Establishment of Interim Supplementary Rules on Public Lands Within the King Range National Conservation Area Management Area, Managed by the Arcata Field Office, CA, 29974-29979 [E6-7404]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Notices]
[Pages 29974-29979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7404]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-338-1220-MV]


Establishment of Interim Supplementary Rules on Public Lands 
Within the King Range National Conservation Area Management Area, 
Managed by the Arcata Field Office, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Establishment of Interim Supplementary Rules with request for 
comments.

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SUMMARY: In accordance with the Record of Decision for the King Range 
National Conservation Area (NCA) Approved Resource Management Plan 
(RMP), the Bureau of Land Management

[[Page 29975]]

(BLM), Arcata Field Office, is issuing interim supplementary rules and 
requesting comments. These interim supplementary rules will apply to 
public lands within the King Range National Conservation Area 
management area, and will be effective upon publication and remain in 
effect until the publication of final supplementary rules. The BLM has 
determined these interim supplementary rules are necessary to enhance 
the safety of visitors, protect natural resources, improve recreation 
opportunities, and protect public health. These supplementary rules do 
not propose or implement any land use limitations or restrictions other 
than those included within the BLM's decisions in the King Range NCA 
Approved RMP, or allowed under existing law or regulation.

DATES: The interim supplementary rules are effective May 24, 2006. We 
invite comments until July 24, 2006.

ADDRESSES: Mail or hand deliver all comments concerning the interim 
supplementary rules to the Bureau of Land Management, Arcata Field 
Office, 1695 Heindon Road, Arcata, CA 95521; or, you may access the 
Federal eRulemaking Portal: https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Robert Wick, Planning and 
Environmental Coordinator, Arcata Field Office, 1695 Heindon Road, 
Arcata, CA 95521, 707-825-2321. e-mail: rwick@ca.blm.gov.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Written comments on the interim supplementary rules should be 
specific, confined to issues pertinent to the interim supplementary 
rules, and should explain the reason for any recommended change. The 
Record of Decision for the King Range National Conservation Area (NCA) 
Resource Management Plan (RMP) was signed on May 11, 2005, and 
represents the final decision of the Bureau of Land Management Director 
regarding management of lands within the 68,000 acre management area. 
Therefore, comments requesting changes to the RMP decisions guiding the 
development of these interim supplementary rules are outside the scope 
of this comment period. Where possible, comments should reference the 
specific section or paragraph of the supplementary rule that the 
comment is addressing. BLM need not consider or include in the 
Administrative Record for the final supplementary rule: (a) Comments 
that BLM receives after the close of the comment period (see DATES), 
unless they are postmarked or electronically dated before the deadline, 
or (b) comments delivered to an address other than those listed above 
(See ADDRESSES).
    You may also access and comment on the interim supplementary rules 
at the Federal eRulemaking Portal by following the instructions at that 
site (see ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
Arcata Field Office, 1695 Heindon Road, Arcata, CA 95521, during 
regular business hours (7:45 a.m. to 3:45 p.m.), Monday through Friday, 
except Federal holidays. Individual respondents may request 
confidentiality. If you wish to request that BLM consider withholding 
your name, street address, and other contact information (such as: 
Internet address FAX or phone number) from public review or from 
disclosure under the Freedom of Information Act, you must state this 
prominently at the beginning of your comment. BLM will honor requests 
for confidentiality on a case-by-case basis to the extent allowed by 
law. BLM will make available for public inspection in their entirety 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses.

