[Federal Register: May 2, 2003 (Volume 68, Number 85)]
[Notices]
[Page 23480-23482]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my03-64]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-338-1220-AF]
Supplementary Rules: King Range National Conservation Area,
Humboldt and Mendocino Counties, CA
AGENCY: Bureau of Land Management, Interior.
ACTION: Establishment of emergency final supplementary rules.
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SUMMARY: The Arcata Field Office is establishing the following
emergency final supplementary rules for the King Range National
Conservation Area (KRNCA) as provided for under the Visitor Services
regulations of the Bureau of Land Management (BLM). The supplementary
rules require all backcountry overnight users camping on BLM-
administered public lands within the boundaries of the KRNCA to carry
and use hard-sided bear-proof food storage canisters. The supplementary
rules are necessary to protect the safety, health, and welfare of
persons, property, and wildlife.
EFFECTIVE DATE: May 2, 2003.
ADDRESSES: You may send inquiries or suggestions to Field Office
Manager, Bureau of Land Management, Arcata Field Office, 1695 Heindon
Rd., Arcata, CA 95521.
FOR FURTHER INFORMATION CONTACT: Lynda J. Roush, (707) 825-2300.
SUPPLEMENTARY INFORMATION:
I. Background
The emergency final supplementary rules are authorized by 43 CFR
8365.1-6: ``The State Director may establish such supplementary rules
as he/she deems necessary. These rules may provide for the protection
of persons, property, and public lands and resources.''
The purpose of these emergency final supplementary rules is to
prevent--
[sbull] Injury to backcountry users,
[sbull] Damage to their property,
[sbull] Additional bears learning to associate humans with food,
and
[sbull] The need for destruction of ``problem bears.''
The reason that the supplemental rules are being published on an
emergency final basis is the high risk of human injury if steps are not
implemented immediately to remedy the problem. For this reason, we find
good cause under the Administrative Procedure Act (5 U.S.C. 553 et
seq.) for publishing and promulgating these supplementary rules without
soliciting public comment, and making them effective the date of
publication.
BLM staff and visitors camping in the KRNCA backcountry are
experiencing increasingly frequent incidents of black bears entering
occupied campsites and tents in search of food, stealing backpacks and
damaging equipment, and presenting an increasing risk of injury to
humans. Bear/human interactions in the KRNCA have been steadily
increasing for the past several years, despite active public education
efforts and the implementation of a voluntary, low-cost bear-proof
backpacking food storage canister rental program in 2000. These
incidents have increased significantly in frequency and intensity in
the spring of 2002 to the point where the possibility of injuries to
humans will become high without BLM taking immediate steps to change
bear behavior. Bear/human contacts have been most common in the central
portion of the Lost Coast Trail (LCT), although bear/human contacts are
being documented at other locations in the KRNCA as well. Backpacks and
equipment have been damaged, destroyed, and/or stolen, and at least 3
incidents of bears ripping into human-occupied tents have been
reported. Hanging food from trees is no longer an effective method for
bear-proof food storage, as bears have become very adept at climbing
trees and removing the stored food. Most backpackers without proper
food storage canisters have lost their food.
Unprotected food also attracts raccoons, skunks, rodents, and other
wildlife, which become nuisances and whose own health can be
compromised if they become accustomed to human food.
The King Range National Conservation Area, particularly along the
Lost Coast, is receiving steadily increasing visitation. Experience
with black bears in similar backcountry areas indicate that close
human/bear contacts are likely to increase, with the risk of injuries
to humans imminent unless
[[Page 23481]]
proper steps are taken to reverse the situation. A review of the bear-
management practices of Department of the Interior facilities
(Yosemite, Kings Canyon, and Sequoia National Parks) and the U.S.
Forest Service with similar bear/human management problems, and
consultation with the California Department of Fish and Game indicates
that the consistent use of hard-sided bear-proof food storage canisters
is the most reliable method to keep bears from associating humans and
their equipment as a source of food. Field experience at other sites
has demonstrated that a key feature of an effective bear management
program is the mandatory backcountry use of bear-proof food storage
canisters, with as close to 100 percent compliance as possible.
Implementation of the supplementary rules will require mandatory use of
hard-sided bear-proof food storage canisters in all backcountry
locations within the KRNCA.
