[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Rules and Regulations]
[Pages 27030-27048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10288]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 36
[Docket No. FWS-R7-NWRS-2014-0003; FF07RKNA00 FXRS12610700000 167]
RIN 1018-AX56
Refuge-Specific Regulations; Public Use; Kenai National Wildlife
Refuge
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are amending
the regulations for Kenai National Wildlife Refuge (Kenai NWR or
Refuge) that govern existing general public use and recreation. These
changes will implement management direction and decisions from our June
2010 Kenai NWR revised comprehensive conservation plan and June 2007
Skilak Wildlife Recreation Area final revised management plan. The
amendments to the regulations are designed to enhance natural resource
protection, public use activities, and public safety on the Refuge; are
necessary to ensure the compatibility of public use activities with the
Refuge's purposes and the Refuge System's purposes; and ensure
consistency with management policies and approved Refuge management
plans.
DATES: This rule is effective June 6, 2016.
FOR FURTHER INFORMATION CONTACT: Andy Loranger, Refuge Manager, Kenai
NWR, P.O. Box 2139, Ski Hill Rd., Soldotna, AK 99669; telephone: 907-
262-7021; facsimile 907-262-3599. If you use a telecommunications
device for the deaf (TDD), call the Federal Information Relay Service
(FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
President Franklin D. Roosevelt established the Kenai National
Moose Range (Moose Range) on December 16, 1941, for the purpose of
``protecting the natural breeding and feeding range of the giant Kenai
moose on the Kenai Peninsula, Alaska, which in this area presents a
unique wildlife feature and an unusual opportunity for the study in its
natural environment of the practical management of a big game species
that has considerable local economic value'' (Executive Order 8979; see
6 FR 6471, December 18, 1941).
Section 303(4) of the Alaska National Interest Lands Conservation
Act of 1980 (ANILCA) (16 U.S.C. 3101 et seq.) substantially affected
the Moose Range by modifying its boundaries and broadening its purposes
from moose conservation to protection and conservation of a broad array
of fish, wildlife, habitats, and other resources, and to providing
educational and recreational opportunities. ANILCA also redesignated
the Moose Range as the Kenai National Wildlife Refuge (NWR or Refuge)
and increased the size of the Refuge to 1.92 million acres, of which
approximately two-thirds were designated as Wilderness and made part of
the National Wilderness Preservation System.
ANILCA sets out additional purposes for each refuge in Alaska; the
purposes of Kenai NWR are set forth in section 303(4)(B) of ANILCA. The
purposes identify some of the reasons why Congress established the
Refuge and set the management priorities for the Refuge. The purposes
are as follows:
(1) To conserve fish and wildlife populations and habitats in their
natural diversity including, but not limited to, moose, bears, mountain
goats, Dall sheep, wolves and other furbearers, salmonoids and other
fish, waterfowl and other migratory and nonmigratory birds;
(2) To fulfill the international treaty obligations of the United
States with respect to fish and wildlife and their habitats;
(3) To ensure, to the maximum extent practicable and in a manner
consistent with the purposes set forth in (1), above, water quality and
necessary water quantity within the Refuge;
(4) To provide, in a manner consistent with (1) and (2), above,
opportunities for scientific research, interpretation, environmental
education, and land management training; and
(5) To provide, in a manner compatible with these purposes,
opportunities for fish and wildlife-oriented recreation.
The Wilderness Act of 1964 (16 U.S.C. 1131-1136) provides the
following purposes for wilderness areas, including the Kenai wilderness
area:
[[Page 27031]]
(1) To secure an enduring resource of wilderness;
(2) To protect and preserve the wilderness character of areas
within the National Wilderness Preservation System; and
(3) To administer the areas for the use and enjoyment of the
American people in a way that will leave the areas unimpaired for
future use and enjoyment as wilderness.
Under our regulations implementing ANILCA in title 50 of the Code
of Federal Regulations at part 36 (50 CFR part 36), 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 (50 CFR 36.31). Such recreational
activities include, but are not limited to, sightseeing, nature
observation and photography, hunting, 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 receive emphasis in management of the public use on national
wildlife refuges. All six of these priority uses have been determined
to be compatible on the Refuge, subject to adherence to applicable
State and Federal regulations.
Section 304(g) of ANILCA requires the Service to prepare refuge
comprehensive conservation plans (CCPs) for all refuges in Alaska. The
Service completed its first comprehensive management plan for the Kenai
NWR in 1985, and a revised CCP was finalized and approved in 2010.
These plans include management direction and specific actions related
to administration of public uses on the Refuge. The refuge-specific
public use regulations for Kenai NWR are set forth at 50 CFR 36.39(i).
These regulations include provisions concerning the operation of
aircraft, motorboats, off-road vehicles, and snowmobiles; hunting and
trapping; camping; timber removal; personal property; use of non-
motorized wheeled vehicles; canoeing; and area closures on the Refuge.
Proposed Rule
On May 21, 2015, we published a proposed rule (80 FR 29277) to
amend the Refuge's public use regulations. We accepted public comments
on the proposed rule for 60 days, ending July 20, 2015. We also held
two public hearings on the proposed rule, one on June 17, 2015, in
Soldotna, Alaska, and one on June 18, 2015, in Anchorage, Alaska.
We developed the changes to existing Refuge public use regulations
included in our May 21, 2015, proposed rule to meet our legal mandates;
to ensure consistency with policy, directives, and approved management
plans, including implementing management direction and/or specific
actions in our 2010 revised Kenai NWR CCP and 2007 Skilak Wildlife
Recreation Area (WRA) final revised management plan; and to ensure
public safety. The proposed changes included: (1) Amending regulations
affecting use of aircraft, motorboats, motorized vehicles, and
snowmobiles in order to enhance resource protection and public use
opportunities; (2) codifying restrictions on hunting and trapping
within the Skilak WRA recently established (in 2013) in accordance with
procedures set forth at 50 CFR 36.42 (public participation and closure
procedures) and implementing our 2007 Skilak WRA final revised
management plan; (3) expanding a prohibition on the discharge of
firearms to include areas of intensive public use along the Russian and
Kenai rivers in order to enhance public safety; (4) clarifying the
intent of existing regulations that require a special use permit for
hunting black bears over bait by specifying that only the take of black
bears is authorized under this requirement; (5) amending regulations
associated with camping, use of public use cabins and public use
facilities, unattended equipment, livestock (including pack animals),
and public gatherings to enhance resource protection and public use
opportunities; (6) establishing permanent regulations for managing
wildlife attractants in the Russian River Special Management Area to
reduce potential for negative human-bear interactions, thereby
enhancing public safety and resource protection; (7) establishing
regulations allowing for noncommercial gathering of natural resources,
including collection of edible wild foods and shed antlers; and (8)
codifying existing restrictions on certain uses within areas of the
Refuge under conservation easements and easements made under section
17(b) of the Alaska Native Claims Settlement Act (ANCSA) (43 U.S.C.
1601 et seq.; see 43 U.S.C. 1616(b)).
Response to Public Comments
We received 28 written comments on the May 21, 2015, proposed rule
during the comment period, and four individuals and representatives of
two organizations provided oral testimony at the public hearings. We
reviewed and considered all substantive information we received during
the comment period. In this final rule, we incorporate changes to the
proposed rule as outlined in our responses below. As comments were
often similar or covered multiple topics, we have grouped comments and
responses by topic areas, which generally correspond to specific
sections of the proposed Refuge public use regulations in the May 21,
2015, proposed rule.
Aircraft--50 CFR 36.39(i)(1)
(1) Comment: Some commenters expressed support for the changes to
Refuge regulations opening additional areas of the Refuge for airplane
use (Chickaloon Flats, lake in Kenai Wilderness) citing the benefits of
expanded access to users; some commenters expressed opposition to these
changes citing impacts to the quality of experience for users accessing
wilderness areas using non-motorized means. Some commenters stated that
the additional lake being opened in the Kenai Wilderness for hunters
drawing Alaska Department of Fish and Game hunt permits should be open
to all users. Some commenters expressed opposition to continued
closures to airplane use on the Refuge under existing regulations,
stating that they unnecessarily restricted access for hunters, and/or
recommended that the Service expand areas of the Refuge open for
aircraft use beyond that proposed to increase access opportunities.
Some commenters inquired about the status of the Service's commitment
to evaluate effects of the regulations that restrict airplane access to
lakes otherwise open based on the presence of nesting or brood-rearing
trumpeter swans. One commenter requested that a legal description be
included for the expanded area open to airplane use on the Chickaloon
Flats.
Our Response: The changes to the Refuge aircraft regulations in
this rule implement decisions from the Refuge's 2010 CCP and the record
of decision (ROD) for its accompanying environmental impact statement.
Regulations governing use of aircraft on the Refuge are in place to
protect refuge resources, consistent with meeting Refuge purposes
including the conservation of fish and wildlife
[[Page 27032]]
populations in their natural diversity and its Wilderness purposes.
Consistent with its commitment in the ROD, the Service will
complete an analysis of trumpeter swan use of Refuge wetlands and
evaluate its effect on airplane access under the regulations. Any
further changes to Refuge aircraft regulations would be the subject of
a future rulemaking.
We added a legal description of the expanded area open to airplane
use in the Chickaloon Flats to this final rule.
Motorboats--50 CFR 36.39(i)(2)
(2) Comment: Some commenters expressed support for changes to
Refuge regulations establishing boat and motor restrictions for
sections of the Kenai River and Skilak Lake within the Refuge. Some
commenters requested that the Service reconsider the proposed 10
horsepower motor restriction for boat motors in selected Refuge lakes;
one commenter supported this change.
Our Response: We proposed regulations establishing boat and motor
restrictions for sections of the Kenai River and Skilak Lake within the
Refuge to protect refuge resources and to enhance consistency with
existing State regulations for the Kenai River Special Management Area.
We re-evaluated the need for a restriction in the proposed rule
limiting boat motors to 10 horsepower or less in selected lakes. We
will continue to rely on the existing ``no wake'' requirement in these
lakes to minimize disturbance to wildlife and impacts to non-motorized
boaters. We do not include the maximum horsepower requirement for the
identified lakes in this final rule.
Off-road Vehicles--50 CFR 36.39(i)(3)
(3) Comment: One commenter requested that the Service consider
allowing the use of off-road vehicles for ice fishing access during
periods of adequate snow/ice cover. One commenter expressed support for
clarifying where use of 4-wheel-drive vehicles is allowed on the
Refuge. One commenter expressed opposition to the addition of jet skis
and other personal watercraft to the list of prohibited watercraft; one
commenter supported this change.
Our Response: Under the regulations, off-road vehicle use is
prohibited on the Refuge. This prohibition is in place to prevent
disturbance to wildlife and habitat degradation. The Service does not
consider an exception to this prohibition for ice fishing to be
warranted, as adequate motorized access, through use of highway
vehicles and snowmobiles on identified lakes, is already provided for
ice fishing under the regulations. The regulations prohibit operation
of motorized watercraft with the exception of motorboats; specifying
that jet skis and other personal watercraft are among prohibited
watercraft adds clarity for the public. We did not make any changes to
the rule in response to these comments.
Snowmobiles--50 CFR 36.39(i)(4)
(4) Comment: One commenter expressed support for increasing the
allowable width of snowmobiles from 46 to 48 inches, and questioned why
Watson Lake was not included in the list of lakes that allow use of
snowmobiles for ice fishing when such use is allowed on other lakes
where highway vehicles are allowed for the same purpose. A commenter
requested clarification on the need for a Refuge-specific prohibition
on use of snowmobiles to pursue, chase, or herd wildlife, stating that
this change was redundant with existing Federal regulations. Some
commenters supported the snowmobile regulations as proposed.
Our Response: Under the regulations, use of snowmobiles for ice
fishing is allowed on the same lakes within the Skilak WRA that are
open to highway vehicle use for ice fishing. Identifying specific lakes
as open to snowmobile use for ice fishing is necessary within the
Skilak WRA because this is an area of the Refuge that is otherwise
closed to snowmobile use. Watson Lake lies within an area of the Refuge
that is open to general snowmobile use when the Refuge has been opened
to such use (based on a determination that adequate snow cover exists
between the dates of December 1 and April 30), which in most years
negates the need to include it in the list of lakes open to snowmobile
use to provide access for ice fishing. On the rare occasions that the
Refuge remains closed to snowmobiles because of inadequate snow cover
but vehicular use of Watson Lake for ice fishing is possible, the
Service can consider implementing a temporary opening to allow use of
snowmobiles on Watson Lake for ice fishing.
