Refuge-Specific Regulations; Public Use; Kenai National Wildlife Refuge, 27030-27048 [2016-10288]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Rules and Regulations]
[Pages 27030-27048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10288]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 36

[Docket No. FWS-R7-NWRS-2014-0003; FF07RKNA00 FXRS12610700000 167]
RIN 1018-AX56


Refuge-Specific Regulations; Public Use; Kenai 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 amending 
the regulations for Kenai National Wildlife Refuge (Kenai NWR or 
Refuge) that govern existing general public use and recreation. These 
changes will implement management direction and decisions from our June 
2010 Kenai NWR revised comprehensive conservation plan and June 2007 
Skilak Wildlife Recreation Area final revised management plan. The 
amendments to the regulations are designed to enhance natural resource 
protection, public use activities, and public safety on the Refuge; are 
necessary to ensure the compatibility of public use activities with the 
Refuge's purposes and the Refuge System's purposes; and ensure 
consistency with management policies and approved Refuge management 
plans.

DATES: This rule is effective June 6, 2016.

FOR FURTHER INFORMATION CONTACT: Andy Loranger, Refuge Manager, Kenai 
NWR, P.O. Box 2139, Ski Hill Rd., Soldotna, AK 99669; telephone: 907-
262-7021; facsimile 907-262-3599. If you use a telecommunications 
device for the deaf (TDD), call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    President Franklin D. Roosevelt established the Kenai National 
Moose Range (Moose Range) on December 16, 1941, for the purpose of 
``protecting the natural breeding and feeding range of the giant Kenai 
moose on the Kenai Peninsula, Alaska, which in this area presents a 
unique wildlife feature and an unusual opportunity for the study in its 
natural environment of the practical management of a big game species 
that has considerable local economic value'' (Executive Order 8979; see 
6 FR 6471, December 18, 1941).
    Section 303(4) of the Alaska National Interest Lands Conservation 
Act of 1980 (ANILCA) (16 U.S.C. 3101 et seq.) substantially affected 
the Moose Range by modifying its boundaries and broadening its purposes 
from moose conservation to protection and conservation of a broad array 
of fish, wildlife, habitats, and other resources, and to providing 
educational and recreational opportunities. ANILCA also redesignated 
the Moose Range as the Kenai National Wildlife Refuge (NWR or Refuge) 
and increased the size of the Refuge to 1.92 million acres, of which 
approximately two-thirds were designated as Wilderness and made part of 
the National Wilderness Preservation System.
    ANILCA sets out additional purposes for each refuge in Alaska; the 
purposes of Kenai NWR are set forth in section 303(4)(B) of ANILCA. The 
purposes identify some of the reasons why Congress established the 
Refuge and set the management priorities for the Refuge. The purposes 
are as follows:
    (1) To conserve fish and wildlife populations and habitats in their 
natural diversity including, but not limited to, moose, bears, mountain 
goats, Dall sheep, wolves and other furbearers, salmonoids and other 
fish, waterfowl and other migratory and nonmigratory birds;
    (2) To fulfill the international treaty obligations of the United 
States with respect to fish and wildlife and their habitats;
    (3) To ensure, to the maximum extent practicable and in a manner 
consistent with the purposes set forth in (1), above, water quality and 
necessary water quantity within the Refuge;
    (4) To provide, in a manner consistent with (1) and (2), above, 
opportunities for scientific research, interpretation, environmental 
education, and land management training; and
    (5) To provide, in a manner compatible with these purposes, 
opportunities for fish and wildlife-oriented recreation.
    The Wilderness Act of 1964 (16 U.S.C. 1131-1136) provides the 
following purposes for wilderness areas, including the Kenai wilderness 
area:

[[Page 27031]]

    (1) To secure an enduring resource of wilderness;
    (2) To protect and preserve the wilderness character of areas 
within the National Wilderness Preservation System; and
    (3) To administer the areas for the use and enjoyment of the 
American people in a way that will leave the areas unimpaired for 
future use and enjoyment as wilderness.
    Under our regulations implementing ANILCA in title 50 of the Code 
of Federal Regulations at part 36 (50 CFR part 36), all refuge lands in 
Alaska are open to public recreational activities as long as such 
activities are conducted in a manner compatible with the purposes for 
which the refuge was established (50 CFR 36.31). Such recreational 
activities include, but are not limited to, sightseeing, nature 
observation and photography, hunting, fishing, boating, camping, 
hiking, picnicking, and other related activities (50 CFR 36.31(a)).
    The National Wildlife Refuge Administration Act of 1966 (16 U.S.C. 
668dd-668ee), as amended by the National Wildlife Refuge System 
Improvement Act of 1997, defines ``wildlife-dependent recreation'' and 
``wildlife-dependent recreational use'' as ``hunting, fishing, wildlife 
observation and photography, or environmental education and 
interpretation'' (16 U.S.C. 668ee(2)). We encourage these uses, and 
they receive emphasis in management of the public use on national 
wildlife refuges. All six of these priority uses have been determined 
to be compatible on the Refuge, subject to adherence to applicable 
State and Federal regulations.
    Section 304(g) of ANILCA requires the Service to prepare refuge 
comprehensive conservation plans (CCPs) for all refuges in Alaska. The 
Service completed its first comprehensive management plan for the Kenai 
NWR in 1985, and a revised CCP was finalized and approved in 2010. 
These plans include management direction and specific actions related 
to administration of public uses on the Refuge. The refuge-specific 
public use regulations for Kenai NWR are set forth at 50 CFR 36.39(i). 
These regulations include provisions concerning the operation of 
aircraft, motorboats, off-road vehicles, and snowmobiles; hunting and 
trapping; camping; timber removal; personal property; use of non-
motorized wheeled vehicles; canoeing; and area closures on the Refuge.

Proposed Rule

    On May 21, 2015, we published a proposed rule (80 FR 29277) to 
amend the Refuge's public use regulations. We accepted public comments 
on the proposed rule for 60 days, ending July 20, 2015. We also held 
two public hearings on the proposed rule, one on June 17, 2015, in 
Soldotna, Alaska, and one on June 18, 2015, in Anchorage, Alaska.
    We developed the changes to existing Refuge public use regulations 
included in our May 21, 2015, proposed rule to meet our legal mandates; 
to ensure consistency with policy, directives, and approved management 
plans, including implementing management direction and/or specific 
actions in our 2010 revised Kenai NWR CCP and 2007 Skilak Wildlife 
Recreation Area (WRA) final revised management plan; and to ensure 
public safety. The proposed changes included: (1) Amending regulations 
affecting use of aircraft, motorboats, motorized vehicles, and 
snowmobiles in order to enhance resource protection and public use 
opportunities; (2) codifying restrictions on hunting and trapping 
within the Skilak WRA recently established (in 2013) in accordance with 
procedures set forth at 50 CFR 36.42 (public participation and closure 
procedures) and implementing our 2007 Skilak WRA final revised 
management plan; (3) expanding a prohibition on the discharge of 
firearms to include areas of intensive public use along the Russian and 
Kenai rivers in order to enhance public safety; (4) clarifying the 
intent of existing regulations that require a special use permit for 
hunting black bears over bait by specifying that only the take of black 
bears is authorized under this requirement; (5) amending regulations 
associated with camping, use of public use cabins and public use 
facilities, unattended equipment, livestock (including pack animals), 
and public gatherings to enhance resource protection and public use 
opportunities; (6) establishing permanent regulations for managing 
wildlife attractants in the Russian River Special Management Area to 
reduce potential for negative human-bear interactions, thereby 
enhancing public safety and resource protection; (7) establishing 
regulations allowing for noncommercial gathering of natural resources, 
including collection of edible wild foods and shed antlers; and (8) 
codifying existing restrictions on certain uses within areas of the 
Refuge under conservation easements and easements made under section 
17(b) of the Alaska Native Claims Settlement Act (ANCSA) (43 U.S.C. 
1601 et seq.; see 43 U.S.C. 1616(b)).

