[Federal Register: September 30, 2005 (Volume 70, Number 189)]
[Proposed Rules]               
[Page 57242-57247]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 36

RIN 1018-AU08

Refuge-Specific Public Use Regulations for Kodiak National 
Wildlife Refuge

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.


SUMMARY: The Fish and Wildlife Service (Service) proposes to open 
private lands within the boundaries of Kodiak National Wildlife Refuge 
in Alaska to public use, with a permit, complying with our commitments 
made under a Conservation Easement among the United States, the State 
of Alaska, and Koniag, Inc. The Conservation Easement furthers the 
missions of the Service and the National Wildlife Refuge System and the 
purposes of Kodiak National Wildlife Refuge. The easement lands

[[Page 57243]]

affected by this rule are along Karluk River and Karluk Lake on Kodiak 
Island, Alaska. The rule will apply as long as the easement is in 
place. Without this rule, the Service would fail to comply with the 
terms of the Conservation Easement.

DATES: We must receive your comments on or before October 31, 2005.

ADDRESSES: Submit written comments to Abbey Kucera, Kodiak National 
Wildlife Refuge, 1390 Buskin River Road, Kodiak, Alaska 99615. See 
Request for Public Comments section of SUPPLEMENTARY INFORMATION for 
information on electronic submission.

FOR FURTHER INFORMATION CONTACT: Abbey Kucera (907) 487-2600; Fax (907) 

SUPPLEMENTARY INFORMATION: Kodiak National Wildlife Refuge was 
established in 1941 by Executive Order for the purpose of protecting 
the natural feeding and breeding ranges of brown bears and other 
wildlife on Uganik and Kodiak Islands. The lands now under the 
Conservation Easement were once refuge lands. The Alaska Native Claims 
Settlement Act of 1971 (43 U.S.C. 1601-1624) (Act) allowed refuge lands 
to be conveyed to Alaska Native Corporations established under the Act, 
including the lands now covered by this Conservation Easement. In 2002, 
the Conservation Easement was signed, calling for these lands to be 
managed similarly to refuge lands and requiring refuge-issued permits 
for most public recreational use of the Karluk River and Karluk Lake 

Background About Kodiak Refuge

    The Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 
et seq., 43 U.S.C. 1602) expanded the purposes for which Kodiak 
National Wildlife Refuge was established to include: (i) To conserve 
fish and wildlife populations [and] habitats in their natural diversity 
including, but not limited to, Kodiak brown bears, salmonids, sea 
otters, sea lions and other marine mammals and migratory birds; (ii) to 
fulfill the international treaty obligations of the United States with 
respect to fish and wildlife and other 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.
    Kodiak Refuge encompasses almost two million acres in southwestern 
Alaska, including about two-thirds of Kodiak Island. The city of 
Kodiak, where refuge headquarters are located, is about 250 air miles 
south of Anchorage, about 20 miles northeast of the refuge boundary on 
Kodiak Island, and about 60 air miles northeast of Karluk Lake.
    Kodiak Refuge is characterized by a large range of habitats within 
a relatively small geographic area. Because of this, the refuge 
supports some of the highest densities of brown bears, nesting bald 
eagles, and spawning salmon found anywhere in North America. The 
mountainous interior of Kodiak Island, with several peaks over 4,000 
feet in elevation, is covered by lush, dense vegetation during the 
summer, with alpine vegetation on the highest slopes. No place on the 
refuge is more than 15 miles from the ocean. Access to the refuge is 
primarily by float plane and boat. Karluk River and Karluk Lake have 
runs of all five species of Pacific Salmon (chinook, sockeye, coho, 
pink, and chum) and steelhead. Rainbow trout, Dolly Varden, and Arctic 
char are also found there.
    Kodiak Refuge was established primarily to protect the brown bear. 
With an estimated population of 2,100 bears, the refuge contains some 
of the best brown bear habitat in the world supporting some of the 
highest concentrations of brown bear found anywhere in the world. These 
bears feed on spawning salmon and forage throughout most of the refuge. 
The Karluk River drainage is one of the most important fisheries to 
bears, with up to 200 bears using the Karluk area from mid-June to the 
end of September.
    Under our regulations implementing the Alaska National Interest 
Lands Conservation Act (50 CFR 36.31), all refuge lands in Alaska are 
open to public recreational activities as long as such activities are 
conducted in a manner compatible with the purposes for which the refuge 
was established. Such recreational activities include, but are not 
limited to: sightseeing, nature observations and photography, sport 
hunting, sport fishing, boating, camping, hiking, picnicking, and other 
related activities (50 CFR 36.31(a)). The National Wildlife Refuge 
Administration Act of 1966 (16 U.S.C. 668dd-668ee), as amended by the 
National Wildlife Refuge System Improvement Act of 1997, defines 
``wildlife-dependent recreation'' and ``wildlife-dependent recreational 
use'' as ``hunting, fishing, wildlife observation and photography, or 
environmental education and interpretation'' (16 U.S.C. 668ee(2)). We 
encourage these uses, and they will receive emphasis in management of 
the public use of the refuge.

