Special Regulations; Areas of the National Park System, Cape Cod National Seashore, 9852-9856 [2012-3950]

Download as PDF 9852 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 0023.1 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, which applies to regulations establishing, disestablishing, or changing Regulated Navigation Areas, safety zones or security zones. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T11–472 to read as follows: mstockstill on DSK4VPTVN1PROD with RULES ■ § 165–T11–472 Safety Zone; 2012 Mavericks Invitational, Half Moon Bay, CA. (a) Location. This safety zone is established for the waters of Half Moon Bay, California, in the vicinity of Pillar Point bounded by a line connecting the following coordinates in the order they appear written in this section: 37°29′23″ N, 122°30′04″ W; 37°29′15″ N, VerDate Mar<15>2010 16:13 Feb 17, 2012 Jkt 226001 122°30′10″ W; 37°29′17″ N, 122°30′30″ W; 37°29′36″ N, 122°30′16″ W; 37°29′23″ N, 122°30′04″ W; 37°29′36″ N, 122°29′21″ W; 37°29′13″ N, 122°29′25″ W; 37°29′15″ N, 122°29′58″ W; 37°29′23″ N, 122°30′04″ W (NAD 83). (b) Definitions. Patrol Commander (PATCOM). As used in this section, ‘‘Patrol Commander’’ or ‘‘PATCOM’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer, or a Federal, State, or local officer designated by the Captain of the Port San Francisco (COTP) to assist in the enforcement of the safety zone. (c) Enforcement period. This rule is effective during the 2012 Maverick Invitational, which will take place on a day that presents favorable surf conditions between 7 a.m. Monday January 23, 2012 and 3 p.m. Saturday March 31, 2012. The Coast Guard will issue notice of the event to the public as soon as practicable, and no later than 24 hours prior to the event via Broadcast Notice to Mariners. (d) Regulations. (1) Under the general regulations in 33 CFR part 165, Subpart C this title, the safety zone is closed to all unauthorized vessel traffic, except as may be permitted by the COTP or PATCOM. (2) Vessel operators desiring to enter or operate within the safety zone must contact the COTP or PATCOM to obtain permission. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or PATCOM. Persons or vessels may request permission to enter the safety zone on VHF–23A or through the 24hour Command Center telephone at (415)–399–3547. (4) The COTP, or PATCOM as the designated representative of the COTP, may control the movement of all vessels operating on the navigable waters of Half Moon Bay when the COTP has determined that such orders are justified in the interest of safety by reason of weather, visibility, sea conditions, temporary port congestion, and other temporary hazardous circumstances. When hailed or signaled by PATCOM, the hailed vessel must come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in additional operating restrictions, citation for failure to comply, or both. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Dated: January 23, 2012. C.L. Stowe, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2012–3868 Filed 2–17–12; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 7 RIN 1024–AD88 Special Regulations; Areas of the National Park System, Cape Cod National Seashore National Park Service, Interior. Final rule. AGENCY: ACTION: The National Park Service is amending special regulations for Cape Cod National Seashore that authorize hunting to allow for a spring season hunt for Eastern Wild Turkey. The Final Rule implements the Record of Decision for the Cape Cod National Seashore Hunting Program Environmental Impact Statement of August 2007. DATES: This rule is effective March 22, 2012. FOR FURTHER INFORMATION CONTACT: Craig Thatcher, Acting Chief Ranger, 99 Marconi Site Road Wellfleet, MA 02667; 508–957–0735. SUPPLEMENTARY INFORMATION: SUMMARY: Description of the Park Area In 1961 Congress established Cape Cod National Seashore (Seashore). In establishing the Seashore, Congress directed that the unique flora and fauna, the physiographic conditions, and the historic sites and structures of the area be permanently preserved; authorized the Secretary of the Interior (Secretary) to provide for the public enjoyment and understanding of the unique natural, historic, and scientific features of the Seashore be facilitated by establishing trails, observation points, exhibits and services for the public, and provided that adaptable portions of the Seashore may be managed for camping, swimming, boating, sailing, hunting, fishing, and other activities of similar nature. Public Law 87–126, Sec. 7 (Aug. 7, 1961). The Seashore comprises 43,608 acres of shoreline; salt marshes; clear, deep, freshwater kettle ponds; and uplands; as well as a great diversity of species supported by these habitats. Lighthouses, a life-saving station, dune shacks, modern and Cape Cod-style houses, cultural landscapes, and wild E:\FR\FM\21FER1.SGM 21FER1 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations cranberry bogs provide a glimpse into Cape Cod’s past and continuing life ways. The Seashore offers six swimming beaches, eleven self-guiding nature trails, and a variety of picnic areas and scenic overlooks. Background The 1961 legislation establishing the Seashore authorized the Secretary, acting through the National Park Service (NPS), to permit hunting. mstockstill on DSK4VPTVN1PROD with RULES The Secretary may permit hunting and fishing, including shellfishing, on lands and waters under his jurisdiction within the seashore in such areas and under such regulations as he may prescribe during open seasons prescribed by applicable local, State and Federal law. The Secretary shall consult with officials of the Commonwealth of Massachusetts and any political subdivision thereof who have jurisdiction of hunting and fishing, including shellfishing, prior to the issuance of any such regulations, and the Secretary is authorized to enter into cooperative arrangements with such officials regarding such hunting and fishing, including shellfishing, as he may deem desirable. * * * 16 U.S.C. 459b–6(c). The final rule increases hunting opportunities by expanding the hunting season to include a spring turkey hunt. Hunting within the Seashore that is authorized by NPS regulations is conducted in accordance with Commonwealth of Massachusetts, Department of Fisheries and Wildlife (MDFW) regulations. Currently authorized hunting in the Seashore is limited to deer, upland game, and migratory waterfowl. Although the Eastern Wild Turkey is managed as a native upland game