[Federal Register: November 17, 2008 (Volume 73, Number 222)]
[Notices]
[Page 67876-67882]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no08-79]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
RIN 1018-AU27
Policy on Wilderness Stewardship
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: We establish policy for implementing the National Wildlife
Refuge System Administration Act of 1966, as amended, and the
Wilderness Act of 1964 as Part 610 Chapters 1-5 of the Fish and
Wildlife Service Manual. In the Wilderness Act, Congress called for the
establishment of a National Wilderness Preservation System to secure an
``enduring resource of wilderness'' for the American public. This
policy updates guidance on administrative and public activities on
wilderness within the National Wildlife Refuge System (Refuge System).
ADDRESSES: You may download a copy of this policy at: http://
www.fws.gov/refuges/policyMakers/NWRpolicies.html or request a copy
from: National Wildlife Refuge System, U.S. Fish and Wildlife Service,
Attn: Nancy Roeper, National Wilderness Coordinator, 4401 North Fairfax
Drive, Room 657, Arlington, VA 22203; fax (703) 358-1929.
FOR FURTHER INFORMATION CONTACT: Nancy Roeper, National Wilderness
Coordinator, National Wildlife Refuge System, U.S. Fish and Wildlife
Service, 4401 North Fairfax Drive, Room 657, Arlington, Virginia 22203
(telephone: 703-358-2389, fax: 703-358-1929).
SUPPLEMENTARY INFORMATION: We published a draft Wilderness Stewardship
policy in the Federal Register on January 16, 2001 (66 FR 3708) and
invited the public to provide comments on the draft policy by March 19,
2001. During this comment period, we received several requests to
extend the comment period. In response to these requests and in order
to ensure that the public had an adequate opportunity to review and
comment on the draft policy, we extended the comment period until April
19, 2001 (66 FR 15136). We reopened the comment period from May 15 to
June 14, 2001 (66 FR 26879). On June 21, 2001, we again reopened the
comment period until June 30, 2001 (66 FR 33268), and corrected the May
15, 2001, notice to reflect that comments received between April 19 and
May 15, 2001, would be considered, and need not be resubmitted.
During the 8 years since publication, we made numerous revisions to
the draft Wilderness Stewardship policy based on public comments and on
internal reviews and discussions by Service managers and staff. We also
developed Intergovernmental Personnel Agreements (IPAs) with
representatives from five States to facilitate an effective means of
involving the State fish and wildlife agencies in the development and
implementation of Refuge System policies and guidance, including the
Wilderness Stewardship policy. The National Wildlife Refuge System
Administration Act of 1966, as amended in 1997 by the Improvement Act
(16 U.S.C. 668dd-668ee, as amended) (Administration Act), requires
that, in administering the Refuge System, the Fish and Wildlife Service
ensure effective coordination, interaction, and cooperation with State
fish and wildlife agencies. (State employees under these agreements are
on assignment to the Service, serve as Service staff, and are subject
to the provisions of law governing the ethical and other conduct of
Federal employees.)
This policy is intended to improve the internal management of the
Service, and it is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or equity by a
party against the United States, its Departments, agencies,
instrumentalities or entities, its officers or employees, or any other
person.
Purpose of This Policy and Authorities
The purpose of this policy is to implement the Administration Act
and the Wilderness Act of 1964, within the Refuge System. This policy
replaces existing policy found in the Refuge Manual at 6 RM 8.
The Administration Act provides a mission and goals for the Refuge
System. As specially designated areas encompassed within the Refuge
System, wilderness directly contributes to the fulfillment of the
mission and goals by, for example, protecting a diversity of fish,
wildlife, plants, and their habitats and providing opportunities for
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compatible wildlife-dependent recreation.
The Wilderness Act of 1964 (16 U.S.C. 1131-1136) provides the basis
for wilderness protection of the Refuge System. It clearly establishes
that, as we carry out the Service mission, the Refuge System mission
and goals, and the individual refuge establishing purposes in areas
designated as wilderness, we do so in a way that preserves wilderness
character. This policy gives refuge managers uniform direction and
procedures for making decisions regarding conservation and uses of the
Refuge System wilderness areas and incorporates provisions of the
Administration Act. The policy prescribes how the refuge manager
preserves the character and qualities of designated wilderness while
managing for refuge establishing purpose(s), maintaining outstanding
opportunities for solitude or a primitive and unconfined type of
recreation, and conducting minimum requirements analyses before taking
any action in wilderness.