In this final rule, we specify that snowmobile operation is
prohibited to ``herd, harass, haze, pursue, or drive wildlife'' in
order to clarify to the Refuge-specific regulations, which, before the
effective date of this final rule (see DATES), simply prohibit
``harassment of wildlife'' using snowmobiles (50 CFR
36.39(i)(4)(viii)). The Service believes adding specificity and clarity
to these regulations benefits the public and will lead to more
effective resource protection on the Refuge, and that this change in
regulatory language is warranted.
We did not make any changes to the rule in response to these
comments.
Hunting and Trapping--50 CFR 36.39(i)(5) and 36.39(i)(6)
(5) Comment: Some commenters stated that the Service's amendment of
the Refuge public use regulations governing hunting and trapping,
specifically those related to firearms discharge and hunting brown
bears over bait, were not adequately vetted through a public process
and were not adequately justified in the proposed rule, and therefore
did not meet requirements under ANILCA for implementing Federal
regulations for establishing closures and/or the requirements of the
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). Some
commenters stated that the public could not meaningfully comment
because of the lack of justification in the proposed rule. One
commenter stated that the Service's proposed amendments to the Refuge
public use regulations governing hunting and trapping are outdated and
that the Service has not adequately complied with NEPA for its
rulemaking by failing to analyze the direct, indirect and cumulative
impacts of hunting and trapping carnivores on the Refuge.
Our Response: Federal regulations implementing ANILCA at 50 CFR
36.42(b) provide that in making a determination to close an area or
restrict an activity, the Refuge Manager will be guided by several
factors, including public health and safety, resource protection, and
other management considerations necessary to ensure an activity or area
is being managed in a manner compatible with the purposes for which the
Refuge was established. As we stated in the May 21, 2015, proposed rule
(80 FR 29277), we proposed changes to the Refuge public use regulations
(including amending regulations specific to hunting and trapping) to
ensure management of public use in a manner such that these activities
remain compatible with Kenai NWR's establishment purposes and the
Refuge System mission; to ensure consistency with Service policy,
directives, and approved management plans; to minimize conflicts
between authorized users of the Refuge; and to protect public safety.
Federal regulations at 50 CFR 36.42(e) require that permanent
closures or restrictions on national wildlife refuges in Alaska shall
be made only after notice and public hearings in the affected vicinity
and other locations as appropriate, and after publication in the
[[Page 27033]]
Federal Register. The Service complied with this requirement. We
published our proposed rule to amend the Refuge's public use
regulations, including amending Refuge regulations for hunting and
trapping, in the Federal Register on May 21, 2015. We provided a 60-day
public comment period, ending July 20, 2015, on the proposed rule, and
we held public hearings in Soldotna (June 17, 2015) and Anchorage (June
18, 2015), Alaska, on the proposed rule.
The Service analyzed its proposed rule amending the Refuge's public
use regulations, including proposed changes to hunting and trapping
regulations, in accordance with the criteria of NEPA and Department of
the Interior policy in part 516 of the Departmental Manual (516 DM). We
determined that the rule is considered a categorical exclusion under
516 DM 8.5(C)(3), which categorically excludes the ``issuance of
special regulations for public use of Service-managed land, which
maintain essentially the permitted level of use and do not continue a
level of use that has resulted in adverse environmental impacts.'' This
rulemaking will result in small incremental changes in public use of
the Refuge, both increasing and decreasing use, but overall will
maintain permitted levels of use and will not continue a level of use
that has resulted in adverse environmental impacts.
This rulemaking supports implementing the Service's management
direction identified through approved Refuge management plans,
including the 2010 Kenai NWR revised CCP and the 2007 Kenai NWR Skilak
WRA revised final management plan. Specific to hunting and trapping on
the Refuge, the Service completed compatibility determinations in 2007,
for hunting, hunting of black bears using bait, and trapping concurrent
with development of the Refuge's 2010 revised CCP, which was
accompanied by an environmental impact statement. These activities were
determined to be compatible, subject to stipulations required to ensure
compatibility that includes adherence to pertinent State and Federal
regulations. The Service addressed hunting and trapping in the Skilak
WRA in its 2007 Skilak WRA final revised management plan and its
accompanying environmental assessment.
The Service is adopting the proposed regulations, as amended in
this final rule (see Table: Summary of Changes From Proposed Rule,
below), for the Refuge, specific to hunting and trapping, to meet its
legal mandates; to ensure consistency with policy, directives, and
approved management plans; and to ensure public safety. We did not make
any changes to the rule in response to these comments.
(6) Comment: Some commenters stated that the changes to Refuge
regulations governing hunting and trapping in the proposed rule,
specifically those related to firearms discharge along the Russian and
Kenai Rivers, use of bait for hunting brown bears, and/or hunting and
trapping in the Skilak WRA, are not necessary to meet the Service's
legal mandates for the Refuge, are counterproductive to meeting the
Refuge's original establishment purpose as the Kenai National Moose
Range, conflict with provisions of the ANILCA and the National Wildlife
Refuge Administration Act, are an unjustified and unnecessary
preemption of State of Alaska management of wildlife, and/or are
inconsistent with provisions of the 1982 Master Memorandum of
Understanding (MMOU) between the Service and the Alaska Department of
Fish and Game.
Our Response: The National Wildlife Refuge System Administration
Act of 1966, as amended (16 U.S.C. 668dd-668ee) recognizes six
wildlife-dependent recreational uses as priority public uses of the
Refuge System: hunting, fishing, wildlife observation and photography,
and environmental education and interpretation. These uses are
legitimate and appropriate public uses where compatible with the Refuge
System mission and individual refuge purposes, and are to receive
enhanced consideration over other uses in planning and management. All
six of the priority public uses have been determined compatible and are
authorized on the Refuge.
The Service considers our regulations governing hunting and
trapping on the Refuge necessary to meeting our mandates under ANILCA
to conserve healthy populations of wildlife in their natural diversity
on the Refuge, to meet its Wilderness purposes, and to meet its purpose
for providing compatible wildlife-oriented recreational opportunities,
which include both consumptive and non-consumptive activities.
By law (National Wildlife Refuge System Administration Act of 1966,
as amended; Alaska National Interest Lands Conservation Act of 1980),
regulations (43 CFR part 24), and policy (the Service Manual at 605 FW
1 and 605 FW 2), the Service must, to the extent practicable, ensure
that refuge regulations permitting hunting and fishing are consistent
with State laws, regulations, and management plans. In recognition of
the above, non-conflicting State general hunting and trapping
regulations are usually adopted on refuges. Hunting and trapping,
however, remain subject to legal mandates, regulations, and management
policies pertinent to the administration and management of refuges.
Under the 1982 MMOU between the Service and the Alaska Department
of Fish and Game, it is recognized that taking of fish and wildlife by
hunting, trapping, or fishing on Service lands in Alaska is authorized
under applicable State and Federal law unless State regulations are
found to be incompatible with documented refuge goals, objectives, or
management plans. The MMOU commits the Service to utilize the State's
regulatory process to the maximum extent allowed by Federal law in
developing new or modifying existing Federal regulations or proposing
changes in existing State regulations governing or affecting the taking
of fish and wildlife on Service lands in Alaska. The MMOU also
recognizes that the Service's responsibility for regulating human use
on the Refuge.
The Service coordinated with the Alaska Department of Fish and Game
in development of the Refuge's 2010 CCP and 2007 Skilak WRA final
revised management plan, and during the development of the proposed and
this final rule. The Service continues to actively participate in the
State's regulatory process with the Alaska Board of Game on issues
related to hunting and trapping on the Refuge, including recent
coordination on hunting brown bears over bait and hunting in the Skilak
WRA, both of which are subjects of this rulemaking. The Service remains
committed to working with the State of Alaska and using State
regulatory processes, consistent with the MMOU. We did not make any
changes to the rule in response to these comments.
Hunting and Trapping, Discharge of Firearms--50 CFR 36.39(i)(5)(i)
(7) Comment: Some commenters expressed opposition to the proposed
firearms discharge restriction within \1/4\ mile of the shorelines of
the Kenai River and Russian River within the Refuge, citing one or more
of the following:
Discharge of firearms does not create public safety issues
because very little hunting occurs in the area or because public use
levels for fishing drastically fall as freeze-up approaches in late
September; and
There is no biological basis for, or data or scientific
need justifying, the closure. Some commenters expressed support for the
Service's proposed firearms discharge prohibition along the
[[Page 27034]]
Kenai and Russian rivers, citing its benefits to protection of public
safety.
Our Response: Federal regulations at 50 CFR 36.42(b) provide that
in making a determination to close an area or restrict an activity, the
Refuge Manager shall be guided by several factors, including public
health and safety. Specifically to address public safety issues, the
regulations currently prohibit firearms discharge on the Refuge as
follows: Firearms may not be discharged within \1/4\ mile of designated
public campgrounds, trailheads, waysides, buildings or the Sterling
Highway from the east Refuge boundary to east junction of the Skilak
Loop Road (50 CFR 36.39(i)(5)(i)).
As stated in the May 21, 2015, proposed rule, we proposed the
firearms discharge prohibition on lands within \1/4\ mile of the Kenai
River shoreline upstream and downstream of Skilak Lake and the Russian
River shoreline from its confluence with the Kenai River upstream to
the Russian River Falls, with exceptions for the use of shotguns for
waterfowl and small game hunting and firearms used while lawfully
trapping, specifically to enhance public safety along these intensively
used river corridors.
Field observations by Refuge staff and interactions with users and
permitted fishing guides and outfitters have documented steadily
increasing levels of public use, primarily for fishing but also for
river floating (Kenai River only), and associated activities such as
hiking and wildlife viewing, on and along the upper Kenai and Russian
rivers within the Refuge, and that the timing of relatively heavy use
for these activities now includes fall and spring months during ice-
free periods. Highest periods of use in fall and spring for fishing
occur from September through mid-October and late March through April,
respectively. River floating on the upper Kenai River begins in May and
extends through October, with highest use levels occurring from June
through September. Similarly, high levels of public use occur in the
middle Kenai River below Skilak Lake within the Refuge during fall and
spring, primarily for fishing. Much of the increased use of both the
Kenai and Russian rivers during fall and spring months can be
attributed to the increasing popularity of their rainbow trout
fisheries.
Publicly available study reports corroborate these observations.
For example, a recent recreation study of the Kenai River completed in
2010, by Drs. Douglas Whittaker and Bo Shelby for the Alaska Department
of Natural Resources, Division of State Parks and Recreation (Kenai
River Recreation Study, Major Findings and Implications, 2010),
reported that perceived crowding on the Upper Kenai River (between
Sportsman's Landing and Jim's Landing) in September (when the primary
fish targeted are rainbow trout, Dolly Varden, and silver salmon) is as
high as for some salmon fisheries occurring during the summer months.
Recent takes of brown bears along the Russian and Kenai rivers
during the falls of 2013 and 2014 posed threats to public safety, as
bears were shot in close proximity to other users fishing from shore,
wading, or boating, and firearms and ammunition with substantial lethal
distances were used in areas where sight distances are extremely
limited due to vegetation and river meanders. These takes occurred on,
along, or immediately adjacent to river shorelines and within the \1/
4\-mile buffer distance established by this rule. In addition,
discharge of firearms to ``warn'' or deter bears presents a growing
threat to public safety along the Russian and Kenai rivers.
Recently enacted changes to State hunting regulations for brown
bears on the Kenai Peninsula have increased the potential for firearms
discharge to result in threats to public safety in these areas. Current
brown bear hunting season dates of September 1 to May 31 substantially
overlap with periods of high public use along the Russian and Kenai
rivers during fall and spring (in the 7 years prior to 2008, brown bear
hunting season dates were October 15 to October 30).
The Service considers adoption of this rule necessary to reduce
threats to public safety posed by discharge of firearms along the
Russian and Kenai rivers during periods of high visitation for
activities including fishing, river floating, hiking, and wildlife
observation. We did not make any changes to the rule in response to
these comments.
(8) Comment: Some commenters stated that the closure affects the
taking of wildlife on Service lands, and consistent with the MMOU
between the Service and the Alaska Department of Fish and Game, should
be first submitted by the Service to the Alaska Board of Game under the
State regulatory process for consideration. Some commenters stated that
the area affected by the proposed firearms discharge prohibition is a
traditional moose and bear hunting area and the rule will negatively
impact these users.
Our Response: The Service proposed the amendments to the
regulations to enhance public safety along the Kenai and Russian rivers
during periods of intensive public use. The rule is not intended to
affect taking of wildlife on the Refuge, and will have negligible
impacts on hunting opportunity and harvest levels for the reasons noted
below.
