80_FR_29375 80 FR 29277 - Refuge-Specific Regulations; Public Use; Kenai National Wildlife Refuge

80 FR 29277 - Refuge-Specific Regulations; Public Use; Kenai National Wildlife Refuge

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 98 (May 21, 2015)

Page Range29277-29286
FR Document2015-12099

We, the U.S. Fish and Wildlife Service (Service), propose to amend our public use regulations for Kenai National Wildlife Refuge (Kenai NWR or Refuge) to clarify the existing regulations; implement management decisions from our June 2010 Kenai NWR revised comprehensive conservation plan (CCP); establish regulations for managing wildlife attractants, including food, refuse, and retained fish; and revise the regulations for hunting and trapping. The proposed regulations are aimed at enhancing 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 would ensure consistency with management policies and approved Refuge management plans.

Federal Register, Volume 80 Issue 98 (Thursday, May 21, 2015)
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Proposed Rules]
[Pages 29277-29286]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12099]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 36

[Docket No. FWS-R7-NWRS-2014-0003: FF07R05000 145 FXRS12610700000]
RIN 1018-AX56


Refuge-Specific Regulations; Public Use; Kenai National Wildlife 
Refuge

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
amend our public use regulations for Kenai National Wildlife Refuge 
(Kenai NWR or Refuge) to clarify the existing regulations; implement 
management decisions from our June 2010 Kenai NWR revised comprehensive 
conservation plan (CCP); establish regulations for managing wildlife 
attractants, including food, refuse, and retained fish; and revise the 
regulations for hunting and trapping. The proposed regulations are 
aimed at enhancing 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 would ensure consistency with 
management policies and approved Refuge management plans.

DATES: To ensure that we are able to consider your comments on this 
proposed rule, we must receive them on or before July 20, 2015. We must 
receive requests for public hearings, in writing, at the address shown 
in the FOR FURTHER INFORMATION CONTACT section by July 6, 2015.

ADDRESSES: You may submit comments on this proposed rule by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for FWS-R7-NWRS-2014-0003, which is the 
docket number for this rulemaking. You may submit a comment by clicking 
on ``Comment Now!'' Please ensure that you have found the correct 
rulemaking before submitting your comment.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R7-NWRS-2014-0003, U.S. Fish and 
Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-
3803.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us. For additional information, see the Request for Comments and Public 
Availability of Comments sections, below.

FOR FURTHER INFORMATION CONTACT: Stephanie Brady, National Wildlife 
Refuge System, Alaska Regional Office, 1011 E. Tudor Rd., Mail Stop 
211, Anchorage, AK 99503; telephone (907) 306-7448; fax (907) 786-3901.

SUPPLEMENTARY INFORMATION: 

Background

    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 are designated as wilderness.
    ANILCA sets out 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;

[[Page 29278]]

    (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:
    (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 them unimpaired for future use 
and enjoyment as wilderness.
    The Refuge is considered by many to be ``Alaska in miniature.'' It 
includes portions of the Harding Ice Field at its highest elevations, 
the western slopes of the Kenai Mountains, and forested lowlands 
bordering Cook Inlet. Treeless alpine and subalpine habitats are home 
to mountain goats, Dall sheep, caribou, wolverine, marmots, and 
ptarmigan. Most of the lower elevations on the Refuge are covered by 
boreal forests composed of spruce and birch forests intermingled with 
hundreds of lakes. Boreal forests are home to moose; wolves; black and 
brown bears; lynx; snowshoe hares; and numerous species of neotropical 
songbirds, such as olive-sided flycatchers, myrtle warblers, and ruby-
crowned kinglets. At sea level, the Refuge encompasses the largest 
estuary on the Peninsula--the Chickaloon River Flats. The Chickaloon 
River Flats provide a major migratory staging area for thousands of 
shorebirds and waterfowl and provide a haul-out area for harbor seals 
and feeding areas for beluga whales.
    Under our regulations implementing ANILCA in Title 50 of the Code 
of Federal Regulations at part 36 (50 CFR 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 of Kenai NWR.
    The current refuge-specific 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 nonmotorized wheeled vehicles; canoeing; and area closures on the 
Refuge.

Proposed Changes

    In this document, we propose to make the following changes to the 
refuge-specific regulations for Kenai NWR:
    (1) Amend regulations affecting the use of aircraft, motorboats, 
motorized vehicles, and snowmobiles;
    (2) Codify restrictions on hunting and trapping within the Skilak 
Wildlife Recreation Area recently established in accordance with the 
procedures set forth at 50 CFR 36.42 (public participation and closure 
procedures);
    (3) Expand a prohibition on the discharge of firearms to include 
areas of intensive public use along the Kenai and Russian rivers;
    (4) Clarify the intent of an existing regulation addressing hunting 
over bait;
    (5) Amend regulations associated with camping, use of public use 
cabins and public fishing facilities, unattended equipment, livestock 
including pack animals, and public gatherings;
    (6) Establish regulations to reduce potential for negative human-
bear interactions;
    (7) Establish regulations for noncommercial gathering of natural 
resources, including collection of edible wild foods and shed antlers; 
and
    (8) Codify 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)).
    We also propose to clarify the existing regulations through editing 
for plain language and through correcting misspellings. Our proposed 
substantive changes are discussed in more detail below.

Implementation of Revised Kenai Comprehensive Conservation Plan

    The revised Kenai NWR comprehensive conservation plan (2010) (CCP) 
addresses five primary issues:
     Management of large-scale habitat changes and the use of 
fire;
     Management of Refuge facilities for public use while 
ensuring natural and cultural resource protection;
     Enhancement of wildlife-oriented recreation opportunities;
     Management of the increasing public use to ensure 
protection of resources, visitor experience, and public safety; and
     Balancing motorized access with protection of resources 
and visitor experiences.
    This proposed rule would implement management direction and/or 
specific actions identified in the CCP and its record of decision that 
are intended to address the latter four issues. Specifically, we 
propose to:
    (1) Allow expanded airplane operation on the Chickaloon River 
Flats, open an additional lake to airplane operation within the Kenai 
wilderness for permitted hunting access, change the dates of prohibited 
aircraft operation on any lake where nesting trumpeter swans or their 
broods or both are present from May 1 to September 30 to May 1 to 
September 10, and prohibit airdrop of any items except under the terms 
and conditions of a special use permit (FWS Form 3-1383-G).
    (2) Prohibit boat motors in excess of 10 horsepower in selected 
lakes and adopt motor horsepower and boat size and capacity 
restrictions for portions of the Kenai River within the Refuge. The 
proposed motor horsepower, motor type and boat size restrictions would 
enhance consistency with existing State boating regulations within the 
Kenai River Special Management Area (11 Alaska Administrative Code 
[AAC] 20.860 and 11 AAC 20.861).
    (3) Clarify that jet skis and personal watercraft are included in 
the list of prohibited motorized watercraft.
    (4) Prohibit the use of snowmobiles to pursue, chase, or herd 
wildlife.
    (5) Establish requirements for use of public fishing facilities to 
ensure protection of sensitive Kenai River shoreline habitats, and 
enhance safety for both ferry passengers and visitors fishing in the 
immediate vicinity of Russian River ferry operations.

[[Page 29279]]

Currently, fishing is prohibited in an area 100 feet downstream of the 
ferry's landing area on the southern shore; the proposed rule would 
expand the closure to include 100 feet upstream of the landing area.
    (6) Clarify requirements for use of developed campgrounds and 
public use cabins including general occupancy, reservations and payment 
of fees, length of stay, management of wildlife attractants and human 
waste, control of pets, and campfire use; prohibit dispersed camping 
within 100 yards of the Kenai River in certain locations to enhance 
protection of sensitive riverbank habitats; and prohibit overnight 
camping at certain developed parking facilities to meet day-use parking 
needs.
    (7) Specify requirements for use of nonmotorized wheeled vehicles 
on designated roads including a new allowance for use of wheeled game 
carts; for use of livestock for packing, including a new requirement 
for use of certified weed-free feed to reduce potential for introducing 
invasive plant species; for allowance of natural resource collection, 
including berries and edible plants and shed antlers for personal use; 
for extension of the allowable time for leaving personal property 
unattended for certain approved extended stay activities; and for 
public gatherings.
    (8) Codify legal requirements governing use of areas where the 
Service administers non-development easements, public use easements, 
and easements made under section 17(b) of ANCSA.
    The CCP and its record of decision are available for public 
inspection on the Federal eRulemaking Portal, http://www.regulations.gov, under Docket No. FWS-R7-NWRS-2014-0003.

Managing Wildlife Attractants To Reduce Negative Human-Bear 
Interactions

    This proposed rule would establish regulations addressing food and 
retained fish storage and handling in an area surrounding the 
confluence of the Kenai and Russian rivers, which we refer to as the 
Russian River-Kenai River Special Management Area. The Russian River 
forms the boundary between the Refuge and the Chugach National Forest. 
Enhancing public safety and wildlife resource conservation in this area 
by reducing the potential for negative human-bear interactions has been 
the focus of formal interagency and stakeholder coordination efforts 
involving the Service; the U.S. Forest Service; Alaska Department of 
Fish and Game; Alaska Department of Natural Resources; Cook Inlet 
Region, Incorporated; and Kenaitze Indian Tribe. Proper food and 
retained fish storage and handling in this area, which hosts one of 
Alaska's most popular and accessible recreational fisheries, are 
necessary and important components of these efforts.
    The proposed rule would codify and make permanent food and retained 
fish regulations that have been issued by the Service as temporary 
restrictions in recent years in accordance with 50 CFR 36.42, and would 
provide consistency with U.S. Forest Service's food and retained fish 
storage regulations applying to adjacent lands within the Chugach 
National Forest (36 CFR 261.58). This consistency among regulations 
would have the added benefit of reducing confusion for the public 
utilizing this area, as visitors regularly use both jurisdictions while 
recreating in the area.

Hunting and Trapping

    By law (National Wildlife Refuge System Administration Act of 1966, 
as amended; Alaska National Interest Lands Conservation Act of 1980), 
regulation (43 CFR 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 addition, under the 
Master Memorandum of Understanding (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 also 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.
    In recognition of the above, nonconflicting State general hunting 
and trapping regulations are usually adopted on NWRs. Hunting and 
trapping, however, remain subject to legal mandates, regulations, and 
management policies pertinent to the administration and management of 
NWRs. For refuges in Alaska, a number of statutes provide authority and 
directives, and three statutes are key: The Alaska National Interest 
Lands Conservation Act (ANILCA) of 1980; the National Wildlife Refuge 
System Administration Act of 1966, as amended; and the Wilderness Act 
of 1964.
    The prohibitions and/or restrictions on hunting and trapping 
proposed by the Service in this rule are necessary to ensure that 
hunting and trapping are regulated in a manner such that these 
activities remain compatible with Kenai NWR's established 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. 
This proposed rule would establish prohibitions and/or restrictions on 
hunting and trapping within the Skilak Wildlife Recreation Area of the 
Refuge, establish a prohibition on the discharge of firearms within \1/
4\ mile of the Kenai and Russian rivers (with the exception of firearms 
used for dispatching legally trapped animals and use of shotguns for 
waterfowl hunting), and clarify the intent of an existing regulation 
that allows the harvest of black bears over bait under the terms and 
conditions of a special use permit (FWS Form 3-1383-G).
    This proposed rule would codify an existing regulatory closure of 
hunting and trapping, with exceptions for certain hunting activities, 
within the Skilak Wildlife Recreation Area, consistent with the 
Service's 2007 Skilak Wildlife Recreation Area Revised Final Management 
Plan (which reaffirmed management objectives for the area established 
under the Refuge's 1985 CCP) and which mimic State of Alaska hunting 
and trapping regulations for the area in effect prior to 2013. The 
Skilak Wildlife Recreation Area is a 44,000-acre area of the Refuge 
that has, since 1985, been managed with a primary emphasis on providing 
enhanced opportunities for wildlife viewing, environmental education, 
and interpretation. Under historic State regulations, the area was 
closed to hunting and trapping, with the exception of hunting of small 
game with bow and arrow and falconry, moose hunting by permit, and 
``youth-only'' firearm hunting of small game. Hunting of all other 
species has been prohibited since 1987.
    This proposed rule would codify the Service's November 2013 
permanent closure, established in accordance with 50 CFR 36.42, to 
hunting and trapping, with the exceptions for moose and small game 
described above, in the Skilak Wildlife Recreation Area (see 78 FR 
66061, November 4, 2013). The Service