II. Background

    The BLM is establishing these interim supplementary rules under the 
authority of 43 CFR 8365.1-6, which allows BLM State Directors to 
establish supplementary rules for the protection of persons, property, 
and public lands and resources. This provision allows the BLM to issue 
supplementary rules of less than national effect without codifying the 
rules in the Code of Federal Regulations. Rules regarding special 
recreation permit requirements are established under the authority of 
43 CFR part 2930. Specifically, 43 CFR 2932.11 allows BLM to require 
special recreation permits for non-commercial group use if this 
requirement is based on management planning decisions. This authority 
also allows BLM to require permits for individual use of ``special 
areas'' upon publication of the requirement in the Federal Register and 
local media. The BLM identified the King Range NCA management area as a 
special area for this purpose in the King Range NCA RMP.
    The supplementary rules are available for inspection in the Arcata 
Field Office; they are posted at the King Range NCA; and they will be 
published in a newspaper of general circulation in the affected 
vicinity. The overall program authority for the operation of this area 
is found in the King Range Act (Pub. L. 91-476) and sections 302 and 
310 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1732, 1740). The King Range NCA is located approximately 60 miles 
southwest of Eureka, Humboldt County, California, within the Humboldt 
and Mount Diablo Meridians.
    BLM finds good cause to publish these supplementary rules on an 
interim basis, effective the date of publication, because of public 
health and safety concerns and resource protection needs within the 
management area. A high amount of visitation occurs in the backcountry 
portions of the King Range NCA, specifically along the Lost Coast 
Trail. This has led to overcrowding of backcountry campsites and 
sanitation problems from large groups camped in a confined area. Also, 
safety concerns associated with human encounters with bears (due to 
improperly stored food) led to the establishment of an emergency 
supplementary rule requiring use of bear canisters. Bear encounters 
continue to occur among users who do not use the canisters, and this 
supplementary rule will serve to make the emergency requirement 
permanent. Several federally-listed threatened and endangered species 
are located within the area, and a number of the supplementary rules 
are needed to conserve critical habitat. Supplementary rules specific 
to Areas of Critical Environmental Concern (ACEC) are intended to 
protect the relevant and important resource values within these units, 
including old-growth forests, sensitive watersheds, dune and wetland 
ecosystems, and cultural sites. All supplementary rules will be 
effective immediately on an interim basis except for the supplementary 
rule requiring special recreation permits for individual visitors to 
the Backcountry Management Zone. This supplementary rule will be 
implemented upon development of a permit administration/issuance 
process, but no earlier than May 1, 2006. Specific information 
regarding how visitors can obtain permits will be announced in regional 
newspapers, BLM Web sites, and area information kiosks. The permits 
will serve to improve information dispersal to the public on visitor 
safety and low impact use requirements. They will also provide visitor 
use statistics for inclusion in developing a use allocation plan as 
called for in the King Range RMP.
    All of the interim supplementary rules implement management 
decisions contained in the King Range NCA

[[Page 29976]]

Resource Management Plan. The Arcata Field Office has taken the 
following steps to involve the public in developing the plan decisions 
that provide a basis for the interim supplementary rules:
    Public Scoping: The BLM conducted five public scoping meetings in 
November 2002. One-hundred-and-twenty-five participants attended the 
meetings held in Petrolia, Garberville, Shelter Cove, Eureka, and San 
Francisco. The BLM also issued a press release announcing the scoping 
period and meetings to all media in northern California. An 
informational Web site was established, which was maintained throughout 
the effort to provide background on the planning process, announcing 
opportunities for public involvement, and highlighting progress on the 
plan. Other tools used to communicate with interested parties included 
a ``King Range Planning Update'' mailer, sent to all members of the 
King Range mailing list, and fliers posted on community bulletin boards 
in the rural region surrounding the King Range NCA.
    Public Review of the Draft EIS: The draft EIS and RMP were released 
to the public for a 90-day comment period, ending April 16, 2004. 
During this review period five public meetings were held to explain the 
EIS and RMP to the public and to allow comment. Seventy-seven members 
of the public attended the meetings. Participants were given the 
opportunity to provide oral comments at the meetings, or to record 
their input on public comment forms provided by the BLM.
    BLM received 862 comments on the draft RMP and EIS from the public 
through public meetings, electronic letters, and paper letters. Over 
350 issues or ``public concerns'' were identified from these comments. 
A summary of the issues identified in the public comment letters and 
BLM's response to these issues is included in Chapter 5 of the Final 
EIS. Also, letters from organizations and public agencies are reprinted 
in the document. Copies of letters from individuals are available for 
review at the BLM Arcata Field Office. A draft of the interim 
supplementary rules was published as an appendix in the proposed RMP 
and all decisions related to the supplementary rules were analyzed in 
the Final EIS.
    California Coastal Zone Consistency Review: The BLM presented the 
Proposed RMP to the California Coastal Commission. The Coastal 
Commission determined that the RMP, including the decisions that 
provide a basis for these supplementary rules, was consistent with the 
California Coastal Management Program.
    Governor's Consistency Review: The BLM submitted the Draft RMP to 
the Governor's Office of Planning and Research, State Clearinghouse and 
Planning Unit (Document  2004014002). No state agencies 
commented to the Clearinghouse, and the BLM received a letter of 
confirmation that the RMP complied with state review requirements on 
April 16, 2004. No known inconsistencies have been identified, either 
by the BLM or the Governor, for the RMP decisions. In addition, the 
California State Lands Commission has granted the BLM a permit to 
manage motorized use within the intertidal zone of the King Range NCA 
coastline, as well as the area below mean high water mark within the 
lower Mattole River and Estuary (where it traverses public lands).
    Based on public safety and resource protection concerns, and due to 
the multiple opportunities for public involvement during development of 
the RMP decisions that provide a basis for these supplementary rules, 
the BLM finds good cause to issue these supplementary rules as interim 
supplementary rules. The public is now invited to provide additional 
comments on the interim supplementary rules. See the DATES and 
ADDRESSES sections for information on submitting comments.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These interim supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. These interim supplementary rules 
will not have an annual effect of $100 million or more on the economy. 
They are not intended to affect commercial activity, but contain rules 
of conduct for public use of a certain National Conservation Area and 
adjoining lands. 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 interim supplementary rules will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. The interim supplementary rules do not 
materially 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. They merely impose 
certain rules on recreational activities on a limited portion of the 
public lands in California in order to protect human health, safety, 
and the environment.