bird by the MDFW, the current special regulation for hunting within the Seashore prohibits all hunting from March 1 through August 31. This rule change is necessary because the Massachusetts spring turkey season generally takes place from late April to mid or late May when hunting is prohibited by the Seashore’s current special regulation. Fall turkey hunting could also be initiated if MDFW established such a season in the Cape Cod zone, but no rule change would be needed for a fall turkey hunt since the State does not conduct hunting before September 1. For many years, the Seashore cooperated with the MDFW to release ring-necked pheasants within the Seashore to provide a pheasant hunt. In 2002, the Seashore was sued for failure to follow the National Environmental Policy Act (NEPA) with respect to the hunting program. In September 2003, the U.S. District Court ordered the Seashore to prepare a NEPA VerDate Mar<15>2010 16:13 Feb 17, 2012 Jkt 226001 environmental assessment of the hunting program. The court also enjoined the pheasant hunt until the Seashore completed the NEPA assessment. National Environmental Policy Act Process As a result of the court order, the Seashore initiated and completed a Final Environmental Impact Statement (FEIS), and Record of Decision (ROD), on the Seashore’s hunting program. The chosen alternative as documented by the ROD, was Alternative B—Develop a Modified Hunting Program. Through Alternative B, the Seashore seeks to increase hunting opportunities for native upland game bird species by establishing a turkey season generally consistent with MDFW regulations and making ancillary improvements to upland game bird habitat. The alternative phases out pheasant stocking and hunting through adaptive management actions aimed at improving the availability of native upland game bird species. Hunting areas will be consolidated and clearly delineated and educational outreach concerning hunting will be expanded to hunting and non-hunting users. The NPS and MDFW will cooperatively monitor and manage game and other species. The FEIS and ROD may be reviewed at: http://www.nps.gov/caco/parkmgmt/ planning.htm. Summary of and Responses to Public Comments The NPS published a proposed rule on March 22, 2011, and accepted public comments through April 21, 2011. Comments were accepted through the mail, hand delivery, and through the Federal eRulemaking Portal: http:// www.regulations.gov. A total of eleven comments were received during the comment period. Ten comments supported the establishment of the spring turkey season within the Seashore. One comment was not responsive to the proposed rule, but contained strong, general anti-hunting sentiment. Seven comments were received from individuals. Of these, two came from the same person. Two of the remaining individual comments were very similar in context and point, but did not contain the name(s) of the person(s) that sent them. Three comments were received from organizations: the Cranberry County Longbeards Chapter of the National Wild Turkey Federation; the Barnstable County League of Sportsman’s Clubs, Inc.; and the Bass River Rod and Gun Club, Inc. One comment was from the PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 9853 agency that manages hunting in Massachusetts, the MDFW. Two individual comments expressed general support for establishing a spring turkey season at the Seashore that was consistent with the MDFW program, but also recognized that the Seashore season and the State season were separately managed. Two individual comments supported the spring turkey season based on reducing motor vehicle and turkey conflicts on Route 6, a well travelled State highway that runs through the Seashore. The comments received from the three organizations supported establishing a spring turkey season at the Seashore. These comments also suggested there should be: • Consistency between the Seashore and MDFW regulations, • A youth turkey hunt similar to the State youth hunt, • Flexibility in the rule for the Seashore to adjust to any changes MDFW makes with the spring turkey season, and • No extra geographic restraints in the Seashore spring turkey season that might create a high hunter density. The MDFW made similar suggestions and also expressed concern about the possible need for a hunter to have a permit issued by the Seashore in addition to their State hunting license and turkey stamp. Analysis and Response The Seashore’s hunting FEIS evaluated a turkey hunting season that was consistent with the MDFW regulations. The Seashore’s hunting program has generally followed the MDFW program, with additional provisions or restrictions as necessary to meet park objectives and NPS policies. The Seashore regards MDFW as a key expert agency with State and regionwide perspective that is important for determining hunting seasons, bag limits, and other elements of a sound hunting program. Accordingly, management of hunting at the Seashore will be accomplished through close coordination between the Seashore and MDFW. The Seashore has adopted many of the MDFW regulations without additional restrictions, although the ultimate responsibility for developing and managing an appropriate hunting program for the Seashore rests with the NPS. The existing special regulation utilizes 36 CFR 1.5, Closures and public use limits, to designate appropriate locations where hunting is allowed and to impose reasonable limits or restrictions necessary to address park specific issues such as resource E:\FR\FM\21FER1.SGM 21FER1 mstockstill on DSK4VPTVN1PROD with RULES 9854 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations protection, public safety and other visitor use concerns. While the general authority of § 1.5 remains available as an alternative closure authority, the new § 7.67(f)(5) creates Seashore-specific discretionary authority for the Superintendent, consistent with the public notice requirement of 36 CFR 1.7, to require permits where appropriate and to ensure that potential park specific concerns or conflicts, such as resource protection, visitor use, and public safety, can be addressed should they arise. Section 1.7 describes four alternative methods of notifying the public: Signs; maps; newspaper publication; and electronic media, brochures, or hand-outs. In addition, the Superintendent must annually compile all park closures and restrictions into a document generally referred to as the Superintendent’s Compendium, which is available to the public on the Seashore’s