[[Page 29280]]

adopted the permanent closure in response to action taken by the Alaska 
Board of Game in March 2013, which opened the Skilak Wildlife 
Recreation Area 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 seasons from November 10 to March 31. The Service 
determined that this hunting of lynx, coyote, and wolf negatively 
impacts meeting objectives in approved Refuge management plans to 
provide enhanced wildlife viewing, environmental education, and 
interpretation opportunities in the area. Meeting Refuge public use 
objectives in the Skilak Wildlife Recreation Area is consistent with 
and directly supports meeting specific Refuge purposes under ANILCA for 
providing the public with opportunities for environmental education and 
interpretation and for a variety of wildlife-dependent recreational 
activities, including wildlife viewing and photography. In addition to 
helping us meet the Refuge's public use objectives, this action helps 
us ensure public safety.
    Also to help ensure protection of public safety, the proposed rule 
would expand areas closed to the discharge of firearms within the 
Refuge by prohibiting discharge of firearms along the Kenai and Russian 
rivers, with exceptions for use of firearms to dispatch animals while 
lawfully trapping in both areas and use of shotguns for waterfowl and 
small game hunting along the Kenai River. These river corridors receive 
intensive recreational use for sport fishing from shorelines and boats 
during open seasons for salmon and resident fish including rainbow 
trout and Dolly Varden, and, on the upper Kenai River for river 
floating, from late spring to freeze-up. The exceptions include an 
allowance for use of shotguns for waterfowl hunting, a popular 
traditional recreational activity occurring from September to mid-
December along the Kenai River in areas downstream of Skilak Lake and 
near the outlet of the river into Skilak Lake. The proposed firearm 
discharge restriction would in effect require that archery equipment be 
used for taking of big game within the designated river corridors. This 
change would enhance consistency with State regulations which prohibit 
the discharge of firearms (with area-specific exceptions) within the 
Kenai River Special Management Area (11 AAC 20.850).
    The proposed rule would clarify an existing regulation which allows 
hunting over bait for the harvest of black bears under the terms and 
conditions of a special use permit (FWS Form 3-1383-G). All other 
hunting over bait is in effect prohibited on the Refuge. This 
clarification is necessary in light of recent action by the Alaska 
Board of Game to allow for the take of brown bears at registered black 
bear baiting stations. It has, and continues to be, the intent of the 
Service to allow baiting only for the take of black bears under the 
existing regulations, and this restriction is currently addressed 
through a stipulation on the refuge special use permit. This change 
would provide additional notice and clarification for the public of 
this intent.
    Maps depicting proposed changes to existing public uses and/or 
public use areas and referred to in the proposed rule are available for 
public inspection on the Federal eRulemaking Portal, http://www.regulations.gov, under Docket No. FWS-R7-NWRS-2014-0003.

Request for Comments

    You may submit comments and materials on this proposed rule by any 
one of the methods listed in the ADDRESSES section. We will not accept 
comments sent by email or fax or to an address not listed in the 
ADDRESSES section.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S Fish and Wildlife 
Service, Alaska Regional Office, Division of Realty and Conservation 
Planning, 1011 East Tudor Road, Anchorage, AK 99503.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Required Determinations

Regulatory Planning and Review (Executive Order 12866)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996)), whenever an agency must publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (small businesses, 
small organizations, and small government jurisdictions). However, no 
regulatory flexibility analysis is required if the head of the agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the RFA to require 
Federal agencies to provide a statement of the factual basis for 
certifying that the rule will not have a significant economic impact on 
a substantial number of small entities. Thus, for a regulatory 
flexibility analysis to be required, impacts must exceed a threshold 
for ``significant impact'' and a threshold for a ``substantial number 
of small entities.'' See 5 U.S.C. 605(b).
    This proposed rule would impact visitor use for wildlife-dependent

[[Page 29281]]

recreation on the Refuge. Modifying the visitor use regulations would 
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 
would represent less than 1 percent of the average recreation use-days 
on the Refuge (1 million visitors annually).
    Small businesses within the retail trade industry (such as hotels, 
gas stations, etc.) (NAIC 44) and accommodation and food service 
establishments (NAIC 72), may be impacted by spending generated by 
Refuge visitation. Seventy-six percent of establishments in the Kenai 
Peninsula Borough qualify as small businesses. This statistic is 
similar for retail trade establishments (72 percent) and accommodation 
and food service establishments (65 percent). Due to the negligible 
change in average recreation days, this proposed rule would have a 
minimal effect on these small businesses.
    With the negligible change in overall visitation anticipated from 
this proposed rule, it is unlikely that a substantial number of small 
entities would have more than a small economic effect. Therefore, we 
certify that, if adopted, this rule would not have a significant 
economic effect on a substantial number of small entities as defined 
under the Regulatory Flexibility Act. An initial regulatory flexibility 
analysis is not required. Accordingly, a Small Entity Compliance Guide 
is not required.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
SBREFA. This rule:
    a. Would not have an annual effect on the economy of $100 million 
or more.
    b. Would not cause a major increase in costs or prices for 
consumers; individual industries; federal, State, or local government 
agencies; or geographic regions.
    c. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This proposed rule would not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The rule would not have a significant or unique 
effect on State, local, or tribal governments or on 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 (Executive Order 12630)

    This proposed rule does not involve the taking of private property 
or otherwise have taking implications under Executive Order 12630. This 
proposed rule, if adopted, would affect the public use and management 
of Kenai NWR, which is managed by the Service in Alaska. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, this proposed rule does 
not have significant Federalism effects. A federalism summary impact 
statement is not required. This proposed rule, if adopted, would affect 
the public use and management of Kenai NWR, which is managed by the 
Service in Alaska, and would not have a substantial direct effect on 
State or local governments in Alaska.

Civil Justice Reform (Executive Order 12988)

    This proposed 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. Meets the criteria of section 3(b) (2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

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), Executive Order 13175 (Consultation and 
Coordination with Indian Tribal Governments), and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis, and we are seeking their 
input to evaluate this proposed rule. In addition, we have evaluated 
this proposed rule under Alaska Native Claims Settlement Act (ANCSA) 
corporation policies. We are consulting with Alaska Native tribes and 
Alaska Native corporations regarding the proposed changes in this rule 
for Kenai NWR.

Paperwork Reduction Act

    This proposed rule does not contain any new collections of 
information that require approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.). The special use permit mentioned in this proposed rule (FWS Form 
3-1383-G) and the information collected on the registration form at 
entrance points are approved by OMB under OMB Control Numbers 1018-0102 
(expires June 30, 2017) and 1018-0153 (expires December 31, 2015). We 
may not conduct or sponsor and you are not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    The Service has analyzed this proposed rule in accordance with the 
criteria of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 
et seq.) and Department of the Interior policy in part 516 of the 
Departmental Manual (516 DM). We have determined that this proposed 
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 proposed rulemaking 
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 Wildlife Recreation Area 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 Wildlife Recreation Area 
Management Plan in October 2006. We distributed approximately 2,500 
copies to individuals, businesses, agencies, and

[[Page 29282]]

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 Wildlife Recreation Area either on the 
Federal eRulemaking Portal, http://www.regulations.gov, under Docket 
No. FWS-R7-NWRS-2014-0003, or by contacting Stephanie Brady (see FOR 
FURTHER INFORMATION CONTACT).

Energy Supply, Distribution, or Use (Executive Order 13211)

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking actions that significantly affect 
energy supply, distribution, or use. We believe that the rule would not 
have any effect on energy supplies, distribution, or use. Therefore, 
this action is not a significant energy action, and no Statement of 
Energy Effects is required.

Clarity of This Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section, above. 
To better help us revise the rule, your comments should be as specific 
as possible. For example, you should tell us the numbers of the 
sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

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.

Proposed Regulation Promulgation

    Accordingly, we propose to amend 50 CFR part 36 as set forth below:

PART 36--ALASKA NATIONAL WILDLIFE REFUGES

0
1. The authority citation for part 36 continues to read as follows:

    Authority: 16 U.S.C. 460(k) et seq., 668dd-668ee, 3101 et seq.

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, snow machine, 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 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:

Bedlam Lake
Bird Lake
Cook Lake
Grouse Lake
King Lake
Mull Lake
Nekutak Lake
Norak Lake
Sandpiper Lake
Scenic Lake
Shoepac Lake
Snowshoe Lake
Taiga Lake
Tangerra Lake
Vogel Lake
Wilderness Lake
Pepper, Gene, and Swanson lakes are open to operation of airplanes only 
to provide access for ice fishing.
(B) Andrew Simons Unit:

Emerald Lake
Green Lake
Harvey Lake
High Lake
Iceberg Lake
Kolomin Lakes
Lower Russian Lake
Martin Lake
Pothole Lake
Twin Lakes
Upper Russian Lake
Windy Lake
Dinglestadt Glacier terminus lake
Wosnesenski Glacier terminus lake
    Tustumena Lake and all lakes within the Kenai Wilderness within 1 
mile of the shoreline of Tustumena Lake.
    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.
    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:


[[Page 29283]]


Afonasi Lake
Anertz Lake
Breeze Lake
Cashka Lake
Dabbler Lake
Dolly Varden Lake
Forest Lake
Imeri Lake
Lili Lake
Mosquito Lake
Nest Lake
Rainbow Lake
Silver Lake
Upper Jean Lake
Watson Lake
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 
SE1/4, section 16 and SW1/4, 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.
    (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) 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. We prohibit the operation of motors with a total propshaft 
horsepower rating of great than 10 horsepower on each of these lakes.
    (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 50 CFR 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.

[[Page 29284]]

    (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.
    (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).
    (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 (i)(6)(iv).
    (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).
    (iv) You may hunt small game in accordance with the provisions set 
forth in paragraph (i)(5) 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 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 from June 1 through August 15 during the 
hours of the Russian River Ferry operation 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.

[[Page 29285]]

    (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), and along the Middle Kenai River downstream of Skilak 
Lake (river mile 50 to river mile 45.5), 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.
    (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 Lake 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 
6 feet in length. Pets are not allowed on hiking and ski trails in the 
Refuge Headquarters area.
    (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

[[Page 29286]]

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 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: May 5, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-12099 Filed 5-20-15; 8:45 am]
 BILLING CODE 4310-55-P



                                                                         Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules                                          29277

