[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Proposed Rules]
[Pages 35628-35632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10924]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 36
[Docket No. FWS-R7-NWRS-2017-0058; FXRS12610700000-189-FF07R00000]
RIN 1018-BC74
Refuge-Specific Regulations; Public Use; Kenai National Wildlife
Refuge
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service, we) proposes to
amend its refuge-specific regulations on Kenai National Wildlife Refuge
(NWR) to allow State-regulated trapping, harvest of brown bears over
bait, discharge of firearms along the Kenai and Russian Rivers during
certain times of the year in accordance with State law, increased
access for the public using bicycles and game carts, and the use of
snowmobiles, all-terrain vehicles, and utility task vehicles on certain
lakes when there is adequate snow and ice cover. The purpose of this
proposed rule is to align public use regulations on Kenai NWR with
State of Alaska regulations, align Service and State management of fish
and wildlife to the extent practicable and consistent with Federal law,
enhance consistency with harvest regulations on adjacent non-Federal
lands and waters, and increase access to Federal lands in furtherance
of Secretarial Orders 3347 and 3356.
DATES: We must receive your comments on the proposed rule or the
associated draft environmental assessment on or before August 10, 2020.
Comments submitted electronically using the Federal eRulemaking Portal
(see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on
the closing date.
ADDRESSES:
Comment submission: You may submit comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal:
http://www.regulations.gov. In the Search box, enter FWS-R7-NWRS-2017-
0058, which is the docket number for this rulemaking. Then, click on
the Search button. On the resulting page, in the Search panel on the
left side of the screen, under the Document Type heading, click on the
Proposed Rule box to locate this document. You may submit a comment by
clicking on ``Comment Now!''
By hard copy: Submit your comments by U.S. mail to: Public
Comments Processing, Attn: FWS-R7-NWRS-2017-0058, U.S. Fish and
Wildlife Service, MS: JAO/1N, 5275 Leesburg Pike, Falls Church, VA
22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Participation and Public Availability of Comments,
below, for more information).
Availability of documents: To view supporting documents, including
the draft environmental assessment and comments received on this
proposed rule, go to http://www.regulations.gov and search for Docket
No. FWS-R7-NWRS-2017-0058.
FOR FURTHER INFORMATION CONTACT: Brian Glaspell, Alaska National
Wildlife Refuge Chief, Alaska Regional Office, 1011 East Tudor Road,
Anchorage, AK 99503; telephone: (907-786-3584).
SUPPLEMENTARY INFORMATION:
Background
This proposed rule addresses interests raised by the State of
Alaska regarding the management of Alaska National Wildlife Refuges.
Federal regulations regarding these refuges are found in title 50 of
the Code of Federal Regulations at part 36.
Specifically, this proposed rule considers changes to public use
regulations for Kenai NWR. The proposed regulatory changes relate to
allowing the harvest of brown bears at registered bait stations,
allowing for trapping under State law without a Federal permit,
allowing the discharge of firearms along the Kenai and Russian Rivers
at certain times of year, increasing access by bicycles and game carts,
and allowing snowmobiles, all-terrain vehicles, and utility task
vehicles on certain lakes when there is adequate snow and ice cover.
Refuge management is governed by Federal laws such as the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd), as
amended (Refuge Administration Act); the National Wildlife Refuge
System Improvement Act of 1997, which amended the Refuge Administration
Act (Pub. L. 105-57) (Refuge Improvement Act); and the Alaska National
Interest Lands Conservation Act of 1980 (Pub. L. 96-487) (ANILCA); by
regulations implementing these laws; by treaties; by Service policy;
and by principles of sound resource management that establish standards
for resource management or limit the range of potential activities
(e.g., visitor use opportunities administered via special use
permitting) that may be allowed on the Refuge.
ANILCA authorizes traditional activities such as subsistence; the
exercise of valid commercial fishing rights; and hunting, fishing, and
trapping in accordance with State and Federal laws. Under Service
regulations implementing this direction, public recreational activities
within the Alaska National Wildlife Refuges are authorized as long as
such activities are conducted in a manner compatible with the purposes
for which the areas were established (50 CFR 36.31(a)). Such
recreational activities include but are not limited to sightseeing,
nature observations and photography, hunting, fishing, boating,
camping, hiking, picnicking, and other related activities.
[[Page 35629]]
The Refuge Administration Act, as amended by the Refuge Improvement
Act, defines wildlife-dependent recreation and wildlife-dependent
recreational use as hunting, fishing, wildlife observation and
photography, or environmental education and interpretation. These uses
are encouraged and will receive emphasis in management of public use on
refuges (16 U.S.C. 668dd).