This rule allows for continued use of shotguns for waterfowl and
small game hunting, and use of firearms while lawfully trapping, along
the Kenai and Russian rivers. Waterfowl hunting along the Kenai River
currently accounts for the vast majority of hunting activity in the
affected area, as it has historically. This rule will have negligible
impacts on overall hunting opportunity and harvest levels of black
bears, brown bears, and moose on the Refuge, as most hunting activity
for these species occurs outside of these river corridors. This rule
expands the restriction on discharge of firearms on the Refuge by just
under 4,000 acres, or approximately 0.2 per cent of lands in the Refuge
currently open to hunting of moose, black bear, and brown bear
(totaling over 1.9 million acres). In addition, reasonable
opportunities to hunt these species with firearms in the vicinity of
the Russian and Kenai rivers for those wishing to do so will continue
to be available outside of the \1/4\-mile river corridors established
by this rule.
The MMOU recognizes that the Service has responsibility for
regulating human use on refuges in Alaska. Protection of public safety
is a critically important responsibility of the Service in managing
public use on refuge lands, and the Service deems this rule necessary
to enhance public safety on and along these intensively used rivers.
The Service remains committed to the terms of the MMOU and will
continue to coordinate with the Alaska Board of Game and Alaska
Department of Fish and Game on proposals whose intent is to affect the
take of fish and wildlife on Service lands. We did not make any changes
to the rule in response to these comments.
(9) Comment: Some commenters stated that the Service proposed
firearms discharge prohibition is not consistent, or does not enhance
consistency, with State regulations on firearms discharge with the
Kenai River Special Management Area (KRSMA) because it extends beyond
KRSMA boundaries, is not date specific, and/or because the State's
KRSMA regulations are contingent on the location of developed
facilities or dwellings and do not apply to the entire length of the
Kenai and Russian rivers. Some commenters requested that the Service
consider less restrictive regulations for the discharge of firearms
around buildings such as public use cabins in remote areas that are
only accessible via
[[Page 27035]]
boat, snowmobile, or float plane because firearm discharge closer to
the cabin does not pose a safety concern.
Our Response: While applying to lands and waters within the Refuge
and outside of the KRSMA, this rule (including the clarification that
the prohibition around buildings includes Refuge public use cabins) is
consistent with, and complements, State firearms regulations for the
KRSMA. State regulations (11 Alaska Administrative Code (AAC) 20.850)
allow the use and discharge of a weapon for the purpose of lawful
hunting or trapping in the KRSMA only on Skilak Lake and Kenai Lake,
except that shotguns may be discharged below Skilak Lake for purpose of
lawful hunting or trapping, from September 1 to April 30 annually. In
addition, the discharge of any firearm within the KRSMA is prohibited
within \1/2\ mile of a developed facility or dwelling, except that
discharge of a shotgun using steel shot no larger than size T is
allowed at a distance of no less than \1/4\ mile from a developed
facility or dwelling.
Consistent with State regulations, the Service's proposed firearms
discharge prohibition along the Kenai and Russian rivers does not apply
to firearms discharge on or along Skilak Lake. With very few, if any,
exceptions, shotguns are used within the KRSMA to hunt waterfowl.
Similarly, our regulations allow the use of shotguns for waterfowl
hunting (and small game hunting), and allow use of any firearm while
lawfully trapping, within the area of the Refuge to which the
regulations apply. Allowances for these activities under our proposed
rule, and in this final rule, span the season dates (September 1 to
April 30) specified in the State regulations, negating a need to
specify season dates.
The Service's firearms discharge prohibition along the Russian
River is also consistent with and complements U.S. Forest Service
regulations restricting use of weapons in the vicinity of recreational
facilities, and which apply to an adjoining area of similar size, in
the Chugach National Forest from the Russian River's confluence with
the Kenai River upstream to the Russian River Falls (36 CFR 261.10(d)).
In 2015, the U.S. Forest Service expanded the weapons discharge
prohibition in this area to address public safety concerns associated
with use of weapons for bear hunting along the Russian River during
periods of high public use (36 CFR 261.53(e)).
The prohibition on discharge of firearms within \1/4\ mile of
buildings in the current regulations (50 CFR 36.39(i)(5)(i)) is meant
to ensure public safety around buildings used by the public or
administratively by Service personnel, and is unrelated to the
building's location or the means of transportation used by the public
to travel to the building.
Similar to the basis for the Service's regulations, enhancing
public safety was the basis for promulgation of State and Federal
regulations restricting use of weapons on and/or along the Kenai and
Russian rivers adjacent to the Refuge. We did not make any changes to
the rule in response to these comments.
(10) Comment: Some commenters stated that the Service's proposed
rule is contradictory or does not adequately explain why discharging
firearms for waterfowl and small game hunting or use of archery
equipment does not pose a safety hazard when the use of firearms to
take big game does, and that by omission, it appears the Service may be
using public safety as justification to preclude a particular form of
hunting.
Our Response: While restricting the use of firearms, this rule
allows for continued use of shotguns for waterfowl and small game
hunting and use of firearms to dispatch animals while lawfully
trapping. Waterfowl hunting is currently and has historically been the
primary hunting activity conducted in the affected area, and it occurs
primarily along the Kenai River below Skilak Lake. The use of shotguns
in the areas traditionally used for waterfowl (and small game hunting)
along the Kenai River poses minimal public safety concerns because of
the locations and manner in which these activities are conducted and
due to the more limited travel distances of shotgun ammunition used for
waterfowl and small game hunting. Trapping seasons do not overlap with
periods of high visitation, as the river corridors receive
substantially less public use during winter. The Service therefore does
not consider prohibitions on firearms discharge for these activities to
be warranted. The Service also believes that use of archery equipment
poses negligible risks to public safety in the affected area. We did
not make any changes to the rule in response to these comments.
(11) Comment: Some commenters expressed concern that the firearms
discharge prohibition along the Kenai and Russian rivers would preclude
use of firearms for personal protection, and suggested modification to
allow for such use.
Our Response: Neither the Service's current regulations nor this
rule prohibiting firearms discharge in certain areas of the Refuge
preclude the possession and/or use of firearms to take game in defense
of life and property as defined under State law (5 AAC 92.410). We have
amended this final rule to specifically state that the firearms
discharge prohibition does not preclude the use of firearms to take
game in defense of life and property as defined under State law.
Hunting and Trapping Over Bait--50 CFR 36.39(i)(5)(ii)
(12) Comment: Some commenters stated that the Service has not
provided adequate information or justification nor completed required
administrative processes necessary to preempt a recently adopted State
regulation that allows for take of brown bears at black bear bait
stations; the Service also has not explained adequately how it used the
State's regulatory process in a manner consistent with the Master
Memorandum of Understanding between the Service and the Alaska
Department of Fish and Game. A commenter noted this prohibition in the
proposed rule is an unnecessary replication of an existing Refuge
special use permit stipulation.
Our Response: Federal regulations at 50 CFR 36.42(b) provide that
in making a determination to close an area or restrict an activity, the
Refuge Manager shall be guided by several factors, including public
health and safety, resource protection, and other management
considerations necessary to ensure an activity or area is being managed
in a manner compatible with the purposes for which the Refuge was
established.
As stated in the May 21, 2015, proposed rule (80 FR 29277), current
Refuge regulations (50 CFR 36.39(i)(5)(ii)) specify that hunting black
bears over bait on the Refuge requires a special use permit (FWS Form
3-1383-G). This requirement was promulgated in the 1980s (51 FR 32297)
in recognition of issues associated with use of bait for hunting black
bears on the Refuge, and the need to further regulate this method of
take to ensure compatibility of this activity. The intent of this
requirement has always been, and continues to be, to authorize the use
of bait for the take of black bears only. This restriction is
explicitly stated in the terms and conditions of the current Refuge
special use permit issued for black bear baiting: ``Hunting over bait
is prohibited on the Kenai National Wildlife Refuge, with the exception
of hunting black bears as authorized under the terms and conditions of
this Special Use Permit.''
The Service considers the clarification concerning hunting over
bait that we are
[[Page 27036]]
making in this final rule at 50 CFR 36.39(i)(5)(ii) necessary to
meeting our mandates under ANILCA to conserve healthy populations of
wildlife in their natural diversity on the Refuge, to meet the Refuge's
Wilderness purposes, and to meet the Refuge's purpose for providing
compatible wildlife-oriented recreational opportunities (both
consumptive and non-consumptive). Specific to use of bait to take brown
bears, the Service considers allowance of this method to be
inconsistent with these mandates due to its potential to result in
overharvest of this species, with accompanying population-level
impacts, due to its high degree of effectiveness as a harvest method
and the species' low reproductive potential. The Service also believes
that baiting of brown bears has potential to modify bear behavior and
increase human-bear conflicts, and that allowance of this method to
take brown bears on the Refuge would result in increased baiting
activity and pose an increased risk to public safety. These issues are
further discussed in our response to Comment (13), below.
In 2013, the Service formally communicated its regulatory
requirement limiting hunting over bait to the take of black bears, and
our intent to maintain this requirement, to the State of Alaska in
advance of the Alaska Board of Game's adoption of a State regulation
that allows take of brown bears at black bear bait stations on the
Kenai Peninsula. In addition, the Service requested that Refuge lands
be excluded should this State regulation be adopted.
Codifying the Service's special use permit stipulation that
prohibits hunting over bait with one exception for hunting of black
bears provides additional notice to the public of this restriction,
clarifies our longstanding intent to authorize only the take of black
bears at permitted bait stations on the Refuge, and is consistent with
meeting Refuge purposes under ANILCA. The Service deems this additional
notice and clarification necessary in light of the Alaska Board of
Game's 2013 adoption of a regulation allowing the take of brown bears
at registered black bear baiting stations on the Kenai Peninsula. We
did not make any changes to the rule in response to these comments.
(13) Comment: Some commenters expressed opposition to prohibiting
harvest of brown bears over bait, stating that it is not biologically
justified because the Refuge brown bear population is higher than the
Service believes it is, that baiting allows for selective harvest of
bears, and that studies have shown that baiting does not result in
food-conditioning of bears. Some commenters stated that baiting for
bears (brown and black) can be conducted under recognized principles of
sustained yield management; that adequate protections exist under State
management, including reporting requirements and limiting harvest of
female bears, to minimize the potential for overharvest; and that the
sex composition of the recent brown bear harvest at bait stations on
the Kenai Peninsula, which was predominantly male bears, further
supported that hunting brown bears over bait was consistent with
sustained yield management.
Our Response: Allowance of take of brown bears at black bear
baiting stations was one of several changes that substantially
liberalized State regulations for sport hunting of brown bears on the
Kenai Peninsula beginning in 2012. Harvest levels, and overall human-
caused mortalities, of brown bears increased substantially following
the changes in State hunting regulations enacted in 2012 and 2013, with
resulting impacts on the Kenai Peninsula's brown bear population. On
average, 21 brown bear human-caused mortalities (hunting and
nonhunting) occurred annually on the Kenai Peninsula from 1995 through
2011. From 2012 to 2014, the annual average nearly tripled to 61 bears.
Human-caused mortalities during this period totaled 184 brown bears,
148 of which were taken by hunters. Human-caused mortalities in 2013
(71) and 2014 (69) were over 6 times the 50-year annual average of 11
brown bears killed from 1961 through 2011.
The Kenai brown bear population was estimated in 2010 through a
joint field study conducted by the Refuge and U.S. Forest Service. This
DNA-based mark-recapture study generated a Kenai Peninsula-wide brown
bear population estimate of 582 bears (95 percent lognormal confidence
interval of 479 to 719 bears). This study and its results were peer-
reviewed and recently published in the Journal of Wildlife Management
(Morton et al. 2016). The Service considers this to be the best
available scientific estimate of this population.
Population modeling by the Service (using the model Vortex 9.9)
suggested that known human-caused mortality of Kenai Peninsula brown
bears from 2012 to 2014, following changes in State brown bear hunting
regulations, reversed the previous increasing trajectory of the brown
bear population and resulted in a decline of approximately 18 percent
(a modeled decline from the 2010 population estimate of 582 bears to
478 bears).
In 1998, due to concerns about population status, habitat loss and
increasing levels of human-caused mortality, the Alaska Department of
Fish and Game classified the Kenai brown bear population as a
``population of special concern.'' Using the 2010 population estimate
and brown bear demographic data obtained from ongoing telemetry
studies, modeling (Vortex 9.9) also suggested that similar levels of
human-caused mortality of brown bears documented from 2012-2014
(primarily resulting from sport hunting) would continue to reduce the
brown bear population to levels similar to those which in the recent
past posed conservation concerns. The Service deemed this rapid
reduction of the Kenai Peninsula brown bear population, along with the
potential for continued decline, to be inconsistent with meeting its
legal mandates to conserve healthy wildlife populations (including
brown bears) in their natural diversity on the Refuge, to provide for
wildlife-oriented recreational opportunities that include both
consumptive and non-consumptive activities, and to meet the Refuge's
Wilderness purposes; therefore, the Service implemented closures to
brown bear sport hunting on the Refuge in 2013 and 2014. Additional
information regarding the Service's recent management of sport hunting
of brown bears on the Refuge, which also provides greater detail on
Kenai brown bear management history, population status and dynamics,
and modeling results, is available as part of the rulemaking
administrative record, available at Kenai National Wildlife Refuge.
