Refuge-Specific Public Use Regulations for Kodiak National Wildlife Refuge, 33255-33259 [E6-8873]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Rules and Regulations]
[Pages 33255-33259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8873]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 36

RIN 1018-AU08


Refuge-Specific Public Use Regulations for Kodiak National 
Wildlife Refuge

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are opening 
certain private lands within the boundaries of Kodiak National Wildlife 
Refuge in Alaska to public use with a permit. We are taking this action 
to comply with our commitments made under a Conservation Easement among 
the United States, the State of Alaska, and Koniag, Inc. The 
Conservation Easement furthers the missions of the Service and the 
National Wildlife Refuge System and the purposes of Kodiak National 
Wildlife Refuge. While the Conservation Easement encompasses more than 
56,000 acres, the lands affected by this rule are only those easement 
lands within a \1/2\-mile band of land on either side of the Karluk 
River and lands within \1/2\ mile of the shoreline of Karluk Lake on 
Kodiak Island, Alaska. The rule will apply as long as the Conservation 
Easement is in place. Without this rule, the Service would fail to 
comply with the terms of the Conservation Easement.

DATES: This rule is effective June 8, 2006.

FOR FURTHER INFORMATION CONTACT: Abbey Kucera, (907) 487-2600; Fax 
(907) 487-2144.

SUPPLEMENTARY INFORMATION: Kodiak National Wildlife Refuge was 
established in 1941 by Executive Order for the purpose of protecting 
the natural feeding and breeding ranges of brown bears and other 
wildlife on Uganik and Kodiak Islands. The lands now under the 
Conservation Easement were once refuge lands. The Alaska Native Claims 
Settlement Act of 1971 (43 U.S.C. 1601-1624) (Act) allowed refuge lands 
to be conveyed to Alaska Native Corporations established under the Act, 
including the 56,822.61 acres now covered by the Conservation Easement. 
In 2002, the State of Alaska, Koniag, Inc., and the Service signed the 
Conservation Easement, which calls for these lands to be managed 
similarly to refuge lands and allows for public use of these lands 
consistent with 50 CFR part 36 and subject to applicable Alaska 
regulations for the taking of fish and wildlife. As a condition of the 
easement, a refuge-issued permit is required for most public 
recreational uses occurring within a \1/2\-mile band of land on either 
side of the Karluk River and lands within \1/2\ mile of the shoreline 
of Karluk Lake.

Background About Kodiak National Wildlife Refuge

    The Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 
et seq., 43 U.S.C. 1602) expanded the purposes for which Kodiak 
National Wildlife Refuge was established: (i) To conserve fish and 
wildlife populations and habitats in their natural diversity, including 
but not limited to Kodiak brown bears, salmonids, sea otters, sea 
lions, and other marine mammals and migratory birds; (ii) to fulfill 
the international treaty obligations of the United States with respect 
to fish and wildlife and other habitats; (iii) to provide, in a manner 
consistent with the purposes set forth in subparagraphs (i) and (ii) 
above, the opportunity for continued subsistence uses by local 
residents; and (iv) to ensure, to the maximum extent practicable and in 
a manner consistent with the purposes set forth in subparagraph (i) 
above, water quality and necessary water quantity within the refuge.
    Kodiak National Wildlife Refuge encompasses almost 2 million acres 
in southwestern Alaska, including about two-thirds of Kodiak Island. 
The city of Kodiak, where refuge headquarters is located, is about 250 
air miles south of Anchorage, about 20 miles northeast of the refuge 
boundary on Kodiak Island, and about 60 air miles northeast of Karluk 
Lake.
    Kodiak National Wildlife Refuge is characterized by a large range 
of habitats within a relatively small geographic area. Because of this, 
the refuge supports some of the highest densities of brown bears, 
nesting bald eagles, and spawning salmon found anywhere in North 
America. The mountainous interior of Kodiak Island, with several peaks 
over 4,000 feet in elevation, is covered by lush, dense vegetation 
during the summer, with alpine vegetation on the highest slopes. No 
place on the refuge is more than 15 miles from the ocean. Access to the 
refuge is primarily by float plane and boat. Karluk River and Karluk 
Lake have runs of five species of Pacific salmon (chinook, sockeye, 
coho, pink, and chum) and steelhead. Rainbow trout, Dolly Varden, and 
Arctic char are also found there.
    Kodiak National Wildlife Refuge was established primarily to 
protect the brown bear. With an estimated population of 2,100 bears, 
the refuge contains some of the best brown bear habitat, and supports 
one of the highest concentrations of brown bear, in the world. These 
bears feed on spawning salmon and forage throughout most of the refuge. 
The Karluk River drainage is one of the most important feeding areas 
for bears, with up to 200 bears using the Karluk area from mid-June to 
the end of September.
    Under our regulations implementing the Alaska National Interest 
Lands Conservation Act (50 CFR 36.31), all refuge lands in Alaska are 
open to public recreational activities as long as such activities are 
conducted in a