Key Provisions of the Conservation Easement

    The Conservation Easement was established in 2002 for 10 years with 
an option to renew it for another 10 years. Koniag agrees to confine 
use of Conservation Easement lands to fish and wildlife management and 
conservation activities, subsistence gathering activities, 
archaeological investigations, and recreational activities. We agree to 
establish, maintain, and enforce a permit system that imposes specific 
limits on the level and location of public recreational use on lands 
within a \1/2\-mile band on either side of the Karluk River and lands 
within \1/2\ mile of the shoreline of Karluk Lake. We are required to 
conduct a study to establish such limits. The study must consider 
whether the impact of public use may be reduced to satisfactory levels 
by measures such as public education, and we are required to consider 
these measures prior to restricting public access. However, while we 
are conducting this study, we must annually limit the number of 
recreational visitors to the area during the period June 10 through 
July 15 (limited-use period) to a maximum of 70 scheduled visitors on 
any day. The 70-per-day limit applies to both visitors obtaining 
permits from us (currently limited to 28 people per day) and visitors 
using the area as clients of guides authorized by Koniag, Inc. 
(currently limited to 42 people per day).
    We began requiring permits for visitors to the area in 2002, under 
the authority of temporary restrictions issued by the Refuge Manager. 
The proposed regulation will replace these temporary restrictions and 
allow us to continue to implement the Conservation Easement. We began 
the required study in 2002 and anticipate completing it in 2005. In the 
interim, parties of up to six people may apply together for permits 
issued by the refuge; permits are issued for each member of the party. 
Each individual may obtain only one nontransferable permit for a visit 
of up to 7 consecutive days during a calendar year. Parties will apply 
by a deadline established by the refuge and, will be selected by 
lottery if there are more visitors than scheduled visits available. 
Remaining available scheduled visits will be allocated on a first come, 
first-served basis. To date, we have not had visitor use reach the 
limit of 70 people per day during the limited-use period. During the 
remainder of the year, July 16 through June 9, there are no limits on 
the number of permits available; visitors

[[Page 57244]]

apply for permits individually and permits are issued to individuals.
    In summary, the Conservation Easement allows the Service to open 
and manage public use of private lands. It also requires the Service to 
establish a permit system for some of these lands. The purpose of the 
proposed regulation is to provide the authority for the Service to 
require visitors to obtain permits to visit easement lands along the 
Karluk River and Karluk Lake.

Plain Language Mandate

    In this rule we use ``you'' to refer to the reader and ``we'' to 
refer to the Service, using the word ``allow'' instead of ``permit'' 
when we do not require the use of a permit for an activity, and using 
active voice. Where the word ``permit'' occurs, a permit is required.