                                                  ASTM F2945–12a, ‘‘Standard Specification                Issued in Washington, DC, on May 14,                  (2) By hard copy: Submit by U.S. mail
                                                for Polyamide 11 Gas Pressure Pipe, Tubing,             2015, under authority delegated in 49 CFR             or hand-delivery to: Public Comments
                                                and Fittings’’ (PA–11) (incorporated by                 1.97.                                                 Processing, Attn: FWS–R7–NWRS–
                                                reference, see § 192.7).                                Jeffrey D. Wiese,                                     2014–0003, U.S. Fish and Wildlife
                                                B. Other Listed Specifications for                      Associate Administrator for Pipeline Safety.          Service, MS: BPHC, 5275 Leesburg Pike,
                                                Components                                              [FR Doc. 2015–12113 Filed 5–20–15; 8:45 am]           Falls Church, VA 22041–3803.
                                                   ASME/ANSI B16.40–08, ‘‘Manually                      BILLING CODE 4910–60–P                                  We will post all comments on http:
                                                Operated Thermoplastic Gas Shutoffs and                                                                       //www.regulations.gov. This generally
                                                Valves in Gas Distribution Systems’’                                                                          means that we will post any personal
                                                (incorporated by reference, see § 192.7).               DEPARTMENT OF THE INTERIOR                            information you provide us. For
                                                   ASTM D2513–12ae1, ‘‘Standard                                                                               additional information, see the Request
                                                Specification for Polyethylene (PE) Gas                 Fish and Wildlife Service                             for Comments and Public Availability of
                                                Pressure Pipe, Tubing, and Fittings’’                                                                         Comments sections, below.
                                                (incorporated by reference, see § 192.7).               50 CFR Part 36                                        FOR FURTHER INFORMATION CONTACT:
                                                   ASTM D2517—Thermosetting plastic pipe                                                                      Stephanie Brady, National Wildlife
                                                and tubing, ‘‘Standard Specification for                [Docket No. FWS–R7–NWRS–2014–0003:
                                                                                                        FF07R05000 145 FXRS12610700000]
                                                                                                                                                              Refuge System, Alaska Regional Office,
                                                Reinforced Epoxy Resin Gas Pressure Pipe                                                                      1011 E. Tudor Rd., Mail Stop 211,
                                                and Fittings’’ (incorporated by reference, see          RIN 1018–AX56                                         Anchorage, AK 99503; telephone (907)
                                                § 192.7).                                                                                                     306–7448; fax (907) 786–3901.
                                                   ASTM F2785–12, ‘‘Standard Specification              Refuge-Specific Regulations; Public                   SUPPLEMENTARY INFORMATION:
                                                for Polyamide 12 Gas Pressure Pipe, Tubing,             Use; Kenai National Wildlife Refuge
                                                and Fittings’’ (PA–12) (incorporated by                                                                       Background
                                                reference, see § 192.7).                                AGENCY:    Fish and Wildlife Service,
                                                                                                        Interior.                                               Franklin D. Roosevelt established the
                                                   ASTM F2945–12a, ‘‘Standard Specification
                                                                                                                                                              Kenai National Moose Range (Moose
                                                for Polyamide 11 Gas Pressure Pipe, Tubing,             ACTION:  Proposed rule.
                                                and Fittings’’ (PA–11) (incorporated by
                                                                                                                                                              Range) on December 16, 1941, for the
                                                reference, see § 192.7).                                SUMMARY:    We, the U.S. Fish and                     purpose of ‘‘protecting the natural
                                                   ASTM F1055–98 (2006), ‘‘Standard                     Wildlife Service (Service), propose to                breeding and feeding range of the giant
                                                Specification for Electrofusion Type                    amend our public use regulations for                  Kenai moose on the Kenai Peninsula,
                                                Polyethylene Fittings for Outside Diameter              Kenai National Wildlife Refuge (Kenai                 Alaska, which in this area presents a
                                                Controlled Polyethylene Pipe and Tubing’’               NWR or Refuge) to clarify the existing                unique wildlife feature and an unusual
                                                (incorporated by reference, see § 192.7).               regulations; implement management                     opportunity for the study in its natural
                                                   ASTM F1924–12, ‘‘Standard Specification              decisions from our June 2010 Kenai                    environment of the practical
                                                for Plastic Mechanical Fittings for Use on              NWR revised comprehensive                             management of a big game species that
                                                Outside Diameter Controlled Polyethylene                conservation plan (CCP); establish                    has considerable local economic value’’
                                                Gas Distribution Pipe and Tubing’’                      regulations for managing wildlife                     (Executive Order 8979; see 6 FR 6471,
                                                (incorporated by reference, see § 192.7).               attractants, including food, refuse, and              December 18, 1941).
                                                   ASTM/ANSI F1948–12, ‘‘Standard                       retained fish; and revise the regulations               Section 303(4) of the Alaska National
                                                Specification for Metallic Mechanical
                                                                                                        for hunting and trapping. The proposed                Interest Lands Conservation Act of 1980
                                                Fittings for Use on Outside Diameter                                                                          (ANILCA) (16 U.S.C. 3101 et seq.)
                                                                                                        regulations are aimed at enhancing
                                                Controlled Thermoplastic Gas Distribution                                                                     substantially affected the Moose Range
                                                Pipe and Tubing’’ (incorporated by reference,
                                                                                                        natural resource protection, public use
                                                                                                        activities, and public safety on the                  by modifying its boundaries and
                                                see § 192.7).                                                                                                 broadening its purposes from moose
                                                   ASTM F1973–13, ‘‘Standard Specification              Refuge; are necessary to ensure the
                                                                                                        compatibility of public use activities                conservation to protection and
                                                for Factory Assembled Anodeless Risers and                                                                    conservation of a broad array of fish,
                                                Transition Fittings in Polyethylene (PE) and            with the Refuge’s purposes and the
                                                                                                        Refuge System’s purposes; and would                   wildlife, habitats, and other resources,
                                                Polyamide 11 (PA 11) and Polyamide 12 (PA                                                                     and to providing educational and
                                                12) Fuel Gas Distribution Systems’’                     ensure consistency with management
                                                                                                                                                              recreational opportunities. ANILCA also
                                                (incorporated by reference, see § 192.7).               policies and approved Refuge
                                                                                                                                                              redesignated the Moose Range as the
                                                   ASTM/ANSI F2600–09, ‘‘Standard                       management plans.
                                                                                                                                                              Kenai National Wildlife Refuge (NWR or
                                                Specification for Electrofusion Type                    DATES: To ensure that we are able to
                                                Polyamide-11 Fittings for Outside Diameter
                                                                                                                                                              Refuge) and increased the size of the
                                                                                                        consider your comments on this                        Refuge to 1.92 million acres, of which
                                                Controlled Polyamide-11 Pipe and Tubing’’               proposed rule, we must receive them on
                                                (incorporated by reference, see § 192.7).                                                                     approximately two-thirds are designated
                                                                                                        or before July 20, 2015. We must receive              as wilderness.
                                                   ASTM/ANSI F2145–13, ‘‘Standard                       requests for public hearings, in writing,
                                                Specification for Polyamide 11 (PA–11) and                                                                      ANILCA sets out purposes for each
                                                                                                        at the address shown in the FOR FURTHER               refuge in Alaska; the purposes of Kenai
                                                Polyamide 12 (PA–12) Mechanical Fittings
                                                                                                        INFORMATION CONTACT section by July 6,                NWR are set forth in section 303(4) (B)
                                                for Use on Outside Diameter Controlled
                                                Polyamide 11 and Polyamide 12 Pipe and
                                                                                                        2015.                                                 of ANILCA. The purposes identify some
                                                Tubing’’ (incorporated by reference, see                ADDRESSES: You may submit comments                    of the reasons why Congress established
                                                § 192.7).                                               on this proposed rule by one of the                   the Refuge and set the management
                                                   ASTM F2767–12, ‘‘Specification for                   following methods:                                    priorities for the Refuge. The purposes
                                                Electrofusion Type Polyamide-12 Fittings for               (1) Electronically: Go to the Federal              are as follows:
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                Outside Diameter Controlled Polyamide-12                eRulemaking Portal: http://                             (1) To conserve fish and wildlife
                                                Pipe and Tubing for Gas Distribution’’                  www.regulations.gov. Search for FWS–                  populations and habitats in their natural
                                                (incorporated by reference, see § 192.7).               R7–NWRS–2014–0003, which is the                       diversity including, but not limited to,
                                                   ASTM F2817–10, ‘‘Standard Specification              docket number for this rulemaking. You                moose, bears, mountain goats, Dall
                                                for Poly (Vinyl Chloride) (PVC) Gas Pressure            may submit a comment by clicking on                   sheep, wolves and other furbearers,
                                                Pipe and Fittings for Maintenance or Repair’’           ‘‘Comment Now!’’ Please ensure that                   salmonoids and other fish, waterfowl
                                                (incorporated by reference, see § 192.7).               you have found the correct rulemaking                 and other migratory and nonmigratory
                                                *      *     *       *      *                           before submitting your comment.                       birds;


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                                                29278                    Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

                                                  (2) To fulfill the international treaty               include, but are not limited to,                        We also propose to clarify the existing
                                                obligations of the United States with                   sightseeing, nature observation and                   regulations through editing for plain
                                                respect to fish and wildlife and their                  photography, hunting, fishing, boating,               language and through correcting
                                                habitats;                                               camping, hiking, picnicking, and other                misspellings. Our proposed substantive
                                                  (3) To ensure, to the maximum extent                  related activities (50 CFR 36.31(a)).                 changes are discussed in more detail
                                                practicable and in a manner consistent                     The National Wildlife Refuge                       below.
                                                with the purposes set forth in (1), above,              Administration Act of 1966 (16 U.S.C.
                                                water quality and necessary water                       668dd–668ee), as amended by the                       Implementation of Revised Kenai
                                                quantity within the Refuge;                             National Wildlife Refuge System                       Comprehensive Conservation Plan
                                                  (4) To provide, in a manner consistent                Improvement Act of 1997, defines                         The revised Kenai NWR
                                                with (1) and (2), above, opportunities for              ‘‘wildlife-dependent recreation’’ and                 comprehensive conservation plan (2010)
                                                scientific research, interpretation,                    ‘‘wildlife-dependent recreational use’’               (CCP) addresses five primary issues:
                                                environmental education, and land                       as ‘‘hunting, fishing, wildlife                          • Management of large-scale habitat
                                                management training; and                                observation and photography, or                       changes and the use of fire;
                                                  (5) To provide, in a manner                           environmental education and                              • Management of Refuge facilities for
                                                compatible with these purposes,                         interpretation’’ (16 U.S.C. 668ee (2)). We            public use while ensuring natural and
                                                opportunities for fish and wildlife-                    encourage these uses, and they receive                cultural resource protection;
                                                oriented recreation.                                    emphasis in management of the public                     • Enhancement of wildlife-oriented
                                                  The Wilderness Act of 1964 (16 U.S.C.                 use of Kenai NWR.                                     recreation opportunities;
                                                1131–1136) provides the following                          The current refuge-specific                           • Management of the increasing
                                                purposes for wilderness areas, including                regulations for Kenai NWR are set forth               public use to ensure protection of
                                                the Kenai wilderness area:                              at 50 CFR 36.39(i). These regulations                 resources, visitor experience, and public
                                                  (1) To secure an enduring resource of                 include provisions concerning the                     safety; and
                                                wilderness;                                             operation of aircraft, motorboats, off-                  • Balancing motorized access with
                                                  (2) To protect and preserve the                       road vehicles, and snowmobiles;                       protection of resources and visitor
                                                wilderness character of areas within the                hunting and trapping; camping; timber                 experiences.
                                                National Wilderness Preservation                        removal; personal property; use of                       This proposed rule would implement
                                                System; and                                             nonmotorized wheeled vehicles;                        management direction and/or specific
                                                  (3) To administer the areas for the use                                                                     actions identified in the CCP and its
                                                                                                        canoeing; and area closures on the
                                                and enjoyment of the American people                                                                          record of decision that are intended to
                                                                                                        Refuge.
                                                in a way that will leave them                                                                                 address the latter four issues.
                                                unimpaired for future use and                           Proposed Changes                                      Specifically, we propose to:
                                                enjoyment as wilderness.                                   In this document, we propose to make                  (1) Allow expanded airplane
                                                  The Refuge is considered by many to                   the following changes to the refuge-                  operation on the Chickaloon River Flats,
                                                be ‘‘Alaska in miniature.’’ It includes                 specific regulations for Kenai NWR:                   open an additional lake to airplane
                                                portions of the Harding Ice Field at its                   (1) Amend regulations affecting the                operation within the Kenai wilderness
                                                highest elevations, the western slopes of               use of aircraft, motorboats, motorized                for permitted hunting access, change the
                                                the Kenai Mountains, and forested                       vehicles, and snowmobiles;                            dates of prohibited aircraft operation on
                                                lowlands bordering Cook Inlet. Treeless                    (2) Codify restrictions on hunting and             any lake where nesting trumpeter swans
                                                alpine and subalpine habitats are home                  trapping within the Skilak Wildlife                   or their broods or both are present from
                                                to mountain goats, Dall sheep, caribou,                 Recreation Area recently established in               May 1 to September 30 to May 1 to
                                                wolverine, marmots, and ptarmigan.                      accordance with the procedures set                    September 10, and prohibit airdrop of
                                                Most of the lower elevations on the                     forth at 50 CFR 36.42 (public                         any items except under the terms and
                                                Refuge are covered by boreal forests                    participation and closure procedures);                conditions of a special use permit (FWS
                                                composed of spruce and birch forests                       (3) Expand a prohibition on the                    Form 3–1383–G).
                                                intermingled with hundreds of lakes.                    discharge of firearms to include areas of                (2) Prohibit boat motors in excess of
                                                Boreal forests are home to moose;                       intensive public use along the Kenai                  10 horsepower in selected lakes and
                                                wolves; black and brown bears; lynx;                    and Russian rivers;                                   adopt motor horsepower and boat size
                                                snowshoe hares; and numerous species                       (4) Clarify the intent of an existing              and capacity restrictions for portions of
                                                of neotropical songbirds, such as olive-                regulation addressing hunting over bait;              the Kenai River within the Refuge. The
                                                sided flycatchers, myrtle warblers, and                    (5) Amend regulations associated with              proposed motor horsepower, motor type
                                                ruby-crowned kinglets. At sea level, the                camping, use of public use cabins and                 and boat size restrictions would
                                                Refuge encompasses the largest estuary                  public fishing facilities, unattended                 enhance consistency with existing State
                                                on the Peninsula—the Chickaloon River                   equipment, livestock including pack                   boating regulations within the Kenai
                                                Flats. The Chickaloon River Flats                       animals, and public gatherings;                       River Special Management Area (11
                                                provide a major migratory staging area                     (6) Establish regulations to reduce                Alaska Administrative Code [AAC]
                                                for thousands of shorebirds and                         potential for negative human-bear                     20.860 and 11 AAC 20.861).
                                                waterfowl and provide a haul-out area                   interactions;                                            (3) Clarify that jet skis and personal
                                                for harbor seals and feeding areas for                     (7) Establish regulations for                      watercraft are included in the list of
                                                beluga whales.                                          noncommercial gathering of natural                    prohibited motorized watercraft.
                                                  Under our regulations implementing                    resources, including collection of edible                (4) Prohibit the use of snowmobiles to
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                                                ANILCA in Title 50 of the Code of                       wild foods and shed antlers; and                      pursue, chase, or herd wildlife.
                                                Federal Regulations at part 36 (50 CFR                     (8) Codify restrictions on certain uses               (5) Establish requirements for use of
                                                36), all refuge lands in Alaska are open                within areas of the Refuge under                      public fishing facilities to ensure
                                                to public recreational activities as long               conservation easements and easements                  protection of sensitive Kenai River
                                                as such activities are conducted in a                   made under section 17(b) of the Alaska                shoreline habitats, and enhance safety
                                                manner compatible with the purposes                     Native Claims Settlement Act (ANCSA)                  for both ferry passengers and visitors
                                                for which the refuge was established (50                (43 U.S.C. 1601 et seq.; see 43 U.S.C.                fishing in the immediate vicinity of
                                                CFR 36.31). Such recreational activities                1616(b)).                                             Russian River ferry operations.