Response to Public Comments

    We received 28 written comments on the May 21, 2015, proposed rule 
during the comment period, and four individuals and representatives of 
two organizations provided oral testimony at the public hearings. We 
reviewed and considered all substantive information we received during 
the comment period. In this final rule, we incorporate changes to the 
proposed rule as outlined in our responses below. As comments were 
often similar or covered multiple topics, we have grouped comments and 
responses by topic areas, which generally correspond to specific 
sections of the proposed Refuge public use regulations in the May 21, 
2015, proposed rule.

Aircraft--50 CFR 36.39(i)(1)

    (1) Comment: Some commenters expressed support for the changes to 
Refuge regulations opening additional areas of the Refuge for airplane 
use (Chickaloon Flats, lake in Kenai Wilderness) citing the benefits of 
expanded access to users; some commenters expressed opposition to these 
changes citing impacts to the quality of experience for users accessing 
wilderness areas using non-motorized means. Some commenters stated that 
the additional lake being opened in the Kenai Wilderness for hunters 
drawing Alaska Department of Fish and Game hunt permits should be open 
to all users. Some commenters expressed opposition to continued 
closures to airplane use on the Refuge under existing regulations, 
stating that they unnecessarily restricted access for hunters, and/or 
recommended that the Service expand areas of the Refuge open for 
aircraft use beyond that proposed to increase access opportunities. 
Some commenters inquired about the status of the Service's commitment 
to evaluate effects of the regulations that restrict airplane access to 
lakes otherwise open based on the presence of nesting or brood-rearing 
trumpeter swans. One commenter requested that a legal description be 
included for the expanded area open to airplane use on the Chickaloon 
Flats.
    Our Response: The changes to the Refuge aircraft regulations in 
this rule implement decisions from the Refuge's 2010 CCP and the record 
of decision (ROD) for its accompanying environmental impact statement. 
Regulations governing use of aircraft on the Refuge are in place to 
protect refuge resources, consistent with meeting Refuge purposes 
including the conservation of fish and wildlife

[[Page 27032]]

populations in their natural diversity and its Wilderness purposes.
    Consistent with its commitment in the ROD, the Service will 
complete an analysis of trumpeter swan use of Refuge wetlands and 
evaluate its effect on airplane access under the regulations. Any 
further changes to Refuge aircraft regulations would be the subject of 
a future rulemaking.
    We added a legal description of the expanded area open to airplane 
use in the Chickaloon Flats to this final rule.

Motorboats--50 CFR 36.39(i)(2)

    (2) Comment: Some commenters expressed support for changes to 
Refuge regulations establishing boat and motor restrictions for 
sections of the Kenai River and Skilak Lake within the Refuge. Some 
commenters requested that the Service reconsider the proposed 10 
horsepower motor restriction for boat motors in selected Refuge lakes; 
one commenter supported this change.
    Our Response: We proposed regulations establishing boat and motor 
restrictions for sections of the Kenai River and Skilak Lake within the 
Refuge to protect refuge resources and to enhance consistency with 
existing State regulations for the Kenai River Special Management Area. 
We re-evaluated the need for a restriction in the proposed rule 
limiting boat motors to 10 horsepower or less in selected lakes. We 
will continue to rely on the existing ``no wake'' requirement in these 
lakes to minimize disturbance to wildlife and impacts to non-motorized 
boaters. We do not include the maximum horsepower requirement for the 
identified lakes in this final rule.

Off-road Vehicles--50 CFR 36.39(i)(3)

    (3) Comment: One commenter requested that the Service consider 
allowing the use of off-road vehicles for ice fishing access during 
periods of adequate snow/ice cover. One commenter expressed support for 
clarifying where use of 4-wheel-drive vehicles is allowed on the 
Refuge. One commenter expressed opposition to the addition of jet skis 
and other personal watercraft to the list of prohibited watercraft; one 
commenter supported this change.
    Our Response: Under the regulations, off-road vehicle use is 
prohibited on the Refuge. This prohibition is in place to prevent 
disturbance to wildlife and habitat degradation. The Service does not 
consider an exception to this prohibition for ice fishing to be 
warranted, as adequate motorized access, through use of highway 
vehicles and snowmobiles on identified lakes, is already provided for 
ice fishing under the regulations. The regulations prohibit operation 
of motorized watercraft with the exception of motorboats; specifying 
that jet skis and other personal watercraft are among prohibited 
watercraft adds clarity for the public. We did not make any changes to 
the rule in response to these comments.

Snowmobiles--50 CFR 36.39(i)(4)

    (4) Comment: One commenter expressed support for increasing the 
allowable width of snowmobiles from 46 to 48 inches, and questioned why 
Watson Lake was not included in the list of lakes that allow use of 
snowmobiles for ice fishing when such use is allowed on other lakes 
where highway vehicles are allowed for the same purpose. A commenter 
requested clarification on the need for a Refuge-specific prohibition 
on use of snowmobiles to pursue, chase, or herd wildlife, stating that 
this change was redundant with existing Federal regulations. Some 
commenters supported the snowmobile regulations as proposed.
    Our Response: Under the regulations, use of snowmobiles for ice 
fishing is allowed on the same lakes within the Skilak WRA that are 
open to highway vehicle use for ice fishing. Identifying specific lakes 
as open to snowmobile use for ice fishing is necessary within the 
Skilak WRA because this is an area of the Refuge that is otherwise 
closed to snowmobile use. Watson Lake lies within an area of the Refuge 
that is open to general snowmobile use when the Refuge has been opened 
to such use (based on a determination that adequate snow cover exists 
between the dates of December 1 and April 30), which in most years 
negates the need to include it in the list of lakes open to snowmobile 
use to provide access for ice fishing. On the rare occasions that the 
Refuge remains closed to snowmobiles because of inadequate snow cover 
but vehicular use of Watson Lake for ice fishing is possible, the 
Service can consider implementing a temporary opening to allow use of 
snowmobiles on Watson Lake for ice fishing.
    In this final rule, we specify that snowmobile operation is 
prohibited to ``herd, harass, haze, pursue, or drive wildlife'' in 
order to clarify to the Refuge-specific regulations, which, before the 
effective date of this final rule (see DATES), simply prohibit 
``harassment of wildlife'' using snowmobiles (50 CFR 
36.39(i)(4)(viii)). The Service believes adding specificity and clarity 
to these regulations benefits the public and will lead to more 
effective resource protection on the Refuge, and that this change in 
regulatory language is warranted.
    We did not make any changes to the rule in response to these 
comments.