United States Border Security
The Department of Homeland Security (DHS) has waived all of the
requirements of a number of Federal statutes, including the
Administration Act and the Wilderness Act, with respect to the
construction of roads and fixed and mobile barriers in areas of high
illegal entry in the vicinity of the southwestern U.S. border. See 73
FR 19078 (April 8, 2008). None of the provisions of the Wilderness Act
or the Service's policy on wilderness Stewardship apply to the
activities determined by DHS to fall within the waiver. However, there
may be other activities related to border security that are
geographically removed from the areas of high illegal entry which are
not covered by the DHS waiver. Where such an activity is proposed to be
located within designated wilderness in the Refuge System and is a
generally prohibited use under the Wilderness Act, the Service will
conduct minimum requirement analyses. This will determine whether the
proposed activities are necessary to administer the area as wilderness
and to accomplish the purposes of the refuge, including Wilderness Act
purposes.
Policy Summary
For clarity, we reorganized the content of the policy from seven
chapters, as first published in 2001, into five chapters as explained
in more detail in ``Summary of Comments and Changes to the Final
Policy.'' It is now organized as follows:
Chapter 1 identifies our priorities in implementing the policy,
establishes the responsibility for wilderness stewardship, defines
terms, describes the broad framework within which we manage wilderness,
discusses the philosophical underpinnings of wilderness, and requires
compliance with the requirements of the Wilderness Act. It also
establishes a process for conducting minimum requirement analyses and
establishes training requirements for specific Service employees.
Chapter 2 addresses general administration, natural and cultural
resource management, and public use management in wilderness. It
clarifies the circumstances under which generally prohibited uses
(temporary roads, motor vehicles, motorized equipment, motorboats,
mechanical transport, landing of aircraft, structures, and
installations) may be necessary for wilderness preservation. It
addresses commercial uses, research, and public access. It affirms that
we will generally not modify ecosystems, species population levels, or
natural processes in refuge wilderness unless doing so maintains or
restores biological integrity, diversity, or environmental health that
has been degraded or is necessary to protect or recover threatened or
endangered species. It describes how we respond to wildland fires and
how we may use prescribed fire. It also explains that in wilderness
areas, we will emphasize providing opportunities for solitude or a
primitive and unconfined type of recreation. Appropriate recreational
uses in wilderness include the six wildlife-dependent recreational uses
(hunting, fishing, wildlife observation and photography, and
environmental education and interpretation) identified in the
Improvement Act if they are compatible and do not involve generally
prohibited uses. The chapter also addresses special needs for persons
with disabilities.
Chapter 3 provides guidance on developing wilderness stewardship
plans (WSP). The WSP is a step-down management plan that provides
detailed strategies and implementation schedules for meeting the
broader wilderness goals and objectives identified in the refuge
comprehensive conservation plan. The WSP also includes minimum
requirement analyses for all refuge management activities and
compatibility determinations for refuge uses in the wilderness area.
Chapter 4 describes the three-part process we follow in conducting
wilderness reviews in accordance with the refuge planning process
outlined in the planning policy (602 FW 1, 3, and 4). We conduct an
inventory to identify areas that meet the basic definition of
wilderness and carry out a study to evaluate all the values, resources,
and uses within the area. The findings of the study determine whether
we will recommend an area for designation as wilderness.
Chapter 5 addresses special provisions of the Alaska National
Interest Lands Conservation Act (ANILCA) (16 U.S.C. 4lOhh-3233, 43
U.S.C. 1602-1784) for wilderness stewardship in Alaska. The chapter
consolidates and adds to the provisions that were scattered throughout
the policy in the previous draft.
Summary of Comments and Changes to the Final Policy
We received approximately 4,130 comment letters in response to the
2001 publication in the Federal Register. The comments were from
Federal, State, and local government agencies; nongovernmental
organizations; and individuals. Some comments addressed specific
elements in the draft policy, while many comments expressed general
support without addressing specific elements. We considered all of the
information and recommendations for improvement included in the
comments and made appropriate changes to the draft policy.