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                                                                         Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules                                          29279

                                                Currently, fishing is prohibited in an                  Resources; Cook Inlet Region,                         Conservation Act (ANILCA) of 1980; the
                                                area 100 feet downstream of the ferry’s                 Incorporated; and Kenaitze Indian                     National Wildlife Refuge System
                                                landing area on the southern shore; the                 Tribe. Proper food and retained fish                  Administration Act of 1966, as
                                                proposed rule would expand the closure                  storage and handling in this area, which              amended; and the Wilderness Act of
                                                to include 100 feet upstream of the                     hosts one of Alaska’s most popular and                1964.
                                                landing area.                                           accessible recreational fisheries, are                   The prohibitions and/or restrictions
                                                   (6) Clarify requirements for use of                  necessary and important components of                 on hunting and trapping proposed by
                                                developed campgrounds and public use                    these efforts.                                        the Service in this rule are necessary to
                                                cabins including general occupancy,                       The proposed rule would codify and                  ensure that hunting and trapping are
                                                reservations and payment of fees, length                make permanent food and retained fish                 regulated in a manner such that these
                                                of stay, management of wildlife                         regulations that have been issued by the              activities remain compatible with Kenai
                                                attractants and human waste, control of                 Service as temporary restrictions in                  NWR’s established purposes and the
                                                pets, and campfire use; prohibit                        recent years in accordance with 50 CFR                Refuge System mission; to ensure
                                                dispersed camping within 100 yards of                   36.42, and would provide consistency                  consistency with Service policy,
                                                the Kenai River in certain locations to                 with U.S. Forest Service’s food and                   directives, and approved management
                                                enhance protection of sensitive                         retained fish storage regulations                     plans; to minimize conflicts between
                                                riverbank habitats; and prohibit                        applying to adjacent lands within the                 authorized users of the Refuge; and to
                                                overnight camping at certain developed                  Chugach National Forest (36 CFR                       protect public safety. This proposed rule
                                                parking facilities to meet day-use                      261.58). This consistency among                       would establish prohibitions and/or
                                                parking needs.                                          regulations would have the added                      restrictions on hunting and trapping
                                                   (7) Specify requirements for use of                  benefit of reducing confusion for the                 within the Skilak Wildlife Recreation
                                                nonmotorized wheeled vehicles on                        public utilizing this area, as visitors               Area of the Refuge, establish a
                                                designated roads including a new                        regularly use both jurisdictions while                prohibition on the discharge of firearms
                                                allowance for use of wheeled game                       recreating in the area.                               within 1⁄4 mile of the Kenai and Russian
                                                carts; for use of livestock for packing,                                                                      rivers (with the exception of firearms
                                                including a new requirement for use of                  Hunting and Trapping
                                                                                                                                                              used for dispatching legally trapped
                                                certified weed-free feed to reduce                         By law (National Wildlife Refuge                   animals and use of shotguns for
                                                potential for introducing invasive plant                System Administration Act of 1966, as                 waterfowl hunting), and clarify the
                                                species; for allowance of natural                       amended; Alaska National Interest                     intent of an existing regulation that
                                                resource collection, including berries                  Lands Conservation Act of 1980),                      allows the harvest of black bears over
                                                and edible plants and shed antlers for                  regulation (43 CFR 24), and policy (the               bait under the terms and conditions of
                                                personal use; for extension of the                      Service Manual at 605 FW 1 and 605                    a special use permit (FWS Form 3–
                                                allowable time for leaving personal                     FW 2), the Service must, to the extent                1383–G).
                                                property unattended for certain                         practicable, ensure that refuge                          This proposed rule would codify an
                                                approved extended stay activities; and                  regulations permitting hunting and                    existing regulatory closure of hunting
                                                for public gatherings.                                  fishing are consistent with State laws,               and trapping, with exceptions for
                                                   (8) Codify legal requirements                        regulations, and management plans. In                 certain hunting activities, within the
                                                governing use of areas where the Service                addition, under the Master                            Skilak Wildlife Recreation Area,
                                                administers non-development                             Memorandum of Understanding (1982)                    consistent with the Service’s 2007
                                                easements, public use easements, and                    (MMOU) between the Service and the                    Skilak Wildlife Recreation Area Revised
                                                easements made under section 17(b) of                   Alaska Department of Fish and Game, it                Final Management Plan (which
                                                ANCSA.                                                  is recognized that taking of fish and                 reaffirmed management objectives for
                                                   The CCP and its record of decision are               wildlife by hunting, trapping, or fishing             the area established under the Refuge’s
                                                available for public inspection on the                  on Service lands in Alaska is authorized              1985 CCP) and which mimic State of
                                                Federal eRulemaking Portal, http://                     under applicable State and Federal law                Alaska hunting and trapping regulations
                                                www.regulations.gov, under Docket No.                   unless State regulations are found to be              for the area in effect prior to 2013. The
                                                FWS–R7–NWRS–2014–0003.                                  incompatible with documented refuge                   Skilak Wildlife Recreation Area is a
                                                                                                        goals, objectives, or management plans.               44,000-acre area of the Refuge that has,
                                                Managing Wildlife Attractants To                        The MMOU also commits the Service to                  since 1985, been managed with a
                                                Reduce Negative Human-Bear                              utilize the State’s regulatory process to             primary emphasis on providing
                                                Interactions                                            the maximum extent allowed by Federal                 enhanced opportunities for wildlife
                                                  This proposed rule would establish                    law in developing new or modifying                    viewing, environmental education, and
                                                regulations addressing food and                         existing Federal regulations or                       interpretation. Under historic State
                                                retained fish storage and handling in an                proposing changes in existing State                   regulations, the area was closed to
                                                area surrounding the confluence of the                  regulations governing or affecting the                hunting and trapping, with the
                                                Kenai and Russian rivers, which we                      taking of fish and wildlife on Service                exception of hunting of small game with
                                                refer to as the Russian River–Kenai                     lands in Alaska.                                      bow and arrow and falconry, moose
                                                River Special Management Area. The                         In recognition of the above,                       hunting by permit, and ‘‘youth-only’’
                                                Russian River forms the boundary                        nonconflicting State general hunting                  firearm hunting of small game. Hunting
                                                between the Refuge and the Chugach                      and trapping regulations are usually                  of all other species has been prohibited
                                                National Forest. Enhancing public safety                adopted on NWRs. Hunting and                          since 1987.
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                and wildlife resource conservation in                   trapping, however, remain subject to                     This proposed rule would codify the
                                                this area by reducing the potential for                 legal mandates, regulations, and                      Service’s November 2013 permanent
                                                negative human-bear interactions has                    management policies pertinent to the                  closure, established in accordance with
                                                been the focus of formal interagency and                administration and management of                      50 CFR 36.42, to hunting and trapping,
                                                stakeholder coordination efforts                        NWRs. For refuges in Alaska, a number                 with the exceptions for moose and small
                                                involving the Service; the U.S. Forest                  of statutes provide authority and                     game described above, in the Skilak
                                                Service; Alaska Department of Fish and                  directives, and three statutes are key:               Wildlife Recreation Area (see 78 FR
                                                Game; Alaska Department of Natural                      The Alaska National Interest Lands                    66061, November 4, 2013). The Service


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                                                29280                    Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