Hunting and Trapping--50 CFR 36.39(i)(5) and 36.39(i)(6)

    (5) Comment: Some commenters stated that the Service's amendment of 
the Refuge public use regulations governing hunting and trapping, 
specifically those related to firearms discharge and hunting brown 
bears over bait, were not adequately vetted through a public process 
and were not adequately justified in the proposed rule, and therefore 
did not meet requirements under ANILCA for implementing Federal 
regulations for establishing closures and/or the requirements of the 
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). Some 
commenters stated that the public could not meaningfully comment 
because of the lack of justification in the proposed rule. One 
commenter stated that the Service's proposed amendments to the Refuge 
public use regulations governing hunting and trapping are outdated and 
that the Service has not adequately complied with NEPA for its 
rulemaking by failing to analyze the direct, indirect and cumulative 
impacts of hunting and trapping carnivores on the Refuge.
    Our Response: Federal regulations implementing ANILCA at 50 CFR 
36.42(b) provide that in making a determination to close an area or 
restrict an activity, the Refuge Manager will be guided by several 
factors, including public health and safety, resource protection, and 
other management considerations necessary to ensure an activity or area 
is being managed in a manner compatible with the purposes for which the 
Refuge was established. As we stated in the May 21, 2015, proposed rule 
(80 FR 29277), we proposed changes to the Refuge public use regulations 
(including amending regulations specific to hunting and trapping) to 
ensure management of public use in a manner such that these activities 
remain compatible with Kenai NWR's establishment purposes and the 
Refuge System mission; to ensure consistency with Service policy, 
directives, and approved management plans; to minimize conflicts 
between authorized users of the Refuge; and to protect public safety.
    Federal regulations at 50 CFR 36.42(e) require that permanent 
closures or restrictions on national wildlife refuges in Alaska shall 
be made only after notice and public hearings in the affected vicinity 
and other locations as appropriate, and after publication in the

[[Page 27033]]

Federal Register. The Service complied with this requirement. We 
published our proposed rule to amend the Refuge's public use 
regulations, including amending Refuge regulations for hunting and 
trapping, in the Federal Register on May 21, 2015. We provided a 60-day 
public comment period, ending July 20, 2015, on the proposed rule, and 
we held public hearings in Soldotna (June 17, 2015) and Anchorage (June 
18, 2015), Alaska, on the proposed rule.
    The Service analyzed its proposed rule amending the Refuge's public 
use regulations, including proposed changes to hunting and trapping 
regulations, in accordance with the criteria of NEPA and Department of 
the Interior policy in part 516 of the Departmental Manual (516 DM). We 
determined that the rule is considered a categorical exclusion under 
516 DM 8.5(C)(3), which categorically excludes the ``issuance of 
special regulations for public use of Service-managed land, which 
maintain essentially the permitted level of use and do not continue a 
level of use that has resulted in adverse environmental impacts.'' This 
rulemaking will result in small incremental changes in public use of 
the Refuge, both increasing and decreasing use, but overall will 
maintain permitted levels of use and will not continue a level of use 
that has resulted in adverse environmental impacts.
    This rulemaking supports implementing the Service's management 
direction identified through approved Refuge management plans, 
including the 2010 Kenai NWR revised CCP and the 2007 Kenai NWR Skilak 
WRA revised final management plan. Specific to hunting and trapping on 
the Refuge, the Service completed compatibility determinations in 2007, 
for hunting, hunting of black bears using bait, and trapping concurrent 
with development of the Refuge's 2010 revised CCP, which was 
accompanied by an environmental impact statement. These activities were 
determined to be compatible, subject to stipulations required to ensure 
compatibility that includes adherence to pertinent State and Federal 
regulations. The Service addressed hunting and trapping in the Skilak 
WRA in its 2007 Skilak WRA final revised management plan and its 
accompanying environmental assessment.
    The Service is adopting the proposed regulations, as amended in 
this final rule (see Table: Summary of Changes From Proposed Rule, 
below), for the Refuge, specific to hunting and trapping, to meet its 
legal mandates; to ensure consistency with policy, directives, and 
approved management plans; and to ensure public safety. We did not make 
any changes to the rule in response to these comments.
    (6) Comment: Some commenters stated that the changes to Refuge 
regulations governing hunting and trapping in the proposed rule, 
specifically those related to firearms discharge along the Russian and 
Kenai Rivers, use of bait for hunting brown bears, and/or hunting and 
trapping in the Skilak WRA, are not necessary to meet the Service's 
legal mandates for the Refuge, are counterproductive to meeting the 
Refuge's original establishment purpose as the Kenai National Moose 
Range, conflict with provisions of the ANILCA and the National Wildlife 
Refuge Administration Act, are an unjustified and unnecessary 
preemption of State of Alaska management of wildlife, and/or are 
inconsistent with provisions of the 1982 Master Memorandum of 
Understanding (MMOU) between the Service and the Alaska Department of 
Fish and Game.
    Our Response: The National Wildlife Refuge System Administration 
Act of 1966, as amended (16 U.S.C. 668dd-668ee) recognizes six 
wildlife-dependent recreational uses as priority public uses of the 
Refuge System: hunting, fishing, wildlife observation and photography, 
and environmental education and interpretation. These uses are 
legitimate and appropriate public uses where compatible with the Refuge 
System mission and individual refuge purposes, and are to receive 
enhanced consideration over other uses in planning and management. All 
six of the priority public uses have been determined compatible and are 
authorized on the Refuge.
    The Service considers our regulations governing hunting and 
trapping on the Refuge necessary to meeting our mandates under ANILCA 
to conserve healthy populations of wildlife in their natural diversity 
on the Refuge, to meet its Wilderness purposes, and to meet its purpose 
for providing compatible wildlife-oriented recreational opportunities, 
which include both consumptive and non-consumptive activities.
    By law (National Wildlife Refuge System Administration Act of 1966, 
as amended; Alaska National Interest Lands Conservation Act of 1980), 
regulations (43 CFR part 24), and policy (the Service Manual at 605 FW 
1 and 605 FW 2), the Service must, to the extent practicable, ensure 
that refuge regulations permitting hunting and fishing are consistent 
with State laws, regulations, and management plans. In recognition of 
the above, non-conflicting State general hunting and trapping 
regulations are usually adopted on refuges. Hunting and trapping, 
however, remain subject to legal mandates, regulations, and management 
policies pertinent to the administration and management of refuges.
    Under the 1982 MMOU between the Service and the Alaska Department 
of Fish and Game, it is recognized that taking of fish and wildlife by 
hunting, trapping, or fishing on Service lands in Alaska is authorized 
under applicable State and Federal law unless State regulations are 
found to be incompatible with documented refuge goals, objectives, or 
management plans. The MMOU commits the Service to utilize the State's 
regulatory process to the maximum extent allowed by Federal law in 
developing new or modifying existing Federal regulations or proposing 
changes in existing State regulations governing or affecting the taking 
of fish and wildlife on Service lands in Alaska. The MMOU also 
recognizes that the Service's responsibility for regulating human use 
on the Refuge.
    The Service coordinated with the Alaska Department of Fish and Game 
in development of the Refuge's 2010 CCP and 2007 Skilak WRA final 
revised management plan, and during the development of the proposed and 
this final rule. The Service continues to actively participate in the 
State's regulatory process with the Alaska Board of Game on issues 
related to hunting and trapping on the Refuge, including recent 
coordination on hunting brown bears over bait and hunting in the Skilak 
WRA, both of which are subjects of this rulemaking. The Service remains 
committed to working with the State of Alaska and using State 
regulatory processes, consistent with the MMOU. We did not make any 
changes to the rule in response to these comments.