In general, we combined chapters 1 and 2 of the proposed policy
into chapter 1 (General Overview); combined chapters 3, 4, and 5 of the
proposed policy into chapter 2 (Wilderness Administration and Resource
Stewardship); renumbered chapter 6 as chapter 3 (Wilderness Stewardship
Planning); and renumbered chapter 7 as chapter 4 (Wilderness Review and
Evaluation). We added a new chapter 5 to cover special provisions for
wilderness in Alaska, which were scattered throughout the draft policy.
Key to Changes From the 2001 Draft Policy to the Final Policy
The following table compares the format of the 2001 draft and final
policies. The table lists each section in chapters 1-5 of the final
policy and indicates whether the section is new or where the
information was located in the 2001 draft policy.
[[Page 67878]]
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Final policy 2001 Draft policy
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Chapter 1 General Overview of Wilderness Stewardship Policy
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1.1 What is the purpose of Part 610 and this chapter? 1.1.
1.2 What does this chapter cover? 1.2.
1.3 What are the authorities for this policy? 1.3.
1.4 What are the priorities in implementing this policy? New.
1.5 What do these terms mean? 1.6.
1.6 Who is responsible for wilderness stewardship in the Service? 1.4.
1.7 What is wilderness? New.
1.8 What are the purposes of the Wilderness Act? 2.7.
1.9 What is the National Wilderness Preservation System (NWPS)? New.
1.10 How does the Service coordinate stewardship of the NWPS with other Federal 2.19.
agencies?
1.11 How does the Service coordinate wilderness stewardship with State fish arid 1.5.
wildlife agencies?
1.12 What is the broad framework the Service uses to administer wilderness? 2.4.
1.13 What is wilderness character? 2.5.
1.14 What are the principles for administering wilderness? 2.6.
1.15 What is the relationship between wilderness stewardship and compatibility? New.
1.16 What activities does the Service prohibit in wilderness? 2.9, 2.11.
1.17 How do refuge managers accomplish both the establishing purpose(s) of a 2.8.
refuge and the purposes of the Wilderness Act?
1.18 How does the Service determine if a proposed refuge management activity is 2.10, 2.15.
the minimum requirement for administering the area as wilderness and necessary
to accomplish the purposes the refuge, including Wilderness Act purposes?
1.19 When must the Refuge System conduct a minimum requirement analysis? 2.14.
1.20 Who makes minimum requirement decisions? 2.16.
1.21 What is the relationship of the Minimum Requirement Analysis to the New.
requirements of the National Environmental Policy Act?
1.22 What effects do emergencies have on the uses generally prohibited by the 2.13.
Wilderness Act?
1.23 What effect does the Department of Homeland Security waiver of the New.
Administration Act and the Wilderness Act have on the uses generally prohibited
by the Wilderness Act?
1.24 What are the training requirements for Refuge System staff? 1.7.
1.25 What are the training requirements for Endangered Species and fisheries and 1.8.
Habitat Conservation staff?
1.26 When should State employees attend wilderness training? 1.9.
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Chapter 2 Wilderness Administration and Resource Stewardship
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2.1 What is the purpose of this chapter? 3.1.
2.2 What does this chapter cover? 3.2.
2.3 What are the authorities that directly affect wilderness stewardship on 3.3.
Service lands?
2.4 What is the Service's general policy for wilderness administration and the 3.4.
stewardship of natural and cultural resources in wilderness?
2.5 Can the Service allow structures and installations in wilderness? 3.5A., 4.13.
2.6 Can the Service allow roads and trails in wilderness? 3.5B. and C., 4.13H.
2.7 Can the Service allow use of motorized vehicles, motorized equipment, and 3.5D.
mechanical transport in wilderness?
2.8 Can the Service manage aircraft use in and over wilderness? 3.6A., 4.6E.
2.9 How does wilderness designation affect existing private rights? New.
2.10 Can the Service authorize access through wilderness to non-Federal land 3.5E.
where rights to access do not exist?
2.11 Can the Service authorize rights-of-way in wilderness? 3.5G.
2.12 Can the Service authorize commercial enterprises and services in wilderness? 3.5F.
2.13 How does the Service manage permits for commercial services? 3.5F.
2.14 Can the Service authorize mineral exploration and development activities in 3.5H.
wilderness areas?
2.15 Will the Service propose names for geographic features in wilderness? 3.51.
2.16 How does the Service conserve wildlife and habitat in 2.12, wilderness? 3.6C.
2.17 Can the Service introduce, transplant, or stock fish, wildlife, and plants 3.6C.(3).
in wilderness?