                                                adopted the permanent closure in                        hunting over bait for the harvest of black            to withhold your personal identifying
                                                response to action taken by the Alaska                  bears under the terms and conditions of               information from public review, we
                                                Board of Game in March 2013, which                      a special use permit (FWS Form 3–                     cannot guarantee that we will be able to
                                                opened the Skilak Wildlife Recreation                   1383–G). All other hunting over bait is               do so.
                                                Area to taking of lynx, coyote, and wolf                in effect prohibited on the Refuge. This
                                                                                                                                                              Required Determinations
                                                within the area under State hunting                     clarification is necessary in light of
                                                regulations. Under this new State                       recent action by the Alaska Board of                  Regulatory Planning and Review
                                                regulation, which became effective July                 Game to allow for the take of brown                   (Executive Order 12866)
                                                1, 2013, taking of these species is                     bears at registered black bear baiting                  Executive Order 12866 provides that
                                                allowed during open seasons from                        stations. It has, and continues to be, the
                                                                                                                                                              the Office of Information and Regulatory
                                                November 10 to March 31. The Service                    intent of the Service to allow baiting
                                                                                                                                                              Affairs (OIRA) in the Office of
                                                determined that this hunting of lynx,                   only for the take of black bears under
                                                                                                                                                              Management and Budget will review all
                                                coyote, and wolf negatively impacts                     the existing regulations, and this
                                                                                                                                                              significant rules. OIRA has determined
                                                meeting objectives in approved Refuge                   restriction is currently addressed
                                                                                                                                                              that this rule is not significant.
                                                management plans to provide enhanced                    through a stipulation on the refuge
                                                                                                                                                                Executive Order 13563 reaffirms the
                                                wildlife viewing, environmental                         special use permit. This change would
                                                                                                                                                              principles of Executive Order 12866
                                                education, and interpretation                           provide additional notice and
                                                                                                                                                              while calling for improvements in the
                                                opportunities in the area. Meeting                      clarification for the public of this intent.
                                                                                                           Maps depicting proposed changes to                 nation’s regulatory system to promote
                                                Refuge public use objectives in the
                                                                                                        existing public uses and/or public use                predictability, to reduce uncertainty,
                                                Skilak Wildlife Recreation Area is
                                                                                                        areas and referred to in the proposed                 and to use the best, most innovative,
                                                consistent with and directly supports
                                                                                                        rule are available for public inspection              and least burdensome tools for
                                                meeting specific Refuge purposes under
                                                ANILCA for providing the public with                    on the Federal eRulemaking Portal,                    achieving regulatory ends. The
                                                opportunities for environmental                         http://www.regulations.gov, under                     executive order directs agencies to
                                                education and interpretation and for a                  Docket No. FWS–R7–NWRS–2014–                          consider regulatory approaches that
                                                variety of wildlife-dependent                           0003.                                                 reduce burdens and maintain flexibility
                                                recreational activities, including                                                                            and freedom of choice for the public
                                                                                                        Request for Comments                                  where these approaches are relevant,
                                                wildlife viewing and photography. In
                                                addition to helping us meet the Refuge’s                  You may submit comments and                         feasible, and consistent with regulatory
                                                public use objectives, this action helps                materials on this proposed rule by any                objectives. Executive Order 13563
                                                us ensure public safety.                                one of the methods listed in the                      emphasizes further that regulations
                                                   Also to help ensure protection of                    ADDRESSES section. We will not accept                 must be based on the best available
                                                public safety, the proposed rule would                  comments sent by email or fax or to an                science and that the rulemaking process
                                                expand areas closed to the discharge of                 address not listed in the ADDRESSES                   must allow for public participation and
                                                firearms within the Refuge by                           section.                                              an open exchange of ideas. We have
                                                prohibiting discharge of firearms along                   If you submit a comment via http://                 developed this rule in a manner
                                                the Kenai and Russian rivers, with                      www.regulations.gov, your entire                      consistent with these requirements.
                                                exceptions for use of firearms to                       comment—including any personal                        Regulatory Flexibility Act
                                                dispatch animals while lawfully                         identifying information—will be posted
                                                trapping in both areas and use of                       on the Web site. If you submit a                         Under the Regulatory Flexibility Act
                                                shotguns for waterfowl and small game                   hardcopy comment that includes                        (RFA; 5 U.S.C. 601 et seq., as amended
                                                hunting along the Kenai River. These                    personal identifying information, you                 by the Small Business Regulatory
                                                river corridors receive intensive                       may request at the top of your document               Enforcement Fairness Act (SBREFA) of
                                                recreational use for sport fishing from                 that we withhold this information from                1996)), whenever an agency must
                                                shorelines and boats during open                        public review. However, we cannot                     publish a notice of rulemaking for any
                                                seasons for salmon and resident fish                    guarantee that we will be able to do so.              proposed or final rule, it must prepare
                                                including rainbow trout and Dolly                       We will post all hardcopy comments on                 and make available for public comment
                                                Varden, and, on the upper Kenai River                   http://www.regulations.gov.                           a regulatory flexibility analysis that
                                                for river floating, from late spring to                   Comments and materials we receive,                  describes the effects of the rule on small
                                                freeze-up. The exceptions include an                    as well as supporting documentation we                entities (small businesses, small
                                                allowance for use of shotguns for                       used in preparing this proposed rule,                 organizations, and small government
                                                waterfowl hunting, a popular traditional                will be available for public inspection               jurisdictions). However, no regulatory
                                                recreational activity occurring from                    on http://www.regulations.gov, or by                  flexibility analysis is required if the
                                                September to mid-December along the                     appointment, during normal business                   head of the agency certifies the rule will
                                                Kenai River in areas downstream of                      hours, at the U.S Fish and Wildlife                   not have a significant economic impact
                                                Skilak Lake and near the outlet of the                  Service, Alaska Regional Office,                      on a substantial number of small
                                                river into Skilak Lake. The proposed                    Division of Realty and Conservation                   entities. SBREFA amended the RFA to
                                                firearm discharge restriction would in                  Planning, 1011 East Tudor Road,                       require Federal agencies to provide a
                                                effect require that archery equipment be                Anchorage, AK 99503.                                  statement of the factual basis for
                                                used for taking of big game within the                                                                        certifying that the rule will not have a
                                                                                                        Public Availability of Comments                       significant economic impact on a
                                                designated river corridors. This change
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                                                would enhance consistency with State                      Before including your address, phone                substantial number of small entities.
                                                regulations which prohibit the discharge                number, email address, or other                       Thus, for a regulatory flexibility analysis
                                                of firearms (with area-specific                         personal identifying information in your              to be required, impacts must exceed a
                                                exceptions) within the Kenai River                      comment, you should be aware that                     threshold for ‘‘significant impact’’ and a
                                                Special Management Area (11 AAC                         your entire comment—including your                    threshold for a ‘‘substantial number of
                                                20.850).                                                personal identifying information—may                  small entities.’’ See 5 U.S.C. 605(b).
                                                   The proposed rule would clarify an                   be made publicly available at any time.                  This proposed rule would impact
                                                existing regulation which allows                        While you can ask us in your comment                  visitor use for wildlife-dependent


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                                                                         Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules                                           29281

                                                recreation on the Refuge. Modifying the                 rule would not have a significant or                  regarding the proposed changes in this
                                                visitor use regulations would have small                unique effect on State, local, or tribal              rule for Kenai NWR.
                                                incremental changes on total visitor use                governments or on the private sector. A
                                                                                                                                                              Paperwork Reduction Act
                                                days associated with particular                         statement containing the information
                                                activities. For example, visitor use                    required by the Unfunded Mandates                       This proposed rule does not contain
                                                associated with aircraft motorboats and                 Reform Act (2 U.S.C. 1531 et seq.) is not             any new collections of information that
                                                collection of natural resources may                     required.                                             require approval by the Office of
                                                increase slightly. However, visitor use                                                                       Management and Budget (OMB) under
                                                                                                        Takings (Executive Order 12630)                       the Paperwork Reduction Act (44 U.S.C.
                                                associated with camping may decline
                                                slightly. We estimate that the overall                    This proposed rule does not involve                 3501 et seq.). The special use permit
                                                change in recreation use-days would                     the taking of private property or                     mentioned in this proposed rule (FWS
                                                represent less than 1 percent of the                    otherwise have taking implications                    Form 3–1383–G) and the information
                                                average recreation use-days on the                      under Executive Order 12630. This                     collected on the registration form at
                                                Refuge (1 million visitors annually).                   proposed rule, if adopted, would affect               entrance points are approved by OMB
                                                   Small businesses within the retail                   the public use and management of                      under OMB Control Numbers 1018–
                                                trade industry (such as hotels, gas                     Kenai NWR, which is managed by the                    0102 (expires June 30, 2017) and 1018–
                                                stations, etc.) (NAIC 44) and                           Service in Alaska. A takings implication              0153 (expires December 31, 2015). We
                                                accommodation and food service                          assessment is not required.                           may not conduct or sponsor and you are
                                                establishments (NAIC 72), may be                                                                              not required to respond to a collection
                                                                                                        Federalism (Executive Order 13132)                    of information unless it displays a
                                                impacted by spending generated by
                                                Refuge visitation. Seventy-six percent of                  In accordance with Executive Order                 currently valid OMB control number.
                                                establishments in the Kenai Peninsula                   13132, this proposed rule does not have               National Environmental Policy Act
                                                Borough qualify as small businesses.                    significant Federalism effects. A
                                                                                                        federalism summary impact statement is                   The Service has analyzed this
                                                This statistic is similar for retail trade
                                                                                                        not required. This proposed rule, if                  proposed rule in accordance with the
                                                establishments (72 percent) and
                                                                                                        adopted, would affect the public use                  criteria of the National Environmental
                                                accommodation and food service
                                                                                                        and management of Kenai NWR, which                    Policy Act (NEPA; 42 U.S.C. 4321 et
                                                establishments (65 percent). Due to the
                                                                                                        is managed by the Service in Alaska,                  seq.) and Department of the Interior
                                                negligible change in average recreation
                                                                                                        and would not have a substantial direct               policy in part 516 of the Departmental
                                                days, this proposed rule would have a                                                                         Manual (516 DM). We have determined
                                                minimal effect on these small                           effect on State or local governments in
                                                                                                        Alaska.                                               that this proposed rule is considered a
                                                businesses.                                                                                                   categorical exclusion under 516 DM
                                                   With the negligible change in overall                Civil Justice Reform (Executive Order                 8.5(C)(3), which categorically excludes
                                                visitation anticipated from this                        12988)                                                the ‘‘issuance of special regulations for
                                                proposed rule, it is unlikely that a
                                                                                                           This proposed rule complies with the               public use of Service-managed land,
                                                substantial number of small entities
                                                                                                        requirements of Executive Order 12988.                which maintain essentially the
                                                would have more than a small economic
                                                                                                        Specifically, this rule:                              permitted level of use and do not
                                                effect. Therefore, we certify that, if
                                                                                                           a. Meets the criteria of section 3(a)              continue a level of use that has resulted
                                                adopted, this rule would not have a
                                                                                                        requiring that all regulations be                     in adverse environmental impacts.’’
                                                significant economic effect on a
                                                                                                        reviewed to eliminate errors and                      This proposed rulemaking supports the
                                                substantial number of small entities as
                                                                                                        ambiguity and be written to minimize                  Service’s management direction
                                                defined under the Regulatory Flexibility
                                                                                                        litigation; and                                       identified through approved Refuge
                                                Act. An initial regulatory flexibility
                                                                                                           b. Meets the criteria of section 3(b) (2)          management plans, including the 2010
                                                analysis is not required. Accordingly, a
                                                                                                        requiring that all regulations be written             Kenai NWR Revised CCP and the 2007
                                                Small Entity Compliance Guide is not
                                                                                                        in clear language and contain clear legal             Kenai NWR Skilak Wildlife Recreation
                                                required.
                                                                                                        standards.                                            Area Revised Final Management Plan.
                                                Small Business Regulatory Enforcement                                                                            For the CCP, we prepared a draft
                                                                                                        Government-to-Government                              revised CCP and a draft environmental
                                                Fairness Act (SBREFA)
                                                                                                        Relationship With Tribes                              impact statement (DEIS) under NEPA,
                                                   This proposed rule is not a major rule
                                                under 5 U.S.C. 804(2), the SBREFA.                        In accordance with the President’s                  and made them available for comment
                                                This rule:                                              memorandum of April 29, 1994                          for public comment on May 8, 2008 (73
                                                   a. Would not have an annual effect on                (Government-to-Government Relations                   FR 26140). The public comment period
                                                the economy of $100 million or more.                    with Native American Tribal                           on those draft documents began on May
                                                   b. Would not cause a major increase                  Governments; 59 FR 22951), Executive                  8, 2008, and ended on September 1,
                                                in costs or prices for consumers;                       Order 13175 (Consultation and                         2008. We then prepared our final
                                                individual industries; federal, State, or               Coordination with Indian Tribal                       revised CCP and final EIS, and made
                                                local government agencies; or                           Governments), and the Department of                   them available for public comment for
                                                geographic regions.                                     the Interior’s manual at 512 DM 2, we                 30 days, beginning August 27, 2009 (74
                                                   c. Would not have significant adverse                readily acknowledge our responsibility                FR 43718). We announced the
                                                effects on competition, employment,                     to communicate meaningfully with                      availability of the record of decision for
                                                investment, productivity, innovation, or                recognized Federal Tribes on a                        the final revised CCP and final EIS on
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                                                the ability of U.S. based enterprises to                government-to-government basis, and                   January 11, 2010 (75 FR 1404).
                                                compete with foreign-based enterprises.                 we are seeking their input to evaluate                   We completed a draft management
                                                                                                        this proposed rule. In addition, we have              plan and draft environmental
                                                Unfunded Mandates Reform Act                            evaluated this proposed rule under                    assessment (EA) under NEPA for the
                                                   This proposed rule would not impose                  Alaska Native Claims Settlement Act                   Skilak Wildlife Recreation Area
                                                an unfunded mandate on State, local, or                 (ANCSA) corporation policies. We are                  Management Plan in October 2006. We
                                                tribal governments or the private sector                consulting with Alaska Native tribes                  distributed approximately 2,500 copies
                                                of more than $100 million per year. The                 and Alaska Native corporations                        to individuals, businesses, agencies, and


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                                                29282                    Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