These objectives are reflected in the 2010 Kenai NWR Revised
Comprehensive Conservation Plan and Environmental Impact Statement
(Revised CCP, p. J-6). In addition, ``The Refuge will manage all
recreation use to avoid crowded conditions and to minimize adverse
effects to cultural resources, fish and wildlife, wilderness, and other
special values of the Refuge. `Leave No Trace' will be the standard.
The least intrusive means of managing use will be employed. Actions
that may be taken to manage recreation include limiting commercial
guiding and outfitting; regulating use and access subject to the
provisions of section 1110(a) of ANILCA; and recommending changes in
State and/or Federal fishing, hunting, and/or trapping regulations.
When necessary, recreation opportunities may be seasonally or otherwise
restricted to minimize user conflicts and to protect the natural or
other values of a refuge. Any restrictions on public use will follow
the public participation and closure procedures at 50 CFR 36, 43 CFR
36, or other applicable regulations.'' (Revised CCP, p. J-31).
Secretarial Orders on Recreation and Coordination With Partners
This proposed rule advances the priorities of the Department of the
Interior (DOI) to increase recreational access on the lands and waters
it administers; improve collaboration with States, Tribes, and other
partners in doing so; and align Federal and State regulations, to the
extent practicable and consistent with Federal law. The Secretary has
issued Secretarial Orders and associated guidance to advance these
priorities.
On March 2, 2017, Secretarial Order 3347, Conservation Stewardship
and Outdoor Recreation was signed. Part of the stated purpose of
Secretarial Order 3347 is to increase outdoor recreation and improve
the management of game species and their habitat. Secretarial Order
3347 directs DOI to identify specific actions to (1) expand access
significantly for recreational hunting and fishing on public lands, and
(2) improve recreational hunting and fishing cooperation, consultation,
and communication with State wildlife managers.
On September 15, 2017, the Secretary signed Order 3356, Hunting,
Fishing, Recreational Shooting, and Wildlife Conservation Opportunities
and Coordination with States, Tribes, and Territories. Part of the
stated purpose of Secretarial Order 3356 is for DOI, in greater
collaboration with State partners, to increase outdoor recreation
opportunities for all Americans, including opportunities to hunt.
Secretarial Order 3356, among other things, directs DOI to (1) identify
whether hunting opportunities on DOI lands could be lawfully expanded;
(2) work cooperatively with State wildlife agencies to enhance their
access to DOI lands for wildlife management actions; (3) work
cooperatively with State wildlife agencies to ensure that hunting
regulations for DOI lands and waters complement the regulations on the
surrounding lands and waters; and (4) work in close coordination and
cooperation with the appropriate State wildlife agency to begin the
necessary process to modify regulations in order to advance shared
wildlife conservation goals/objectives that align predator management
programs, seasons, and methods of take permitted on all DOI-managed
lands and waters with corresponding programs, seasons, and methods
established by State wildlife management agencies to the extent legally
practicable.
In addition to generally supporting increased recreational access
on Federal lands and waters, the Administration has made it a priority
to align State regulations with Federal regulations. On September 10,
2018, the Secretary issued a Secretarial memorandum that was issued to
the heads of DOI bureaus and offices recognizing States as the primary
first-line authorities for fish and wildlife management and expressing
a commitment to defer to States in this regard except as otherwise
required by Federal law. The memorandum further directed agencies to
review all regulations, policies, and guidance pertaining to fish and
wildlife conservation and management, specifically provisions that are
more restrictive than otherwise applicable State provisions.
Regulatory Review of Kenai Public Use Regulations
On October 2, 2017, the Service published a document in the Federal
Register notifying the public that we were conducting a regulatory
review of the public use regulations in 50 CFR 36.39 for the Kenai NWR
(82 FR 45793). In cooperation with the State of Alaska, pursuant to the
direction in Secretarial Orders 3347 and 3356, we reviewed the refuge's
public use regulations to consider changes.
During the review, the State of Alaska asked the Service to
reconsider refuge-specific regulations for Kenai NWR that restrict
public access and hunting and fishing opportunities. First, they
requested that the Service eliminate the prohibition on the harvest of
brown bears at bait stations, as the regulation is not related to a
conservation concern and existing State regulations are in effect for
the harvest management of black and brown bears.
Secondly, the State requested that firearm discharge restrictions
along the Kenai and Russian Rivers be removed, as the State already
prohibits firearm discharge in this area during the peak public use
time of June and July and does not consider it necessary to extend the
restriction for public safety. Restricting firearm discharge in that
area later in the year can limit the public's ability to use public
lands for priority public uses, such as for moose and brown bear
hunting, seasons for which begin on September 1.