[[Page 33256]]

manner compatible with the purposes for which the refuge was 
established. Such recreational activities include, but are not limited 
to: Sightseeing, nature observations 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 will receive emphasis in management of the public use of 
the refuge.

Key Provisions of the Conservation Easement

    The Conservation Easement established a management group composed 
of one representative from each of the following: Koniag, Inc., Kodiak 
National Wildlife Refuge, and the Alaska Department of Fish and Game. 
This management group is the means by which the three entities combine 
resources and ideas on improving habitat quality, quality of experience 
for visitors, and protection of fish and wildlife in accordance with 
the Conservation Easement.
    Under the Conservation Easement, Koniag, Inc., agrees to confine 
use of all easement lands to fish and wildlife management and 
conservation activities, subsistence gathering activities, 
archaeological investigations, and recreational activities. We agree to 
establish, maintain, and enforce a permit system that imposes specific 
limits on the level and location of public recreational use on that 
portion of the easement within a \1/2\-mile band of land on either side 
of the Karluk River and lands within \1/2\ mile of the shoreline of 
Karluk Lake. The Conservation Easement establishes a limited-use period 
of June 10 through July 15, which is the time of peak run for king 
salmon and, subsequently, greatest visitor use. The Conservation 
Easement also requires us to conduct a study to establish appropriate 
visitor use limits.

Required Study

    We began the required study in 2002, and Koniag Inc., managed use 
of the Karluk River that year. During the limited-use period (June 10 
through July 15), Koniag, Inc., charged a user fee of $125 per person 
per year but imposed no visitor limit.
    In 2003, the Kodiak National Wildlife Refuge took over management 
responsibilities. The refuge limited visitor use during the limited-use 
period but did not impose a user fee. The Conservation Easement calls 
for free public use under refuge management and requires us to limit 
the number of recreational visitors to the area during the limited-use 
period to a maximum of 70 scheduled visitors on any day. This limit 
applied to both visitors obtaining permits from us (maximum of 28 per 
day) and visitors using the area as clients of guides authorized by 
Koniag, Inc., (maximum of 42 per day). Under the authority of temporary 
restrictions that the Refuge Manager issued, we required permits for 
visitors to the area from 2003 through 2005.
    Parties of up to six people applied together for permits, and the 
refuge issued permits for each member of the party. Each individual was 
allowed to obtain only one nontransferable permit for a visit of up to 
7 consecutive days during the limited-use period. Parties had to apply 
by a deadline that the refuge established and would have been selected 
by a lottery if there were more visitors than scheduled visits 
available. To date, we have not had visitor use reach the limit of 70 
people per day during the limited-use period. During the remainder of 
the year (July 16 through June 9), there are no limits on the number of 
permits available.
    The study explored the possible effects changes in river management 
had on visitor experience. We analyzed data from both guided and 
unguided visitors to explore potential differences with respect to 
their feelings towards conflict, crowding, use, and solitude. We 
concluded that current management of the river under the permit system 
is acceptable to visitors and that the current use limits were a 
reasonable approach to managing visitor use and complying with the 
terms of the Conservation Easement.