Clarity of the Interim Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these interim supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the interim supplementary rules clearly 
stated?
    (2) Do the interim supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the interim supplementary rules (grouping 
and order of sections, use of headings, paragraphing, etc.) air or 
reduce their clarity?
    (4) Would the interim supplementary rules be easier to understand 
if they were divided into more (but shorter) sections?
    (5) Is the description of the interim supplementary rules in the 
SUPPLMENTARY INFORMATION section of this preamble helpful in 
understanding the interim supplementary rules? How could this 
description be more helpful in making the interim supplementary rules 
easier to understand?
    Please send any comments you have on the clarity of the interim 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    These interim supplementary rules themselves do not constitute a 
major Federal action significantly affecting the quality of the human 
environment under section 102(2)(C) of the National Environmental 
Policy Act of 1969, 42 U.S.C. 4332(2)(C). However, they are a component 
of a larger plan (Resource Management Plan) that constitutes a major 
Federal action. BLM has prepared a draft environmental impact 
statement/final environmental impact statement (DEIS/FEIS) on the 
Resource Management Plan which includes a complete analysis of each 
decision corresponding to the interim supplementary rules. In addition 
to this analysis, the interim supplementary rules were directly 
published in the final EIS. These documents are on file and available 
to the public in the BLM administrative record at the address specified 
in the ADDRESSES section. The Record of Decision has also been 
completed and is also on file at the specified address.

[[Page 29977]]

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) 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 interim supplementary rules 
do not pertain specifically to commercial or governmental entities of 
any size, but to public recreational use of specific public lands. 
Therefore, BLM has determined under the RFA that these interim 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These interim supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). The interim supplementary rules 
merely contain rules of conduct for recreational use of certain public 
lands. The interim supplementary rules have no effect on business, 
commercial, or industrial use of the public lands.

Unfunded Mandates Reform Act

    These interim supplementary rules do not impose an unfunded mandate 
on state, local, or Tribal governments in the aggregate, or the private 
sector, of more than $100 million per year; nor do they have a 
significant or unique effect on small governments. These interim 
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 interim supplementary rules are not a government action capable 
of interfering with constitutionally protected property rights. The 
interim supplementary rules do not address property rights in any form, 
and do not cause the impairment of anybody's property rights. 
Therefore, the Department of the Interior has determined that these 
interim supplementary rules would not cause a taking of private 
property or require further discussion of takings implications under 
this Executive order.

Executive Order 13132, Federalism

    The interim 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 interim 
supplementary rules affect land in only one state, California. The BLM 
manages recreation use of the state-controlled coastal zone (i.e., the 
strip of beach below mean high tide, and below mean high water mark 
within the Mattole River Estuary) of the King Range NCA under a permit 
granted by the California State Lands Commission. This permit is 
revocable by the state and does not change the distribution of powers 
or responsibility between the state and Federal governments. Therefore, 
BLM has determined that these interim 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, the Office of the Solicitor has 
determined that these interim supplementary rules will not unduly 
burden the judicial system and that the requirements of sections 3(a) 
and 3(b)(2) of the Order are met. The supplementary rules include rules 
of conduct and prohibited acts, but they are straightforward and not 
confusing, and their enforcement should not unreasonably burden the 
United States Magistrate who will try any persons cited for violating 
them.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these interim supplementary rules do not include policies that have 
Tribal implications. The interim supplementary rules do not affect 
lands held for the benefit of Indians, Aleuts, or Eskimos. To comply 
with Executive Orders regarding government-to-government relations with 
Native Americans, formal and informal contacts were made with the Bear 
River Band of the Rohnerville Reservation, the Federally-recognized 
tribal entity for consultation purposes. The tribe was provided with a 
copy of the draft RMP, and contacted directly by the BLM requesting 
comments and assessing the need for a tribal briefing. The tribe 
expressed no concerns about the RMP, or specifically the decisions 
related to these interim supplementary rules.