Web site at http:// www.nps.gov/caco. Although, closures under the new § 7.67(f)(5)(ii) are ‘‘temporary’’ insofar as they must be annually re-evaluated and renewed by the Superintendent, they may be renewed each year whenever appropriate. In order to clarify this point, and because the requirement for annual review already exists in 36 CFR 1.7, NPS has deleted the word ‘‘temporarily’’ from § 7.67(f)(5)(ii) in this final rule. This closure authority will allow for such closures to remain flexible in light of changes in visitor use, public safety, wildlife resource impacts, or other changed or unanticipated conditions. Hunters are urged to consult with the Seashore each season to ascertain whether or not there are any changes from the prior year. For similar reasons, NPS has deleted the reference to management activities and objectives ‘‘such as those described in the Cape Cod National Seashore Hunting Program/Final Environmental Impact Statement’’ from § 7.67(f)(5)(ii) in this final rule. Although the FEIS will continue to be an important guiding document, the Seashore will gain knowledge and experience each season that will inform the ongoing management process, and accordingly some flexibility is necessary. For example, when the FEIS (July 2007) and ROD (September 2007), were completed, the MDFW had a two-week spring turkey hunting season, starting at the end of April and ending in early May. The FEIS and ROD statements of being ‘‘consistent with’’ the State season and expanding the Seashore’s hunting season to accommodate the State’s spring turkey hunt was written in the context of the two-week season. Since that date, the State has expanded its VerDate Mar<15>2010 16:13 Feb 17, 2012 Jkt 226001 spring turkey season from two to four weeks, ending in late May. Due to possible user conflicts that may arise in late May, the Seashore Superintendent, using discretionary authority of the rule, will set the closing date of the season. The Seashore will strive to be consistent with the MDFW’s turkey season dates to avoid confusion. However, the Superintendent will have the discretion to adjust the Seashore’s opening and closings dates based on factors such as safety, use patterns, and the public interest. To authorize and manage hunting activities compatible with their land management concerns, other federal and Commonwealth facilities within Massachusetts, such as the Massachusetts Military Reservation, have different rules and different dates than the dates/times established by the MDFW. The Superintendent’s discretion in this case would be similar to such established practice. The public will be notified of the spring turkey hunt opening and closing dates and other special conditions for the Seashore hunting program, all of which will also be published in the Superintendent’s Compendium. Affording the Seashore Superintendent this discretion provides the flexibility suggested by the three organizations and the MDFW to allow for accommodation of future changes in the State’s program (provided the changes fall within the scope of discretion authorized by this regulation) without further rulemaking. For example, MDFW currently has a special youth turkey hunt, which is allowed on a specific day, as part of its spring turkey season. The Seashore may consider, and this rulemaking accommodates, the possibility of incorporating a youth turkey hunt into the Seashore’s program in the future. Consideration of the youth turkey hunt component may be entertained after the Seashore has implemented and evaluated the regular spring turkey hunt. The ROD directed that: ‘‘[t]urkey hunting within [the Seashore] will be a controlled hunt requiring a permit, limiting the number of hunters, and likely managed through a lottery system.’’ Accordingly, to control issues such as hunter density for safety, this rule provides that the Seashore will manage the turkey hunt through permits. A person seeking the turkey hunting permit must present a driver’s license, vehicle registration and Massachusetts State Hunting license with turkey stamp to ensure compliance with MDFW turkey hunt legal requirements and to verify the identity PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 of the applicant. Seashore hunters should understand that some areas where hunting has previously been allowed might be closed to hunting during the spring turkey season for safety reasons. Changes From the Proposed Rule After review and analysis of the public comments, NPS has: • Deleted the word ‘‘temporarily’’ in paragraph (f)(5)(ii), for the reasons discussed in the previous section; • Deleted the reference to activities and objectives ‘‘such as those described in the Cape Cod National Seashore Hunting Program/Final Environmental Impact Statement’’ in paragraph (f)(5)(ii), for the reasons discussed in the previous section; and • Added the terms ‘‘limitations, restrictions * * * or other hunting related designations’’ to the public notification requirements for closures in paragraph (f)(6) to clarify that the requirement applies to all such actions. Compliance With Other Laws and Executive Orders Regulatory Planning and Review (Executive Order 12866) This document is not a significant rule and the Office of Management and Budget has not reviewed this rule under Executive Order 12866. (1) This rule will not have an effect of $100 million or more on the economy. It 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. (2) This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. This is an agency specific rule. (3) This rule does not alter the budgetary effects of entitlements, grants, user-fees, or loan programs or the rights or obligations of their recipients. (4) This rule does not raise novel legal or policy issues. The rule meets the requirements of the NPS general regulations at 36 CFR 2.2(b)(2). Regulatory Flexibility Act (RFA) The Department of the Interior certifies that this document will not have a significant economic effect on a substantial number of small entities under the RFA (5 U.S.C. 601 et seq.). Small Business Regulatory Enforcement Fairness Act (SBREFA) This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. This rule: a. Does not have an annual effect on the economy of $100 million or more. E:\FR\FM\21FER1.SGM 21FER1 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations The rule will benefit small businesses in the local communities through the sale of goods and services to turkey hunters. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. The rule will not impose restrictions on business in the local communities in the form of fees, record keeping or other requirements that would increase costs. 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 (UMRA) 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 UMRA (2 U.S.C. 1531 et seq.) is not required. Takings (Executive Order 12630) Under the criteria in Executive Order 12630, this rule does not have significant takings implications. A takings implication assessment is not required. Federalism (Executive Order 13132) Under the criteria in Executive Order 13132, the rule does not have sufficient federalism implications to warrant the preparation of a Federalism summary impact statement. A Federalism summary impact statement is not required. Civil Justice Reform (Executive Order 12988) mstockstill on DSK4VPTVN1PROD with RULES This rule complies with the requirements of Executive Order 12988. Specifically this rule: (a) Meets the requirements of section 3(a) requiring 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. Consultation With Indian Tribes (Executive Order 13175) Under the criteria in Executive Order 13175 we have evaluated this rule and determined that it has no potential effects on federally recognized Indian tribes. VerDate Mar<15>2010 16:13 Feb 17, 2012 Jkt 226001 Paperwork Reduction Act (PRA) This rule does not contain any new collection of information that requires approval by OMB under the PRA of 1995 (44 U.S.C. 3501 et seq.). OMB has approved the information collection requirements associated with NPS special use permits and has assigned OMB control number 1024–0026 (expires 06/30/2013). 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. National Environmental Policy Act (NEPA) This rule implements a portion of a major Federal action significantly affecting the quality of the human environment. The Seashore formally initiated the NEPA process on June 21, 2004 by publishing in the Federal Register a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) on the Seashore Hunting Program. A series of public and agency scoping meetings followed to solicit input on hunting in the park from American Indian tribes, Federal and State agencies and local towns, the public, and interested groups. Using the information gathered during the scoping process, the Seashore prepared a Draft Environmental Impact Statement (Draft EIS) for public review and comment. The comment period opened on April 21, 2006, with the Environmental Protection Agency’s (EPA) publication of a Notice of Availability (NOA) in the Federal Register, and closed 60 days later, on June 19, 2006. Two public meetings were held during the 60-day review period to receive oral comment. The availability of the Draft EIS and the dates and times of the public meetings were also publicized through a second NOA published by the NPS in the Federal Register on May 10, 2006, and through press releases sent to local newspapers and radio stations. Over 200 comments were received on the Draft EIS. These comments were used to improve the Draft and produce the FEIS. Completion of the FEIS was noticed in the Federal Register by the DOI and EPA on August 7 and August 10, 2007, respectively. The ROD was signed on September 18, 2007. The chosen alternative was Alternative B—Develop a Modified Hunting Program. The FEIS and ROD may be reviewed at: http:// www.nps.gov/caco/parkmgmt/ planning.htm. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 9855 Effects on the Energy Supply (Executive Order 13211) This rule is not a significant energy action under the definition in Executive Order 13211. A statement of Energy Effects is not required. Drafting Information The primary authors of this regulation were Craig Thatcher, Acting Chief Ranger, Cape Cod National Seashore; Robin Lepore, Office of the Regional Solicitor, Department of the Interior; Russel J. Wilson, Chief Regulations and Special Park Uses, National Park Service; and, A.J. North, Regulations Coordinator, National Park Service. List of Subjects in 36 CFR Part 7 National Parks, Reporting and recordkeeping requirements. For the reasons stated in the preamble, the National Park Service amends 36 CFR part 7 as follows: PART 7—SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM 1. The authority citation for part 7 continues to read as follows: ■ Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued under 36 U.S.C. 501–511, DC Code 10–137 (2001) and DC Code 50–2201 (2001). ■ 2. Revise § 7.67(f) to read as follows: § 7.67 Cape Cod National Seashore. * * * * * (f) Hunting. (1) Hunting is allowed at times and locations designated by the Superintendent as open to hunting. (2) Except as otherwise provided in this section, hunting is permitted in accordance with § 2.2 of this chapter. (3) Only deer, upland game (including Eastern Wild Turkey), and migratory waterfowl may be hunted. (4) Hunting is prohibited from March 1st through August 31st each year, except for the taking of Eastern Wild Turkey as designated by the Superintendent. (5) The Superintendent may: (i) Require permits and establish conditions for hunting; and (ii) Limit, restrict, or terminate hunting access or activities after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives. (6) The public will be notified of such limitations, restrictions, closures, or other hunting related designations through one or more methods listed in § 1.7(a) of this chapter. (7) Violating a closure, designation, use or activity restriction or a term or E:\FR\FM\21FER1.SGM 21FER1 9856 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations condition of a permit is prohibited. Violating a term or condition of a permit may result in the suspension or revocation of the permit by the Superintendent. Dated: February 10, 2012. Rachel Jacobson, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2012–3950 Filed 2–17–12; 8:45 am] BILLING CODE 4310–WV–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2012–0003; Internal Agency Docket No. FEMA–8219] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase Federal flood insurance that is not mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:13 Feb 17, 2012 Jkt 226001 otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register. In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA’s initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for part 64 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. § 64.6 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: ■ E:\FR\FM\21FER1.SGM 21FER1