Conclusion

    In summary, the Conservation Easement allows the Service to open 
and manage public use of private lands. It also requires us to 
establish a permit system for most public use of easement lands within 
a \1/2\-mile band of land on either side of the Karluk River and lands 
within \1/2\ mile of the shoreline of Karluk Lake. This regulation 
replaces the temporary restrictions and allows us to continue to 
implement the Conservation Easement. The refuge plans to:
    (1) Maintain the 70-person daily limit during the limited-use 
period (June 10 to July 15),
    (2) Manage the area for natural setting and character by limiting 
infrastructure expansion, and
    (3) Distribute uses temporally and spatially throughout the 
limited-use period (June 10 to July 15).
    This regulation does not extinguish the public's right to use 
public access easements reserved under section 17(b) of the Alaska 
Native Claims Settlement Act.

Plain Language Mandate

    In this rule, we use ``you'' to refer to the reader and ``we'' to 
refer to the Service. We use the word ``allow'' instead of ``permit'' 
when we do not require a permit for an activity. Where the word 
``permit'' occurs, a permit is required.

Statutory Authority

    The National Wildlife Refuge System Administration Act 
(Administration Act) of 1966 (16 U.S.C. 668dd-668ee, as amended) and 
the Refuge Recreation Act (Recreation Act) of 1962 (16 U.S.C. 460k-
460k-4) govern the administration and public use of refuges.
    The Recreation Act authorizes the Secretary to administer areas 
within the Refuge System for public recreation as an appropriate 
incidental or secondary use only to the extent that doing so is 
practicable and not inconsistent with the primary purpose(s) for which 
Congress and the Service established the areas. The Recreation Act 
requires that any recreational use of refuge lands be compatible with 
the primary purpose(s) for which we established the refuge and not 
inconsistent with other previously authorized operations.
    The Administration Act and Recreation Act also authorize the 
Secretary to issue regulations to carry out the purposes of the Acts 
and regulate uses.
    Section 1302(a) of the Alaska National Interest Lands Conservation 
Act (16 U.S.C. 3192(a)) and the National Wildlife Refuge Administration 
Act, as amended by the Refuge Improvement Act of 1997, (16 U.S.C. 
668dd) authorize us to enter into the Conservation Easement with 
Koniag, Inc., and the State of Alaska.

Response to Comments Received

    In the September 30, 2005, Federal Register (70 FR 57242), we 
published a proposed rule and invited public comments. We also provided 
notices locally in Kodiak and Larson Bay that announced the publication 
of the proposed rule and invited public comments. We received one 
comment letter on the proposed rule from the State of Alaska. The State 
of Alaska

[[Page 33257]]

requested that we: (1) Clarify that the proposed rule would apply only 
to lands within a \1/2\-mile band of land on either side of the Karluk 
River and lands within \1/2\ mile of the shoreline of Karluk Lake; (2) 
eliminate explanatory language from the proposed rule, specifically 
paragraph (j)(3)(ii); and (3) use the word ``uplands'' rather than the 
word ``lands'' in the rule to clarify that the rule does not apply to 
water.
    In response to this comment, the final rule clearly states that the 
rule applies only to easement lands within a \1/2\-mile band of land on 
either side of the Karluk River and lands within \1/2\ mile of the 
shoreline of Karluk Lake. We also use this specific language throughout 
this Federal Register document to clarify the lands subject to this 
rule. In addition, we are not including proposed paragraph (j)(3)(ii), 
which contained explanatory material, in this final rule. Instead, the 
explanatory material is included in preamble of this Federal Register 
document. Finally, we did not use the word ``uplands'' in this rule. 
Instead, we use the phrase ``easement lands within a \1/2\-mile band of 
land on either side of the Karluk River and lands within \1/2\ mile of 
the shoreline of Karluk Lake'' from Section 5(a) of the Conservation 
Easement.