Annual harvests of brown bears in 2013 and 2014 in Game Management
Unit (GMU) 7 on the Kenai Peninsula demonstrate the increased
effectiveness of hunting this species over bait. According to Alaska
Department of Fish and Game harvest statistics, the 2013 harvest of
brown bears in GMU 7 prior to baiting being legalized was 12 bears
during a 198-day season. In 2014, harvest during a 189-day season was
38 brown bears, of which 28 (77 percent) were harvested over bait.
Since becoming legal for the first time in spring 2014, harvest of
brown bears at bait stations has accounted for the majority of brown
bear harvest on the Kenai Peninsula. In 2014, 62 percent (40 of 65) of
bears harvested were taken over bait. As of January 2016, preliminary
2015 harvest statistics available from the Alaska Department of Fish
and Game indicate that 89 percent (16 of 18) of bears taken in spring
and
[[Page 27037]]
59 percent (16 of 27) of bears legally taken by sport hunters overall
have been harvested over bait.
Adherence to harvest caps for adult female bears and overall human-
caused mortality can help ensure sustainability of harvests. However,
based on our modeling (using Vortex 9.9), human-caused mortality of
brown bears at current harvest caps (maximums of 12 adult female bears
and 60 bears overall), provided in formal direction to the Alaska
Department of Fish and Game by the Alaska Board of Game in 2015, would
result in a continued reduction of the Kenai brown bear population.
Based on best available scientific information and population modeling
using the Vortex 9.9 model, the Service believes that allowance of take
of brown bears over bait on the Refuge would increase human-caused
mortality of Kenai brown bears to levels which would continue to reduce
the population, with potential to result in conservation concerns for
this population. We also note that the sex and age composition of the
brown bears harvested over bait on the Kenai Peninsula in 2014 and 2015
represents a small and short term sample, and may not be representative
of harvest composition over a longer period of time.
The Service believes that a cautious approach to management of
Kenai Peninsula brown bears is scientifically warranted due to several
factors. The Service must consider these factors in ensuring that
hunting is administered on the Refuge in a manner that ensures that the
Service's legal mandates are met, and they underlie our decision to
maintain existing regulations that restrict harvest over bait to take
of black bears only. Black bears occur in much higher densities than
brown bears on the Kenai Peninsula, have higher reproductive potential
than brown bears, and as such can support higher harvest levels and are
less susceptible to overharvest. Conversely, brown bears have one of
the lowest reproductive potentials of any North American mammal, and at
current densities, the Kenai brown bear population remains a relatively
small population (Morton et al. 2016) that is highly sensitive to adult
female and overall human-caused mortality levels. Genetics studies have
determined that Kenai brown bears comprise an insular population
(reported in the Canadian Journal of Zoology in 2008 by Jackson et
al.), which means that immigration from mainland Alaska will not assist
in sustaining the population, and that Kenai brown bears have very low
haplotypic genetic diversity (Jackson et al. 2008), which has unknown
but potentially important conservation implications. The Kenai brown
bear population will continue to be strongly influenced by habitat loss
and fragmentation and multiple potential sources of human-caused
mortality as the human population continues to grow on the Kenai
Peninsula and recreational use of public lands increases. Finally,
timely and accurate monitoring of the status of the Kenai Peninsula
brown bear population is extremely difficult at best, costs associated
with monitoring are high, and funding for monitoring is usually limited
and never guaranteed. This is important given that the increased
effectiveness of harvesting brown bears over bait would likely mask the
effects of reduced bear densities on harvest success, thereby
increasing potential for overharvest in the absence of adequately
rigorous population monitoring.
Maintaining our existing limits on hunting over bait is also
intended to minimize the potential for public safety issues associated
with conditioning brown bears to human foods commonly used at bait
stations. While baiting for black bears is currently allowed on the
Refuge and has potential to create food-conditioned bears, we would
expect increased baiting activity and increased potential for human-
bear conflicts if take of brown bears over bait were allowed. The
number of permitted black bear baiting stations on the Kenai Peninsula
increased from roughly 300 in years prior to, to just over 400 bait
stations each year following (2014 and 2015), adoption of State
regulations allowing harvest of brown bears over bait. It is well
documented that food-conditioning of bears results in increased
potential for negative human-bear encounters and increased risk to
public safety (as reported by Herrero in 1985 in the book Bear attacks:
their causes and avoidance, and by Herrero and Fleck in 1990 in Bears:
Their Biology and Management, Volume 8, A Selection of Papers from the
Eighth International Conference on Bear Research and Management). There
is also an increased likelihood that food-conditioned bears would be
killed by agency personnel or in defense of life or property.
Consistent with Service policy on managing recreational uses in a
manner that helps ensure public safety, the Service actively promotes
food storage and other practices aimed specifically at reducing the
potential for human-bear conflicts.
We did not make any changes to the rule in response to these
comments.
(14) Comment: Some commenters expressed support for prohibiting
take of brown bears at bait stations, citing one or more of the
following:
Legalization of this practice by the State in support of
predator control is not appropriate on refuges;
The practice is unethical and conflicts with principles of
``fair chase'' hunting; and
The practice poses a threat to public safety.
Most of these commenters also noted that the Service should also
prohibit baiting of black bears on the Refuge for the same reasons.
Our Response: Codifying this prohibition as part of the Refuge's
public use regulations provides additional notice to and clarification
for the public of the Service's longstanding intent to authorize only
the take of black bears at permitted bait stations on the Refuge. The
Service last evaluated black bear baiting through a 2007 compatibility
determination, and found the activity to be compatible. We did not make
any changes to the rule in response to these comments.
Hunting and Trapping in Skilak Wildlife Recreation Area--50 CFR
36.39(i)(6)
(15) Comment: Some commenters expressed opposition to the Service's
proposed hunting and trapping regulations for the Skilak WRA, citing
one or more of the following:
State-managed hunting and trapping in the Skilak WRA is
compatible with Service public use objectives to provide opportunities
for wildlife viewing in the area;
The Service has not provided biological data demonstrating
the need for the closures to meet these objectives;
The closures are inconsistent with ANILCA and/or Service
policy governing management of wildlife-dependent recreational uses
because they inappropriately favor one compatible use (wildlife
viewing) over another (hunting);
The closures set a precedent that the Refuge would be the
only National Wildlife Refuge in Alaska that has an area set aside for
one user group;
The closures violate ANILCA by creating a conservation
area within an existing conservation unit;
Limitations on wildlife viewing in the Skilak WRA were
more dependent upon terrain, weather, season, time of day, and other
factors than sustainable harvests of wildlife; and
Hunting of predators is needed to balance wildlife
populations, prevent the area's moose population from being overrun,
and provide visitors with opportunities to enjoy a wider variety of
wildlife.
[[Page 27038]]
Some commenters expressed support for the Service's proposed
hunting and trapping regulations for the Skilak WRA, citing one or more
of the following:
Managed as it currently is, the Skilak WRA is an extremely
valuable public asset;
The Skilak WRA is an outstanding opportunity for the
Refuge to fulfill its wildlife viewing, photography, and environmental
education and interpretation mandates on the Refuge, but only if
harvest is restricted. Additional hunting in the Skilak WRA would
degrade, undermine, and conflict with public opportunities for other
recreation and education that have been provided for 30 years; and
The proposed regulations are necessary to meet goals and
objectives of approved refuge management plans and legal mandates to
maintain healthy populations of wildlife on refuges.
Our Response: The Skilak WRA is a 44,000-acre area of the Refuge
that has, since 1985, been managed with a primary emphasis on providing
the public enhanced opportunities for wildlife viewing, and
environmental education and interpretation. The Service has worked
extensively with the Alaska Department of Fish and Game and the Alaska
Board of Game over the years in planning and implementing management
direction, including management of hunting and trapping, in the Skilak
WRA.
In 1985, the Service released a record of decision for the Refuge's
first comprehensive management plan. A directive of this plan was the
establishment of a special area, the ``Skilak Loop Special Management
Area,'' that would be managed to increase opportunities for wildlife
viewing, and environmental education and interpretation. In December
1986, the Service, working closely with the Alaska Department of Fish
and Game, identified specific goals for providing wildlife viewing and
interpretation opportunities, and hunting and trapping opportunities
were restricted so that wildlife would become more abundant, less wary,
and more easily observed. Regulatory proposals that prohibited
trapping, allowed taking small game by archery only, and provided a
moose hunt by special permit were developed and approved by the Alaska
Board of Game in 1987. Hunting of all other species was prohibited.
These State of Alaska regulations remained in effect until 2013, with
modifications to allow for a youth-only firearm small game hunt in a
portion of the area in 2007, and for the use of falconry to take small
game in 2012.
In 2005, the Alaska Board of Game adopted a proposal to allow
firearms hunting of small game and fur animals (as practical matter in
the area, fur animals would include lynx, coyote, beaver, red fox and
squirrel), but subsequently put that State regulation on hold pending
the Service's development of an updated management plan for the area.
The Service initiated a public planning process with a series of public
workshops in November 2005, and evaluated management alternatives
through an environmental assessment, which was made available for
public review and comment in November 2006.
The Service released a finding of no significant impact, and the
Kenai NWR Skilak WRA revised final management plan was released in June
2007. This plan reaffirmed the overall management direction for the
Skilak WRA as a special area to be managed primarily for enhanced
opportunities for wildlife viewing and environmental education and
interpretation, while allowing other non-conflicting wildlife-dependent
recreational activities. The plan maintained longstanding restrictions
on hunting (including hunting of fur animals) and a trapping closure,
with the exception of adding a ``youth-only'' small game firearms hunt
in the western portion of the area. In 2007, the Alaska Board of Game
adopted State regulations maintaining the closures and restrictions,
and opening the ``youth-only'' small game firearm hunt.
Consistent with its 2007 Skilak WRA final revised management plan,
the Service enacted a permanent closure restricting hunting and closing
trapping in the Skilak WRA in November 2013 (see 78 FR 66061, November
4, 2013), which mimicked State of Alaska hunting and trapping
regulations for the area in effect prior to 2013. The Service
implemented this current closure in response to action taken by the
Alaska Board of Game in March 2013, which opened the Skilak WRA to
taking of lynx, coyote, and wolf within the area under State hunting
regulations. Under this new State regulation, which became effective
July 1, 2013, taking of these species is allowed during open hunting
seasons from November 10 to March 31. In advance of this action, the
Service requested that the Alaska Board of Game not adopt the proposal
establishing these regulations because it would be inconsistent with
Refuge management objectives for the area, and advised that doing so
would require the Service to maintain restrictions on the hunting of
these species under its own authorities.
A primary basis for the Service's decision to issue this permanent
closure was first recognized in the original 1986 management goals and
specific management objectives for furbearers, which led to the closure
of hunting and trapping of these species in the Skilak WRA. Furbearers
such as wolves, coyote, and lynx occur in relatively low densities, and
are not as easily observed as more abundant and/or less wary wildlife
species. Annual removal of individual wolves, coyote, or lynx from the
Skilak WRA, and/or a change in their behavior, due to hunting (or
trapping) would reduce opportunities for the public to view or
photograph or otherwise experience these species. While we concur that
factors such as terrain, vegetation, and time of day affect wildlife
viewing, visitors to the Skilak WRA experience and learn about these
species in a variety of ways, such as observing tracks, hearing
vocalizations, or observing other signs of the species. Similarly,
Refuge environmental education and interpretation programs that benefit
from enhanced opportunities provided in the area to view or otherwise
experience these species would be negatively impacted. Even in the
absence of area-specific scientific studies and data, it is a
reasonable conclusion that annual harvest would maintain reduced
densities, and/or affect behavior, of these species in the Skilak WRA
and degrade opportunities for wildlife observation, photography, and
environmental education and interpretation, given the area's small
size, its accessibility by road, proximity to population centers, and
likely hunting (or trapping) pressure.
Minimizing conflicts between non-consumptive and consumptive users
of the Skilak WRA and ensuring public safety also continue to be
important considerations for how hunting and trapping is managed in the
area. While highest levels of public use in the Skilak WRA occur in the
summer months, observations by Refuge staff and records of use of
Refuge public use cabins indicate that fall and winter recreational use
of the area for many activities, including hiking, general nature
observation and photography, night sky observation, cross country
skiing, and winter camping, is substantial and increasing. Given this
increased public use during winter, the Service believes that allowing
hunting (or trapping) of wolves, coyotes, and lynx during winter months
in the Skilak WRA would increase the potential for conflicts between
users and safety issues.