2.18 Can the Service use livestock grazing as a refuge management economic 3.6C.(2).
activity?
2.19 Can the Service control invasive species, pests, and diseases in wilderness? 3.6C.(4).
2.20 Can the Service control predation in wilderness? 3.6C.(6).
2.21 What is the Service's general policy for managing wilderness fires? 5.4.
2.22 Can the Service manage wildland fire in wilderness? 5.5.
2.23 Can the Service use prescribed fire in wilderness? 5.6.
2.24 How does the Service accomplish emergency stabilization and rehabilitation New.
in wilderness following a wildfire?
2.25 How does the Service protect air resources in wilderness? 3.6.D
2.26 How does the Service protect natural night skies and natural soundscapes in New.
wilderness?
2.27 How does the Service conduct research in wilderness? 3.6.A.
2.28 How does the Service conduct inventory and monitoring 3.6.B, activities in 4.12.
wilderness?
2.29 How does the Service protect cultural resources in wilderness? 3.7.
2.30 What are the Service's general public use guidelines 4.4, for wilderness? 4.5.
2.31 What types of public uses does the Service prohibit in wilderness? 4.6.
2.32 Can the Service allow use and grazing of recreational pack and saddle stock 4.6.C.
in wilderness?
2.33 How does the Service address visitor safety in wilderness? 4.9.
2.34 How does the Service enhance solitude or opportunities for primitive and 4.8.
unconfined recreation in wilderness?
2.35 How can the Service best preserve a quality wilderness experience as well as 4.7.
the wilderness itself?
2.36 How does the Service inform and educate the public about wilderness? 4.10.
2.37 What is the Leave No Trace (LNT) program? 2.17, 4.11.
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2.38 How does the Service address special needs for people with disabilities in 4.14.
wilderness?
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Chapter 3 Wilderness Stewardship Planning
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3.1 What is the purpose of this chapter? 6.1.
3.2 What does this chapter cover? 6.2.
3.3 What are the authorities that directly affect wilderness stewardship on 6.3.
Service lands?
3.4 What is a wilderness stewardship plan (WSP)? 6.4, 6.5.
3.5 Does every wilderness area need a WSP? 6.6.
3.6 Can refuge managers prepare a WSP for wilderness study areas (WSA) New.
recommended for wilderness designation in a finalCCP, recommended wilderness
areas, or proposed wilderness areas?
3.7 Can refuge managers combine other step-down management plans with the WSP? New.
3.8 What should a WSP contain? 6.7.
3.9 How does the Service coordinate with States, other Federal agencies, and New.
tribes in wilderness stewardship planning?
3.10 How does the Service involve the public in wilderness stewardship planning? 6.8.
3.11 How does the Service administer wilderness areas that do not have an 6.9.
approved WSP?
3.12 May the Service decide to implement a WSP that was completed before 6.10.
development of the refuge CCP?
3.13 How frequently should the Service revise WSPs? 6.11.
3.14 How does wilderness stewardship planning work whenService wilderness adjoins 6.12.
wilderness of another Federal agency?
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Chapter 4 Wilderness Review and Evaluation
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4.1 What is the purpose of this chapter? 7.1.
4.2 What does this chapter cover? 7.2.
4.3 What are the authorities that directly affect wilderness reviews and 7.3.
management of WSAs, recommended wilderness, and proposed wilderness on Service
lands?
4.4 What is a wilderness review? 7.4.
4.5 When should the Service conduct a wilderness review? 7.5, 7.7.
4.6 How do wilderness reviews relate to acquisition planning? 7.6.
4.7 How does the Service identify WSAs in the wilderness inventory? 7.8.
4.8 How does the Service evaluate the size criteria to identify a WSA during 7.9.
inventory?
4.9 How does the Service evaluate the naturalness criteria to identify a WSA 7.10.
during inventory?
4.10 How does the Service evaluate outstanding opportunities for solitude or a 7.11.
primitive and unconfined type of recreation during inventory?
4.11 Must an area contain ecological, geological, or other features of 7.12.
scientific, educational, scenic, or historic value to qualify as a WSA?
4.12 What factors does the Service consider when conducting a wilderness study? 7.13.
4.13 In the wilderness study, how does the Service evaluate whether a WSA can be New.
effectively managed as wilderness?
4.14 What is the relationship between the wilderness study conclusions and the New.
final CCP decisions?