Agencies

[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Rules and Regulations]
[Pages 9852-9856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3950]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD88


Special Regulations; Areas of the National Park System, Cape Cod 
National Seashore

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service is amending special regulations for 
Cape Cod National Seashore that authorize hunting to allow for a spring 
season hunt for Eastern Wild Turkey. The Final Rule implements the 
Record of Decision for the Cape Cod National Seashore Hunting Program 
Environmental Impact Statement of August 2007.

DATES: This rule is effective March 22, 2012.

FOR FURTHER INFORMATION CONTACT: Craig Thatcher, Acting Chief Ranger, 
99 Marconi Site Road Wellfleet, MA 02667; 508-957-0735.

SUPPLEMENTARY INFORMATION: 

Description of the Park Area

    In 1961 Congress established Cape Cod National Seashore (Seashore). 
In establishing the Seashore, Congress directed that the unique flora 
and fauna, the physiographic conditions, and the historic sites and 
structures of the area be permanently preserved; authorized the 
Secretary of the Interior (Secretary) to provide for the public 
enjoyment and understanding of the unique natural, historic, and 
scientific features of the Seashore be facilitated by establishing 
trails, observation points, exhibits and services for the public, and 
provided that adaptable portions of the Seashore may be managed for 
camping, swimming, boating, sailing, hunting, fishing, and other 
activities of similar nature. Public Law 87-126, Sec. 7 (Aug. 7, 1961).
    The Seashore comprises 43,608 acres of shoreline; salt marshes; 
clear, deep, freshwater kettle ponds; and uplands; as well as a great 
diversity of species supported by these habitats. Lighthouses, a life-
saving station, dune shacks, modern and Cape Cod-style houses, cultural 
landscapes, and wild

[[Page 9853]]

cranberry bogs provide a glimpse into Cape Cod's past and continuing 
life ways. The Seashore offers six swimming beaches, eleven self-
guiding nature trails, and a variety of picnic areas and scenic 
overlooks.

Background

    The 1961 legislation establishing the Seashore authorized the 
Secretary, acting through the National Park Service (NPS), to permit 
hunting.

    The Secretary may permit hunting and fishing, including 
shellfishing, on lands and waters under his jurisdiction within the 
seashore in such areas and under such regulations as he may 
prescribe during open seasons prescribed by applicable local, State 
and Federal law. The Secretary shall consult with officials of the 
Commonwealth of Massachusetts and any political subdivision thereof 
who have jurisdiction of hunting and fishing, including 
shellfishing, prior to the issuance of any such regulations, and the 
Secretary is authorized to enter into cooperative arrangements with 
such officials regarding such hunting and fishing, including 
shellfishing, as he may deem desirable. * * *

16 U.S.C. 459b-6(c).

    The final rule increases hunting opportunities by expanding the 
hunting season to include a spring turkey hunt. Hunting within the 
Seashore that is authorized by NPS regulations is conducted in 
accordance with Commonwealth of Massachusetts, Department of Fisheries 
and Wildlife (MDFW) regulations. Currently authorized hunting in the 
Seashore is limited to deer, upland game, and migratory waterfowl. 
Although the Eastern Wild Turkey is managed as a native upland game 
bird by the MDFW, the current special regulation for hunting within the 
Seashore prohibits all hunting from March 1 through August 31. This 
rule change is necessary because the Massachusetts spring turkey season 
generally takes place from late April to mid or late May when hunting 
is prohibited by the Seashore's current special regulation. Fall turkey 
hunting could also be initiated if MDFW established such a season in 
the Cape Cod zone, but no rule change would be needed for a fall turkey 
hunt since the State does not conduct hunting before September 1.
    For many years, the Seashore cooperated with the MDFW to release 
ring-necked pheasants within the Seashore to provide a pheasant hunt. 
In 2002, the Seashore was sued for failure to follow the National 
Environmental Policy Act (NEPA) with respect to the hunting program. In 
September 2003, the U.S. District Court ordered the Seashore to prepare 
a NEPA environmental assessment of the hunting program. The court also 
enjoined the pheasant hunt until the Seashore completed the NEPA 
assessment.