Paperwork Reduction Act

    These interim 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. Rules 
requiring special recreation permits for certain recreational users 
will involve collection of information contained on BLM Special 
Recreation Permit form 2930-1. This permit form has been approved under 
OMB Number 1004-0119.

Author

    The principal author of these interim supplementary rules is Bob 
Wick, Planning and Environmental Coordinator, Arcata Field Office, 
Bureau of Land Management.
    For the reasons stated in the preamble and under the authority for 
supplementary rules found in 43 CFR 8365.1-6, the California State 
Director, Bureau of Land Management hereby issues supplementary rules, 
effective on an interim basis upon publication, for public lands 
managed by the BLM in the King Range National Conservation Area and 
adjoining public lands, to read as follows:

Supplementary Rules for the King Range National Conservation Area and 
Adjoining Public Lands

Sec. 1. Definitions

    Backcountry Management Zone--A portion of the management area 
encompassing approximately 38,833 acres, which is managed under the 
King Range RMP to protect wilderness characteristics. The Backcountry 
Management Zone will be delineated on trailhead maps and other visitor 
information upon institution of the individual special recreation 
permit program
    Camping--The erecting of a tent or shelter of natural or synthetic 
material, preparing a sleeping bag or other bedding material for use, 
parking of a motor vehicle, motor home or trailer, or mooring of a 
vessel for the apparent purpose of overnight occupancy.
    Commercial Group--Commercial as defined under 43 CFR 2932.5.
    Dispersed use area--Any location outside of a developed campground 
or away from a motor vehicle access point, where camping visitors 
cannot store food or other scented items inside a locked vehicle.
    Hard sided bear canister--A container made of rigid material of a 
size and shape that cannot be grasped by the mouth or paws, or 
otherwise be carried for any significant distance, by bears.

[[Page 29978]]

The container must also have a closing and latching lid that is tested 
and proven effective against bears.
    Individual permits--A permit will be required for all individual 
users who access the Backcountry Management Zone for camping use. This 
requirement will be instituted upon development of a permit 
registration and processing system by BLM, but no earlier than May 1, 
2006 (Authority: 43 CFR 2932.11(b)(1) Special Area Permits).
    King Range NCA Management Area--All BLM public lands within the 
boundaries of the King Range National Conservation Area (NCA), as well 
as adjoining public lands that were included in the King Range NCA 
Resource Management Plan planning area. This includes all or portions 
of the following public land survey sections:

Mount Diablo Meridian, California

T. 24 N., R.19 W, Secs. 4 and 5.

Humboldt Meridian, California

T. 5 S., R.1 E., all sections in township
T. 5 S., R. 2 E., Secs. 5, 6, 7, 19, 30, 31, and 32.
T. 4 S., R.1 W., all sections in township.
T. 4 S., R.1 E., Sections 4, 5 through 9, and 15 through 36.
T. 4 S., R.2 E., Sec. 31.
T. 3 S., R.2 W., Secs. 12 through 16 and 22 through 25.
T. 3 S., R.1 W., Secs. 8, 9, and 12 through 36.
T. 3 S., R.1 E., Secs. 6, 7, 18, 19, and 29 through 32.
T. 2 S., R.2 W., Secs. 4 through 6, 8 through 10, 14 through 23, and 
26 through 35
T. 2 S., R.3 W., Secs. 12, 13, 24, 25, and 36.

    All references to the ``management area'' in this document refer to 
the public lands described above.
    Mattole ACEC--A sub-unit of the management area comprised of BLM 
lands within all or portions of the following public land survey 
sections:

Humboldt Meridian, California

T. 2 S., R. 2 W., Secs. 17, 18, 31
T. 2 S., R. 3 W., Secs. 12, 13, 24, 25, 36
T. 3 S., R. 2 W., Sec. 6.

    Mill Creek ACEC--A sub-unit of the management area comprised of all 
BLM lands within the Mill Creek watershed including all or portions of 
the following public land survey sections:

Humboldt Meridian, California

T. 2 S., R. 2 W., Secs. 15, 16, 21, 22, and 28.

    Non-commercial organized group--A group that does not meet the 
definition of commercial under 43 CFR 2932.5. This includes such groups 
as outdoor clubs, scouts, fraternal organizations and other 
organizations and group outings where fees paid by participants are 
limited to a sharing of group expenses. No paid guides accompany the 
group, and participant fees do not offset other costs of running the 
organization.
    Sierra Interagency Black Bear Group--This group is comprised of 
Federal agency wildlife biologists and recreation managers from 
National Parks and National Forests of the Sierra Nevada, where bear/
human interface problems are similar to those in the King Range NCA. 
Their efforts include development and adoption of uniform testing 
standards and approval protocols for bear-resistant food storage 
containers. Information on approved canisters can be found at https://
www.sierrawildbear.net/, or by contacting the King Range NCA Office at 
(707) 986-5400.