Statutory Authority

    The National Wildlife Refuge System Administration Act 
(Administration Act) of 1966 (16 U.S.C. 668dd-668ee, as amended) and 
the Refuge Recreation Act (Recreation Act) of 1962 (16 U.S.C. 460k-
460k-4) govern the administration and public use of refuges.
    The Recreation Act authorizes the Secretary to administer areas 
within the Refuge System for public recreation as an appropriate 
incidental or secondary use only to the extent that doing so is 
practicable and not inconsistent with the primary purpose(s) for which 
Congress and the Service established the areas. The Recreation Act 
requires that any recreational use of refuge lands be compatible with 
the primary purpose(s) for which we established the refuge and not 
inconsistent with other previously authorized operations.
    The Administration Act and Recreation Act also authorize the 
Secretary to issue regulations to carry out the purposes of the Acts 
and regulate uses.
    Section 1302(a) of the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3192(a)) and the National Wildlife Refuge Administration 
Act as amended by the Refuge Improvement Act of 1997 (16 U.S.C. 668dd) 
authorized us to enter into the Conservation Easement with Koniag, 
Inc., and the State of Alaska.

Request for Comments

    You may comment on this proposed rule by any one of several 
    1. Federal eRulemaking Portal at http://www.regulations.gov. Follow 

the instructions at that site for submitting comments.
    2. You may mail comments to Abbey Kucera, Kodiak National Wildlife 
Refuge, 1390 Buskin River Road, Kodiak, AK 99615.
    3. You may comment via the Internet to Abbey_Kucera@fws.gov. 
Please submit Internet comments as an ASCII file, avoiding the use of 
special characters and any form of encryption. Please also include: 
``Attn: 1018-AU08'' and your full name and return mailing address in 
your Internet message. If you only use your e-mail address, we will 
consider your comment to be anonymous and will not consider it in the 
final rule. If you do not receive a confirmation from us that we have 
received your Internet message, contact us directly at (907) 487-2600 
or toll-free at (888) 408-3514.
    4. You may fax comments to Abbey Kucera, Kodiak National Wildlife 
Refuge, at 907-487-2144.

    5. Finally, you may hand-deliver or courier comments to the address 
given above.
    We seek comments on this proposed rule and will accept comments by 
any of the methods described above. We make comments, including the 
names and home addresses of respondents, available for public review 
during regular business hours. Individual respondents may request that 
we withhold their home addresses from the rulemaking record, which we 
will honor to the extent allowable by law. In some circumstances, we 
would withhold from the rulemaking record a respondent's identity, as 
allowable by law. If you wish us to withhold your name and/or address, 
you must state this request prominently at the beginning of your 
comment. However, we will not consider anonymous comments. We will make 
all submissions from organizations or businesses and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses available for public inspection in their entirety.
    Department of the Interior policy is, whenever practicable, to 
afford the public a meaningful opportunity to participate in the 
rulemaking process. We considered providing a 60-day, rather than a 30-
day, comment period. However, we determined that an additional 30-day 
delay in processing this refuge-specific regulation would jeopardize 
visitors' ability to obtain permits in a timely fashion. Since many 
people who visit the area are from outside Alaska, allowing people to 
obtain permits earlier allows time for these visitors to make travel 
arrangements. The proposed rule is an extension of practices 
successfully implemented by refuge staff for the last 2 years as a 
trial period under a temporary restriction. We must administer the 
public use program on the Karluk drainage using permits or we will 
violate the Conservation Easement. Without the permit system in place, 
general public use of these private lands would not be allowed.
    When finalized, we will incorporate this regulation into 50 CFR 
36.39(j). Part 36 contains general provisions for use and management of 
all Alaska National Wildlife Refuges and supplements the general 
National Wildlife Refuge System regulations found in title 50 CFR 
Chapter I, subpart C.