Effective Date

    This rule is effective upon publication in the Federal Register. We 
have determined that any further delay in implementing these refuge-
specific regulations would not be in the public interest, in that a 
delay could hinder public use of the private lands within the 
boundaries of Kodiak National Wildlife Refuge. This rule does not 
impact the public generally in terms of requiring lead time for 
compliance. Rather, it allows activities that would otherwise be 
prohibited. Therefore, we find good cause under 5 U.S.C. 553(d)(3) to 
make this rule effective upon publication in the Federal Register.

Regulatory Planning and Review

Executive Order (E.O.) 12866

    In accordance with the criteria in E.O. 12866, the Service asserts 
that this rule is not a significant regulatory action. The Office of 
Management and Budget (OMB) makes the final determination under E.O. 
12866.
    a. This rule would not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of government. A brief assessment to 
clarify the costs and benefits associated with this rule follows.
    This rule would require a permit for recreational activities on 
some Conservation Easement lands, specifically lands within a \1/2\-
mile band of land on either side of the Karluk River and lands within 
\1/2\ mile of the shoreline of Karluk Lake, which are owned by Koniag, 
Inc., and are within the boundaries of Kodiak National Wildlife Refuge 
in Alaska. To access the area, visitors must: (1) Have a permit from 
the refuge; (2) be a concessionaire or a client of a concessionaire 
authorized by Koniag, Inc.; (3) be an authorized subsistence user as 
defined in the Conservation Easement; or (4) limit their use to public 
easements reserved under section 17(b) of the Alaska Native Claims 
Settlement Act. The baseline (status quo) is defined as the conditions 
before the temporary restriction was adopted. Therefore, all permits 
associated with the Conservation Easement land are new.
    Visitation to the easement land consists primarily of anglers 
because of the world class king salmon fishing on the Karluk River. In 
addition to angling, other activities may include hiking, camping, 
hunting, and watching wildlife such as Kodiak brown bears.
    During the limited-use period from June 10 to July 15, the maximum 
number of recreational visitors that can access the area requiring a 
permit is limited to 70 people per day (28 holding refuge permits and 
42 clients of guides holding Koniag, Inc., permits). Outside of this 
limited-use time period (July 16 to June 9), there is no limit on the 
number of visitors. In all of 2004, 339 visitors were guided with 
permits from Koniag, Inc., and 240 visitors were unguided with permits 
from Kodiak National Wildlife Refuge. Approximately 110 refuge permits 
were for the limited-use period, and 130 refuge permits were for 
outside of the limited-use period. Thus, 579 people visited the Karluk 
River and Lake Conservation Easement land where a permit was required 
for recreation in 2004.
    During the temporary restriction on the number of recreational 
visitors that could access the area during the limited-use period, 
official monitoring of visitation has shown that no applicants have 
been denied access to easement lands within a \1/2\-mile band of land 
on either side of the Karluk River and lands within \1/2\ mile of the 
shoreline of Karluk Lake. Therefore, we do not expect that the permit 
requirement will have an effect on the number of users on the easement 
lands within a \1/2\-mile band of land on either side of the Karluk 
River and lands within \1/2\ mile of the shoreline of Karluk Lake.

Costs Incurred

    There are no monetary fees for any of these permits. Any costs 
incurred would be due to the time needed to fill out the permit 
application. Please see the ``Paperwork Reduction Act'' section of this 
document for more information.

Benefits Accrued

    a. This rule allows the public to continue to use the lands within 
a \1/2\-mile band of land on either side of the Karluk River and lands 
within \1/2\ mile of the shoreline of Karluk Lake. It provides an 
official system to gather the information necessary to track visitor 
use and help ensure visitor safety. We expect this rule will better 
distribute the number of visitors throughout the peak season in the 
future if use increases. While we do not expect the number of visitors 
to change in the immediate future, if use does increase in the future, 
visitors could continue to experience conditions similar to those today 
along Karluk River and Lake and the refuge could distribute the number 
of visitors throughout the peak season to avoid fishing congestion.
    b. This rule would not create inconsistencies with other Federal 
agencies' actions. This action pertains solely to the management of 
Conservation Easement lands within a \1/2\-mile band of land on either 
side of the Karluk River and lands within \1/2\ mile of the shoreline 
of Karluk Lake within Kodiak National Wildlife Refuge.
    c. This rule would not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
This rule does not affect entitlement programs. There are no grants or 
other Federal assistance programs associated with public use of the 
Conservation Easement.
    d. This rule would not raise novel legal or policy issues. This 
rule requires a permit to access the Koniag, Inc., Conservation 
Easement lands within a \1/2\-mile band of land on either side of the 
Karluk River and lands within \1/2\ mile of the shoreline of Karluk 
Lake. This rule continues the practice of allowing recreational public 
use of many lands managed by national wildlife refuges.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)), 
whenever a Federal agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory

[[Page 33258]]

flexibility analysis that describes the effect of the rule on small 
entities (i.e., small businesses, small organizations, and small 
government jurisdictions) (5 U.S.C. 601 et seq.). However, no 
regulatory flexibility analysis is required if the head of an agency 
certifies that the rule would not have a significant economic impact on 
a substantial number of small entities. Thus, for a regulatory 
flexibility analysis to be required, impacts must exceed a threshold 
for ''significant impact'' and a threshold for a ''substantial number 
of small entities.'' See 5 U.S.C. 605(b). SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that a rule would not have a 
significant economic impact on a substantial number of small entities.
    Small businesses that may be affected would include those located 
in Kodiak Island Borough, Alaska. Because this rule is not expected to 
affect recreational activities in the area, this rule would not have a 
significant effect on small businesses engaged in activities in the 
borough. Therefore, we certify that this rule would not have a 
significant economic effect on a substantial number of small entities 
as defined under the Regulatory Flexibility Act. A final Regulatory 
Flexibility Analysis is not required. Accordingly, a Small Entity 
Compliance Guide is not required.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act 5 U.S.C. 804(2). This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more;
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions; and
    c. Does 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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), this rule does not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The rule does not have a significant or unique effect 
on State, local, or tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act is not required.

Takings (E.O. 12630)

    In accordance with E.O. 12630, the rule does not have any takings 
implications. This regulation will affect only Conservation Easement 
lands within a \1/2\-mile band of land on either side of the Karluk 
River and lands within \1/2\ mile of the shoreline of Karluk Lake owned 
by a willing participant, Koniag, Inc., by allowing public use of 
private lands.

Federalism (E.O. 13132)

    This rule has no Federalism implications to warrant the preparation 
of a Federalism Assessment under E.O. 13132. Permit holders who choose 
to fish are regulated by Alaska Department of Fish and Game 
regulations. In negotiating the Conservation Easement, we coordinated 
with State and Tribal governments, and the State of Alaska is a party 
to the Conservation Easement.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that the rule does not unduly burden the judicial system and 
that it meets the requirements of sections 3(a) and 3(b)(2) of the 
Order. A violation of the rule is classified as a misdemeanor offense.

Energy Supply, Distribution, or Use (E.O. 13211)

    On May 18, 2001, the President issued E.O. 13211 on regulations 
that significantly affect energy supply, distribution, and use. E.O. 
13211 requires agencies to prepare Statements of Energy Effects when 
undertaking certain actions. The rule has no effect on energy supplies, 
distribution, and use. Therefore, this action is a not a significant 
energy action, and no Statement of Energy Effects is required.

Consultation and Coordination With Indian Tribal Governments (E.O. 
13175)

    In accordance with E.O. 13175, we have evaluated possible effects 
on federally recognized Indian tribes and have determined there are no 
effects. Koniag, Inc., consulted with area tribal governments in 
drafting the Conservation Easement. Other provisions of the 
Conservation Easement give preference for certain visitor services on 
easement lands to Koniag, Inc., shareholders who reside in Larsen Bay 
or Karluk and to the tribal governments of Larsen Bay and Karluk.