National Environmental Policy Act Process

    As a result of the court order, the Seashore initiated and 
completed a Final Environmental Impact Statement (FEIS), and Record of 
Decision (ROD), on the Seashore's hunting program. The chosen 
alternative as documented by the ROD, was Alternative B--Develop a 
Modified Hunting Program.
    Through Alternative B, the Seashore seeks to increase hunting 
opportunities for native upland game bird species by establishing a 
turkey season generally consistent with MDFW regulations and making 
ancillary improvements to upland game bird habitat. The alternative 
phases out pheasant stocking and hunting through adaptive management 
actions aimed at improving the availability of native upland game bird 
species. Hunting areas will be consolidated and clearly delineated and 
educational outreach concerning hunting will be expanded to hunting and 
non-hunting users. The NPS and MDFW will cooperatively monitor and 
manage game and other species. The FEIS and ROD may be reviewed at: 
http://www.nps.gov/caco/parkmgmt/planning.htm.

Summary of and Responses to Public Comments

    The NPS published a proposed rule on March 22, 2011, and accepted 
public comments through April 21, 2011. Comments were accepted through 
the mail, hand delivery, and through the Federal eRulemaking Portal: 
http://www.regulations.gov. A total of eleven comments were received 
during the comment period. Ten comments supported the establishment of 
the spring turkey season within the Seashore. One comment was not 
responsive to the proposed rule, but contained strong, general anti-
hunting sentiment.
    Seven comments were received from individuals. Of these, two came 
from the same person. Two of the remaining individual comments were 
very similar in context and point, but did not contain the name(s) of 
the person(s) that sent them.
    Three comments were received from organizations: the Cranberry 
County Longbeards Chapter of the National Wild Turkey Federation; the 
Barnstable County League of Sportsman's Clubs, Inc.; and the Bass River 
Rod and Gun Club, Inc. One comment was from the agency that manages 
hunting in Massachusetts, the MDFW.
    Two individual comments expressed general support for establishing 
a spring turkey season at the Seashore that was consistent with the 
MDFW program, but also recognized that the Seashore season and the 
State season were separately managed. Two individual comments supported 
the spring turkey season based on reducing motor vehicle and turkey 
conflicts on Route 6, a well travelled State highway that runs through 
the Seashore.
    The comments received from the three organizations supported 
establishing a spring turkey season at the Seashore. These comments 
also suggested there should be:
     Consistency between the Seashore and MDFW regulations,
     A youth turkey hunt similar to the State youth hunt,
     Flexibility in the rule for the Seashore to adjust to any 
changes MDFW makes with the spring turkey season, and
     No extra geographic restraints in the Seashore spring 
turkey season that might create a high hunter density.
    The MDFW made similar suggestions and also expressed concern about 
the possible need for a hunter to have a permit issued by the Seashore 
in addition to their State hunting license and turkey stamp.

Analysis and Response

    The Seashore's hunting FEIS evaluated a turkey hunting season that 
was consistent with the MDFW regulations. The Seashore's hunting 
program has generally followed the MDFW program, with additional 
provisions or restrictions as necessary to meet park objectives and NPS 
policies. The Seashore regards MDFW as a key expert agency with State 
and region-wide perspective that is important for determining hunting 
seasons, bag limits, and other elements of a sound hunting program. 
Accordingly, management of hunting at the Seashore will be accomplished 
through close coordination between the Seashore and MDFW. The Seashore 
has adopted many of the MDFW regulations without additional 
restrictions, although the ultimate responsibility for developing and 
managing an appropriate hunting program for the Seashore rests with the 
NPS.
    The existing special regulation utilizes 36 CFR 1.5, Closures and 
public use limits, to designate appropriate locations where hunting is 
allowed and to impose reasonable limits or restrictions necessary to 
address park specific issues such as resource