Clarity of This Regulation

    Executive Order (E.O.) 12866 requires each agency to write 
regulations that are easy to understand. We invite your comments on how 
to make this rule easier to understand, including answers to questions 
such as the following: (1) Are the requirements in the rule clearly 
stated? (2) Does the rule contain technical language or jargon that 
interferes with its clarity? (3) Does the format of the rule (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce its clarity? (4) Would the rule be easier to understand if it 
were divided into more (but shorter) sections? (5) Is the description 
of the rule in the Supplementary Information section of the preamble 
helpful in understanding the rule? (6) What else could we do to make 
the rule easier to understand? Send a copy of any comments on how we 
could make this proposed rule easier to understand to: Office of 
Regulatory Affairs, Department of the Interior, Room 7229, 1849 C 
Street, NW., Washington, DC 20240. You may e-mail your comments to 

Regulatory Planning and Review

Executive Order 12866

    In accordance with the criteria in E.O. 12866, the Service asserts 
that this rule is not a significant regulatory action. The Office of 
Management and Budget (OMB) makes the final determination under E.O. 
    a. This rule would not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of government. A brief assessment to 
clarify the costs and benefits associated with this rule follows.
    This rule would require a permit for recreational activities on 
Conservation Easement land, which is owned by Koniag, Inc., and is 
within the boundaries of Kodiak National Wildlife Refuge in Alaska. The 
easement land is within \1/2\ mile of the Karluk River and

[[Page 57245]]

Karluk Lake shoreline. To access the area, visitors must: (1) Have a 
permit from the refuge; (2) be a concessionaire or a client of a 
concessionaire authorized by Koniag, Inc.; or (3) be an authorized 
subsistence user. The baseline (status quo) is defined as the 
conditions before the temporary restriction was adopted. Therefore, all 
permits associated with the Conservation Easement land are new.
    Visitation to the easement land consists primarily of anglers 
because of the world class king salmon fishing on the Karluk River. In 
addition to angling, other activities may include hiking, camping, 
hunting, and watching wildlife such as Kodiak brown bears.
    During the limited use period from June 10 to July 15, the maximum 
number of recreational visitors that can access the area is limited to 
70 people per day (28 holding refuge permits and 42 clients of guides 
holding Koniag, Inc., permits). Outside of this limited use time period 
(July 16 to June 9), there is no limit to the number of visitors. In 
all of 2004, 339 visitors were guided with permits from Koniag, Inc., 
and 240 visitors were unguided with permits from Kodiak National 
Wildlife Refuge. Approximately 110 refuge permits were for the limited 
use period and 130 refuge permits were for outside of the limited use 
period. Thus, 579 people visited the Karluk River and Lake Conservation 
Easement land for recreation in 2004.
    Throughout the temporary restriction, official monitoring of 
visitation has shown that no applicants have been denied access to the 
Conservation Easement land. Therefore, we do not expect that the permit 
requirement will have an effect on the number of users on the easement 
Costs Incurred
    There are no monetary fees for any of these permits. Costs incurred 
are due to the time to fill out the application and time required to 
process the permit application. Applicants need about 15 minutes to 
apply for a permit and fax or mail it to the refuge. Approximately 15 
minutes are needed for the refuge to process an application. The 
majority of applications are electronically produced and faxed to the 
refuge. The average annual time commitment for visitors is 
approximately 60 hours (15 minutes x 240 applications). The average 
annual time commitment for the refuge is about 60 hours (15 minutes x 
240 permits).
Benefits Accrued
    This rulemaking would allow the public to continue to use the lands 
along Karluk River and Karluk Lake. It would provide an official system 
to gather the information necessary to track visitor use and help 
ensure visitor safety. The proposed rulemaking would also better 
distribute the number of visitors throughout the peak season in the 
future if use increased. While the number of visitors is not expected 
to change in the immediate future, if use does increase in the future, 
visitors could continue to experience conditions similar to those today 
along Karluk River and Lake. The permit system would allow the refuge 
to distribute the number of visitors throughout the peak season thus 
avoiding fishing congestion.
    b. This proposed rule would not create inconsistencies with other 
Federal agencies' actions. This action pertains solely to the 
management of Conservation Easement lands within Kodiak National 
Wildlife Refuge.
    c. This proposed rule would not materially affect entitlements, 
grants, user fees, loan programs, or the rights and obligations of 
their recipients. This proposed rule does not affect entitlement 
programs. There are no grants or other Federal assistance programs 
associated with public use of the Conservation Easement.
    d. This proposed rule would not raise novel legal or policy issues. 
This proposed rule requires a permit to access the Koniag Conservation 
Easement land. This proposed rule continues the practice of allowing 
recreational public use of many lands managed by national wildlife 