                                                organizations that had expressed an                     should tell us the numbers of the                        (i) We allow the operation of airplanes
                                                interest in receiving Kenai NWR                         sections or paragraphs that you find                  within the Kenai Wilderness on the
                                                planning-related documents. We also                     unclear, which sections or sentences are              following designated lakes, and under
                                                announced the availability of these                     too long, the sections where you feel                 the restrictions noted:
                                                documents through radio stations,                       lists or tables would be useful, etc.                    (A) Dave Spencer (Canoe Lakes) Unit:
                                                television stations, and newspapers on                                                                        Bedlam Lake
                                                                                                        Primary Author
                                                the Kenai Peninsula and in the city of                                                                        Bird Lake
                                                Anchorage. An electronic version of the                   Andy Loranger, Refuge Manager,                      Cook Lake
                                                plan was made available on the Kenai                    Kenai NWR, is the primary author of                   Grouse Lake
                                                NWR planning Web site, and a Skilak                     this rulemaking document.                             King Lake
                                                email address was created to facilitate                 List of Subjects in 50 CFR Part 36                    Mull Lake
                                                public comment on the draft plan.                                                                             Nekutak Lake
                                                Presentations were made to the Alaska                     Alaska, Recreation and recreation                   Norak Lake
                                                Board of Game and the Friends of                        areas, Reporting and recordkeeping                    Sandpiper Lake
                                                Alaska National Wildlife Refuges. The                   requirements, Wildlife refuges.                       Scenic Lake
                                                draft plan and draft environmental                      Proposed Regulation Promulgation                      Shoepac Lake
                                                assessment (EA) were made available for                                                                       Snowshoe Lake
                                                                                                          Accordingly, we propose to amend 50                 Taiga Lake
                                                public review and comment during a
                                                                                                        CFR part 36 as set forth below:                       Tangerra Lake
                                                30-day period ending November 17,
                                                2006. We signed a finding of no                                                                               Vogel Lake
                                                                                                        PART 36—ALASKA NATIONAL                               Wilderness Lake
                                                significant impact (FONSI) for the final                WILDLIFE REFUGES
                                                revised management plan first on                                                                              Pepper, Gene, and Swanson lakes are
                                                December 6, 2006, and then later (as                    ■ 1. The authority citation for part 36                  open to operation of airplanes only to
                                                corrected) on May 11, 2007.                             continues to read as follows:                            provide access for ice fishing.
                                                   You can obtain copies of the CCP/EIS                                                                       (B) Andrew Simons Unit:
                                                                                                          Authority: 16 U.S.C. 460(k) et seq., 668dd–
                                                and the revised final management plan                   668ee, 3101 et seq.
                                                                                                                                                              Emerald Lake
                                                for the Skilak Wildlife Recreation Area                                                                       Green Lake
                                                either on the Federal eRulemaking                       ■ 2. Amend § 36.2 by adding, in                       Harvey Lake
                                                Portal, http://www.regulations.gov,                     alphabetical order, definitions for                   High Lake
                                                under Docket No. FWS–R7–NWRS–                           ‘‘Operate’’ and ‘‘Structure’’ to read as              Iceberg Lake
                                                2014–0003, or by contacting Stephanie                   follows:                                              Kolomin Lakes
                                                Brady (see FOR FURTHER INFORMATION                                                                            Lower Russian Lake
                                                                                                        § 36.2    What do these terms mean?
                                                CONTACT).                                                                                                     Martin Lake
                                                                                                        *      *     *     *    *                             Pothole Lake
                                                Energy Supply, Distribution, or Use                        Operate means to manipulate the                    Twin Lakes
                                                (Executive Order 13211)                                 controls of any conveyance, such as, but              Upper Russian Lake
                                                                                                        not limited to, an aircraft, snow                     Windy Lake
                                                  Executive Order 13211 requires
                                                                                                        machine, motorboat, off-road vehicle, or              Dinglestadt Glacier terminus lake
                                                agencies to prepare Statements of
                                                                                                        any other motorized or non-motorized                  Wosnesenski Glacier terminus lake
                                                Energy Effects when undertaking
                                                                                                        form of vehicular transport as to direct                 Tustumena Lake and all lakes within
                                                actions that significantly affect energy
                                                                                                        its travel, motion, or purpose.                       the Kenai Wilderness within 1 mile of
                                                supply, distribution, or use. We believe
                                                that the rule would not have any effect                 *      *     *     *    *                             the shoreline of Tustumena Lake.
                                                on energy supplies, distribution, or use.                  Structure means something                             All unnamed lakes in sections 1 and
                                                Therefore, this action is not a significant             temporarily or permanently constructed,               2, T. 1 S., R. 10 W., and sections 4, 5,
                                                energy action, and no Statement of                      built, or placed; and constructed of                  8, and 9, T. 1 S., R. 9 W., Seward
                                                Energy Effects is required.                             natural or manufactured parts                         Meridian.
                                                                                                        including, but not limited to, a building,               An unnamed lake in sections 28 and
                                                Clarity of This Rule                                    shed, cabin, porch, bridge, walkway,                  29, T. 2 N., R. 4 W., Seward Meridian:
                                                  We are required by Executive Orders                   stair steps, sign, landing, platform, dock,           The Refuge Manager may issue a special
                                                12866 and 12988 and by the                              rack, fence, telecommunication device,                use permit (FWS Form 3–1383–G) for
                                                Presidential Memorandum of June 1,                      antennae, fish cleaning table, satellite              the operation of airplanes on this lake
                                                1998, to write all rules in plain                       dish/mount, or well head.                             to successful applicants for certain State
                                                language. This means that each rule we                  *      *     *     *    *                             of Alaska, limited-entry, drawing permit
                                                publish must:                                           ■ 3. Amend § 36.39 by revising                        hunts. Successful applicants should
                                                  (a) Be logically organized;                           paragraph (i) to read as follows:                     contact the Refuge Manager to request
                                                  (b) Use the active voice to address                                                                         information.
                                                readers directly;                                       § 36.39    Public use.                                   (C) Mystery Creek Unit:
                                                  (c) Use common, everyday words and                    *     *     *     *    *                                 An unnamed lake in section 11, T. 6
                                                clear language rather than jargon;                        (i) Kenai National Wildlife Refuge.                 N., R. 5 W., Seward Meridian.
                                                  (d) Be divided into short sections and                Maps of designated areas open to                         (ii) We allow the operation of
                                                sentences; and                                          specific public use activities on the                 airplanes on all lakes outside of the
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                                                  (e) Use lists and tables wherever                     refuge are available from Refuge                      Kenai Wilderness, except that we
                                                possible.                                               Headquarters at the following address: 1              prohibit aircraft operation on:
                                                  If you feel that we have not met these                Ski Hill Road, Soldotna, AK.                             (A) The following lakes with
                                                requirements, send us comments by one                     (1) Aircraft. Except in an emergency,               recreational developments, including,
                                                of the methods listed in the ADDRESSES                  the operation of aircraft on the Kenai                but not limited to, campgrounds,
                                                section, above. To better help us revise                National Wildlife Refuge is authorized                campsites, and public hiking trails
                                                the rule, your comments should be as                    only in designated areas, as described in             connected to road waysides, north of the
                                                specific as possible. For example, you                  this paragraph (i)(1).                                Sterling Highway:


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                                                                         Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules                                           29283

                                                Afonasi Lake                                               (i) We allow motorboat operation on                and legal for highway use may operate
                                                Anertz Lake                                             all waters of the refuge, except that:                on designated roads, rights-of-way, and
                                                Breeze Lake                                                (A) We prohibit motorboat operation                parking areas open to public vehicular
                                                Cashka Lake                                             within the Dave Spencer (Canoe Lakes)                 access. This prohibition applies to off-
                                                Dabbler Lake                                            Unit of the Kenai Wilderness, including               road vehicle operation on lake and river
                                                Dolly Varden Lake                                       those portions of the Moose and                       ice. At the operator’s risk, we allow
                                                Forest Lake                                             Swanson rivers within this Unit, except               licensed and registered motor vehicles
                                                Imeri Lake                                              that we allow motorboat operation on                  designed and legal for highway use on
                                                Lili Lake                                               those lakes designated for airplane                   Hidden, Engineer, Kelly, Petersen, and
                                                Mosquito Lake                                           operations as provided in paragraph                   Watson lakes only to provide access for
                                                Nest Lake                                               (i)(1) and shown on a map available                   ice fishing. You must enter and exit the
                                                Rainbow Lake                                            from Refuge Headquarters.                             lakes via existing boat ramps.
                                                Silver Lake                                                (B) We prohibit motorboat operation                   (ii) We prohibit the operation of air
                                                Upper Jean Lake                                         on the Kenai River from the eastern                   cushion watercraft, air-thrust boats, jet
                                                Watson Lake                                             refuge boundary near Sportsmans                       skis and other personal watercraft, and
                                                Weed Lake                                               Landing and the confluence of the                     all other motorized watercraft except
                                                   (B) All lakes within the Skilak                      Russian River downstream to Skilak                    motorboats.
                                                Wildlife Recreation Area (south of                      Lake. You may have a motor attached to
                                                Sterling Highway and north of Skilak                                                                             (iii) The Refuge Manager may issue a
                                                                                                        your boat and drift or row through this               special use permit (FWS Form 3–1383–
                                                Lake), except for Bottenintnin Lake                     section, provided the motor is not
                                                (open to airplanes year-round) and                                                                            G) for the operation of specialized off-
                                                                                                        operating.                                            road vehicles and watercraft for certain
                                                Hidden Lake (open to airplanes only to                     (C) We prohibit motorboat operation
                                                provide access for ice fishing).                                                                              administrative activities (to include fish
                                                                                                        on the Kenai River from the outlet of                 and wildlife-related monitoring,
                                                   (C) Headquarters Lake (south of                      Skilak Lake (river mile 50) downstream
                                                Soldotna), except for administrative                                                                          vegetation management, and
                                                                                                        for approximately 3 miles (river mile 47)             infrastructure maintenance in permitted
                                                purposes. You must request permission                   between March 15 and June 14,
                                                from the Refuge Manager.                                                                                      rights-of-way).
                                                                                                        inclusive. You may have a motor                          (4) Snowmobiles. We allow the
                                                   (iii) Notwithstanding any other                      attached to your boat and drift or row
                                                provisions of this part, we prohibit the                                                                      operation of snowmobiles only in
                                                                                                        through this section, provided the motor              designated areas and only under the
                                                operation of aircraft from May 1 through                is not operating.
                                                September 10 on any lake where nesting                                                                        following conditions:
                                                                                                           (D) We prohibit the operation of
                                                trumpeter swans or their broods or both                                                                          (i) We allow the operation of
                                                                                                        motors with a total propshaft
                                                are present.                                                                                                  snowmobiles from December 1 through
                                                                                                        horsepower rating greater than 10
                                                   (iv) We prohibit the operation of                                                                          April 30 only when the Refuge Manager
                                                                                                        horsepower on the Moose, Swanson,
                                                wheeled airplanes, with the following                                                                         determines that there is adequate snow
                                                                                                        Funny, Chickaloon (upstream of river
                                                exceptions:                                                                                                   cover to protect underlying vegetation
                                                                                                        mile 7.5), Killey, and Fox rivers.
                                                   (A) We allow the operation of                           (E) On the Kenai River downstream of               and soils. During this time, the Refuge
                                                wheeled airplanes, at the pilot’s risk, on              Skilak Lake (river mile 50) to the refuge             Manager will authorize, through public
                                                the unmaintained Big Indian Creek                       boundary (river mile 45.5), we restrict               notice (a combination of any or all of the
                                                Airstrip; on gravel areas within 1⁄2 mile               motorboat operation to only those                     following: Internet, newspaper, radio,
                                                of Wosnesenski Glacier terminus lake;                   motorboats with 4-stroke or direct fuel               and/or signs), the use of snowmobiles
                                                and within the SE1/4, section 16 and                    injection motors with a total propshaft               less than 48 inches in width and less
                                                SW1/4, section 15, T. 4 S., R. 8 W.,                    horsepower rating of 50 horsepower or                 than 1,000 pounds (450 kg) in weight.
                                                Seward Meridian.                                        less, and that are up to 21 feet in length               (ii) We prohibit snowmobile
                                                   (B) We allow the operation of wheeled                and up to 106 inches in width. On                     operation:
                                                airplanes, at the pilot’s risk, within                  Skilak Lake, we restrict motorboat                       (A) In all areas above timberline,
                                                designated areas of the Chickaloon River                operation to only those motorboats with               except the Caribou Hills.
                                                Flats.                                                  4-stroke or direct fuel injection motors.                (B) In an area within sections 5, 6, 7,
                                                   (v) We allow the operation of                           (F) A ‘‘no wake’’ restriction applies to           and 8, T. 4 N., R. 10 W., Seward
                                                airplanes on the Kasilof River, on the                  the entire water body of Engineer,                    Meridian, east of the Sterling Highway
                                                Chickaloon River (from the outlet to                    Upper and Lower Ohmer, Bottenintnin,                  right-of-way, including the Refuge
                                                mile 6.5), and on the Kenai River below                 Upper and Lower Jean, Kelly, Petersen,                Headquarters complex, the
                                                Skilak Lake (from June 15 through                       Watson, Imeri, Afonasi, Dolly Varden,                 environmental education/cross-country
                                                March 14). We prohibit aircraft                         and Rainbow lakes. We prohibit the                    ski trails, Headquarters and Nordic
                                                operation on all other rivers on the                    operation of motors with a total                      lakes, and the area north of the east fork
                                                refuge.                                                 propshaft horsepower rating of great                  of Slikok Creek and northwest of a
                                                   (vi) We prohibit the operation of                    than 10 horsepower on each of these                   prominent seismic trail to Funny River
                                                unlicensed aircraft anywhere on the                     lakes.                                                Road.
                                                refuge except as authorized under terms                    (ii) Notwithstanding any other                        (C) In an area including the Swanson
                                                and conditions of a special use permit                  provisions of these regulations, we                   River Canoe Route and portages,
                                                (FWS Form 3–1383–G) issued by the                       prohibit the operation of motorboats                  beginning at the Paddle Lake parking
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                                                Refuge Manager.                                         from May 1 through September 10 on                    area, then west and north along the
                                                   (vii) We prohibit air dropping any                   any lake where nesting trumpeter swans                Canoe Lakes wilderness boundary to the
                                                items within the Kenai Wilderness                       or their broods or both are present.                  Swanson River, continuing northeast
                                                except as authorized under terms and                       (3) Off-road vehicles.                             along the river to Wild Lake Creek, then
                                                conditions of a special use permit (FWS                    (i) We prohibit the operation of all off-          east to the west shore of Shoepac Lake,
                                                Form 3–1383–G) issued by the Refuge                     road vehicles, as defined at 50 CFR 36.2,             south to the east shore of Antler Lake,
                                                Manager.                                                except that four-wheel drive, licensed,               and west to the beginning point near
                                                   (2) Motorboats.                                      and registered motor vehicles designed                Paddle Lake.