Paperwork Reduction Act

    This regulation does not contain any information collection 
requirements other than those already approved by OMB under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and assigned OMB 
control number 1018-0014. See 50 CFR 36.3 for information concerning 
that approval. We will amend our information collection to include the 
burden hours associated with this regulation. These burden hours 
involve the time required to complete the permit application. 
Applicants need approximately 15 minutes to apply for a permit and to 
fax or mail it to the refuge. The majority of applications are 
completed electronically and faxed to the refuge. The average annual 
time commitment for visitors is approximately 60 hours (15 minutes x 
240 applications). An agency may not conduct or sponsor and a person is 
not required to respond to a collection of information unless it 
displays a currently valid OMB control number.

Endangered Species Act Section 7 Consultation

    No species listed as endangered under the Endangered Species Act is 
known to occur within the easement lands, including lands within a \1/
2\-mile band of land on either side of the Karluk River and lands 
within \1/2\ mile of the shoreline of Karluk Lake. In 2004, a section 7 
consultation under the Endangered Species Act was conducted for the 
Draft Revised Comprehensive Conservation Plan, Kodiak National Wildlife 
Refuge. This plan includes the proposed management of all Conservation 
Easement lands. The plan was found to be fully consistent with section 
7 of the Endangered Species Act by the Service and the National Marine 
Fisheries Service.

National Environmental Policy Act

    We analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(C)) (NEPA) 
and 516 DM 6, Appendix 1. This rule does not constitute a major Federal 
action significantly affecting the quality of the human environment. An 
environmental impact statement/assessment is not required. A 
categorical exclusion from NEPA documentation applies under the 
Department of the Interior Manual, 516 DM 8 B(10).

Primary Author

    Abbey Kucera, Supervisory Natural Resources Specialist, Kodiak 
National Wildlife Refuge, is the primary author of this document.

[[Page 33259]]

List of Subjects in 50 CFR Part 36

    Alaska, Recreation and recreation areas, Reporting and 
recordkeeping requirements, Wildlife refuges.

0
For the reasons set forth in the preamble, we amend title 50, chapter 
36, subpart E of the Code of Federal Regulations as follows:

PART 36--[AMENDED]

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

    Authority: 5 U.S.C. 301; 16 U.S.C. 460(k) et seq., 668dd-668ee, 
as amended, 742(a) et seq., 3101 et seq.; and 44 U.S.C. 3501 et seq.


0
2. Amend Sec.  36.39(j) by adding paragraph (3) to read as follows:


Sec.  36.39  Public use.

* * * * *
    (j) Kodiak National Wildlife Refuge. * * *
* * * * *
    (3) Permit requirement for Conservation Easement lands. Pursuant to 
the terms of a Conservation Easement held by the United States and the 
State of Alaska, we manage public use of certain lands owned by Koniag, 
Inc. These lands are inholdings within the exterior boundaries of the 
Kodiak National Wildlife Refuge. The Conservation Easement was recorded 
in the Kodiak Recording District, Alaska, on December 6, 2002, as 
document number 2002-003448-0. The lands subject to the Conservation 
Easement to which the permit requirement in this paragraph apply are 
all lands within \1/2\ mile of the west shore of Karluk Lake, from the 
lake outlet to the southern boundary of T. 32 S., R. 30 W. (surveyed), 
Seward Meridian; all lands within \1/2\ mile of the east shore of 
Karluk Lake, from the lake outlet to a point due east of the north end 
of Camp Island; and all lands within a \1/2\-mile band of land on 
either side of the Karluk River, from the Karluk Lake outlet downstream 
to the refuge boundary. A map is available from the refuge showing the 
location of the easement lands that are subject to the permit 
requirement. You are prohibited from using these lands unless:
    (i) You have a nontransferable permit from the refuge;
    (ii) You are a concessionaire or a client of a concessionaire 
authorized by Koniag, Inc., to provide revenue-producing visitor 
services;
    (iii) You are an authorized user in accordance with section 7(d) of 
the Conservation Easement; or
    (iv) You are limiting your use of the property to public access 
easements established under section 17(b) of the Alaska Native Claims 
Settlement Act.

    Dated: May 22, 2006.
Matt Hogan,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E6-8873 Filed 6-7-06; 8:45 am]
BILLING CODE 4310-55-P