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act [as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)], 
whenever a Federal agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small government jurisdictions) (5 U.S.C. 601 et 
seq.). However, no regulatory flexibility analysis is required if the 
head of an agency certifies that the rule would not have a significant 
economic impact on a substantial number of small entities. Thus, for a 
regulatory flexibility analysis to be required, impacts must exceed a 
threshold for ``significant impact'' and a threshold for a 
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
would not have a significant economic impact on a substantial number of 
small entities.
    Small businesses that may be affected would include those located 
in Kodiak Island Borough, Alaska. Because this proposed rule is not 
expected to affect recreational activities in the area, this rule would 
not have a significant effect on small businesses engaged in activities 
in the borough. Therefore, we certify that this rule would not have a 
significant economic effect on a substantial number of small entities 
as defined under the Regulatory Flexibility Act. An initial/final 
Regulatory Flexibility Analysis is not required. Accordingly, a Small 
Entity Compliance Guide is not required.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act 5 U.S.C. 804(2). This rule reduces regulatory 
obligations as discussed in Executive Order 12866 above; therefore, 
based on the information included in the Appendix, this rule:
    a. Does not have an annual effect on the economy of $100 million or 
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions; and
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501, 
et seq.), this rule does not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The rule does not have a significant or unique effect 
on State, local, or tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act is not required.

Takings (E.O. 12630)

    In accordance with E.O. 12630, the rule does not have any takings 
implications. This regulation will affect only conservation easement 
lands owned by a willing participant, Koniag, Inc., by allowing public 
use of private lands.

Federalism (E.O. 13132)

    This rule has no Federalism implications to warrant the preparation 
of a Federalism Assessment under E.O.

[[Page 57246]]

13132. Permit holders who choose to fish are regulated by Alaska 
Department of Fish and Game regulations. Guides and their clients must 
be authorized by Koniag, Inc. In negotiating the Conservation Easement, 
we coordinated with State and Tribal governments, and the State of 
Alaska is a party to the Conservation Easement.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that the rule does not unduly burden the judicial system and 
that it meets the requirements of sections 3(a) and 3(b)(2) of the 
Order. A violation of the rule is classified as a misdemeanor offense.

Energy Supply, Distribution, or Use (E.O. 13211)

    On May 18, 2001, the President issued E.O. 13211 on regulations 
that significantly affect energy supply, distribution, and use. E.O. 
13211 requires agencies to prepare Statements of Energy Effects when 
undertaking certain actions. The proposed rule has no effect on energy 
supplies, distribution, and use. Therefore, this action is a not a 
significant energy action and no Statement of Energy Effects is 

Consultation and Coordination With Indian Tribal Governments (E.O. 

    In accordance with E.O. 13175, we have evaluated possible effects 
on federally recognized Indian tribes and have determined there are no 
effects. Koniag consulted with area Tribal governments in drafting the 
Conservation Easement. Other provisions of the Conservation Easement 
provide for preference for certain services be given to Koniag 
shareholders who reside in Larsen Bay or Karluk and to the tribal 
governments of Larsen Bay and Karluk.

Paperwork Reduction Act

    This regulation does not contain any information collection 
requirements other than those already approved by the OMB under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) (OMB Control Number is 
1018-0014). See 50 CFR 36.3 for information concerning that approval. 
We will amend our information collection to include the burden hours 
associated with this regulation. An agency may not conduct or sponsor 
and a person is not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

Endangered Species Act Section 7 Consultation

    No species listed as endangered under the Endangered Species Act is 
known to occur within the easement lands. In 2004, a Section 7 
consultation under the Endangered Species Act was conducted for the 
Draft Revised Comprehensive Conservation Plan, Kodiak National Wildlife 
Refuge. This plan includes the proposed management of Conservation 
Easement lands. The plan was found to be fully consistent with Section 
7 of the Endangered Species Act by the Service and the National Marine 
Fisheries Service.