Providing environmental education and interpretation for the
public, and for ``wildlife-oriented'' recreational uses, which includes
non-consumptive
[[Page 27039]]
activities such as wildlife viewing as well as hunting and fishing, are
legally mandated Refuge purposes under ANILCA. These two purposes are
in fact unique purposes to this Refuge among all refuges in Alaska.
Meeting Refuge public use objectives in the Skilak WRA is consistent
with and directly supports meeting these Refuge purposes. Regulating
non-conflicting hunting activities and the use of firearms in the
Skilak WRA in a manner that supports meeting all Refuge purposes,
minimizes conflicts among user groups, and enhances public safety is
necessary to ensure the compatibility of hunting as an authorized use
on the Kenai NWR.
Management that provides for emphasis on non-consumptive uses in
the Skilak WRA, while allowing for non-conflicting hunting activities
and enhancing public safety, is also consistent with Service policy at
605 FW 1 for managing wildlife-dependent recreational uses on National
Wildlife Refuges. Hunting and trapping of lynx, coyote, and wolves
under State of Alaska regulations remains authorized on over 97 percent
of the Refuge (over 1.9 million acres).
The final rule codifies the Service's November 2013 permanent
hunting restrictions and trapping closure, established in accordance
with 50 CFR 36.42, in the Skilak WRA (78 FR 66061, November 4, 2013).
This rule supports implementation of the Service's 2007 final revised
management plan for the Skilak WRA, which reaffirmed management
objectives for the area established under the Refuge's 1985
Comprehensive Management Plan. We did not make any changes to the rule
in response to these comments.
(16) Comment: Some commenters stated that the Service's hunting and
trapping closures would not improve wildlife viewing opportunities in
the Skilak WRA because the Service has failed to fully implement its
facilities and habitat plans for the area, or that additional
infrastructure would benefit wildlife viewing opportunities.
Our Response: To further development of wildlife viewing, and
environmental education and interpretation opportunities, in 1988, the
Service prepared a step-down plan for public use facility management
and development, and renamed the area the Skilak WRA. Over $5 million
in improvements to existing, and development of new, visitor facilities
occurred in ensuing years as funding permitted, and included new and
improved roads, scenic turn-outs, campgrounds, hiking trails,
interpretive panels and information kiosks, viewing platforms, and boat
launches. While not all planned developments have been completed, the
Refuge currently maintains 8 facility access roads, 8 public
campgrounds, 3 public use cabins, 10 hiking trails (totaling just over
20 miles), 3 scenic overlooks, 11 boat launches, 12 informational
kiosks and numerous interpretive panels, and 13 developed parking areas
within the Skilak WRA in support of meeting its public use management
objectives for the area. The Service has also implemented small-scale
habitat management projects within the Skilak WRA. The Service will
continue to develop recreational infrastructure and habitat projects in
the area, consistent with approved management plans, as allowed by
available funding and staffing. We did not make any changes to the rule
in response to these comments.
Fishing--50 CFR 36.39(i)(7)
(17) Comment: A commenter requested that dates of a fishing closure
for an area 100 feet upstream and downstream of the Russian River Ferry
dock on the south shore of the Kenai River be changed from June 1 to
August 15 to June 11 to August 20 to provide consistency with State
sport fishing regulations. One commenter opposed the closure stating it
was unnecessary.
Our Response: In this final rule, we eliminate those fishing
closure dates and specify that the closure is in effect during hours of
operation of the Russian River Ferry. Ferry operations open concurrent
with the opening day of recreational fishing for salmon and resident
fish species in the area in June, and operations typically continue
through Labor Day. We believe this change simplifies the rule while
continuing to meet the intent of the existing regulations to enhance
public safety in the vicinity of the Ferry dock and landing area.
Public Use Cabin and Camping Area Management--50 CFR 36.39(i)(8)
(18) Comment: Several commenters expressed opposition to the
Service's proposal to prohibit dispersed camping in an area within 100
yards of the banks of the Kenai River along two sections of the River
within the Refuge (upper Kenai River and Middle Kenai River), citing
loss of traditional camping opportunity, impacts to visitor safety and
increased risks to personal property, and expansion of habitat impacts
from new trail and campsite development and use; some commenters
supported this prohibition, citing the benefits of riverbank habitat
protection. Some commenters stated the need for this prohibition was
not adequately justified. Some commenters noted that while the
prohibition was addressed for the upper Kenai River in the Refuge 2010
CCP, a similar prohibition for the Middle Kenai River had not been
previously considered by the Service through a public process and
additional evaluation, and public input was needed.
Our Response: The prohibition on dispersed camping within 100 yards
of the banks of the upper Kenai River in this rule implements decisions
from the Refuge's 2010 CCP and the record of decision for its
accompanying environmental impact statement. River bank closures along
the Kenai River are commonly used by resource agencies to protect
sensitive riparian vegetation, which is subject to trampling, resulting
in degradation of salmon rearing habitat. In the May 21, 2015, proposed
rule, the Service proposed to implement this decision with a
modification to allow for some dispersed camping along the upper Kenai
River at designated sites. We chose this approach to enhance natural
resource protection by reducing camping impacts along the upper Kenai
River while allowing for some historical along-river camping use to
continue. We have completed an evaluation of existing camping sites
along the upper Kenai River and have identified 10 sites that will be
designated for dispersed camping. These sites are identified on a map
available on http://www.regulations.gov under Docket No. FWS-R7-NWRS-
2014-0003 as a supporting document for this rulemaking. This map will
also be available to the public electronically on the Refuge Web site
(http://www.fws.gov/refuge/kenai/) and at the Refuge Headquarters.
The May 21, 2015, proposed rule included the same camping
restrictions for the Middle Kenai River within the Refuge. We have
decided not to address dispersed camping along the Middle Kenai River
within the Refuge in this rulemaking. The Service will continue
coordination with the State on management issues affecting the Middle
Kenai River, and will monitor and evaluate camping along the upper
Kenai River and use the results of monitoring to inform a future public
planning process. This final rule reflects this decision.
Other Uses and Activities--50 CFR 36.39(i)(9)
(19) Comment: A commenter stated that the proposed restriction on
group size to 15 people in the Swanson River and Swan Lake Canoe routes
was a substantive change to current management and is not adequately
[[Page 27040]]
justified in the proposed rule. Some commenters stated that the rule
should be modified to reflect that larger group sizes may be permitted
at the discretion of the Refuge Manager, consistent with a decision in
the 2010 Refuge CCP.
Our Response: Group size in the Swanson River and Swan Lakes Canoe
Routes is limited to 15 people under current Refuge regulations (see 50
CFR 36.39(i)(7)(vii)). In this final rule, we amend the regulations to
state that larger group sizes may be allowed at the discretion of the
Refuge Manager through issuance of a special use permit.
(20) Comment: A commenter requested that the Service consider
allowing use of bicycles and wheeled game carts on Refuge trails open
to horses or snowmobiles; another commenter stated that industrial
roads should be opened to bicycle use. A commenter was opposed to the
allowance of wheeled game carts on industrial roads.
Our Response: Use of non-motorized wheeled vehicles, which includes
bicycles, are allowed only on roads open to public vehicular access
under current Refuge regulations (see 50 CFR 36.39(i)(7)(v)). Use of
bicycles on industrial roads within the Refuge is prohibited to protect
public safety given the year-round use of these roads by large trucks
and heavy equipment. In the proposed rule, the Service proposed to
allow the use of wheeled game carts on industrial roads by hunters
using these roads on foot for hunting access. We consider this a minor
and reasonable change with little potential to impact habitats and/or
public safety. Bicycle and/or game cart use of hiking trails and
backcountry areas pose more substantive issues because of their
potential to impact habitats, create conflicts between trail users, and
pose public safety issues. In 2007, the Service evaluated compatibility
of several Refuge activities involving general public access,
recreation, and transport methods that are non-motorized, including
bicycling. In that evaluation, we determined that, subject to Refuge
regulations that restrict it to maintained roads open to public
vehicular access, which are in place to prevent harm to refuge
resources, bicycling was a compatible activity. We did not make any
changes to the rule in response to these comments.
(21) Comment: One commenter stated that additional Refuge trails,
including trails in the Skilak Lake area, should be closed to horseback
riding and packstock use.
Our Response: We proposed, and in this rule make final, a
prohibition that horses or other packstock are not allowed on the
Fuller Lakes Trail and on all trails within the Skilak WRA and the
Refuge Headquarters area. We did not make any changes to the rule in
response to this comment.
(22) Comment: Some commenters stated that amending Refuge
regulations to allow for noncommercial collection of natural resources
(berries, edible plants, shed antlers) is not necessary, as commercial
harvest is already prohibited on Alaska refuges and recreational
activities are authorized as long as they are compatible with Refuge
purposes. The commenters recommended that these uses be addressed
through a compatibility determination, as has been the done on other
Alaska refuges. A commenter stated that daily and annual limits on the
number of shed antlers that could be collected were unnecessary and
overly restrictive.
Our Response: Recreational activities, including but not limited to
hunting, fishing, nature observation, photography, boating, camping,
hiking, picnicking, and other related activities are generally
authorized, if compatible (50 CFR 36.31(a)) on refuges in Alaska. This
is a regulatory interpretation to implement apparent Congressional
intent of ANILCA and often is referred to ``Alaska Refuges are open
unless closed.''
However, 50 CFR part 36, the Alaska National Wildlife Refuge
regulations, are supplemental to other National Wildlife Refuge System
(NWRS) regulations. All other NWRS regulations also apply to Alaska
refuges unless they are specifically modified or superseded by ANILCA
(50 CFR 36.1(a)). ANILCA does not specifically address collection of
natural resources. It does address sport hunting, trapping, fishing,
commercial fishing, subsistence activities, and traditional means of
access. The regulations at 50 CFR 27.51 prohibit the collecting of any
plant or animal on any national wildlife refuge without a permit (the
definition for animals, specifically fish and wildlife, includes any
part of the animal (50 CFR 25.12(a))). 50 CFR 27.61 prohibits the
unauthorized removal of natural objects from any national wildlife
refuge.
Legal sport hunting, fishing and trapping are not at issue in that
they are authorized through licenses, permits, and established
regulatory processes. Subsistence take of fish and wildlife is likewise
authorized by statute and implementing regulations. Subsistence use of
timber and plant material is generally authorized, subject to certain
restrictions, at 50 CFR 36.15. 50 CFR 36.15(b) specifically allows for
``the noncommercial gathering by local rural residents of fruits,
berries, mushrooms, and other plant materials for subsistence uses, and
the noncommercial gathering of dead or downed timber for firewood''
without a permit. While many refuges in Alaska have determined personal
gathering of berries and other natural resources to be compatible,
recreational users are not afforded the same authorization under
regulations for similar activities on refuges in Alaska (with the
exception of firewood gathering by campers at Kenai NWR (50 CFR
36.39(i)(7)(i)(E)). The personal collection, without permit, of animal
parts such as bones, skulls, horns, and antlers is also currently not
authorized for any member of the public.
Personal, noncommercial use of berries and other edible plant
materials, and collection of naturally shed moose and caribou antlers,
on some Alaska refuges are desired activities by many visitors. The
Service has chosen to authorize this activity, subject to reasonable
limitations for the collection of shed antlers, on the Kenai NWR under
this rulemaking in recognition of the extent of recreational visitation
and scope of this use on this Refuge. The Service may consider
authorization of this use on other refuges in Alaska in the future. We
did not make any changes to the rule in response to these comments.
Russian River Special Management Area--50 CFR 36.39(i)(11)
(23) Comment: One commenter opposed the proposed food storage
requirements, which include required use of bear proof containers,
citing high cost of such containers. Some commenters supported the
proposed requirements as a means of reducing human-bear conflicts and
due to the need for consistency between U.S. Forest Service and Refuge
regulations in the Russian River area.
Our Response: Food and retained fish storage regulations have been
an integral component of interagency efforts to enhance public safety
and wildlife resource conservation by managing wildlife attractants in
order to reduce the potential for negative human-bear interactions in
the Russian River Special Management Area. This rule codifies and makes
permanent food and retained fish storage regulations issued by the
Service as temporary restrictions in recent years, and provides
consistency with U.S. Forest Service food storage regulations applying
to adjacent Chugach National Forest lands (36 CFR 261.58). We did not
make any changes to the rule in response to these comments.