Thirdly, the State commented that the restriction on non-motorized
wheeled vehicles, including bicycles and game carts, is not
commensurate with resource impacts and therefore requested that we
reconsider their use. Finally, the State requested that off-road
vehicles and snowmobiles be allowed for ice fishing, during adequate
snow/ice cover, similar to the allowance of licensed highway vehicles,
as they weigh considerably less and, as a result, can be safer than
highway vehicles when ice depth is inconsistent.
On September 27, 2018, DOI sent a letter to the States from then-
Deputy Secretary David Bernhardt asking for direct feedback on the
regulatory review process, especially in situations where Federal
prescriptions for fish and wildlife management are more restrictive and
inconsistent with State policies, and to identify opportunities to
reduce regulatory inefficiencies in furtherance of the Secretarial
Orders. During consultation and in its January 2, 2019, response
letter, the State of Alaska submitted these and additional requests for
Kenai NWR regulations and programs to be reviewed. The State requested
the Service requirement to obtain a Federal trapping permit at 50 CFR
36.32(c)(1)(iii) be rescinded, as duplicative with State requirements
and an interference with wildlife management and public use. The State
also renewed its longstanding requests to cooperatively reevaluate
closures at 50 CFR 36.39(i) to accessing certain
[[Page 35630]]
remote lakes by aircraft and on harvest opportunities within the Skilak
Wildlife Recreation Area.
The Service will continue to coordinate with the State, Tribes, and
other partners on management of public uses on Kenai NWR to ensure the
intent of the Secretarial Orders 3347 and 3356, to the extent
practicable and consistent with Federal law.
This Proposed Rule
The purpose of this proposed rule is to align public use
regulations on Kenai NWR with State of Alaska regulations to the extent
practicable and consistent with Federal law, enhance consistency with
harvest regulations on surrounding non-Federal lands and waters, and
increase access to Federal lands in furtherance of Secretarial Orders
3347 and 3356.
The Service proposes to amend its refuge-specific regulations for
Kenai NWR at 50 CFR 36.39 to allow for the harvest of brown bears over
bait as allowed by the State of Alaska's hunting regulations (title 5
of Alaska Administrative Code (AAC) at chapter 92.044), allow the
discharge of firearms along the Kenai and Russian Rivers during certain
times of the year, increase access by bicycles and game carts, and
allow snowmobiles, all-terrain vehicles, and utility task vehicles on
certain lakes when there is adequate snow and ice cover. These
amendments will expand priority public use opportunities for all
Americans, and complement State regulations on lands and waters
surrounding the Kenai NWR to the extent practicable and consistent with
Federal laws, including the Refuge Administration Act, the Refuge
Improvement Act, and ANILCA. The Service further proposes to amend its
regulations at 50 CFR 36.32(c)(1)(iii) to remove the Federal permit
requirement for trapping within the Kenai NWR, allowing trapping within
the refuge in accordance with State and Federal law. Consistent with
both Congressional and Secretarial direction, the Service is
considering and seeking public comment on whether a regulatory permit
requirement remains necessary and appropriate to ensure trapping is
compatible with refuge purposes.
This proposed rule reflects the Service's ongoing commitment to
working with the State of Alaska and using State regulatory processes
to the maximum extent allowed by Federal law in proposing changes to
existing State regulations governing or affecting the taking of fish
and wildlife in Alaska refuges, as required by Congress and affirmed in
43 CFR part 24, the Revised CCP, the 1982 Master Memorandum of
Understanding between the Service and the State of Alaska, Secretarial
Orders 3347 and 3356, and the 2016 refuge-specific rulemaking, 81 FR
27030 (May 5, 2016). The Service maintains its closure authority at 50
CFR 36.42 to ensure these public uses remain compatible with refuge
purposes, including through requiring a refuge special use permit when
determined to be necessary and appropriate to address resource-related
concerns. The Service remains responsible for visitor management on the
Alaska National Wildlife Refuge consistent with ANILCA and the Refuge
Administration Act, which includes conducting planning efforts to
determine how to best manage diverse public uses on the Kenai NWR.
Public Participation
It is the policy of DOI, whenever practicable, to afford the public
an opportunity to participate in the rulemaking process. Accordingly,
we will accept written comments and information from all interested
parties during the comment period (see DATES) on the provisions in this
proposed rule, as well as other provisions of 50 CFR 36.39(i). We are
soliciting public comment and supporting data to gain information on
the draft environmental assessment and the proposed rule. In addition,
we are soliciting information that would help inform the Service's
regulatory impacts analysis, such as costs and benefits and trade-offs
associated with the changes to Kenai NWR public use regulations being
proposed in this rulemaking. As a specific example, we are soliciting
information or data that would help the Service quantify the effects of
increasing opportunities for consumptive uses such as brown bear
hunting through the proposed allowance of hunting this species over
bait on opportunities for non-consumptive uses such as viewing and
photography of brown bears on Kenai NWR, including any economic impacts
which might result.