4.15 What level of NEPA documentation does the Service require for wilderness New.
proposals?
4.16 How does the Service involve stakeholders in wilderness reviews? New.
4.17 What is the process for the Director's review and approval of wilderness 7.14.
recommendations in CCPs?
4.18 What is included in the wilderness study report? 7.15.
4.19 What additional documents does the Service need to prepare for Secretarial 7.16.
approval of the wilderness recommendation?
4.20 What are the steps for forwarding or reporting the Service's wilderness 7.14.
recommendations?
4.21 What is the Service's general policy for managing WSAs? 7.17.
4.22 What is the Service's general policy for managing recommended wilderness? New.
4.23 What is the Service's general policy for managing proposed wilderness? 7.18.
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Chapter 5 Special Provisions for Alaska Wilderness
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5.1 What is the purpose of this chapter? New.
5.2 What does this chapter cover? New.
5.3 How do the other chapters in the Service's wilderness policy (610 FW 1-4) 1.2, 2.2, 3.2, 4.2, 5.2, 6.2,
apply to Alaska wilderness? 7.2.
5.4 How do the special provisions of ANILCA affect the need for a minimum 2.llA., 3.5A.(3), 3.5D.
requirement analysis (MRA) for proposed refuge management activities and
facilities in Alaska wilderness?
5.5 What special provisions apply to public access for traditional activities and 3.5E.(2).
travel to and from villages and homesites?
5.6 What special provisions apply to access to inholdings in Alaska wilderness 3.5E.(1).
areas?
5.7 What special provisions apply to public access to subsistence resources? 2.18.
5.8 What special provisions apply to authorization of temporary access to non- New.
Federal lands?
5.9 What special provisions apply to helicopter access in Alaska wilderness New.
areas?
5.10 What special provisions apply to rights-of-way for transportation and 3.5G.
utility systems in and across Alaska wilderness areas?
5.11 What special provisions apply to assessment, exploration, and development of 3.5H.(1).
mineral resources on Alaska wilderness areas?
5.12 Does the Service allow the use of motorized equipment in Alaska wilderness 3.5D.
areas?
5.13 What provisions apply to commercial enterprises and services in Alaska 3.5F.
wilderness areas?
5.14 What special provisions apply to management of structures and installations 3.5A.
in Alaska wilderness areas?
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5.15 What temporary facilities and equipment related to the taking of fish and 1.6W., 3.5F.(l).
wildlife does the Service authorize in Alaska wilderness areas?
5.16 What special provisions apply to management of fish populations on Alaska New.
wilderness areas?
5.17 Does the Service conduct wilderness reviews of refuge lands in Alaska? New.
5.18 What is the Service's general policy for managing wilderness study areas New.
(WSAs), recommended wilderness, and proposed wilderness in Alaska?
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Required Determinations.
Regulatory Planning and Review. The Office of Management and Budget
(OMB) has determined that this policy is significant and has reviewed
this policy under Executive Order 12866 (E.O. 12866). OMB bases its
determination upon the following four criteria:
(a) Whether the policy will have an annual effect of $100 million
or more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the policy will create inconsistencies with other
Federal agencies' actions.
(c) Whether the policy will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the policy raises novel legal or policy issues.
Regulatory Flexibility Act. Under the Regulatory Flexibility Act
(as amended by the Small Business Regulatory Enforcement Fairness Act
{SBREFA{time} of 1996) (5 U.S.C. 601, et seq.), whenever a Federal
agency is required to publish a notice of rulemaking for any proposed
or final policy, it must prepare and make available for public comment
a regulatory flexibility analysis that describes the effect of the
policy on small entities (i.e., small businesses, small organizations,
and small government jurisdictions). However, no regulatory flexibility
analysis is required if the head of an agency certifies that the policy
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 policy would not have a significant economic impact
on a substantial number of small entities.
This policy is administrative, legal, technical, and procedural in
nature and provides updated instructions for the maintenance of
wilderness areas on the National Wildlife Refuge System. This policy
does not increase the types of recreation allowed on the System but
establishes an emphasis on the characteristics desired for a wilderness
experience. As a result, there may be opportunities for an increase in
wilderness experiences on national wildlife refuges with designated
wilderness areas. The changes in the wilderness areas are likely to
increase visitor activity on these national wildlife refuges.