[[Page 27041]]
General Comments
(24) Comment: One commenter stated that failure by the Service to
announce the dates and locations of public meetings and hearings to be
held, or of the Service's intention to hold the meetings and hearings,
in the Federal Register may have unduly limited public engagement. The
commenter further stated that the proposed rule does not meet the
intent of ANILCA's implementing regulations and the Administrative
Procedure Act (APA; 5 U.S.C. subchapter II), which specifically
recognizes the importance of public meetings associated with rulemaking
and of announcing those meetings in the Federal Register.
Our Response: To meet regulatory requirements (50 CFR 36.42) for
providing notice and public hearings for this rulemaking, the Service
held two public hearings during the open public comment period.
Hearings were held on June 17, 2016, in Soldotna, Alaska, and on June
18, 2016, in Anchorage, Alaska. The Service published announcements of
the dates, locations, and times of scheduled public hearings to be held
in Alaska on the proposed rule following the proposal's publication in
the Federal Register on May 21, 2015 (80 FR 29277). Written notice of
the dates, locations, and times of the public hearings were posted on
the Refuge Web site immediately following publication of the proposed
rule in the Federal Register, along with associated information on the
proposed rule and its availability for public comment. The public
meetings and hearings were also subsequently announced through news
releases sent to local (Kenai Peninsula) and Statewide (Anchorage)
media outlets including newspaper, radio, and television outlets, and
through publication of Legal Notices, which published in local
(Peninsula Clarion) and Statewide (Alaska Dispatch News) newspapers.
Table--Summary of Changes From Proposed Rule
------------------------------------------------------------------------
What we proposed in the May 21, 2015, What we are making final in
proposed rule (80 FR 29277) this final rule
------------------------------------------------------------------------
Aircraft
------------------------------------------------------------------------
We did not include a legal description We are adding a legal
of expanded Chickaloon Flats area. description of expanded
Chickaloon Flats area.
------------------------------------------------------------------------
Boating
------------------------------------------------------------------------
We proposed that operation of motors We are not including that
with a total propshaft horsepower prohibition.
rating of greater than 10 horsepower
would be prohibited on selected lakes.
------------------------------------------------------------------------
Firearms Discharge
------------------------------------------------------------------------
We did not include language on We are adding language that the
discharge of firearms in defense of firearms discharge regulations
life and property. do not preclude use of
firearms for taking game in
defense of life and property
as defined under State law.
------------------------------------------------------------------------
Fishing
------------------------------------------------------------------------
We proposed that fishing would be We are removing the dates from
prohibited from June 1 through August the statement.
15 during hours of operation of the
Russian River Ferry along the south
bank of the Kenai River from a point
100 feet upstream to a point 100 feet
downstream of the ferry dock.
------------------------------------------------------------------------
Camping
------------------------------------------------------------------------
We proposed that camping within 100 We are retaining this
yards of the Upper Kenai River and the restriction for the Upper
Middle Kenai River downstream of Kenai River, but we are not
Skilak Lake (river mile 50 to river including it for the Middle
mile 45) would be restricted to Kenai River. We have added
designated sites. information on the
availability of a map denoting
designated sites.
------------------------------------------------------------------------
Maximum Group Size on Canoe Routes
------------------------------------------------------------------------
We proposed to retain a requirement Under this final rule, the
that the maximum group size on the Refuge Manager may authorize
canoe routes is 15 people. larger groups under the terms
and conditions of a special
use permit (FWS Form 3-1383-
G).
------------------------------------------------------------------------
Leash Length in Campgrounds
------------------------------------------------------------------------
We proposed that pets in developed We are adopting the current
campgrounds and parking lots must be maximum leash length which
on a leash that is no longer than 6 requires that pets in
feet in length. developed campgrounds and
parking lots be on a leash
that is no longer than 9 feet
in length.
------------------------------------------------------------------------
Plain Language Mandate
In this rule, we made some of the revisions to comply with a
Presidential mandate to use plain language in regulations; as such,
these particular revisions do not modify the substance of the previous
regulations. These types of changes include using ``you'' to refer to
the reader and ``we'' to refer to the Refuge System, using the word
``allow'' instead of ``permit'' when we do not require the use of a
permit for an activity, and using active voice (i.e., ``We restrict
entry into the refuge'' vs. ``Entry into the refuge is restricted'').
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. OIRA has
determined that this rule is not significant.
[[Page 27042]]
Executive Order 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. E.O. 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. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (as amended by the Small
Business Regulatory Enforcement Fairness Act [SBREFA] 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 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).
However, no regulatory flexibility analysis is required if the head of
an agency certifies 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). SBREFA
amended the Regulatory Flexibility Act to require Federal agencies to
provide a statement of the factual basis for certifying that a rule
will not have a significant economic impact on a substantial number of
small entities.
As described above and in the May 21, 2015, proposed rule (80 FR
29277), the changes in this rule will impact visitor use for wildlife-
dependent recreation on the Refuge. Modifying the visitor use
regulations will have small incremental changes on total visitor use
days associated with particular activities. For example, visitor use
associated with aircraft motorboats and collection of natural resources
may increase slightly. However, visitor use associated with camping may
decline slightly. We estimate that the overall change in recreation
use-days will 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 final rule will have a minimal
effect on these small businesses.
With the negligible change in overall visitation anticipated from
this final rule, it is unlikely that a substantial number of small
entities will have more than a small economic effect. Therefore, we
certify that this final rule will not have a significant economic
effect on a substantial number of small entities as defined under the
Regulatory Flexibility Act. A regulatory flexibility analysis is not
required. Accordingly, a Small Entity Compliance Guide is not required.
Small Business Regulatory Enforcement Fairness Act
This final rule is not a major rule under 5 U.S.C. 804(2), the
SBREFA. This rule:
a. Will not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers; individual industries; federal, State, or local government
agencies; or geographic regions.
c. Will 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
As this rule applies to public use on a federally owned and managed
Refuge, it will not impose an unfunded mandate on State, local, or
Tribal governments or the private sector of more than $100 million per
year. The rule will 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
(2 U.S.C. 1531 et seq.) is not required.
Takings (E.O. 12630)
In accordance with E.O. 12630, this rule will not have significant
takings implications. This rule affects only visitors at Kenai NWR and
describes what they can do while on the Refuge.
Federalism (E.O. 13132)
As discussed in the Regulatory Planning and Review and Unfunded
Mandates Reform Act sections, above, this rule will not have sufficient
federalism summary impact statement implications to warrant the
preparation of a federalism summary impact statement under E.O. 13132.
In preparing this rule, we worked with State governments.
Civil Justice Reform (Executive Order 12988)
This final rule complies with the requirements of Executive Order
12988. Specifically, 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. Meet criteria of section 3(b) (2) requiring that all regulations
be written in clear language and contain clear legal standards.
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, or use. E.O.
13211 requires agencies to prepare Statements of Energy Effects when
undertaking certain actions. This rule is not a significant regulatory
action under E.O. 12866, and we do not expect it to significantly
affect energy supplies, distribution, or use. Therefore, this action is
not a significant energy action and no Statement of Energy Effects is
required.
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 (May 4, 1994)), Executive Order 13175
(Consultation and Coordination with Indian Tribal Governments; 65 FR
67249 (November 9, 2000)), and the Department of the Interior Manual,
512 DM 2, we readily acknowledge our responsibility to communicate
meaningfully with recognized Federal Tribes on a government-to-
government basis. We also complied with 512 DM 4 under Department of
the Interior Policy on Consultation with Alaska Native Claims
Settlement Act (ANCSA) Corporations, August 10, 2012. We did seek
Tribes' and Corporations' input in evaluating the proposed rule. In
[[Page 27043]]
December 2014, we invited formal consultation in writing to seven
Tribes and seven Native Corporations and asked for their input during
development of the proposed rule. Concurrently, we provided information
on the proposed rule and offered to meet informally to provide
additional information. We also sent written correspondence via email
to the Tribes and Native Corporations prior to publication of the
proposed rule in May 2015, to again offer opportunity for formal
consultation and/or informal information exchange, to request input,
and to provide notice of the proposal's upcoming publication and the
public comment period. We did not receive any requests for government-
to-government consultation. We informally discussed the proposed rule
as part of meetings with representatives of the Ninilchik Traditional
Council and Ninilchik Native Association held primarily to discuss
subsistence hunting and fishing on the Refuge, and corresponded via
telephone and email with representatives of the Tyonek Native
Corporation who had specific questions on the proposed rule.
Paperwork Reduction Act
This rule does not contain any information collection requirements
other than those already approved by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
and assigned OMB Control Numbers 1018-0102 (expires June 30, 2017),
1018-0140 (expires May 31, 2018), and 1018-0153 (expires December 31,
2018). 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
We complied with section 7 of the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.), when we developed the Kenai NWR
comprehensive conservation plan.
National Environmental Policy Act
We analyzed this 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 516 Departmental Manual (DM) 8.
A categorical exclusion from NEPA documentation applies to
publication of this final rule and ensuing regulations because they are
technical and procedural in nature, and the environmental effects are
too broad, speculative, or conjectural to lend themselves to meaningful
analysis (43 CFR 46.210 and 516 DM 8). We have determined that this
final rule is considered a categorical exclusion under 516 DM
8.5(C)(3), which categorically excludes the ``issuance of special
regulations for public use of Service-managed land, which maintain
essentially the permitted level of use and do not continue a level of
use that has resulted in adverse environmental impacts.''
This final rule supports the Service's management direction
identified through approved Refuge management plans, including the 2010
Kenai NWR revised CCP and the 2007 Kenai NWR Skilak WRA revised final
management plan.
For the CCP, we prepared a draft revised CCP and a draft
environmental impact statement (DEIS) under NEPA, and made them
available for comment for public comment on May 8, 2008 (73 FR 26140).
The public comment period on those draft documents began on May 8,
2008, and ended on September 1, 2008. We then prepared our final
revised CCP and final EIS, and made them available for public comment
for 30 days, beginning August 27, 2009 (74 FR 43718). We announced the
availability of the record of decision for the final revised CCP and
final EIS on January 11, 2010 (75 FR 1404).
We completed a draft management plan and draft environmental
assessment (EA) under NEPA for the Skilak WRA management plan in
October 2006. We distributed approximately 2,500 copies to individuals,
businesses, agencies, and organizations that had expressed an interest
in receiving Kenai NWR planning-related documents. We also announced
the availability of these documents through radio stations, television
stations, and newspapers on the Kenai Peninsula and in the city of
Anchorage. An electronic version of the plan was made available on the
Kenai NWR planning Web site, and a Skilak email address was created to
facilitate public comment on the draft plan. Presentations were made to
the Alaska Board of Game and the Friends of Alaska National Wildlife
Refuges. The draft plan and draft environmental assessment (EA) were
made available for public review and comment during a 30-day period
ending November 17, 2006. We signed a finding of no significant impact
(FONSI) for the final revised management plan first on December 6,
2006, and then later (as corrected) on May 11, 2007.
You can obtain copies of the CCP/EIS and the revised final
management plan for the Skilak WRA either on the Federal eRulemaking
Portal, http://www.regulations.gov, under Docket No. FWS-R7-NWRS-2014-
0003, or by contacting the person listed under FOR FURTHER INFORMATION
CONTACT.
Primary Author
Andy Loranger, Refuge Manager, Kenai NWR, is the primary author of
this rulemaking document.
List of Subjects in 50 CFR Part 36
Alaska, Recreation and recreation areas, Reporting and
recordkeeping requirements, Wildlife refuges.
Regulation Promulgation
For the reasons set forth in the preamble, we amend 50 CFR part 36
as follows:
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.
0
2. Amend Sec. 36.2 by adding, in alphabetical order, definitions for
``Operate'' and ``Structure'' to read as follows:
Sec. 36.2 What do these terms mean?
* * * * *
Operate means to manipulate the controls of any conveyance, such
as, but not limited to, an aircraft, snowmobile, motorboat, off-road
vehicle, or any other motorized or non-motorized form of vehicular
transport as to direct its travel, motion, or purpose.
* * * * *
Structure means something temporarily or permanently constructed,
built, or placed; and constructed of natural or manufactured parts
including, but not limited to, a building, shed, cabin, porch, bridge,
walkway, stair steps, sign, landing, platform, dock, rack, fence,
telecommunication device, antennae, fish cleaning table, satellite
dish/mount, or well head.
* * * * *
0
3. Amend Sec. 36.39 by revising paragraph (i) to read as follows:
Sec. 36.39 Public use.
* * * * *
(i) Kenai National Wildlife Refuge. Maps of designated areas open
to specific public use activities on the refuge are available from
Refuge Headquarters at the following address: 1 Ski Hill Road,
Soldotna, AK.
(1) Aircraft. Except in an emergency, the operation of aircraft on
the Kenai
[[Page 27044]]
National Wildlife Refuge is authorized only in designated areas, as
described in this paragraph (i)(1).