Hunting and Trapping, Discharge of Firearms--50 CFR 36.39(i)(5)(i)

    (7) Comment: Some commenters expressed opposition to the proposed 
firearms discharge restriction within \1/4\ mile of the shorelines of 
the Kenai River and Russian River within the Refuge, citing one or more 
of the following:
     Discharge of firearms does not create public safety issues 
because very little hunting occurs in the area or because public use 
levels for fishing drastically fall as freeze-up approaches in late 
September; and
     There is no biological basis for, or data or scientific 
need justifying, the closure. Some commenters expressed support for the 
Service's proposed firearms discharge prohibition along the

[[Page 27034]]

Kenai and Russian rivers, citing its benefits to protection of public 
safety.
    Our Response: Federal regulations at 50 CFR 36.42(b) provide that 
in making a determination to close an area or restrict an activity, the 
Refuge Manager shall be guided by several factors, including public 
health and safety. Specifically to address public safety issues, the 
regulations currently prohibit firearms discharge on the Refuge as 
follows: Firearms may not be discharged within \1/4\ mile of designated 
public campgrounds, trailheads, waysides, buildings or the Sterling 
Highway from the east Refuge boundary to east junction of the Skilak 
Loop Road (50 CFR 36.39(i)(5)(i)).
    As stated in the May 21, 2015, proposed rule, we proposed the 
firearms discharge prohibition on lands within \1/4\ mile of the Kenai 
River shoreline upstream and downstream of Skilak Lake and the Russian 
River shoreline from its confluence with the Kenai River upstream to 
the Russian River Falls, with exceptions for the use of shotguns for 
waterfowl and small game hunting and firearms used while lawfully 
trapping, specifically to enhance public safety along these intensively 
used river corridors.
    Field observations by Refuge staff and interactions with users and 
permitted fishing guides and outfitters have documented steadily 
increasing levels of public use, primarily for fishing but also for 
river floating (Kenai River only), and associated activities such as 
hiking and wildlife viewing, on and along the upper Kenai and Russian 
rivers within the Refuge, and that the timing of relatively heavy use 
for these activities now includes fall and spring months during ice-
free periods. Highest periods of use in fall and spring for fishing 
occur from September through mid-October and late March through April, 
respectively. River floating on the upper Kenai River begins in May and 
extends through October, with highest use levels occurring from June 
through September. Similarly, high levels of public use occur in the 
middle Kenai River below Skilak Lake within the Refuge during fall and 
spring, primarily for fishing. Much of the increased use of both the 
Kenai and Russian rivers during fall and spring months can be 
attributed to the increasing popularity of their rainbow trout 
fisheries.
    Publicly available study reports corroborate these observations. 
For example, a recent recreation study of the Kenai River completed in 
2010, by Drs. Douglas Whittaker and Bo Shelby for the Alaska Department 
of Natural Resources, Division of State Parks and Recreation (Kenai 
River Recreation Study, Major Findings and Implications, 2010), 
reported that perceived crowding on the Upper Kenai River (between 
Sportsman's Landing and Jim's Landing) in September (when the primary 
fish targeted are rainbow trout, Dolly Varden, and silver salmon) is as 
high as for some salmon fisheries occurring during the summer months.
    Recent takes of brown bears along the Russian and Kenai rivers 
during the falls of 2013 and 2014 posed threats to public safety, as 
bears were shot in close proximity to other users fishing from shore, 
wading, or boating, and firearms and ammunition with substantial lethal 
distances were used in areas where sight distances are extremely 
limited due to vegetation and river meanders. These takes occurred on, 
along, or immediately adjacent to river shorelines and within the \1/
4\-mile buffer distance established by this rule. In addition, 
discharge of firearms to ``warn'' or deter bears presents a growing 
threat to public safety along the Russian and Kenai rivers.
    Recently enacted changes to State hunting regulations for brown 
bears on the Kenai Peninsula have increased the potential for firearms 
discharge to result in threats to public safety in these areas. Current 
brown bear hunting season dates of September 1 to May 31 substantially 
overlap with periods of high public use along the Russian and Kenai 
rivers during fall and spring (in the 7 years prior to 2008, brown bear 
hunting season dates were October 15 to October 30).
    The Service considers adoption of this rule necessary to reduce 
threats to public safety posed by discharge of firearms along the 
Russian and Kenai rivers during periods of high visitation for 
activities including fishing, river floating, hiking, and wildlife 
observation. We did not make any changes to the rule in response to 
these comments.
    (8) Comment: Some commenters stated that the closure affects the 
taking of wildlife on Service lands, and consistent with the MMOU 
between the Service and the Alaska Department of Fish and Game, should 
be first submitted by the Service to the Alaska Board of Game under the 
State regulatory process for consideration. Some commenters stated that 
the area affected by the proposed firearms discharge prohibition is a 
traditional moose and bear hunting area and the rule will negatively 
impact these users.
    Our Response: The Service proposed the amendments to the 
regulations to enhance public safety along the Kenai and Russian rivers 
during periods of intensive public use. The rule is not intended to 
affect taking of wildlife on the Refuge, and will have negligible 
impacts on hunting opportunity and harvest levels for the reasons noted 
below.
    This rule allows for continued use of shotguns for waterfowl and 
small game hunting, and use of firearms while lawfully trapping, along 
the Kenai and Russian rivers. Waterfowl hunting along the Kenai River 
currently accounts for the vast majority of hunting activity in the 
affected area, as it has historically. This rule will have negligible 
impacts on overall hunting opportunity and harvest levels of black 
bears, brown bears, and moose on the Refuge, as most hunting activity 
for these species occurs outside of these river corridors. This rule 
expands the restriction on discharge of firearms on the Refuge by just 
under 4,000 acres, or approximately 0.2 per cent of lands in the Refuge 
currently open to hunting of moose, black bear, and brown bear 
(totaling over 1.9 million acres). In addition, reasonable 
opportunities to hunt these species with firearms in the vicinity of 
the Russian and Kenai rivers for those wishing to do so will continue 
to be available outside of the \1/4\-mile river corridors established 
by this rule.
    The MMOU recognizes that the Service has responsibility for 
regulating human use on refuges in Alaska. Protection of public safety 
is a critically important responsibility of the Service in managing 
public use on refuge lands, and the Service deems this rule necessary 
to enhance public safety on and along these intensively used rivers. 
The Service remains committed to the terms of the MMOU and will 
continue to coordinate with the Alaska Board of Game and Alaska 
Department of Fish and Game on proposals whose intent is to affect the 
take of fish and wildlife on Service lands. We did not make any changes 
to the rule in response to these comments.
    (9) Comment: Some commenters stated that the Service proposed 
firearms discharge prohibition is not consistent, or does not enhance 
consistency, with State regulations on firearms discharge with the 
Kenai River Special Management Area (KRSMA) because it extends beyond 
KRSMA boundaries, is not date specific, and/or because the State's 
KRSMA regulations are contingent on the location of developed 
facilities or dwellings and do not apply to the entire length of the 
Kenai and Russian rivers. Some commenters requested that the Service 
consider less restrictive regulations for the discharge of firearms 
around buildings such as public use cabins in remote areas that are 
only accessible via