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                                                29284                    Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

                                                   (D) In an area including the Swan                    Center, Visitor Center Complex, and                   the south bank of the Kenai River from
                                                Lake Canoe Route and several road-                      associated public use trails. A map of                a point 100 feet upstream to a point 100
                                                connected public recreational lakes,                    closure areas is available at Refuge                  feet downstream of the ferry dock.
                                                bounded on the west by the Swanson                      Headquarters.                                            (ii) Designated areas along the Kenai
                                                River Road, on the north by the Swan                       (v) The additional provisions for                  River at the two Moose Range Meadows
                                                Lake Road, on the east by a line from the               hunting and trapping within the Skilak                public fishing facilities along Keystone
                                                east end of Swan Lake Road south to the                 Wildlife Recreation Area are set forth in             Drive are closed to public access and
                                                west bank of the Moose River, and on                    paragraph (i)(6).                                     use. At these facilities, we allow fishing
                                                the south by the refuge boundary.                          (6) Hunting and trapping within the                only from the fishing platforms and by
                                                   (E) In the Skilak Wildlife Recreation                Skilak Wildlife Recreation Area.                      wading in the Kenai River. To access the
                                                Area, except on Hidden, Kelly, Petersen,                   (i) The Skilak Wildlife Recreation                 river, you must enter and exit from the
                                                and Engineer lakes only to provide                      Area is bound by a line beginning at the              stairways attached to the fishing
                                                access for ice fishing. You must enter                  easternmost junction of the Sterling                  platforms. We prohibit fishing from,
                                                and exit these lakes via the existing boat              Highway and the Skilak Loop Road                      walking or placing belongings on, or
                                                ramps and operate exclusively on the                    (Mile 58), then due south to the south                otherwise occupying designated areas
                                                lakes. Within the Skilak Wildlife                       bank of the Kenai River, then southerly               along the river in these areas.
                                                Recreation Area, only Upper and Lower                   along the south bank of the Kenai River
                                                                                                                                                                 (8) Public use cabin and camping area
                                                Skilak Lake campground boat launches                    to its confluence with Skilak Lake, then
                                                                                                                                                              management. We allow camping and
                                                may be used as access points for                        westerly along the north shore of Skilak
                                                                                                                                                              use of public use cabins on the refuge
                                                snowmobile use on Skilak Lake.                          Lake to Lower Skilak Campground, then
                                                                                                                                                              in accordance with the following
                                                   (F) On maintained roads within the                   northerly along the Lower Skilak
                                                                                                                                                              conditions:
                                                refuge. Snowmobiles may cross a                         campground road and the Skilak Loop
                                                maintained road after stopping.                         Road to its westernmost junction with                    (i) Unless otherwise further restricted,
                                                   (G) For racing, or to herd, harass,                  the Sterling Highway (Mile 75.1), then                camping may not exceed 14 days in any
                                                haze, pursue, or drive wildlife.                        easterly along the Sterling Highway to                30-day period anywhere on the refuge.
                                                   (5) Hunting and trapping. We allow                   the point of origin.                                     (ii) Campers may not spend more than
                                                hunting and trapping on the refuge in                      (ii) The Skilak Wildlife Recreation                7 consecutive days at Hidden Lake
                                                accordance with State and Federal laws                  Area (Skilak Loop Management Area) is                 Campground or in public use cabins.
                                                and consistent with the following                       closed to hunting and trapping, except                   (iii) The Refuge Manager may
                                                provisions:                                             as provided in paragraphs (i)(6)(iii) and             establish a fee and registration permit
                                                   (i) You may not discharge a firearm                  (i)(6)(iv).                                           system for overnight camping at
                                                within 1⁄4 mile of designated public                       (iii) You may hunt moose only with                 designated campgrounds and public use
                                                campgrounds, trailheads, waysides,                      a permit issued by the Alaska                         cabins. At all of the refuge’s fee-based
                                                buildings including public use cabins,                  Department of Fish and Game and in                    campgrounds and public use cabins,
                                                or the Sterling Highway from the east                   accordance with the provisions set forth              you must pay the fee in full prior to
                                                Refuge boundary to the east junction of                 in paragraph (i)(5).                                  occupancy. No person may attempt to
                                                the Skilak Loop Road. You may not                          (iv) You may hunt small game in                    reserve a refuge campsite by placing a
                                                discharge a firearm within 1⁄4 mile of the              accordance with the provisions set forth              placard, sign, or any item of personal
                                                west shoreline of the Russian River from                in paragraph (i)(5) and:                              property on a campsite. Reservations
                                                the upstream extent of the Russian River                   (A) Using falconry and bow and arrow               and a cabin permit are required for
                                                Falls downstream to its confluence with                 only from October 1 through March 1;                  public use cabins, with the exception of
                                                the Kenai River, and from the shorelines                or                                                    the Emma Lake and Trapper Joe cabins,
                                                of the Kenai River from the east refuge                    (B) If you are a youth hunter 16 years             which are available on a first-come,
                                                boundary downstream to Skilak Lake                      old or younger, who is accompanied by                 first-served basis. Information on the
                                                and from the outlet of Skilak Lake                      a licensed hunter 18 years old or older               refuge’s public use cabin program is
                                                downstream to the refuge boundary,                      who has successfully completed a                      available from Refuge Headquarters and
                                                except that firearms may be used in                     certified hunter education course (if the             online at http://www.recreation.gov.
                                                these areas to dispatch animals while                   youth hunter has not), or by someone                     (iv) Campers in developed
                                                lawfully trapping and shotguns may be                   born on or before January 1, 1986. Youth              campgrounds and public use cabins
                                                used for waterfowl and small game                       hunters must use standard .22 rimfire or              must follow all posted campground and
                                                hunting along the Kenai River.                          shotgun, and may hunt only in that                    cabin occupancy rules.
                                                   (ii) We prohibit hunting over bait,                  portion of the area west of a line from                  (v) You must observe quiet hours from
                                                with the exception of hunting for black                 the access road from the Sterling                     11:00 p.m. until 7:00 a.m. in all
                                                bear, and then only as authorized under                 Highway to Kelly Lake, the Seven Lakes                developed campgrounds, parking areas,
                                                the terms and conditions of a special                   Trail, and the access road from Engineer              and public use cabins.
                                                use permit (FWS Form 3–1383–G)                          Lake to Skilak Lake Road, and north of
                                                                                                                                                                 (vi) Within developed campgrounds,
                                                issued by the Refuge Manager.                           the Skilak Lake Road. The youth hunt
                                                   (iii) We prohibit hunting big game                                                                         we allow camping only in designated
                                                                                                        occurs during each weekend from
                                                with the aid or use of a dog, with the                                                                        sites.
                                                                                                        November 1 to December 31, including
                                                exception of hunting for black bear, and                the Friday following Thanksgiving.                       (vii) Campfires.
                                                then only as authorized under the terms                 State of Alaska bag limit regulations                    (A) Within developed campgrounds,
                                                                                                                                                              we allow open fires only in portable,
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                                                and conditions of a special use permit                  apply.
                                                (FWS Form 3–1383–G) issued by the                          (7) Fishing. We allow fishing on the               self-contained, metal fire grills, or in the
                                                Refuge Manager.                                         refuge in accordance with State and                   permanent fire grates provided. We
                                                   (iv) We prohibit hunting and trapping                Federal laws, and consistent with the                 prohibit moving a permanent fire grill or
                                                within sections 5, 6, 7, and 8, T. 4 N.,                following provisions:                                 grate to a new location.
                                                R. 10 W., Seward Meridian,                                 (i) We prohibit fishing from June 1                   (B) Campers and occupants of public
                                                encompassing the Kenai Refuge                           through August 15 during the hours of                 use cabins may cut only dead and down
                                                Headquarters, Environmental Education                   the Russian River Ferry operation along               vegetation for campfire use.


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                                                                         Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules                                            29285

