impose such terms

and conditions as may be necessary and appropriate to ensure that any

activities carried out on a national wildlife refuge in Alaska under

any authority are compatible with the purposes of the Refuge.

The RRA, NWRSAA and NWRSIA and ANILCA authorize the Secretary to

issue regulations to carry out the purposes of the Acts and regulate

uses.

This rule is being proposed to manage public use of Service managed

easements in a manner that is compatible with Refuge purposes as

defined in section 303(4)(B) of ANILCA

uge in Alaska under

any authority are compatible with the purposes of the Refuge.

The RRA, NWRSAA and NWRSIA and ANILCA authorize the Secretary to

issue regulations to carry out the purposes of the Acts and regulate

uses.

This rule is being proposed to manage public use of Service managed

easements in a manner that is compatible with Refuge purposes as

defined in section 303(4)(B) of ANILCA. The Service further determined

that this action is in accordance with the provisions of all applicable

laws, is consistent with principles of sound fish and wildlife

management, helps implement Executive Orders 12996 (Management and

Public Use of the National Wildlife Refuge System) and 12962

(Recreational Fisheries) and is otherwise in the public interest by

regulating recreational opportunities at national wildlife refuges.

Sufficient funds will be available within the refuge budgets to operate

the hunting and sport fishing programs.

Request for Comments

A public hearing on this proposed rule was advertised in Alaska and

held on March 19, 1997, at the Kenai Peninsula Borough building in

Soldotna, Alaska. Department of Interior policy is, wherever

practicable, to afford the public a meaningful opportunity to

participate in the rulemaking process. A 60-day comment period is

specified in

order to both facilitate public input and move forward to protect

important refuge resources. Accordingly, interested persons may submit

written comments concerning this proposed rule to the persons listed

above under the heading ADDRESSES. All substantive comments will be

reviewed and considered.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq., 5 CFR Part

1320, Pub. L. 04-13)

These proposed regulations have been examined under the Paperwork

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

collection requirements.

Executive Order 12866

The document is not a significant rule subject to Office of

Management and Budget review under Executive order 12866.

d.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq., 5 CFR Part

1320, Pub. L. 04-13)

These proposed regulations have been examined under the Paperwork

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

collection requirements.

Executive Order 12866

The document is not a significant rule subject to Office of

Management and Budget review under Executive order 12866.

Regulatory Flexibility Act determination (5 U.S.C. 601 et seq.)

This rulemaking will not have a significant economic impact on a

substantial number of small entities by decreasing visitation and

expenditures in the surrounding area of Kenai NWR. This is not a

fishing closure and the same number of anglers will continue to fish

the Kenai River. They will simply access the river in a different

location.

Since the first emergency closure in 1995 the public use has

continued to increase. Many of these people are local or own summer

homes along the river. They will continue to pay for fishing licenses,

magazines, membership dues, contributions, land leasing, ownership,

stamps, tags, permits and tackle.

Economic impacts of refuge fishing programs on local communities

are calculated from average expenditures in the ``1996 National Survey

of Fishing, Hunting, and Wildlife-Associated Recreation''. In 1996,

35.2 million U.S. residents 16 years old and older enjoyed a variety of

fishing opportunities throughout the United States. Anglers fished 626

million days and took 507 million fishing trips. They spent almost $38

billion on fishing-related expenses during the year. Among the 29.7

million freshwater anglers, including those who fished in the Great

Lakes, but not Alaska, 515 million days were spent and 420 million

trips were taken freshwater fishing. Freshwater anglers spent $24.5

billion on freshwater fishing trips and equipment.

Saltwater fishing attracted 9.4 million anglers who enjoyed 87

million trips on 103 million days. They spent $8.1 billion on their

trips and equipment

eshwater anglers, including those who fished in the Great

Lakes, but not Alaska, 515 million days were spent and 420 million

trips were taken freshwater fishing. Freshwater anglers spent $24.5

billion on freshwater fishing trips and equipment.

Saltwater fishing attracted 9.4 million anglers who enjoyed 87

million trips on 103 million days. They spent $8.1 billion on their

trips and equipment. Trip-related expenditures for food, lodging, and

transportation were $15.4 billion; equipment expenditures amounted to

$19.2 billion; other expenditures such as those for magazines,

membership dues, contributions, land leasing, ownership, licenses,

stamps, tags, and permits accounted for $3.2 billion, or 19.2 percent

of all expenditures. Overall, anglers spent an average of $41 per day

in the lower 48 states and projecting a 25 percent cost of living

increase for Alaska, spent an average of $51 per day in Alaska.