National Environmental Policy Act

    We analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(C)) (NEPA) 
and 516 DM 6, Appendix 1. This rule does not constitute a major Federal 
action significantly affecting the quality of the human environment. An 
environmental impact statement/assessment is not required. A 
categorical exclusion from NEPA documentation applies under the 
Department of the Interior Manual, 516 DM 8 B(10).

Primary Author

    Abbey Kucera, Supervisory Natural Resources Specialist, Kodiak 
National Wildlife Refuge, is the primary author of this rulemaking 

List of Subjects in 50 CFR Part 36

    Alaska, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Wildlife refuges.

    For the reasons set forth in the preamble, we propose to amend 
title 50, part 36, subpart E of the Code of Federal Regulations as 


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

    Authority: 5 U.S.C. 301; 16 U.S.C. 460(k) et seq., 668dd-668ee, 
as amended, 742(a) et seq., 3101 et seq., and 44 U.S.C. 3501 et seq.

    2. Amend Sec.  36.39 by adding paragraph (j)(3) to read as follows:

Sec.  36.39  Public use.

* * * * *
    (j) Kodiak National Wildlife Refuge. * * *
* * * * *
    (3) Permit requirement for Conservation Easement lands. (i) 
Pursuant to the terms of a Conservation Easement held by the United 
States and the State of Alaska, we manage public use of certain lands 
owned by Koniag, Inc. These lands are inholdings within the exterior 
boundaries of the Kodiak National Wildlife Refuge. The Conservation 
Easement was recorded in the Kodiak Recording District, Alaska, on 
December 6, 2002, as document number 2002-003448-0. The lands subject 
to the Conservation Easement to which the permit requirements in this 
subsection apply are all lands within \1/2\ mile of the west shore of 
Karluk Lake, from the lake outlet to the southern boundary of T. 32 S., 
R. 30 W. (surveyed), Seward Meridian; all lands within \1/2\ mile of 
the east shore of Karluk Lake, from the lake outlet to a point due east 
of the north end of Camp Island; and all lands within a \1/2\-mile band 
of land on either side of the Karluk River, from the Karluk Lake outlet 
downstream to the refuge boundary. You are prohibited from using these 
lands unless you have a nontransferrable permit from the refuge, are a 
concessionaire or a client of a concessionaire authorized by Koniag, 
Inc., to provide revenue-producing visitor services, or you are an 
authorized user in accordance with section 7(d) of the Conservation 
Easement. A map is available from the refuge showing the location of 
the easement lands which are subject to the permit requirement.
    (ii) Interim requirements. The Conservation Easement requires us to 
conduct a study to determine the level of use and how the permit system 
will work. The following permit procedures and limits apply only until 
the study is completed, or management of the Conservation Easement is 
changed by agreement of the three parties (Koniag, Inc., State of 
Alaska, and Kodiak National Wildlife Refuge). For the period June 10 to 
July 15 the following conditions apply:
    (A) The maximum number of visitors scheduled on one day is limited 
to 70. Should weather preclude a scheduled visitor from arriving or 
leaving as planned, more than 70 visitors may be on site at the same 
    (B) The 70 visitors are allocated 28 nonguided (permits issued by 
the refuge) and 42 guided (under permits issued by Koniag, Inc.).
    (C) Parties of up to six people may apply together for permits 
issued by the refuge; permits are issued for each member of the party.
    (D) Each individual may obtain only one nontransferable permit for 
a visit of up to 7 consecutive days during a calendar year. Parties 
will apply by a deadline established by the refuge and will be selected 
by lottery if there are more visitors than scheduled visits available. 
Remaining available

[[Page 57247]]

scheduled visits will be allocated on a first come, first-served basis.
    (E) During the remainder of the year, July 16 through June 9, there 
are no limits on the number of permits available; visitors apply for 
permits individually and permits are issued to individuals.

    Dated: September 7, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-19570 Filed 9-29-05; 8:45 am]