We will consider information and recommendations we receive during
the comment period in our final determination on this proposed action.
You may submit your comments and materials concerning the proposed rule
by one of the methods listed in ADDRESSES. We will not accept comments
submitted by fax, email, or in any way other than those methods listed
in ADDRESSES.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask the Service in your comment to withhold your personal identifying
information from public review, the Service cannot guarantee that it
will be able to do so.
Compliance With Other Laws, Executive Orders, and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. The Office
of Information and Regulatory Affairs has waived their review regarding
their significance determination of this proposed rule.
Executive Order (E.O.) 13563 reaffirms the principles of E.O. 12866
while calling for improvements in the nation's regulatory system to
promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. The Service will develop
this rule in a manner consistent with these requirements.
Executive Order 13771
We do not believe this proposed rule is an E.O. 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') (82 FR 9339, February 3,
2017) regulatory action because we believe this rule is not significant
under E.O. 12866; however, the Office of Information and Regulatory
Affairs has waived their review regarding their E.O. 12866 significance
determination of this proposed rule.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996)), whenever an agency must 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
[[Page 35631]]
describes the effects of the rule on small entities (small businesses,
small organizations, and small government jurisdictions). However, no
regulatory flexibility analysis is required if the head of the agency
certifies the rule will not have a significant economic impact on a
substantial number of small entities. SBREFA amended the RFA to require
Federal agencies to provide a statement of the factual basis for
certifying that the rule will 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).
Amending the regulations as proposed may have small incremental
changes on total visitor use days. Increasing access opportunities for
bicycling, game carts, snowmobiles, all-terrain vehicles, and utility
task vehicles may correspond with a slight increase in visitor use days
(about 5,000 to 10,000 visitors per year). In addition, hunting days on
the refuge may increase if hunters using bait stations are allowed to
take brown bears, even though State seasons and harvest limits for
brown bears will remain in effect. Conversely, wildlife watching
activities may decrease if there are decreased opportunities to view
bears. We estimate that the overall change in recreation use-days would
represent less than 1 percent of the average recreation use-days on the
refuge (1 million visitors annually).
Small businesses within the retail trade industry (such as hotels,
gas stations, etc.) (NAIC 44) and accommodation and food service
establishments (NAIC 72) may be impacted by spending generated by
refuge visitation. Seventy-six percent of establishments in the Kenai
Peninsula Borough qualify as small businesses. This statistic is
similar for retail trade establishments (72 percent) and accommodation
and food service establishments (65 percent). Due to the negligible
change in average recreation days, this proposed rule would have a
minimal effect on these small businesses.
With the negligible change in overall visitation anticipated from
this proposed rule, it is unlikely that a substantial number of small
entities would experience more than a small economic impact. Therefore,
we certify that, if made final, this rule would not have a significant
economic impact on a substantial number of small entities as defined
under the RFA. 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 proposed rule is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. This rule:
(a) Would not have an annual effect on the economy of $100 million
or more.
(b) Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions.
(c) Would 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 (2 U.S.C. 1531 et seq.)
This proposed 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 would not have a significant or unique
effect on State, local, or tribal governments or the private sector. It
addresses public use of refuge lands and imposes no requirements on
other agencies or governments. A statement containing the information
required by the Unfunded Mandates Reform Act is not required.
Takings (Executive Order 12630)
This proposed rule does not effect a taking of private property or
otherwise have takings implications under Executive Order 12630. A
takings implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, the
proposed rule does not have sufficient federalism implications to
warrant the preparation of a federalism summary impact statement. A
federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This proposed rule complies with the requirements of Executive
Order 12988. This rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
proposed rule under the criteria in Executive Order 13175 and under the
Department's tribal consultation and Alaska Native Claims Settlement
Act Native Corporation policies. The Service notified Alaska Native
tribes and corporations of its intent to undertake this rulemaking in
October 2017 and invited them at that time to consult on the harvest of
brown bears over bait, the discharge of firearms along the Kenai and
Russian Rivers during certain times of the year in accordance with
State law, increased access for the public using bicycles and game
carts, and the use of snowmobiles, all-terrain vehicles, and utility
task vehicles on certain lakes when there is adequate snow and ice
cover. While no request for formal consultation was received, the
Service initiated discussions on the rulemaking with one tribe and one
corporation during the course of ongoing coordination with them. We
will consult with all tribes and corporations that request formal
consultation during this rulemaking process.