From 1999 to 2003, the number of wilderness visitors averaged
501,147 visitors annually, comprising about 1.3 percent of all refuge
visitors. There are insufficient data to provide more than broad
estimates about the effects of this updated policy on public use of
wilderness areas on national wildlife refuges. The Service expects that
refuges that improve the quality of their wilderness areas, and thereby
increase the opportunities for high-quality wilderness experiences,
will see an increase in public use. With this policy, the Service
estimates that on balance there will be up to a 10 percent increase in
the public's use of wilderness areas on refuges. Thus, we expect an
increase of approximately 50,115 wilderness visitors annually.
New recreational user days generate expenditures associated with
recreational activities on refuges' wilderness areas. Due to the
unavailability of site-specific expenditure data, we use the national
estimates from the 2006 National Survey of Fishing, Hunting, and
Wildlife Associated Recreation to identify expenditures for food and
lodging, transportation, and other incidental expenses. Using the
average trip-related expenditures for fishing, hunting, and wildlife
watching activities with the maximum expected additional participation
on the Refuge System yields approximately $1.8 million in wilderness-
related expenditures (50,115 days x $35.35 per day).
By having ripple effects throughout the economy, these direct
expenditures are only part of the economic impact of wilderness
recreation. Using an average national impact multiplier for hunting and
fishing activities (2.72) derived from the reports ``Economic
Importance of Hunting in America'' and ``Sportfishing in America'' for
the estimated increase in direct expenditures yields a total economic
impact of approximately $4.8 million (2007 dollars) (Southwick
Associates, Inc., 2007). (Using a local impact multiplier would yield
more accurate and smaller results. However, we employed the national
impact multiplier due to the difficulty in developing local multipliers
for each specific region.)
Since we know that most of the fishing and hunting occurs within
100 miles of a participant's residence, then it is unlikely that most
of this spending would be ``new'' money coming into a local economy;
therefore, this spending would be offset with a decrease in some other
sector of the local economy. The net gain to the local economies would
be no more than $4.8 million, and most likely considerably less. Since
80 percent of the participants travel less than 100 miles to engage in
hunting and fishing activities, their spending patterns would not add
new money into the local economy. Furthermore, the probability of all
refuges with wilderness programs being upgraded to true wilderness
characteristics, as defined by Congress, is very low. Resource
constraints have kept these refuges from upgrading wilderness
experiences and it is unlikely that this updated policy will cause all
refuges with wilderness designation to upgrade their programs
immediately. As a result, the real impact would be on the order of
$964,000 annually.
Many small businesses within the retail trade industry (such as
hotels, gas stations, taxidermy shops, bait and tackle shops, etc.) may
benefit from increased refuge visitation. A large percentage of these
retail trade establishments near the refuges most likely qualify as
small businesses. We expect that the incremental recreational
opportunities will be scattered across the refuges that offer
wilderness recreational opportunities, and so we do not expect that the
policy will have a significant economic effect (benefit) on a
substantial number of small entities in any region or nationally.
With the small increase in overall spending anticipated from this
policy, it
[[Page 67881]]
is unlikely that a substantial number of small entities will have more
than a small benefit from the increased spending near the affected
refuges. Therefore, we certify that this policy will not have a
significant economic effect on a substantial number of small entities
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
An initial/final Regulatory Flexibility Analysis is not required.
Accordingly, a Small Entity Compliance Guide is not required.
Small Business Regulatory Enforcement Fairness Act. The policy is
not a major policy under 5 U.S.C. 804(2), the Small Business Regulatory
Enforcement Fairness Act. This policy:
a. Does not have an annual effect on the economy of $100 million or
more. The addition of some wilderness experience opportunities at
refuges would generate expenditures by wilderness participants with an
economic impact estimated at $964,000 million per year. Consequently,
the maximum benefit of this policy for businesses both small and large
would not be sufficient to make this a major policy. The impact would
be scattered across the country and would most likely not be
significant in any local area.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This policy will have a small effect
on the expenditures of new participants for wilderness opportunities of
Americans. Under the assumption that all wilderness opportunities would
be of high quality, participants would be attracted to the refuge
system. If the refuge were closer to the participant's residence than
alternative sources of wilderness experiences then a reduction in
travel costs would occur and benefit the participants. The Service does
not have information to quantify this reduction in travel cost but has
to assume that since most people travel less than 100 miles to hunt and
fish, that the reduced travel cost would be small for the additional
days of wilderness activities generated by this policy. This policy is
not expected to significantly affect the supply or demand for
wilderness opportunities in the U.S. and therefore should not affect
prices for equipment and supplies, or the retailers that sell
equipment. Refuge system wilderness opportunities account for a small
portion of the wilderness opportunities available in the contiguous
United States.