                                                   (C) You must completely extinguish                      (ii) May I use motorized equipment                 through Christmas Day. Trees may be
                                                (put out cold) all campfires before                     within designated Wilderness areas on                 taken anywhere on the refuge, except
                                                permanently leaving a campsite.                         the refuge? Within the Kenai                          that we prohibit taking trees from
                                                   (viii) While occupying designated                    Wilderness, except as provided in this                within the 2-square-mile Refuge
                                                campgrounds, parking areas, or public                   paragraph (i), we prohibit the use of                 Headquarters area on Ski Hill Road.
                                                use cabins, all food (including lawfully                motorized equipment, including, but                   Trees must be harvested with hand
                                                retained fish, wildlife, or their parts),               not limited to, chainsaws; generators;                tools, and must be at least 150 feet from
                                                beverages, personal hygiene items,                      power tools; powered ice augers; and                  roads, trails, campgrounds, picnic areas,
                                                odiferous refuse, or any other item that                electric, gas, or diesel power units. We              and waterways (lakes, rivers, streams, or
                                                may attract bears or other wildlife, and                allow the use of motorized wheelchairs,               ponds). Stumps from harvested trees
                                                all equipment used to transport, store,                 when used by those whose disabilities                 must be trimmed to less than 6 inches
                                                or cook these items (such as coolers,                   require wheelchairs for locomotion. We                in height.
                                                backpacks, camp stoves, and grills) must                allow the use of snowmobiles, airplanes,                 (viii) May I pick berries and other
                                                be:                                                     and motorboats in designated areas in                 edible plants on the refuge? You may
                                                   (A) Locked in a hard-sided vehicle,                  accordance with the regulations in this               pick and possess unlimited quantities of
                                                camper, or camp trailer; in a cabin; or                 paragraph (i).                                        berries, mushrooms, and other edible
                                                in a commercially produced and                             (iii) May I use non-motorized wheeled              plants for personal, noncommercial use.
                                                certified bear-resistant container; or                  vehicles on the refuge? Yes, you may use                 (ix) May I collect shed antlers on the
                                                   (B) Immediately accessible to at least               bicycles and other non-motorized                      refuge? You may collect and keep up to
                                                one person who is outside and attending                 wheeled vehicles, but only on refuge                  eight (8) naturally shed moose and/or
                                                to the items.                                           roads and rights-of-way designated for                caribou antlers annually for personal,
                                                   (ix) We prohibit deposition of solid                 public vehicular access. In addition, you             noncommercial use. You may collect no
                                                human waste within 100 feet of annual                   may use non-motorized, hand-operated,                 more than two (2) shed antlers per day.
                                                                                                        wheeled game carts, specifically                         (x) May I leave personal property on
                                                mean high water level of any wetland,
                                                                                                        manufactured for such purpose, to                     the refuge? You may not leave personal
                                                lake, pond, spring, river, stream,
                                                                                                        transport meat of legally harvested big               property unattended longer than 72
                                                campsite, or trail. In the Swan Lake and
                                                                                                        game on designated industrial roads                   hours unless in a designated area or as
                                                Swanson River Canoe Systems, you
                                                                                                        closed to public vehicular access.                    authorized under the terms and
                                                must bury solid human waste to a depth
                                                                                                        Information on these designated roads is              conditions of a special use permit (FWS
                                                of 6 to 8 inches.
                                                                                                        available from Refuge Headquarters.                   Form 3–1383–G) issued by the Refuge
                                                   (x) We prohibit tent camping within
                                                                                                        Further, you may use a wheelchair if                  Manager. However, refuge visitors
                                                600 feet of each public use cabin, except
                                                                                                        you have a disability that requires its               involved in approved, extended
                                                by members and guests of the party
                                                                                                        use for locomotion.                                   overnight activities, including hunting,
                                                registered to that cabin.                                  (iv) May I ride or use horses, mules,              fishing, and camping, may leave
                                                   (xi) Within 100 yards of the Kenai                   or other domestic animals as packstock                personal property unattended during
                                                River banks along the Upper Kenai                       on the refuge? Yes, as authorized under               their continuous stay, but in no case
                                                River from river mile 73 to its                         State law, except on the Fuller Lake                  longer than 14 days.
                                                confluence with Skilak Lake (river mile                 Trail and on all trails within the Skilak                (xi) If I find research marking devices,
                                                65), and along the Middle Kenai River                   Wildlife Recreation Area and the Refuge               what do I do? You must return any radio
                                                downstream of Skilak Lake (river mile                   Headquarters area. All animals used as                transmitter collars, neck and leg bands,
                                                50 to river mile 45.5), we allow camping                packstock must remain in the                          ear tags, or other fish and wildlife
                                                only at designated primitive campsites.                 immediate control of the owner, or his/               marking devices found or recovered
                                                Campers can spend no more than 3                        her designee. All hay and feed used on                from fish and wildlife on the refuge
                                                consecutive nights at the designated                    the refuge for domestic stock and sled                within 5 days of leaving the refuge to
                                                primitive campsites.                                    dogs must be certified under the State                the Refuge Manager or the Alaska
                                                   (xii) We prohibit camping in the                     of Alaska’s Weed Free Forage                          Department of Fish and Game.
                                                following areas of the refuge:                          certification program.                                   (xii) Are there special regulations for
                                                   (A) Within 1⁄4 mile of the Sterling                     (v) Are pets allowed on the refuge?                alcoholic beverages? In addition to the
                                                Highway, Ski Hill, or Skilak Loop roads,                Yes, pets are allowed, but you must be                provisions of 50 CFR 27.81, anyone
                                                except in designated campgrounds.                       in control of your pet(s) at all times. Pets          under the age of 21 years may not
                                                   (B) On the two islands in the lower                  in developed campgrounds and parking                  knowingly consume, possess, or control
                                                Kenai River between mile 25.1 and mile                  lots must be on a leash that is no longer             alcoholic beverages on the refuge in
                                                28.1 adjacent to the Moose Range                        than 6 feet in length. Pets are not                   violation of State of Alaska law or
                                                Meadows Subdivision.                                    allowed on hiking and ski trails in the               regulations.
                                                   (C) At the two refuge public fishing                 Refuge Headquarters area.                                (xiii) Are there special regulations for
                                                facilities and the boat launching facility                 (vi) May I cut firewood on the refuge?             public gatherings on the refuge? In
                                                along Keystone Drive within the Moose                   The Refuge Manager may open                           addition to the provisions of 50 CFR
                                                Range Meadows Subdivision, including                    designated areas of the refuge for                    26.36, a special use permit (FWS Form
                                                within parking areas, and on trails,                    firewood cutting. You may cut and/or                  3–1383–G) is required for any outdoor
                                                fishing platforms, and associated refuge                remove firewood only for personal,                    public gathering of more than 20
                                                lands.                                                  noncommercial use, and only as                        persons.
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                                                   (9) Other uses and activities.                       authorized under the terms and                           (10) Areas of the refuge closed to
                                                   (i) Must I register to canoe on the                  conditions of a special use permit (FWS               public use.
                                                refuge? Canoeists on the Swanson River                  Form 3–1383–G) issued by the Refuge                      (i) From March 15 through September
                                                and Swan Lake Canoe Routes must                         Manager.                                              30, you may not approach within 100
                                                register at entrance points using the                      (vii) May I cut Christmas trees on the             yards of, or walk on or otherwise
                                                registration forms provided. The                        refuge? You may cut one spruce tree per               occupy, the rock outcrop islands in
                                                maximum group size on the Canoe                         household per year no larger than 20                  Skilak Lake traditionally used by
                                                Routes is 15 people.                                    feet in height from Thanksgiving                      nesting cormorants and gulls. A map


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                                                29286                    Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

                                                depicting the closure is available from                 extinguish (put out cold) all campfires               Section 17(b) easements are depicted on
                                                the Refuge Headquarters.                                before permanently leaving your                       a map available from Refuge
                                                   (ii) Headquarters Lake, adjacent to the              campsite.                                             Headquarters.
                                                Kenai Refuge Headquarters area, is                         (12) Area-specific regulations for the             *    *     *     *   *
                                                closed to boating.                                      Moose Range Meadows Subdivision
                                                   (11) Area-specific regulations for the               Non-Development and Public Use                          Dated: May 5, 2015.
                                                Russian River Special Management                        Easements.                                            Michael Bean,
                                                Area. The Russian River Special                            (i) Where the refuge administers two               Principal Deputy Assistant Secretary for Fish
                                                Management Area includes all refuge                     variable width, non-development                       and Wildlife and Parks.
                                                lands and waters within 1⁄4 mile of the                 easements held by the United States and               [FR Doc. 2015–12099 Filed 5–20–15; 8:45 am]
                                                eastern refuge boundary along the                       overlaying private lands within the                   BILLING CODE 4310–55–P
                                                Russian River from the upstream end of                  Moose Range Meadows Subdivision on
                                                the fish ladder at Russian River Falls                  either shore of the Kenai River between
                                                downstream to the confluence with the                   river miles 25.1 and 28.1, you may not                DEPARTMENT OF THE INTERIOR
                                                Kenai River, and within 1⁄4 mile of the                 erect any building or structure of any
                                                Kenai River from the eastern refuge                     kind; remove or disturb gravel, topsoil,              Fish and Wildlife Service
                                                boundary downstream to the upstream                     peat, or organic material; remove or
                                                side of the powerline crossing at river                 disturb any tree, shrub, or plant material            DEPARTMENT OF COMMERCE
                                                mile 73, and areas managed by the                       of any kind; start a fire; or use a
                                                refuge under memorandum of                              motorized vehicle of any kind (except a               National Marine Fisheries Service
                                                understanding or lease agreement at the                 wheelchair occupied by a person with a
                                                Sportsman Landing facility. In the                      disability), unless such use is                       50 CFR Part 424
                                                Russian River Special Management                        authorized under the terms and                        [Docket Nos. FWS–HQ–ES–2015–0016; DOC
                                                Area:                                                   conditions of a special use permit (FWS               150506429–5429–01; 4500030113]
                                                   (i) While recreating on or along the                 Form 3–1383–G) issued by the Refuge
                                                Russian and Kenai rivers, you must                      Manager.                                              RIN 1018–BA53; 0648–BF06
                                                closely attend or acceptably store all                     (ii) Where the refuge administers two
                                                attractants, and all equipment used to                  25-foot-wide public use easements held                Endangered and Threatened Wildlife
                                                transport attractants (such as backpacks                by the United States and overlaying                   and Plants; Revisions to the
                                                and coolers) at all times. Attractants are              private lands within the Moose Range                  Regulations for Petitions
                                                any substance, natural or manmade,                      Meadows Subdivision on either shore of                AGENCY:  U.S. Fish and Wildlife Service
                                                including but not limited to, items of                  the Kenai River between river miles 25.1              (FWS), Interior; National Marine
                                                food, beverage, personal hygiene, or                    and 28.1, we allow public entry subject               Fisheries Service (NMFS), Commerce.
                                                odiferous refuse that may draw, entice,                 to applicable Federal regulations and
                                                                                                                                                              ACTION: Proposed rule.
                                                or otherwise cause a bear or other                      the following provisions:
                                                wildlife to approach. Closely attend                       (A) You may walk upon or along, fish               SUMMARY:   We, the U.S. Fish and
                                                means to retain on the person or within                 from, or launch or beach a boat upon an               Wildlife Service and the National
                                                the person’s immediate control and in                   area 25 feet upland of ordinary high                  Marine Fisheries Service, propose
                                                no case more than 3 feet from the                       water, provided that no vehicles (except              changes to the regulations concerning
                                                person. Acceptably store means to lock                  wheelchairs) are used. We prohibit non-               petitions, to improve the content and
                                                within a commercially produced and                      emergency camping, structure                          specificity of petitions and to enhance
                                                certified bear-resistant container.                     construction, and brush or tree cutting               the efficiency and effectiveness of the
                                                   (ii) While recreating on or along the                within the easements.                                 petitions process to support species
                                                Russian and Kenai rivers, you must                         (B) From July 1 to August 15, you may
                                                                                                                                                              conservation. Our proposed revisions to
                                                closely attend or acceptably store all                  not use or access any portion of the 25-
                                                                                                                                                              the regulations would clarify and
                                                lawfully retained fish at all times.                    foot-wide public easements or the three
                                                                                                                                                              enhance the procedures by which the
                                                Closely attend means to keep within                     designated public easement trails
                                                                                                                                                              Services will evaluate petitions under
                                                view of the person and be near enough                   located parallel to the Homer Electric
                                                                                                                                                              section 4(b)(3) of the Endangered
                                                for the person to quickly retrieve, and in              Association Right-of-Way from Funny
                                                                                                                                                              Species Act of 1973, as amended. These
                                                no case more than 12 feet from the                      River Road and Keystone Drive to the
                                                                                                                                                              revisions would also maximize the
                                                person. Acceptably store means to lock                  downstream limits of the public use
                                                                                                                                                              efficiency with which the Services
                                                within a commercially produced and                      easements. Maps depicting the seasonal
                                                                                                                                                              process petitions, making the best use of
                                                certified bear-resistant container.                     closure are available from Refuge
                                                                                                                                                              available resources.
                                                   (iii) We prohibit overnight camping                  Headquarters.
                                                except in designated camping facilities                    (13) Area-specific regulations for                 DATES: We will accept comments that
                                                at the Russian River Ferry and                          Alaska Native Claims Settlement Act                   we receive on or before July 20, 2015.
                                                Sportsman’s Landing parking areas.                      Section 17(b) Easements. Where the                    Please note that if you are using the
                                                Campers may not spend more than 2                       refuge administers Alaska Native Claims               Federal eRulemaking Portal (see
                                                consecutive days at these designated                    Settlement Act Section 17(b) easements                ADDRESSES section, below), the deadline
                                                camping facilities.                                     to provide access to refuge lands, no                 for submitting an electronic comment is
                                                   (iv) You may start or maintain a fire                person may block, alter, or destroy any               11:59 p.m. Eastern Time on the closing
                                                                                                                                                              date.
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                                                only in designated camping facilities at                section of the road, trail, or
                                                the Russian River Ferry and                             undeveloped easement, unless such use                 ADDRESSES: You may submit comments
                                                Sportsman’s Landing parking areas, and                  is authorized under the terms and                     by one of the following methods:
                                                then only in portable, self-contained,                  conditions of a special use permit (FWS                  • Electronically: Go to the Federal
                                                metal fire grills, or in the permanent fire             Form 3–1383–G) issued by the Refuge                   eRulemaking Portal: http://
                                                grates provided. We prohibit moving a                   Manager. No person may interfere with                 www.regulations.gov. In the Search box,
                                                permanent fire grill or grate to a new                  lawful use of the easement or create a                enter the docket number for this
                                                location. You must completely                           public safety hazard on the easement.                 proposed rule, which is FWS–HQ–ES–


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Document Created: 2018-10-24 10:27:55
Document Modified: 2018-10-24 10:27:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesTo ensure that we are able to consider your comments on this proposed rule, we must receive them on or before July 20, 2015. We must
ContactStephanie Brady, National Wildlife Refuge System, Alaska Regional Office, 1011 E. Tudor Rd., Mail Stop 211, Anchorage, AK 99503; telephone (907) 306-7448; fax (907) 786-3901.
FR Citation80 FR 29277 
RIN Number1018-AX56
CFR AssociatedAlaska; Recreation and Recreation Areas; Reporting and Recordkeeping Requirements and Wildlife Refuges

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