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
This proposed rule does not contain any new collections of
information that require approval by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). OMB has previously approved the information collection
requirements associated with Special Use Permits and assigned OMB
Control Number 1018-0102 (expires 08/31/2020). You may view the
information collection request at http://www.reginfo.gov/public/do/PRAMain. 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.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
The Service is analyzing this proposed rule in accordance with the
criteria of the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4332(C)), 43 CFR part 46, and part 516 of the DOI Departmental
Manual. We
[[Page 35632]]
have completed a draft environmental assessment, which is available at
http://www.regulations.gov in Docket No. FWS-R7-NWRS-2017-0058. We are
soliciting public comment and supporting data to gain information on
the draft environmental assessment and the proposed rule as set forth
above in DATES and ADDRESSES.
Effects on the Energy Supply (Executive Order 13211)
This proposed rule is not a significant energy action under the
definition in Executive Order 13211. A Statement of Energy Effects in
not required.
Clarity of This Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
List of Subjects in 50 CFR Part 36
Alaska, Recreation and recreation areas, Reporting and
recordkeeping requirements, Wildlife refuges.
Proposed Regulation Promulgation
Accordingly, the Service proposes to amend 50 CFR part 36 as set
forth below:
PART 36--ALASKA NATIONAL WILDLIFE REFUGES
0
1. The authority citation for part 36 continues to read as follows:
Authority: 16 U.S.C. 460(k) et seq., 668dd-668ee, 3101 et seq.,
Pub. L. 115-20, 131 Stat. 86.
Sec. 36.32 [Amended]
0
2. In Sec. 36.32, revise paragraph (c)(1)(iii) by removing the word
``Kenai'' and the comma that follows it.
0
3. Amend Sec. 36.39 by revising paragraphs (i)(3)(i), (i)(4)(ii)(E),
(i)(5)(i) and (ii), and (i)(9)(iii) to read as follows:
Sec. 36.39 Public use.
* * * * *
(i) * * *
(3) * * *
(i) We prohibit the operation of all off-road vehicles, as defined
at Sec. 36.2, except that four-wheel-drive, licensed, and registered
motor vehicles designed and legal for highway use may operate on
designated roads, rights-of-way, and parking areas open to public
vehicular access. At the operator's risk, we also allow licensed and
registered motor vehicles designed and legal for highway use, all-
terrain vehicles, utility task vehicles, and registered snowmobiles on
Hidden, Engineer, Kelly, Petersen, and Watson Lakes only to provide
access for ice fishing. You must enter and exit the lakes via existing
boat ramps.
* * * * *
(4) * * *
(ii) * * *
(E) In the Skilak Wildlife Recreation Area, except on Skilak Lake
and as provided in paragraph (i)(3) of this section. You must enter and
exit via the Upper and Lower Skilak Lake campground boat launches.
* * * * *
(5) * * *
(i) You may not discharge a firearm within \1/4\ mile of designated
public campgrounds, trailheads, waysides, buildings including public
use cabins, or the Sterling Highway from the east Refuge boundary to
the east junction of the Skilak Loop Road. From May 1 to October 31,
you may not discharge a firearm within \1/4\ mile of the west shoreline
of the Russian River from the upstream extent of the Russian River
Falls downstream to its confluence with the Kenai River, and from the
shorelines of the Kenai River from the east refuge boundary downstream
to Skilak Lake, and from the outlet of Skilak Lake downstream to the
refuge boundary, except that firearms may be used in these areas to
dispatch animals while lawfully trapping and shotguns may be used for
waterfowl and small game hunting along the Kenai River. These firearms-
discharge regulations do not preclude use of firearms for taking game
in defense of life and property as defined under State law.
(ii) We prohibit hunting over bait, with the exception of hunting
for black bears and brown bears, and then only as authorized under the
terms and conditions of a special use permit (FWS Form 3-1383-G) issued
by the Refuge Manager.
* * * * *
(9) * * *
(iii) May I use non-motorized wheeled vehicles on the refuge? Yes,
you may use bicycles and other non-motorized wheeled vehicles,
including hand-operated game carts specifically manufactured to
transport meat of legally harvested big game, on refuge roads and
rights-of-way designated for public vehicular access and designated
refuge trails. In addition, you may use said game carts on designated
industrial roads closed to public vehicular access. Information on
these designated roads and trails is available from Refuge
Headquarters. Further, you may use a wheelchair if you have a
disability that requires its use for locomotion.
* * * * *
George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-10924 Filed 6-10-20; 8:45 am]
BILLING CODE 4333-15-P