[[Page 27035]]

boat, snowmobile, or float plane because firearm discharge closer to 
the cabin does not pose a safety concern.
    Our Response: While applying to lands and waters within the Refuge 
and outside of the KRSMA, this rule (including the clarification that 
the prohibition around buildings includes Refuge public use cabins) is 
consistent with, and complements, State firearms regulations for the 
KRSMA. State regulations (11 Alaska Administrative Code (AAC) 20.850) 
allow the use and discharge of a weapon for the purpose of lawful 
hunting or trapping in the KRSMA only on Skilak Lake and Kenai Lake, 
except that shotguns may be discharged below Skilak Lake for purpose of 
lawful hunting or trapping, from September 1 to April 30 annually. In 
addition, the discharge of any firearm within the KRSMA is prohibited 
within \1/2\ mile of a developed facility or dwelling, except that 
discharge of a shotgun using steel shot no larger than size T is 
allowed at a distance of no less than \1/4\ mile from a developed 
facility or dwelling.
    Consistent with State regulations, the Service's proposed firearms 
discharge prohibition along the Kenai and Russian rivers does not apply 
to firearms discharge on or along Skilak Lake. With very few, if any, 
exceptions, shotguns are used within the KRSMA to hunt waterfowl. 
Similarly, our regulations allow the use of shotguns for waterfowl 
hunting (and small game hunting), and allow use of any firearm while 
lawfully trapping, within the area of the Refuge to which the 
regulations apply. Allowances for these activities under our proposed 
rule, and in this final rule, span the season dates (September 1 to 
April 30) specified in the State regulations, negating a need to 
specify season dates.
    The Service's firearms discharge prohibition along the Russian 
River is also consistent with and complements U.S. Forest Service 
regulations restricting use of weapons in the vicinity of recreational 
facilities, and which apply to an adjoining area of similar size, in 
the Chugach National Forest from the Russian River's confluence with 
the Kenai River upstream to the Russian River Falls (36 CFR 261.10(d)). 
In 2015, the U.S. Forest Service expanded the weapons discharge 
prohibition in this area to address public safety concerns associated 
with use of weapons for bear hunting along the Russian River during 
periods of high public use (36 CFR 261.53(e)).
    The prohibition on discharge of firearms within \1/4\ mile of 
buildings in the current regulations (50 CFR 36.39(i)(5)(i)) is meant 
to ensure public safety around buildings used by the public or 
administratively by Service personnel, and is unrelated to the 
building's location or the means of transportation used by the public 
to travel to the building.
    Similar to the basis for the Service's regulations, enhancing 
public safety was the basis for promulgation of State and Federal 
regulations restricting use of weapons on and/or along the Kenai and 
Russian rivers adjacent to the Refuge. We did not make any changes to 
the rule in response to these comments.
    (10) Comment: Some commenters stated that the Service's proposed 
rule is contradictory or does not adequately explain why discharging 
firearms for waterfowl and small game hunting or use of archery 
equipment does not pose a safety hazard when the use of firearms to 
take big game does, and that by omission, it appears the Service may be 
using public safety as justification to preclude a particular form of 
hunting.
    Our Response: While restricting the use of firearms, this rule 
allows for continued use of shotguns for waterfowl and small game 
hunting and use of firearms to dispatch animals while lawfully 
trapping. Waterfowl hunting is currently and has historically been the 
primary hunting activity conducted in the affected area, and it occurs 
primarily along the Kenai River below Skilak Lake. The use of shotguns 
in the areas traditionally used for waterfowl (and small game hunting) 
along the Kenai River poses minimal public safety concerns because of 
the locations and manner in which these activities are conducted and 
due to the more limited travel distances of shotgun ammunition used for 
waterfowl and small game hunting. Trapping seasons do not overlap with 
periods of high visitation, as the river corridors receive 
substantially less public use during winter. The Service therefore does 
not consider prohibitions on firearms discharge for these activities to 
be warranted. The Service also believes that use of archery equipment 
poses negligible risks to public safety in the affected area. We did 
not make any changes to the rule in response to these comments.
    (11) Comment: Some commenters expressed concern that the firearms 
discharge prohibition along the Kenai and Russian rivers would preclude 
use of firearms for personal protection, and suggested modification to 
allow for such use.
    Our Response: Neither the Service's current regulations nor this 
rule prohibiting firearms discharge in certain areas of the Refuge 
preclude the possession and/or use of firearms to take game in defense 
of life and property as defined under State law (5 AAC 92.410). We have 
amended this final rule to specifically state that the firearms 
discharge prohibition does not preclude the use of firearms to take 
game in defense of life and property as defined under State law.

Hunting and Trapping Over Bait--50 CFR 36.39(i)(5)(ii)

    (12) Comment: Some commenters stated that the Service has not 
provided adequate information or justification nor completed required 
administrative processes necessary to preempt a recently adopted State 
regulation that allows for take of brown bears at black bear bait 
stations; the Service also has not explained adequately how it used the 
State's regulatory process in a manner consistent with the Master 
Memorandum of Understanding between the Service and the Alaska 
Department of Fish and Game. A commenter noted this prohibition in the 
proposed rule is an unnecessary replication of an existing Refuge 
special use permit stipulation.
    Our Response: Federal regulations at 50 CFR 36.42(b) provide that 
in making a determination to close an area or restrict an activity, the 
Refuge Manager shall be guided by several factors, including public 
health and safety, resource protection, and other management 
considerations necessary to ensure an activity or area is being managed 
in a manner compatible with the purposes for which the Refuge was 
established.
    As stated in the May 21, 2015, proposed rule (80 FR 29277), current 
Refuge regulations (50 CFR 36.39(i)(5)(ii)) specify that hunting black 
bears over bait on the Refuge requires a special use permit (FWS Form 
3-1383-G). This requirement was promulgated in the 1980s (51 FR 32297) 
in recognition of issues associated with use of bait for hunting black 
bears on the Refuge, and the need to further regulate this method of 
take to ensure compatibility of this activity. The intent of this 
requirement has always been, and continues to be, to authorize the use 
of bait for the take of black bears only. This restriction is 
explicitly stated in the terms and conditions of the current Refuge 
special use permit issued for black bear baiting: ``Hunting over bait 
is prohibited on the Kenai National Wildlife Refuge, with the exception 
of hunting black bears as authorized under the terms and conditions of 
this Special Use Permit.''
    The Service considers the clarification concerning hunting over 
bait that we are

[[Page 27036]]