II. Discussion of the Emergency Final Supplementary Rules
The canisters required by the supplementary rules must be of
sufficient size to permit storage of all food, toiletries, sunscreen,
surfboard wax, insect repellant and other scented items for the
duration of the trip. Each person must posses a minimum of one
canister, and must use the canister to store the above types of items,
plus any food scraps and scented trash items such as empty cans,
energy/candy wrappers, surf wax wrappers, etc. For the purposes of this
rule, a ``backcountry'' location is defined as any place outside of a
developed campground where food and other scented items cannot be
stored inside a locked vehicle. Also, ``hard sided'' means the
container is made of rigid material and is of a size and shape that
bears cannot grasp by the mouth or paws, or otherwise carry for any
significant distance. The container must also have a closing and
latching lid that is tested and proven effective against bears. Stock
users must use either portable bear canisters or bear-proof panniers of
sufficient size to store materials for all party members for the
duration of the trip. These emergency final supplementary rules do not
apply to overnight use within designated campgrounds or camping near
vehicles where food can be stored and locked inside vehicles.
The requirement for one canister per person minimum is based on
experience and observations that show the sharing of canisters by
multiple visitors does not provide enough storage space for food,
toiletries, and all other items with odors. Consequently, some items
are left out of the canisters and the program becomes ineffective.
Public compliance with this rule will break the association of humans
with an easy food source by black bears. Strict compliance with this
requirement is essential, as each successful food acquisition by bears
from human sources is a strong positive reinforcement of undesirable
black bear behavior.
With the implementation of the emergency final supplementary rules,
BLM will take actions to make compliance for visitors as easy as
possible. For visitors who do not want to purchase their own canisters
(canisters are widely available for sale at outdoor stores in
California), an existing canister rental program through local
merchants in Petrolia and Shelter Cove will be expanded to include new
locations at the BLM King Range Project Office, and the Arcata Field
Office. Implementation will also include an extensive public education
component to encourage compliance, utilizing a variety of local and
regional media. The emergency final supplementary rules do not apply to
camping within designated campgrounds or camping near vehicles where
food can be stored inside locked vehicles.
III. Procedural matters
Executive Order 12866, Regulatory Planning and Review
These emergency final supplementary rules do not constitute a
significant regulatory action and are not subject to review by the
Office of Management and Budget under Executive Order 12866. These
supplementary rules will not have an effect of $100 million or more on
the economy. They will not affect commercial activity, except to the
extent that they promote the sale or rental of bear-proof canisters,
but contain rules of conduct for overnight public use of backcountry
recreational areas within the KRNCA. They will not adversely affect, in
a material way, the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities. These emergency final supplementary rules
will not create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency. The emergency final
supplementary rules do not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the right or obligations of
their recipients; nor do they raise novel legal or policy issues.
National Environmental Policy Act
BLM has prepared an environmental assessment (EA) and has found
that the emergency final supplementary rules do not constitute a major
Federal action significantly affecting the quality of the human
environment under section 102(2)(C) of the Environmental Protection Act
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The supplementary rules merely
contain rules of conduct for certain recreational lands in California.
These rules are designed to protect public health and safety as well as
the health and welfare of endemic wildlife. A detailed statement under
NEPA is not required. BLM has placed the EA and the Finding of No
Significant Impact on file in the BLM Administrative Record at the
address specified in the ADDRESSES section. BLM invites the public to
review these documents.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980, as
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. The emergency final supplementary
rules do not pertain specifically to commercial or governmental
entities of any size, but to public recreational use of specific public
lands, although the rules will tend to promote sales of certain
equipment to campers and backpackers, including sales from small
business entities. Therefore, BLM has determined under the RFA that
this emergency final supplementary rules would not have a significant
economic impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
These emergency final supplementary rules do not constitute a
``major rule'' as defined at 5 U.S.C. 804(2). Again, the emergency
final supplementary rules merely contain rules of conduct for
recreational use of certain public lands. The emergency final
supplementary rules have negligible effect on business commercial or
industrial use of the public lands. Commercial recreation outfitters,
operating under Special Recreation Permit stipulations, are required to
provide (or rent currently for $5/canister/trip) bear-proof canisters
for commercial backcountry trips to the King Range. BLM currently
provides
[[Page 23482]]
local small businesses bear-proof canisters to rent, and they keep the
$5/trip rental charge as cost for handling the canisters and
administering the program.