Five hundred angler-days, based on past creel surveys in the

proposed closure areas, will continue to have the same economic impact

($51./angler-day) on local economies because these anglers that used

the closure area will continue to purchase supplies, food or lodging in

the area of the refuge, during the time of the closure resulting in a

continuation of $25,500 to the local economy.

The Department of the Interior certifies that this document will

not have a significant economic effect on a substantial number of small

entities such as businesses, organizations and governmental

jurisdictions in the area under the Regulatory Flexibility Act of 1980

(5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq., Pub.

L. 104-4, E.O. 12875)

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.

Civil Justice Reform (E.O. 12988)

1980

(5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq., Pub.

L. 104-4, E.O. 12875)

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.

Civil Justice Reform (E.O. 12988)

The Department has determined that this proposed regulation meets

the applicable standards provided in Sections 3(a) and 3(b)(2) of

Executive Order 12988.

National Environmental Policy Act (42 U.S.C. 4321 et seq., 40 CFR

Part 1500, 516 DM)

The Service complied with the National Environmental Policy Act of

1969 (NEPA) (42 U.S.C. 4332(C)) by completing an environmental

assessment following the emergency fishing closure in 1995. On May 9,

1996, a Decision Notice and Finding of No Significant Impact was

signed. Copies of the EA may be obtained from the Kenai National

Wildlife Refuge, P.O. Box 2139, Soldotna, Alaska 99669; telephone:

(907) 262-7021. No further documentation is required by the National

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

Section 7 Consultation (16 U.S.C. 1531 et seq., 50 CFR 402)

The Service reviewed the opening package documents for the proposed

seasonal closure of the Moose Range Meadows public access easements in

the Kenai National Wildlife Refuge with regards to Section 7 of the

Endangered Species Act of 1973 (16 U.S.C. 1531-1543). There are no

listed or candidate species present in this area of the refuge. The

Service finds the action as presented will not jeopardize the continued

existence of any endangered species or threatened species or result in

the destruction or adverse modification of habitat of such species.

Intergovernmental Review of Federal Programs (E.O. 12372, 43 CFR

Part 9, and the Intergovernmental Cooperation Act of 1968)

or candidate species present in this area of the refuge. The

Service finds the action as presented will not jeopardize the continued

existence of any endangered species or threatened species or result in

the destruction or adverse modification of habitat of such species.

Intergovernmental Review of Federal Programs (E.O. 12372, 43 CFR

Part 9, and the Intergovernmental Cooperation Act of 1968)

The Service reviewed this rule under E.O. 12372 and accommodated

the recommendations of State and local governments concerning Federal

programs affecting their jurisdictions.

Primary Author

Mark Chase, Deputy Refuge Manager of the Kenai National Wildlife

Refuge, is the primary author of this proposed rulemaking document.

List of Subjects in 50 CFR Part 36

Alaska, Recreation and recreation areas, Reporting and

recordkeeping requirements, Wildlife refuges. Accordingly, the Service

proposes to amend part 36 of chapter I of title 50 Code of Federal

Regulations as follows:

PART 36--[AMENDED]

1. The authority citation for Part 36 is revised 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. Amend Sec. 36.39 by adding paragraph (i)(7)(ix) to read as

follows:

Sec. 36.39 Public Use.

* * * * *

(i) * * *

(7) * * *

(ix) From July 1 to August 15, and annually thereafter, the public

may not use or access any portion of the 25-foot wide public easements

along both banks of the Kenai River within the Moose Range Meadows

area; or along the Homer Electric Association Right-of-Way from Funny

River Road and Keystone Drive to the downstream limits of the

streamside easements. The

* * * * *

(i) * * *

(7) * * *

(ix) From July 1 to August 15, and annually thereafter, the public

may not use or access any portion of the 25-foot wide public easements

along both banks of the Kenai River within the Moose Range Meadows

area; or along the Homer Electric Association Right-of-Way from Funny

River Road and Keystone Drive to the downstream limits of the

streamside easements. The

Kenai Refuge Manager has a map available for anglers and the general

public to locate the above closures by referring to Sections 1, 2, and

3 of Township 4 North, Range 10 West, Seward Meridian.

* * * * *

Dated: March 2, 1998.

Donald J. Barry,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 98-6915 Filed 3-17-98; 8:45 am]

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