[[Page 9854]]

protection, public safety and other visitor use concerns. While the 
general authority of Sec.  1.5 remains available as an alternative 
closure authority, the new Sec.  7.67(f)(5) creates Seashore-specific 
discretionary authority for the Superintendent, consistent with the 
public notice requirement of 36 CFR 1.7, to require permits where 
appropriate and to ensure that potential park specific concerns or 
conflicts, such as resource protection, visitor use, and public safety, 
can be addressed should they arise. Section 1.7 describes four 
alternative methods of notifying the public: Signs; maps; newspaper 
publication; and electronic media, brochures, or hand-outs. In 
addition, the Superintendent must annually compile all park closures 
and restrictions into a document generally referred to as the 
Superintendent's Compendium, which is available to the public on the 
Seashore's Web site at http://www.nps.gov/caco. Although, closures 
under the new Sec.  7.67(f)(5)(ii) are ``temporary'' insofar as they 
must be annually re-evaluated and renewed by the Superintendent, they 
may be renewed each year whenever appropriate. In order to clarify this 
point, and because the requirement for annual review already exists in 
36 CFR 1.7, NPS has deleted the word ``temporarily'' from Sec.  
7.67(f)(5)(ii) in this final rule. This closure authority will allow 
for such closures to remain flexible in light of changes in visitor 
use, public safety, wildlife resource impacts, or other changed or 
unanticipated conditions. Hunters are urged to consult with the 
Seashore each season to ascertain whether or not there are any changes 
from the prior year.
    For similar reasons, NPS has deleted the reference to management 
activities and objectives ``such as those described in the Cape Cod 
National Seashore Hunting Program/Final Environmental Impact 
Statement'' from Sec.  7.67(f)(5)(ii) in this final rule. Although the 
FEIS will continue to be an important guiding document, the Seashore 
will gain knowledge and experience each season that will inform the 
ongoing management process, and accordingly some flexibility is 
necessary.
    For example, when the FEIS (July 2007) and ROD (September 2007), 
were completed, the MDFW had a two-week spring turkey hunting season, 
starting at the end of April and ending in early May. The FEIS and ROD 
statements of being ``consistent with'' the State season and expanding 
the Seashore's hunting season to accommodate the State's spring turkey 
hunt was written in the context of the two-week season. Since that 
date, the State has expanded its spring turkey season from two to four 
weeks, ending in late May. Due to possible user conflicts that may 
arise in late May, the Seashore Superintendent, using discretionary 
authority of the rule, will set the closing date of the season. The 
Seashore will strive to be consistent with the MDFW's turkey season 
dates to avoid confusion. However, the Superintendent will have the 
discretion to adjust the Seashore's opening and closings dates based on 
factors such as safety, use patterns, and the public interest.
    To authorize and manage hunting activities compatible with their 
land management concerns, other federal and Commonwealth facilities 
within Massachusetts, such as the Massachusetts Military Reservation, 
have different rules and different dates than the dates/times 
established by the MDFW. The Superintendent's discretion in this case 
would be similar to such established practice. The public will be 
notified of the spring turkey hunt opening and closing dates and other 
special conditions for the Seashore hunting program, all of which will 
also be published in the Superintendent's Compendium.
    Affording the Seashore Superintendent this discretion provides the 
flexibility suggested by the three organizations and the MDFW to allow 
for accommodation of future changes in the State's program (provided 
the changes fall within the scope of discretion authorized by this 
regulation) without further rulemaking. For example, MDFW currently has 
a special youth turkey hunt, which is allowed on a specific day, as 
part of its spring turkey season. The Seashore may consider, and this 
rulemaking accommodates, the possibility of incorporating a youth 
turkey hunt into the Seashore's program in the future. Consideration of 
the youth turkey hunt component may be entertained after the Seashore 
has implemented and evaluated the regular spring turkey hunt.
    The ROD directed that: ``[t]urkey hunting within [the Seashore] 
will be a controlled hunt requiring a permit, limiting the number of 
hunters, and likely managed through a lottery system.'' Accordingly, to 
control issues such as hunter density for safety, this rule provides 
that the Seashore will manage the turkey hunt through permits. A person 
seeking the turkey hunting permit must present a driver's license, 
vehicle registration and Massachusetts State Hunting license with 
turkey stamp to ensure compliance with MDFW turkey hunt legal 
requirements and to verify the identity of the applicant. Seashore 
hunters should understand that some areas where hunting has previously 
been allowed might be closed to hunting during the spring turkey season 
for safety reasons.

Changes From the Proposed Rule

    After review and analysis of the public comments, NPS has:
     Deleted the word ``temporarily'' in paragraph (f)(5)(ii), 
for the reasons discussed in the previous section;
     Deleted the reference to activities and objectives ``such 
as those described in the Cape Cod National Seashore Hunting Program/
Final Environmental Impact Statement'' in paragraph (f)(5)(ii), for the 
reasons discussed in the previous section; and
     Added the terms ``limitations, restrictions * * * or other 
hunting related designations'' to the public notification requirements 
for closures in paragraph (f)(6) to clarify that the requirement 
applies to all such actions.

Compliance With Other Laws and Executive Orders

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and the Office of 
Management and Budget has not reviewed this rule under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It 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.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. This is an 
agency specific rule.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user-fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule does not raise novel legal or policy issues. The rule 
meets the requirements of the NPS general regulations at 36 CFR 
2.2(b)(2).

Regulatory Flexibility Act (RFA)

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the RFA (5 U.S.C. 601 et seq.).