(i) We allow the operation of airplanes within the Kenai Wilderness
on the following designated lakes, and under the restrictions noted:
(A) Dave Spencer (Canoe Lakes) Unit. (1) Bedlam Lake.
(2) Bird Lake.
(3) Cook Lake.
(4) Grouse Lake.
(5) King Lake.
(6) Mull Lake.
(7) Nekutak Lake.
(8) Norak Lake.
(9) Sandpiper Lake.
(10) Scenic Lake.
(11) Shoepac Lake.
(12) Snowshoe Lake.
(13) Taiga Lake.
(14) Tangerra Lake.
(15) Vogel Lake.
(16) Wilderness Lake.
(17) Pepper, Gene, and Swanson lakes are open to operation of
airplanes only to provide access for ice fishing.
(B) Andrew Simons Unit.
(1) Emerald Lake.
(2) Green Lake.
(3) Harvey Lake.
(4) High Lake.
(5) Iceberg Lake.
(6) Kolomin Lakes.
(7) Lower Russian Lake.
(8) Martin Lake.
(9) Pothole Lake.
(10) Twin Lakes.
(11) Upper Russian Lake.
(12) Windy Lake.
(13) Dinglestadt Glacier terminus lake.
(14) Wosnesenski Glacier terminus lake.
(15) Tustumena Lake and all lakes within the Kenai Wilderness
within 1 mile of the shoreline of Tustumena Lake.
(16) All unnamed lakes in sections 1 and 2, T. 1 S., R. 10 W., and
sections 4, 5, 8, and 9, T. 1 S., R. 9 W., Seward Meridian.
(17) An unnamed lake in sections 28 and 29, T. 2 N., R. 4 W.,
Seward Meridian: The Refuge Manager may issue a special use permit (FWS
Form 3-1383-G) for the operation of airplanes on this lake to
successful applicants for certain State of Alaska, limited-entry,
drawing permit hunts. Successful applicants should contact the Refuge
Manager to request information.
(C) Mystery Creek Unit. An unnamed lake in section 11, T. 6 N., R.
5 W., Seward Meridian.
(ii) We allow the operation of airplanes on all lakes outside of
the Kenai Wilderness, except that we prohibit aircraft operation on:
(A) The following lakes with recreational developments, including,
but not limited to, campgrounds, campsites, and public hiking trails
connected to road waysides, north of the Sterling Highway:
(1) Afonasi Lake.
(2) Anertz Lake.
(3) Breeze Lake.
(4) Cashka Lake.
(5) Dabbler Lake.
(6) Dolly Varden Lake.
(7) Forest Lake.
(8) Imeri Lake.
(9) Lili Lake.
(10) Mosquito Lake.
(11) Nest Lake.
(12) Rainbow Lake.
(13) Silver Lake.
(14) Upper Jean Lake.
(15) Watson Lake.
(16) Weed Lake.
(B) All lakes within the Skilak Wildlife Recreation Area (south of
Sterling Highway and north of Skilak Lake), except for Bottenintnin
Lake (open to airplanes year-round) and Hidden Lake (open to airplanes
only to provide access for ice fishing).
(C) Headquarters Lake (south of Soldotna), except for
administrative purposes. You must request permission from the Refuge
Manager.
(iii) Notwithstanding any other provisions of this part, we
prohibit the operation of aircraft from May 1 through September 10 on
any lake where nesting trumpeter swans or their broods or both are
present.
(iv) We prohibit the operation of wheeled airplanes, with the
following exceptions:
(A) We allow the operation of wheeled airplanes, at the pilot's
risk, on the unmaintained Big Indian Creek Airstrip; on gravel areas
within \1/2\ mile of Wosnesenski Glacier terminus lake; and within the
SE\1/4\, section 16 and SW\1/4\, section 15, T. 4 S., R. 8 W., Seward
Meridian.
(B) We allow the operation of wheeled airplanes, at the pilot's
risk, within designated areas of the Chickaloon River Flats, including
all of sections 5 and 6 and parts of sections 2, 3, 4, 7, 8, 9, 11, and
16, T. 9 N., R. 4 W.; all of section 1 and parts of sections 2, 3, 4,
5, 11, and 12, T. 9 N., R. 5 W.; all of sections 33 and 34 and parts of
sections 24, 25, 26, 27, 28, 29, 31, 32, and 35, T. 10 N., R. 4 W.; all
of section 33 and parts of sections 19, 27, 28 29, 30 32, 34, 35, and
36, T. 10 N., R. 5 W, Seward Meridian.
(v) We allow the operation of airplanes on the Kasilof River, on
the Chickaloon River (from the outlet to mile 6.5), and on the Kenai
River below Skilak Lake (from June 15 through March 14). We prohibit
aircraft operation on all other rivers on the refuge.
(vi) We prohibit the operation of unlicensed aircraft anywhere on
the refuge except as authorized under terms and conditions of a special
use permit (FWS Form 3-1383-G) issued by the Refuge Manager.
(vii) We prohibit air dropping any items within the Kenai
Wilderness except as authorized under terms and conditions of a special
use permit (FWS Form 3-1383-G) issued by the Refuge Manager.
(2) Motorboats. (i) We allow motorboat operation on all waters of
the refuge, except that:
(A) We prohibit motorboat operation within the Dave Spencer (Canoe
Lakes) Unit of the Kenai Wilderness, including those portions of the
Moose and Swanson rivers within this Unit, except that we allow
motorboat operation on those lakes designated for airplane operations
as provided in paragraph (i)(1) of this section and shown on a map
available from Refuge Headquarters.
(B) We prohibit motorboat operation on the Kenai River from the
eastern refuge boundary near Sportsmans Landing and the confluence of
the Russian River downstream to Skilak Lake. You may have a motor
attached to your boat and drift or row through this section, provided
the motor is not operating.
(C) We prohibit motorboat operation on the Kenai River from the
outlet of Skilak Lake (river mile 50) downstream for approximately 3
miles (river mile 47) between March 15 and June 14, inclusive. You may
have a motor attached to your boat and drift or row through this
section, provided the motor is not operating.
(D) We prohibit the operation of motors with a total propshaft
horsepower rating greater than 10 horsepower on the Moose, Swanson,
Funny, Chickaloon (upstream of river mile 7.5), Killey, and Fox rivers.
(E) On the Kenai River downstream of Skilak Lake (river mile 50) to
the refuge boundary (river mile 45.5), we restrict motorboat operation
to only those motorboats with 4-stroke or direct fuel injection motors
with a total propshaft horsepower rating of 50 horsepower or less, and
that are up to 21 feet in length and up to 106 inches in width. On
Skilak Lake, we restrict motorboat operation to only those motorboats
with 4-stroke or direct fuel injection motors.
(F) A ``no wake'' restriction applies to the entire water body of
Engineer, Upper and Lower Ohmer, Bottenintnin, Upper and Lower Jean,
Kelly, Petersen, Watson, Imeri, Afonasi, Dolly Varden, and Rainbow
lakes.
[[Page 27045]]
(ii) Notwithstanding any other provisions of these regulations, we
prohibit the operation of motorboats from May 1 through September 10 on
any lake where nesting trumpeter swans or their broods or both are
present.
(3) Off-road vehicles. (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. This prohibition applies to off-road
vehicle operation on lake and river ice. At the operator's risk, we
allow licensed and registered motor vehicles designed and legal for
highway use 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.
(ii) We prohibit the operation of air cushion watercraft, air-
thrust boats, jet skis and other personal watercraft, and all other
motorized watercraft except motorboats.
(iii) The Refuge Manager may issue a special use permit (FWS Form
3-1383-G) for the operation of specialized off-road vehicles and
watercraft for certain administrative activities (to include fish and
wildlife-related monitoring, vegetation management, and infrastructure
maintenance in permitted rights-of-way).
(4) Snowmobiles. We allow the operation of snowmobiles only in
designated areas and only under the following conditions:
(i) We allow the operation of snowmobiles from December 1 through
April 30 only when the Refuge Manager determines that there is adequate
snow cover to protect underlying vegetation and soils. During this
time, the Refuge Manager will authorize, through public notice (a
combination of any or all of the following: Internet, newspaper, radio,
and/or signs), the use of snowmobiles less than 48 inches in width and
less than 1,000 pounds (450 kg) in weight.
(ii) We prohibit snowmobile operation:
(A) In all areas above timberline, except the Caribou Hills.
(B) In an area within sections 5, 6, 7, and 8, T. 4 N., R. 10 W.,
Seward Meridian, east of the Sterling Highway right-of-way, including
the Refuge Headquarters complex, the environmental education/cross-
country ski trails, Headquarters and Nordic lakes, and the area north
of the east fork of Slikok Creek and northwest of a prominent seismic
trail to Funny River Road.
(C) In an area including the Swanson River Canoe Route and
portages, beginning at the Paddle Lake parking area, then west and
north along the Canoe Lakes wilderness boundary to the Swanson River,
continuing northeast along the river to Wild Lake Creek, then east to
the west shore of Shoepac Lake, south to the east shore of Antler Lake,
and west to the beginning point near Paddle Lake.
(D) In an area including the Swan Lake Canoe Route and several
road-connected public recreational lakes, bounded on the west by the
Swanson River Road, on the north by the Swan Lake Road, on the east by
a line from the east end of Swan Lake Road south to the west bank of
the Moose River, and on the south by the refuge boundary.
(E) In the Skilak Wildlife Recreation Area, except on Hidden,
Kelly, Petersen, and Engineer lakes only to provide access for ice
fishing. You must enter and exit these lakes via the existing boat
ramps and operate exclusively on the lakes. Within the Skilak Wildlife
Recreation Area, only Upper and Lower Skilak Lake campground boat
launches may be used as access points for snowmobile use on Skilak
Lake.
(F) On maintained roads within the refuge. Snowmobiles may cross a
maintained road after stopping.
(G) For racing, or to herd, harass, haze, pursue, or drive
wildlife.
(5) Hunting and trapping. We allow hunting and trapping on the
refuge in accordance with State and Federal laws and consistent with
the following provisions:
(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. 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 bear, 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.
(iii) We prohibit hunting big game with the aid or use of a dog,
with the exception of hunting for black bear, 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.
(iv) We prohibit hunting and trapping within sections 5, 6, 7, and
8, T. 4 N., R. 10 W., Seward Meridian, encompassing the Kenai Refuge
Headquarters, Environmental Education Center, Visitor Center Complex,
and associated public use trails. A map of closure areas is available
at Refuge Headquarters.
(v) The additional provisions for hunting and trapping within the
Skilak Wildlife Recreation Area are set forth in paragraph (i)(6) of
this section.
(6) Hunting and trapping within the Skilak Wildlife Recreation
Area. (i) The Skilak Wildlife Recreation Area is bound by a line
beginning at the easternmost junction of the Sterling Highway and the
Skilak Loop Road (Mile 58), then due south to the south bank of the
Kenai River, then southerly along the south bank of the Kenai River to
its confluence with Skilak Lake, then westerly along the north shore of
Skilak Lake to Lower Skilak Campground, then northerly along the Lower
Skilak campground road and the Skilak Loop Road to its westernmost
junction with the Sterling Highway (Mile 75.1), then easterly along the
Sterling Highway to the point of origin.
(ii) The Skilak Wildlife Recreation Area (Skilak Loop Management
Area) is closed to hunting and trapping, except as provided in
paragraphs (i)(6)(iii) and (iv) of this section.
(iii) You may hunt moose only with a permit issued by the Alaska
Department of Fish and Game and in accordance with the provisions set
forth in paragraph (i)(5) of this section.
(iv) You may hunt small game in accordance with the provisions set
forth in paragraph (i)(5) of this section and:
(A) Using falconry and bow and arrow only from October 1 through
March 1; or
(B) If you are a youth hunter 16 years old or younger, who is
accompanied by a licensed hunter 18 years old or older who has
successfully completed a certified hunter education course (if the
youth hunter has not), or by someone born on or before January 1, 1986.
Youth hunters must use standard .22 rimfire or shotgun, and may hunt
only in that portion of the area west of a line from the access road
from the Sterling Highway to Kelly Lake, the Seven Lakes
[[Page 27046]]
Trail, and the access road from Engineer Lake to Skilak Lake Road, and
north of the Skilak Lake Road. The youth hunt occurs during each
weekend from November 1 to December 31, including the Friday following
Thanksgiving. State of Alaska bag limit regulations apply.
(7) Fishing. We allow fishing on the refuge in accordance with
State and Federal laws, and consistent with the following provisions:
(i) We prohibit fishing during hours of operation of the Russian
River Ferry along the south bank of the Kenai River from a point 100
feet upstream to a point 100 feet downstream of the ferry dock.