Sec. 2 Supplementary Rules of Conduct

    The following rules apply to all visitors unless explicitly stated 
otherwise in a particular rule. Employees and agents of the BLM will be 
exempt from these rules during performance of specific official duties 
as authorized by the Arcata Field Manager.
a. The Following Supplementary Rules Apply to the Lands Within the Mill 
Creek ACEC Only
    1. The area is open to day-use only from one hour before sunrise to 
one hour after sunset. Camping is not permitted.
    2. Campfires are not permitted.
    3. Dogs must be on a leash at all times.
b. The Following Supplementary Rules Apply to Lands Within the Mattole 
ACEC Only
    1. Public lands north of Lighthouse Road and south of the Mattole 
River for a distance of one mile inland from the Mattole Campground are 
closed to camping. Public lands along Mattole Beach for 500 feet north 
and south of the Mattole Campground boundaries (campground boundaries 
are denoted by the driftwood log barriers surrounding the campground) 
are also closed to camping.
    2. Firewood collecting is generally not permitted, except that you 
may collect driftwood for campfire use during a stay within the King 
Range National Conservation Area management area. Driftwood may only be 
collected with hand tools/saws. No chainsaws or power saws may be used.
    3. Use of watercraft with internal combustion engines, including 
all inboard and outboard motor boats, jet skis and other personal 
watercraft, is not permitted within the lower Mattole River and Mattole 
Estuary, where the river traverses public lands (in T. 2 S. R. 2 W., 
Sections 16, 17, and 18, and T. 2 S., R. 3 W., Section 13).
c. The Following Supplementary Rules Apply to the Entire King Range 
National Conservation Area Management Area
    (1) Backcountry Management Zone Group Size: A maximum of 15 people 
can enter the Backcountry Management Zone as a group. For groups using 
stock animals, up to 25 people and stock animals in combination can 
enter the area. However, no more than 15 of this total can be people.
    (2) Backcountry Management Zone Organized Group and Commercial Use 
Quotas: A maximum number of 30 persons per day in groups that are 
organized or commercial or both will be allowed to travel into the 
Backcountry Management Zone from any one trailhead. This use will be 
allocated on a first come first serve basis as directed in the special 
recreation permit stipulations.
    (3) Bear Canisters: All dispersed use area visitors who are camping 
are required to carry and use hard-sided bearproof food storage 
canisters. Canisters must be models approved by the Sierra Interagency 
Black Bear Group. Information on approved models is available from the 
BLM. 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. Each person must possess 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 bar/candy wrappers, surf wax wrappers, etc. Persons 
who use pack animals must also use Sierra Interagency Black Bear Group-
approved canisters or panniers. These must be of sufficient size to 
store materials for all party members for the duration of the trip. The 
requirement to use bear canisters does not apply to camping use within 
designated campgrounds or camping near vehicles where food can be 
stored and locked inside the vehicle.
    (4) Competitive uses: Competitive uses as defined in 43 CFR 2932.5 
(1) and (2) will not be permitted within the Backcountry Management 
Zone.
    (5) Motorized Watercraft Landings: Shore landing of motorized 
watercraft, including boats, zodiacs, jet skis, and other craft powered 
with internal combustion engines, is prohibited within the Backcountry 
Management Zone, except in emergencies. This requirement does not 
affect offshore anchorages where the watercraft floats freely on the 
water surface and does not

[[Page 29979]]

rest on the shoreline or the adjoining ocean bottom.
    (6) Non-commercial Organized Group Special Recreation Permits: A 
special recreation permit is required for all organized groups 
accessing the management area. (Authority: 43 CFR 2932.11(b)(2) and (3) 
(i-iii)).

Sec. 3 Penalties

    Any person who violates any of these supplementary rules may be 
tried before a United States Magistrate and fined no more than $1,000 
or imprisoned for no more than 12 months, or both. 43 U.S.C. 1733(a); 
43 CFR 8360.0-7; 43 CFR 2932.57(b). Such violations may also be subject 
to the enhanced fines provided for by 18 U.S.C. 3571. You may also be 
subject to civil action for unauthorized use of the public lands for 
violations of special recreation permit terms, conditions, or 
stipulations, or for uses beyond those allowed by the permit, 43 CFR 
2932.57(b)(2).

J. Anthony Danne,
Acting State Director.
[FR Doc. E6-7404 Filed 5-23-06; 8:45 am]
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