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 
This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.

[[Page 9855]]

The rule will benefit small businesses in the local communities through 
the sale of goods and services to turkey hunters.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The rule will not impose restrictions 
on business in the local communities in the form of fees, record 
keeping or other requirements that would increase costs.
    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 (UMRA)

    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 UMRA (2 U.S.C. 1531 et seq.) 
is not required.

Takings (Executive Order 12630)

    Under the criteria in Executive Order 12630, this rule does not 
have significant takings implications. A takings implication assessment 
is not required.

Federalism (Executive Order 13132)

    Under the criteria in Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism summary impact statement. A Federalism summary impact 
statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically this rule:
    (a) Meets the requirements of section 3(a) requiring 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.

Consultation With Indian Tribes (Executive Order 13175)

    Under the criteria in Executive Order 13175 we have evaluated this 
rule and determined that it has no potential effects on federally 
recognized Indian tribes.

Paperwork Reduction Act (PRA)

    This rule does not contain any new collection of information that 
requires approval by OMB under the PRA of 1995 (44 U.S.C. 3501 et 
seq.). OMB has approved the information collection requirements 
associated with NPS special use permits and has assigned OMB control 
number 1024-0026 (expires 06/30/2013). 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.

National Environmental Policy Act (NEPA)

    This rule implements a portion of a major Federal action 
significantly affecting the quality of the human environment. The 
Seashore formally initiated the NEPA process on June 21, 2004 by 
publishing in the Federal Register a Notice of Intent (NOI) to prepare 
an Environmental Impact Statement (EIS) on the Seashore Hunting 
Program.
    A series of public and agency scoping meetings followed to solicit 
input on hunting in the park from American Indian tribes, Federal and 
State agencies and local towns, the public, and interested groups. 
Using the information gathered during the scoping process, the Seashore 
prepared a Draft Environmental Impact Statement (Draft EIS) for public 
review and comment. The comment period opened on April 21, 2006, with 
the Environmental Protection Agency's (EPA) publication of a Notice of 
Availability (NOA) in the Federal Register, and closed 60 days later, 
on June 19, 2006.
    Two public meetings were held during the 60-day review period to 
receive oral comment. The availability of the Draft EIS and the dates 
and times of the public meetings were also publicized through a second 
NOA published by the NPS in the Federal Register on May 10, 2006, and 
through press releases sent to local newspapers and radio stations. 
Over 200 comments were received on the Draft EIS. These comments were 
used to improve the Draft and produce the FEIS.
    Completion of the FEIS was noticed in the Federal Register by the 
DOI and EPA on August 7 and August 10, 2007, respectively. The ROD was 
signed on September 18, 2007. The chosen alternative was Alternative 
B--Develop a Modified Hunting Program. The FEIS and ROD may be reviewed 
at: http://www.nps.gov/caco/parkmgmt/planning.htm.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A statement of Energy Effects is not 
required.

Drafting Information

    The primary authors of this regulation were Craig Thatcher, Acting 
Chief Ranger, Cape Cod National Seashore; Robin Lepore, Office of the 
Regional Solicitor, Department of the Interior; Russel J. Wilson, Chief 
Regulations and Special Park Uses, National Park Service; and, A.J. 
North, Regulations Coordinator, National Park Service.

List of Subjects in 36 CFR Part 7

    National Parks, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, the National Park Service 
amends 36 CFR part 7 as follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation for part 7 continues to read as follows:

    Authority:  16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued 
under 36 U.S.C. 501-511, DC Code 10-137 (2001) and DC Code 50-2201 
(2001).

0
2. Revise Sec.  7.67(f) to read as follows:

Sec.  7.67  Cape Cod National Seashore.

* * * * *
    (f) Hunting. (1) Hunting is allowed at times and locations 
designated by the Superintendent as open to hunting.
    (2) Except as otherwise provided in this section, hunting is 
permitted in accordance with Sec.  2.2 of this chapter.
    (3) Only deer, upland game (including Eastern Wild Turkey), and 
migratory waterfowl may be hunted.
    (4) Hunting is prohibited from March 1st through August 31st each 
year, except for the taking of Eastern Wild Turkey as designated by the 
Superintendent.
    (5) The Superintendent may:
    (i) Require permits and establish conditions for hunting; and
    (ii) Limit, restrict, or terminate hunting access or activities 
after taking into consideration public health and safety, natural and 
cultural resource protection, and other management activities and 
objectives.
    (6) The public will be notified of such limitations, restrictions, 
closures, or other hunting related designations through one or more 
methods listed in Sec.  1.7(a) of this chapter.
    (7) Violating a closure, designation, use or activity restriction 
or a term or

[[Page 9856]]

condition of a permit is prohibited. Violating a term or condition of a 
permit may result in the suspension or revocation of the permit by the 
Superintendent.

    Dated: February 10, 2012.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-3950 Filed 2-17-12; 8:45 am]
BILLING CODE 4310-WV-P