(ii) Designated areas along the Kenai River at the two Moose Range
Meadows public fishing facilities along Keystone Drive are closed to
public access and use. At these facilities, we allow fishing only from
the fishing platforms and by wading in the Kenai River. To access the
river, you must enter and exit from the stairways attached to the
fishing platforms. We prohibit fishing from, walking or placing
belongings on, or otherwise occupying designated areas along the river
in these areas.
(8) Public use cabin and camping area management. We allow camping
and use of public use cabins on the refuge in accordance with the
following conditions:
(i) Unless otherwise further restricted, camping may not exceed 14
days in any 30-day period anywhere on the refuge.
(ii) Campers may not spend more than 7 consecutive days at Hidden
Lake Campground or in public use cabins.
(iii) The Refuge Manager may establish a fee and registration
permit system for overnight camping at designated campgrounds and
public use cabins. At all of the refuge's fee-based campgrounds and
public use cabins, you must pay the fee in full prior to occupancy. No
person may attempt to reserve a refuge campsite by placing a placard,
sign, or any item of personal property on a campsite. Reservations and
a cabin permit are required for public use cabins, with the exception
of the Emma Lake and Trapper Joe cabins, which are available on a
first-come, first-served basis. Information on the refuge's public use
cabin program is available from Refuge Headquarters and online at
http://www.recreation.gov.
(iv) Campers in developed campgrounds and public use cabins must
follow all posted campground and cabin occupancy rules.
(v) You must observe quiet hours from 11:00 p.m. until 7:00 a.m. in
all developed campgrounds, parking areas, and public use cabins.
(vi) Within developed campgrounds, we allow camping only in
designated sites.
(vii) Campfires. (A) Within developed campgrounds, we allow open
fires only in portable, self-contained, metal fire grills, or in the
permanent fire grates provided. We prohibit moving a permanent fire
grill or grate to a new location.
(B) Campers and occupants of public use cabins may cut only dead
and down vegetation for campfire use.
(C) You must completely extinguish (put out cold) all campfires
before permanently leaving a campsite.
(viii) While occupying designated campgrounds, parking areas, or
public use cabins, all food (including lawfully retained fish,
wildlife, or their parts), beverages, personal hygiene items, odiferous
refuse, or any other item that may attract bears or other wildlife, and
all equipment used to transport, store, or cook these items (such as
coolers, backpacks, camp stoves, and grills) must be:
(A) Locked in a hard-sided vehicle, camper, or camp trailer; in a
cabin; or in a commercially produced and certified bear-resistant
container; or
(B) Immediately accessible to at least one person who is outside
and attending to the items.
(ix) We prohibit deposition of solid human waste within 100 feet of
annual mean high water level of any wetland, lake, pond, spring, river,
stream, campsite, or trail. In the Swan Lake and Swanson River Canoe
Systems, you must bury solid human waste to a depth of 6 to 8 inches.
(x) We prohibit tent camping within 600 feet of each public use
cabin, except by members and guests of the party registered to that
cabin.
(xi) Within 100 yards of the Kenai River banks along the Upper
Kenai River from river mile 73 to its confluence with Skilak Lake
(river mile 65), we allow camping only at designated primitive
campsites. Campers can spend no more than 3 consecutive nights at the
designated primitive campsites.
(xii) We prohibit camping in the following areas of the refuge:
(A) Within \1/4\ mile of the Sterling Highway, Ski Hill, or Skilak
Loop roads, except in designated campgrounds.
(B) On the two islands in the lower Kenai River between mile 25.1
and mile 28.1 adjacent to the Moose Range Meadows Subdivision.
(C) At the two refuge public fishing facilities and the boat
launching facility along Keystone Drive within the Moose Range Meadows
Subdivision, including within parking areas, and on trails, fishing
platforms, and associated refuge lands.
(9) Other uses and activities--(i) Must I register to canoe on the
refuge? Canoeists on the Swanson River and Swan Lake Canoe Routes must
register at entrance points using the registration forms provided. The
maximum group size on the Canoe Routes is 15 people. The Refuge Manager
may authorize larger groups under the terms and conditions of a special
use permit (FWS Form 3-1383-G).
(ii) May I use motorized equipment within designated Wilderness
areas on the refuge? Within the Kenai Wilderness, except as provided in
this paragraph (i), we prohibit the use of motorized equipment,
including, but not limited to, chainsaws; generators; power tools;
powered ice augers; and electric, gas, or diesel power units. We allow
the use of motorized wheelchairs, when used by those whose disabilities
require wheelchairs for locomotion. We allow the use of snowmobiles,
airplanes, and motorboats in designated areas in accordance with the
regulations in this paragraph (i).
(iii) May I use non-motorized wheeled vehicles on the refuge? Yes,
you may use bicycles and other non-motorized wheeled vehicles, but only
on refuge roads and rights-of-way designated for public vehicular
access. In addition, you may use non-motorized, hand-operated, wheeled
game carts, specifically manufactured for such purpose, to transport
meat of legally harvested big game on designated industrial roads
closed to public vehicular access. Information on these designated
roads is available from Refuge Headquarters. Further, you may use a
wheelchair if you have a disability that requires its use for
locomotion.
(iv) May I ride or use horses, mules, or other domestic animals as
packstock on the refuge? Yes, as authorized under State law, except on
the Fuller Lakes Trail and on all trails within the Skilak Wildlife
Recreation Area and the Refuge Headquarters area. All animals used as
packstock must remain in the immediate control of the owner, or his/her
designee. All hay and feed used on the refuge for domestic stock and
sled dogs must be certified under the State of Alaska's Weed Free
Forage certification program.
(v) Are pets allowed on the refuge? Yes, pets are allowed, but you
must be in control of your pet(s) at all times. Pets in developed
campgrounds and parking lots must be on a leash that is no longer than
9 feet in length. Pets are not allowed on hiking and ski trails in the
Refuge Headquarters area.
[[Page 27047]]
(vi) May I cut firewood on the refuge? The Refuge Manager may open
designated areas of the refuge for firewood cutting. You may cut and/or
remove firewood only for personal, noncommercial use, and only as
authorized under the terms and conditions of a special use permit (FWS
Form 3-1383-G) issued by the Refuge Manager.
(vii) May I cut Christmas trees on the refuge? You may cut one
spruce tree per household per year no larger than 20 feet in height
from Thanksgiving through Christmas Day. Trees may be taken anywhere on
the refuge, except that we prohibit taking trees from within the 2-
square-mile Refuge Headquarters area on Ski Hill Road. Trees must be
harvested with hand tools, and must be at least 150 feet from roads,
trails, campgrounds, picnic areas, and waterways (lakes, rivers,
streams, or ponds). Stumps from harvested trees must be trimmed to less
than 6 inches in height.
(viii) May I pick berries and other edible plants on the refuge?
You may pick and possess unlimited quantities of berries, mushrooms,
and other edible plants for personal, noncommercial use.
(ix) May I collect shed antlers on the refuge? You may collect and
keep up to eight (8) naturally shed moose and/or caribou antlers
annually for personal, noncommercial use. You may collect no more than
two (2) shed antlers per day.
(x) May I leave personal property on the refuge? You may not leave
personal property unattended longer than 72 hours unless in a
designated area or as authorized under the terms and conditions of a
special use permit (FWS Form 3-1383-G) issued by the Refuge Manager.
However, refuge visitors involved in approved, extended overnight
activities, including hunting, fishing, and camping, may leave personal
property unattended during their continuous stay, but in no case longer
than 14 days.
(xi) If I find research marking devices, what do I do? You must
return any radio transmitter collars, neck and leg bands, ear tags, or
other fish and wildlife marking devices found or recovered from fish
and wildlife on the refuge within 5 days of leaving the refuge to the
Refuge Manager or the Alaska Department of Fish and Game.
(xii) Are there special regulations for alcoholic beverages? In
addition to the provisions of 50 CFR 27.81, anyone under the age of 21
years may not knowingly consume, possess, or control alcoholic
beverages on the refuge in violation of State of Alaska law or
regulations.
(xiii) Are there special regulations for public gatherings on the
refuge? In addition to the provisions of 50 CFR 26.36, a special use
permit (FWS Form 3-1383-G) is required for any outdoor public gathering
of more than 20 persons.
(10) Areas of the refuge closed to public use. (i) From March 15
through September 30, you may not approach within 100 yards of, or walk
on or otherwise occupy, the rock outcrop islands in Skilak Lake
traditionally used by nesting cormorants and gulls. A map depicting the
closure is available from the Refuge Headquarters.
(ii) Headquarters Lake, adjacent to the Kenai Refuge Headquarters
area, is closed to boating.
(11) Area-specific regulations for the Russian River Special
Management Area. The Russian River Special Management Area includes all
refuge lands and waters within \1/4\ mile of the eastern refuge
boundary along the Russian River from the upstream end of the fish
ladder at Russian River Falls downstream to the confluence with the
Kenai River, and within \1/4\ mile of the Kenai River from the eastern
refuge boundary downstream to the upstream side of the powerline
crossing at river mile 73, and areas managed by the refuge under
memorandum of understanding or lease agreement at the Sportsman Landing
facility. In the Russian River Special Management Area:
(i) While recreating on or along the Russian and Kenai rivers, you
must closely attend or acceptably store all attractants, and all
equipment used to transport attractants (such as backpacks and coolers)
at all times. Attractants are any substance, natural or manmade,
including but not limited to, items of food, beverage, personal
hygiene, or odiferous refuse that may draw, entice, or otherwise cause
a bear or other wildlife to approach. Closely attend means to retain on
the person or within the person's immediate control and in no case more
than 3 feet from the person. Acceptably store means to lock within a
commercially produced and certified bear-resistant container.
(ii) While recreating on or along the Russian and Kenai rivers, you
must closely attend or acceptably store all lawfully retained fish at
all times. Closely attend means to keep within view of the person and
be near enough for the person to quickly retrieve, and in no case more
than 12 feet from the person. Acceptably store means to lock within a
commercially produced and certified bear-resistant container.
(iii) We prohibit overnight camping except in designated camping
facilities at the Russian River Ferry and Sportsman's Landing parking
areas. Campers may not spend more than 2 consecutive days at these
designated camping facilities.
(iv) You may start or maintain a fire only in designated camping
facilities at the Russian River Ferry and Sportsman's Landing parking
areas, and then only in portable, self-contained, metal fire grills, or
in the permanent fire grates provided. We prohibit moving a permanent
fire grill or grate to a new location. You must completely extinguish
(put out cold) all campfires before permanently leaving your campsite.
(12) Area-specific regulations for the Moose Range Meadows
Subdivision non-development and public use easements. (i) Where the
refuge administers two variable width, non-development easements held
by the United States and overlaying private lands within the Moose
Range Meadows Subdivision on either shore of the Kenai River between
river miles 25.1 and 28.1, you may not erect any building or structure
of any kind; remove or disturb gravel, topsoil, peat, or organic
material; remove or disturb any tree, shrub, or plant material of any
kind; start a fire; or use a motorized vehicle of any kind (except a
wheelchair occupied by a person with a disability), unless such use is
authorized under the terms and conditions of a special use permit (FWS
Form 3-1383-G) issued by the Refuge Manager.
(ii) Where the refuge administers two 25-foot-wide public use
easements held by the United States and overlaying private lands within
the Moose Range Meadows Subdivision on either shore of the Kenai River
between river miles 25.1 and 28.1, we allow public entry subject to
applicable Federal regulations and the following provisions:
(A) You may walk upon or along, fish from, or launch or beach a
boat upon an area 25 feet upland of ordinary high water, provided that
no vehicles (except wheelchairs) are used. We prohibit non-emergency
camping, structure construction, and brush or tree cutting within the
easements.
(B) From July 1 to August 15, you may not use or access any portion
of the 25-foot-wide public easements or the three designated public
easement trails located parallel to the Homer Electric Association
Right-of-Way from Funny River Road and Keystone Drive to the downstream
limits of the public use easements. Maps depicting the seasonal closure
are available from Refuge Headquarters.
(13) Area-specific regulations for Alaska Native Claims Settlement
Act
[[Page 27048]]
Section 17(b) easements. Where the refuge administers Alaska Native
Claims Settlement Act Section 17(b) easements to provide access to
refuge lands, no person may block, alter, or destroy any section of the
road, trail, or undeveloped easement, unless such use is authorized
under the terms and conditions of a special use permit (FWS Form 3-
1383-G) issued by the Refuge Manager. No person may interfere with
lawful use of the easement or create a public safety hazard on the
easement. Section 17(b) easements are depicted on a map available from
Refuge Headquarters.
* * * * *
Dated: April 12, 2016.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-10288 Filed 5-4-16; 8:45 am]
BILLING CODE 4333-15-P