making in this final rule at 50 CFR 36.39(i)(5)(ii) necessary to 
meeting our mandates under ANILCA to conserve healthy populations of 
wildlife in their natural diversity on the Refuge, to meet the Refuge's 
Wilderness purposes, and to meet the Refuge's purpose for providing 
compatible wildlife-oriented recreational opportunities (both 
consumptive and non-consumptive). Specific to use of bait to take brown 
bears, the Service considers allowance of this method to be 
inconsistent with these mandates due to its potential to result in 
overharvest of this species, with accompanying population-level 
impacts, due to its high degree of effectiveness as a harvest method 
and the species' low reproductive potential. The Service also believes 
that baiting of brown bears has potential to modify bear behavior and 
increase human-bear conflicts, and that allowance of this method to 
take brown bears on the Refuge would result in increased baiting 
activity and pose an increased risk to public safety. These issues are 
further discussed in our response to Comment (13), below.
    In 2013, the Service formally communicated its regulatory 
requirement limiting hunting over bait to the take of black bears, and 
our intent to maintain this requirement, to the State of Alaska in 
advance of the Alaska Board of Game's adoption of a State regulation 
that allows take of brown bears at black bear bait stations on the 
Kenai Peninsula. In addition, the Service requested that Refuge lands 
be excluded should this State regulation be adopted.
    Codifying the Service's special use permit stipulation that 
prohibits hunting over bait with one exception for hunting of black 
bears provides additional notice to the public of this restriction, 
clarifies our longstanding intent to authorize only the take of black 
bears at permitted bait stations on the Refuge, and is consistent with 
meeting Refuge purposes under ANILCA. The Service deems this additional 
notice and clarification necessary in light of the Alaska Board of 
Game's 2013 adoption of a regulation allowing the take of brown bears 
at registered black bear baiting stations on the Kenai Peninsula. We 
did not make any changes to the rule in response to these comments.
    (13) Comment: Some commenters expressed opposition to prohibiting 
harvest of brown bears over bait, stating that it is not biologically 
justified because the Refuge brown bear population is higher than the 
Service believes it is, that baiting allows for selective harvest of 
bears, and that studies have shown that baiting does not result in 
food-conditioning of bears. Some commenters stated that baiting for 
bears (brown and black) can be conducted under recognized principles of 
sustained yield management; that adequate protections exist under State 
management, including reporting requirements and limiting harvest of 
female bears, to minimize the potential for overharvest; and that the 
sex composition of the recent brown bear harvest at bait stations on 
the Kenai Peninsula, which was predominantly male bears, further 
supported that hunting brown bears over bait was consistent with 
sustained yield management.
    Our Response: Allowance of take of brown bears at black bear 
baiting stations was one of several changes that substantially 
liberalized State regulations for sport hunting of brown bears on the 
Kenai Peninsula beginning in 2012. Harvest levels, and overall human-
caused mortalities, of brown bears increased substantially following 
the changes in State hunting regulations enacted in 2012 and 2013, with 
resulting impacts on the Kenai Peninsula's brown bear population. On 
average, 21 brown bear human-caused mortalities (hunting and 
nonhunting) occurred annually on the Kenai Peninsula from 1995 through 
2011. From 2012 to 2014, the annual average nearly tripled to 61 bears. 
Human-caused mortalities during this period totaled 184 brown bears, 
148 of which were taken by hunters. Human-caused mortalities in 2013 
(71) and 2014 (69) were over 6 times the 50-year annual average of 11 
brown bears killed from 1961 through 2011.
    The Kenai brown bear population was estimated in 2010 through a 
joint field study conducted by the Refuge and U.S. Forest Service. This 
DNA-based mark-recapture study generated a Kenai Peninsula-wide brown 
bear population estimate of 582 bears (95 percent lognormal confidence 
interval of 479 to 719 bears). This study and its results were peer-
reviewed and recently published in the Journal of Wildlife Management 
(Morton et al. 2016). The Service considers this to be the best 
available scientific estimate of this population.
    Population modeling by the Service (using the model Vortex 9.9) 
suggested that known human-caused mortality of Kenai Peninsula brown 
bears from 2012 to 2014, following changes in State brown bear hunting 
regulations, reversed the previous increasing trajectory of the brown 
bear population and resulted in a decline of approximately 18 percent 
(a modeled decline from the 2010 population estimate of 582 bears to 
478 bears).
    In 1998, due to concerns about population status, habitat loss and 
increasing levels of human-caused mortality, the Alaska Department of 
Fish and Game classified the Kenai brown bear population as a 
``population of special concern.'' Using the 2010 population estimate 
and brown bear demographic data obtained from ongoing telemetry 
studies, modeling (Vortex 9.9) also suggested that similar levels of 
human-caused mortality of brown bears documented from 2012-2014 
(primarily resulting from sport hunting) would continue to reduce the 
brown bear population to levels similar to those which in the recent 
past posed conservation concerns. The Service deemed this rapid 
reduction of the Kenai Peninsula brown bear population, along with the 
potential for continued decline, to be inconsistent with meeting its 
legal mandates to conserve healthy wildlife populations (including 
brown bears) in their natural diversity on the Refuge, to provide for 
wildlife-oriented recreational opportunities that include both 
consumptive and non-consumptive activities, and to meet the Refuge's 
Wilderness purposes; therefore, the Service implemented closures to 
brown bear sport hunting on the Refuge in 2013 and 2014. Additional 
information regarding the Service's recent management of sport hunting 
of brown bears on the Refuge, which also provides greater detail on 
Kenai brown bear management history, population status and dynamics, 
and modeling results, is available as part of the rulemaking 
administrative record, available at Kenai National Wildlife Refuge.
    Annual harvests of brown bears in 2013 and 2014 in Game Management 
Unit (GMU) 7 on the Kenai Peninsula demonstrate the increased 
effectiveness of hunting this species over bait. According to Alaska 
Department of Fish and Game harvest statistics, the 2013 harvest of 
brown bears in GMU 7 prior to baiting being legalized was 12 bears 
during a 198-day season. In 2014, harvest during a 189-day season was 
38 brown bears, of which 28 (77 percent) were harvested over bait. 
Since becoming legal for the first time in spring 2014, harvest of 
brown bears at bait stations has accounted for the majority of brown 
bear harvest on the Kenai Peninsula. In 2014, 62 percent (40 of 65) of 
bears harvested were taken over bait. As of January 2016, preliminary 
2015 harvest statistics available from the Alaska Department of Fish 
and Game indicate that 89 percent (16 of 18) of bears taken in spring 
and

[[Page 27037]]