Unfunded Mandates Reform Act
These emergency final supplementary rules do not impose an unfunded
mandate on State, local, or tribal governments or the private sector of
more than $100 million per year; nor do the supplementary rules have a
significant or unique effect on State, local, or tribal governments or
the private sector. The supplementary rules do not require anything of
State, local, or tribal governments. Therefore, BLM is not required to
prepare a statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The emergency final supplementary rules do not represent a
government action capable of interfering with constitutionally
protected property rights. The emergency final supplementary rules do
not address property rights in any form, and do not cause the
impairment of any persons' property rights. Therefore, the Department
of the Interior has determined that the emergency final supplementary
rules will not cause a taking of private property or require further
discussion of takings implications under this Executive Order.
Executive Order 13132, Federalism
The emergency final supplementary rules will not have a substantial
direct effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. The
supplementary rules affect land in only one State, California, and do
not address jurisdictional issues involving the California State
government. Therefore, in accordance with Executive Order 13132, BLM
has determined that these emergency final supplementary rules do not
have sufficient federalism implications to warrant preparation of a
federalism assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, BLM has determined that these
emergency final supplementary rules will not unduly burden the judicial
system and that they meet the requirements of sections 3(a) and 3(b)(2)
of the Executive Order.
Paperwork Reduction Act
These emergency final supplementary rules do not contain
information collection requirements that the Office of Management and
Budget must approve under the Paperwork Reduction Act, 44 U.S.C. 3501
et seq.
Author
The principal author of these emergency final supplementary rules
is Scott Adams, Outdoor Recreation Planner, of the King Range Project
Office within the Arcata Field Office, Bureau of Land Management,
Department of the Interior.
For the reasons stated in the Preamble, and under the authority of
43 CFR part 8360, section 8365.1-6, the Arcata Field Office Manager
establishes emergency final supplementary rules to read as follows:
Dated: June 14, 2002.
J. Anthony Danna,
Deputy State Director, Natural Resources.
Editorial note: This document was received at the Office of the
Federal Register, April 25, 2003.
Emergency final supplementary rules for the King Range National
Conservation Area, requiring the mandatory use of hard-sided, bear-
proof storage canisters by backcountry overnight visitors.
Sec. 1 Rules of Conduct
a.1. All backcountry overnight users camping on BLM-administered
public lands within the boundaries of the King Range National
Conservation Area must carry and use hard-sided, bear-proof food
storage canisters.
2. The canisters must be of sufficient size to permit storage of
all food, toiletries, sunscreen, surfboard wax, insect repellant and
other scented items for the duration of the trip.
b. Each person must posses a minimum of one canister, and must use
the canister to store the types of items listed in paragraph a.2. of
this section, plus any food scraps and scented trash items such as
empty cans, energy/candy wrappers, surf wax wrappers, etc.
c. Stock users must use either portable bear canisters or bear
proof panniers of sufficient size to store materials for all party
members.
Sec. 2 Definitions
For the purposes of these supplementary rules--
Backcountry location means any place outside of a developed
campground where food and other scented items cannot be stored inside a
locked vehicle.
Hard-sided means made of rigid material and of a size and shape
that bears cannot grasp by the mouth or paws, or otherwise carry for a
significant distance, and having a closing and latching lid that is
tested and proven effective against bears.
Sec. 3 Prohibited Acts
a. You must not camp in the backcountry on BLM-administered public
lands without using a hard-sided, bear-proof food storage canister or
pannier sufficient for the storage of all food, toiletries, food scraps
and trash, and all other scented items, for the duration of your
backcountry trip.
b. You must not substitute for the use of bear canisters by hanging
food, trash, and other scented items from tree limbs, by burying these
items, or by using any other technique in place of using the prescribed
portable bear-proof storage canisters.
Sec. 4 Exception
These supplementary rules do not apply to overnight use within
designated campgrounds or near vehicles where food is stored and locked
inside.
Sec. 5 Penalties
Under the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1733(a)), if you knowingly and willfully violate or fail to comply with
the emergency final supplementary rules provided in this notice, you
may be subject to a fine under 18 U.S.C. 3571 or other penalties in
accordance with 43 U.S.C. 1733.
[FR Doc. 03-10720 Filed 5-1-03; 8:45 am]
BILLING CODE 4310-40-P