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.
Because this policy represents such a small proportion of wildlife
related recreational spending, there will be no measurable economic
effect on the wildlife-dependent industry which has annual sales of
equipment and travel expenditures of $72 billion nationwide. Refuge
visitors averaged 501,147 visits to refuges for wilderness activities
from 1999 to 2003 compared to 37.1 million visitors for all activities
on refuge system lands. This policy seeks to preserve wilderness
characteristics for those participants who want this experience and is
aimed at providing guidance to Federal managers in establishing quality
programs where the opportunity exists for wilderness programs. Refuges
that have or establish wilderness programs may hire additional staff
from the local community to assist with the programs but this would not
be a significant increase with a total of 66 refuges participating.
Consequently, there is no significant employment or small business
effects.
Unfunded Mandates Reform Act. In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501, et seq.):
a. This policy will not ``significantly or uniquely'' affect small
governments. A Small Government Agency Plan is not required. See
B(1)(a).
b. This policy will not produce a Federal mandate of $100 million
or greater in any year, i.e., it is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act. V Takings. In
accordance with Executive Order 12630, the policy does not have
significant takings implications. A takings implication assessment is
not required. This policy will not change the ability of inholders to
access their property, although it may affect the way in which they may
access it. Depending on the specifics of the easements of record,
outstanding rights-of-way, enabling legislation, or other rights
granted by law, inholders may be required to modify their modify their:
routes of entry so that access will be through a non-wilderness area;
method of access, and use non-motorized means; or time of entry, to
disturb the fewest wilderness users.
Federalism. As discussed in B(1)a, this policy does not have
significant Federalism effects to warrant the preparation of a
Federalism Assessment under Executive Order 12612. This policy will not
have substantial direct effects on the States, in their relationship
between the Federal Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Civil Justice Reform. In accordance with Executive Order 12988, it
has been determined that the policy does not unduly burden the judicial
system and meets the requirements of sections 3(a) and 3(b)(2) of the
Order. The policy will clarify established policy and result in better
understanding of the policies by refuge wilderness visitors.
Paperwork Reduction Act. This policy does not require any
information collection from 10 or more parties and a submission under
the Paperwork Reduction Act of 1995 is not required.
National Environmental Policy Act. We have analyzed this policy in
accordance with the criteria of the National Environmental Policy Act
and 40 CFR 1508. This policy does not constitute a major Federal action
significantly affecting the quality of the human environment. This
policy is administrative, legal, technical, and procedural in nature
and provides updated instructions for the stewardship of wilderness
areas on the National Wildlife Refuge System. The environmental effects
are too speculative or conjectural to lend themselves to meaningful
analysis and will later be subjected to the NEPA process on a case-by-
case basis. Extraordinary circumstances may exist for individual
actions that may occur in implementing this policy that would
constitute an exception to the categorical exclusion of the policy as a
whole. Again, those individual actions will be subject to future NEPA
analysis. An environmental assessment is not required at this time.
(See B(1)d.)
Wilderness stewardship plans will need to be developed for all
refuges with wilderness. These plans will either be incorporated
directly into refuge comprehensive conservation plans or as step-down
management plans, pursuant to our refuge planning guidance in 602 FW 1-
3. We prepare these plans in compliance with section 102(2)(C) of NEPA,
and the Council on Environmental Quality's regulations for implementing
NEPA in 40 CFR parts 1500-1508. We invite the affected public to
participate in the review, development, and implementation of these
plans.
Government-to-Government Relationship with Tribes. In accordance
with the President's memorandum of April 29, 1994, ``Government-to-
Government Relations with Native American Tribal Governments'' (59 FR
22951) and 512 DM 2 we have evaluated possible effects on Federally-
recognized
[[Page 67882]]
Indian tribes and have determined that there are no effects. We
coordinate wilderness use on national wildlife refuges with Tribal
governments having adjoining or overlapping jurisdiction.
Dated: November 7, 2008.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E8-27014 Filed 11-14-08; 8:45 am]
BILLING CODE 4310-55-M