59 percent (16 of 27) of bears legally taken by sport hunters overall 
have been harvested over bait.
    Adherence to harvest caps for adult female bears and overall human-
caused mortality can help ensure sustainability of harvests. However, 
based on our modeling (using Vortex 9.9), human-caused mortality of 
brown bears at current harvest caps (maximums of 12 adult female bears 
and 60 bears overall), provided in formal direction to the Alaska 
Department of Fish and Game by the Alaska Board of Game in 2015, would 
result in a continued reduction of the Kenai brown bear population. 
Based on best available scientific information and population modeling 
using the Vortex 9.9 model, the Service believes that allowance of take 
of brown bears over bait on the Refuge would increase human-caused 
mortality of Kenai brown bears to levels which would continue to reduce 
the population, with potential to result in conservation concerns for 
this population. We also note that the sex and age composition of the 
brown bears harvested over bait on the Kenai Peninsula in 2014 and 2015 
represents a small and short term sample, and may not be representative 
of harvest composition over a longer period of time.
    The Service believes that a cautious approach to management of 
Kenai Peninsula brown bears is scientifically warranted due to several 
factors. The Service must consider these factors in ensuring that 
hunting is administered on the Refuge in a manner that ensures that the 
Service's legal mandates are met, and they underlie our decision to 
maintain existing regulations that restrict harvest over bait to take 
of black bears only. Black bears occur in much higher densities than 
brown bears on the Kenai Peninsula, have higher reproductive potential 
than brown bears, and as such can support higher harvest levels and are 
less susceptible to overharvest. Conversely, brown bears have one of 
the lowest reproductive potentials of any North American mammal, and at 
current densities, the Kenai brown bear population remains a relatively 
small population (Morton et al. 2016) that is highly sensitive to adult 
female and overall human-caused mortality levels. Genetics studies have 
determined that Kenai brown bears comprise an insular population 
(reported in the Canadian Journal of Zoology in 2008 by Jackson et 
al.), which means that immigration from mainland Alaska will not assist 
in sustaining the population, and that Kenai brown bears have very low 
haplotypic genetic diversity (Jackson et al. 2008), which has unknown 
but potentially important conservation implications. The Kenai brown 
bear population will continue to be strongly influenced by habitat loss 
and fragmentation and multiple potential sources of human-caused 
mortality as the human population continues to grow on the Kenai 
Peninsula and recreational use of public lands increases. Finally, 
timely and accurate monitoring of the status of the Kenai Peninsula 
brown bear population is extremely difficult at best, costs associated 
with monitoring are high, and funding for monitoring is usually limited 
and never guaranteed. This is important given that the increased 
effectiveness of harvesting brown bears over bait would likely mask the 
effects of reduced bear densities on harvest success, thereby 
increasing potential for overharvest in the absence of adequately 
rigorous population monitoring.
    Maintaining our existing limits on hunting over bait is also 
intended to minimize the potential for public safety issues associated 
with conditioning brown bears to human foods commonly used at bait 
stations. While baiting for black bears is currently allowed on the 
Refuge and has potential to create food-conditioned bears, we would 
expect increased baiting activity and increased potential for human-
bear conflicts if take of brown bears over bait were allowed. The 
number of permitted black bear baiting stations on the Kenai Peninsula 
increased from roughly 300 in years prior to, to just over 400 bait 
stations each year following (2014 and 2015), adoption of State 
regulations allowing harvest of brown bears over bait. It is well 
documented that food-conditioning of bears results in increased 
potential for negative human-bear encounters and increased risk to 
public safety (as reported by Herrero in 1985 in the book Bear attacks: 
their causes and avoidance, and by Herrero and Fleck in 1990 in Bears: 
Their Biology and Management, Volume 8, A Selection of Papers from the 
Eighth International Conference on Bear Research and Management). There 
is also an increased likelihood that food-conditioned bears would be 
killed by agency personnel or in defense of life or property. 
Consistent with Service policy on managing recreational uses in a 
manner that helps ensure public safety, the Service actively promotes 
food storage and other practices aimed specifically at reducing the 
potential for human-bear conflicts.
    We did not make any changes to the rule in response to these 
comments.
    (14) Comment: Some commenters expressed support for prohibiting 
take of brown bears at bait stations, citing one or more of the 
following:
     Legalization of this practice by the State in support of 
predator control is not appropriate on refuges;
     The practice is unethical and conflicts with principles of 
``fair chase'' hunting; and
     The practice poses a threat to public safety.
    Most of these commenters also noted that the Service should also 
prohibit baiting of black bears on the Refuge for the same reasons.
    Our Response: Codifying this prohibition as part of the Refuge's 
public use regulations provides additional notice to and clarification 
for the public of the Service's longstanding intent to authorize only 
the take of black bears at permitted bait stations on the Refuge. The 
Service last evaluated black bear baiting through a 2007 compatibility 
determination, and found the activity to be compatible. We did not make 
any changes to the rule in response to these comments.

Hunting and Trapping in Skilak Wildlife Recreation Area--50 CFR 
36.39(i)(6)

    (15) Comment: Some commenters expressed opposition to the Service's 
proposed hunting and trapping regulations for the Skilak WRA, citing 
one or more of the following:
     State-managed hunting and trapping in the Skilak WRA is 
compatible with Service public use objectives to provide opportunities 
for wildlife viewing in the area;
     The Service has not provided biological data demonstrating 
the need for the closures to meet these objectives;
     The closures are inconsistent with ANILCA and/or Service 
policy governing management of wildlife-dependent recreational uses 
because they inappropriately favor one compatible use (wildlife 
viewing) over another (hunting);
     The closures set a precedent that the Refuge would be the 
only National Wildlife Refuge in Alaska that has an area set aside for 
one user group;
     The closures violate ANILCA by creating a conservation 
area within an existing conservation unit;
     Limitations on wildlife viewing in the Skilak WRA were 
more dependent upon terrain, weather, season, time of day, and other 
factors than sustainable harvests of wildlife; and
     Hunting of predators is needed to balance wildlife 
populations, prevent the area's moose population from being overrun, 
and provide visitors with opportunities to enjoy a wider variety of 
wildlife.

[[Page 27038]]

    Some commenters expressed support for the Service's proposed 
hunting and trapping regulations for the Skilak WRA, citing one or more 
of the following:
     Managed as it currently is, the Skilak WRA is an extremely 
valuable public asset;
     The Skilak WRA is an outstanding opportunity for the 
Refuge to fulfill its wildlife viewing, photography, and environmental 
education and interpretation mandates on the Refuge, but only if 
harvest is restricted. Additional hunting in the Skilak WRA would 
degrade, undermine, and conflict with public opportunities for other 
recreation and education that have been provided for 30 years; and
     The proposed regulations are necessary to meet goals and 
objectives of approved refuge management plans and legal mandates to 
maintain healthy populations of wildlife on refuges.
    Our Response: The Skilak WRA is a 44,000-acre area of the Refuge 
that has, since 1985, been managed with a primary emphasis on providing 
the public enhanced opportunities for wildlife viewing, and 
environmental education and interpretation. The Service has worked 
extensively with the Alaska Department of Fish and Game and the Alaska 
Board of Game over the years in planning and implementing management 
direction, including management of hunting and trapping, in the Skilak 
WRA.
    In 1985, the Service released a record of decision for the Refuge's 
first comprehensive management plan. A directive of this plan was the 
establishment of a special area, the ``Skilak Loop Special Management 
Area,'' that would be managed to increase opportunities for wildlife 
viewing, and environmental education and interpretation. In December 
1986, the Service, working closely with the Alaska Department of Fish 
and Game, identified specific goals for providing wildlife viewing and 
interpretation opportunities, and hunting and trapping opportunities 
were restricted so that wildlife would become more abundant, less wary, 
and more easily observed. Regulatory proposals that prohibited 
trapping, allowed taking small game by archery only, and provided a 
moose hunt by special permit were developed and approved by the Alaska 
Board of Game in 1987. Hunting of all other species was prohibited. 
These State of Alaska regulations remained in effect until 2013, with 
modifications to allow for a youth-only firearm small game hunt in a 
portion of the area in 2007, and for the use of falconry to take small 
game in 2012.
    In 2005, the Alaska Board of Game adopted a proposal to allow 
firearms hunting of small game and fur animals (as practical matter in 
the area, fur animals would include lynx, coyote, beaver, red fox and 
squirrel), but subsequently put that State regulation on hold pending 
the Service's development of an updated management plan for the area. 
The Service initiated a public planning process with a series of public 
workshops in November 2005, and evaluated management alternatives 
through an environmental assessment, which was made available for 
public review and comment in November 2006.
    The Service released a finding of no significant impact, and the 
Kenai NWR Skilak WRA revised final management plan was released in June 
2007. This plan reaffirmed the overall management direction for the 
Skilak WRA as a special area to be managed primarily for enhanced 
opportunities for wildlife viewing and environmental education and 
interpretation, while allowing other non-conflicting wildlife-dependent 
recreational activities. The plan maintained longstanding restrictions 
on hunting (including hunting of fur animals) and a trapping closure, 
with the exception of adding a ``youth-only'' small game firearms hunt 
in the western portion of the area. In 2007, the Alaska Board of Game 
adopted State regulations maintaining the closures and restrictions, 
and opening the ``youth-only'' small game firearm hunt.
    Consistent with its 2007 Skilak WRA final revised management plan, 
the Service enacted a permanent closure restricting hunting and closing 
trapping in the Skilak WRA in November 2013 (see 78 FR 66061, November 
4, 2013), which mimicked State of Alaska hunting and trapping 
regulations for the area in effect prior to 2013. The Service 
implemented this current closure in response to action taken by the 
Alaska Board of Game in March 2013, which opened the Skilak WRA to 
taking of lynx, coyote, and wolf within the area under State hunting 
regulations. Under this new State regulation, which became effective 
July 1, 2013, taking of these species is allowed during open hunting 
seasons from November 10 to March 31. In advance of this action, the 
Service requested that the Alaska Board of Game not adopt the proposal 
establishing these regulations because it would be inconsistent with 
Refuge management objectives for the area, and advised that doing so 
would require the Service to maintain restrictions on the hunting of 
these species under its own authorities.
    A primary basis for the Service's decision to issue this permanent 
closure was first recognized in the original 1986 management goals and 
specific management objectives for furbearers, which led to the closure 
of hunting and trapping of these species in the Skilak WRA. Furbearers 
such as wolves, coyote, and lynx occur in relatively low densities, and 
are not as easily observed as more abundant and/or less wary wildlife 
species. Annual removal of individual wolves, coyote, or lynx from the 
Skilak WRA, and/or a change in their behavior, due to hunting (or 
trapping) would reduce opportunities for the public to view or 
photograph or otherwise experience these species. While we concur that 
factors such as terrain, vegetation, and time of day affect wildlife 
viewing, visitors to the Skilak WRA experience and learn about these 
species in a variety of ways, such as observing tracks, hearing 
vocalizations, or observing other signs of the species. Similarly, 
Refuge environmental education and interpretation programs that benefit 
from enhanced opportunities provided in the area to view or otherwise 
experience these species would be negatively impacted. Even in the 
absence of area-specific scientific studies and data, it is a 
reasonable conclusion that annual harvest would maintain reduced 
densities, and/or affect behavior, of these species in the Skilak WRA 
and degrade opportunities for wildlife observation, photography, and 
environmental education and interpretation, given the area's small 
size, its accessibility by road, proximity to population centers, and 
likely hunting (or trapping) pressure.
    Minimizing conflicts between non-consumptive and consumptive users 
of the Skilak WRA and ensuring public safety also continue to be 
important considerations for how hunting and trapping is managed in the 
area. While highest levels of public use in the Skilak WRA occur in the 
summer months, observations by Refuge staff and records of use of 
Refuge public use cabins indicate that fall and winter recreational use 
of the area for many activities, including hiking, general nature 
observation and photography, night sky observation, cross country 
skiing, and winter camping, is substantial and increasing. Given this 
increased public use during winter, the Service believes that allowing 
hunting (or trapping) of wolves, coyotes, and lynx during winter months 
in the Skilak WRA would increase the potential for conflicts between 
users and safety issues.
    Providing environmental education and interpretation for the 
public, and for ``wildlife-oriented'' recreational uses, which includes 
non-consumptive

[[Page 27039]]

activities such as wildlife viewing as well as hunting and fishing, are 
legally mandated Refuge purposes under ANILCA. These two purposes are 
in fact unique purposes to this Refuge among all refuges in Alaska. 
Meeting Refuge public use objectives in the Skilak WRA is consistent 
with and directly supports meeting these Refuge purposes. Regulating 
non-conflicting hunting activities and the use of firearms in the 
Skilak WRA in a manner that supports meeting all Refuge purposes, 
minimizes conflicts among user groups, and enhances public safety is 
necessary to ensure the compatibility of hunting as an authorized use 
on the Kenai NWR.
    Management that provides for emphasis on non-consumptive uses in 
the Skilak WRA, while allowing for non-conflicting hunting activities 
and enhancing public safety, is also consistent with Service policy at 
605 FW 1 for managing wildlife-dependent recreational uses on National 
Wildlife Refuges. Hunting and trapping of lynx, coyote, and wolves 
under State of Alaska regulations remains authorized on over 97 percent 
of the Refuge (over 1.9 million acres).
    The final rule codifies the Service's November 2013 permanent 
hunting restrictions and trapping closure, established in accordance 
with 50 CFR 36.42, in the Skilak WRA (78 FR 66061, November 4, 2013). 
This rule supports implementation of the Service's 2007 final revised 
management plan for the Skilak WRA, which reaffirmed management 
objectives for the area established under the Refuge's 1985 
Comprehensive Management Plan. We did not make any changes to the rule 
in response to these comments.
    (16) Comment: Some commenters stated that the Service's hunting and 
trapping closures would not improve wildlife viewing opportunities in 
the Skilak WRA because the Service has failed to fully implement its 
facilities and habitat plans for the area, or that additional 
infrastructure would benefit wildlife viewing opportunities.
    Our Response: To further development of wildlife viewing, and 
environmental education and interpretation opportunities, in 1988, the 
Service prepared a step-down plan for public use facility management 
and development, and renamed the area the Skilak WRA. Over $5 million 
in improvements to existing, and development of new, visitor facilities 
occurred in ensuing years as funding permitted, and included new and 
improved roads, scenic turn-outs, campgrounds, hiking trails, 
interpretive panels and information kiosks, viewing platforms, and boat 
launches. While not all planned developments have been completed, the 
Refuge currently maintains 8 facility access roads, 8 public 
campgrounds, 3 public use cabins, 10 hiking trails (totaling just over 
20 miles), 3 scenic overlooks, 11 boat launches, 12 informational 
kiosks and numerous interpretive panels, and 13 developed parking areas 
within the Skilak WRA in support of meeting its public use management 
objectives for the area. The Service has also implemented small-scale 
habitat management projects within the Skilak WRA. The Service will 
continue to develop recreational infrastructure and habitat projects in 
the area, consistent with approved management plans, as allowed by 
available funding and staffing. We did not make any changes to the rule 
in response to these comments.

Fishing--50 CFR 36.39(i)(7)

    (17) Comment: A commenter requested that dates of a fishing closure 
for an area 100 feet upstream and downstream of the Russian River Ferry 
dock on the south shore of the Kenai River be changed from June 1 to 
August 15 to June 11 to August 20 to provide consistency with State 
sport fishing regulations. One commenter opposed the closure stating it 
was unnecessary.
    Our Response: In this final rule, we eliminate those fishing 
closure dates and specify that the closure is in effect during hours of 
operation of the Russian River Ferry. Ferry operations open concurrent 
with the opening day of recreational fishing for salmon and resident 
fish species in the area in June, and operations typically continue 
through Labor Day. We believe this change simplifies the rule while 
continuing to meet the intent of the existing regulations to enhance 
public safety in the vicinity of the Ferry dock and landing area.

Public Use Cabin and Camping Area Management--50 CFR 36.39(i)(8)

    (18) Comment: Several commenters expressed opposition to the 
Service's proposal to prohibit dispersed camping in an area within 100 
yards of the banks of the Kenai River along two sections of the River 
within the Refuge (upper Kenai River and Middle Kenai River), citing 
loss of traditional camping opportunity, impacts to visitor safety and 
increased risks to personal property, and expansion of habitat impacts 
from new trail and campsite development and use; some commenters 
supported this prohibition, citing the benefits of riverbank habitat 
protection. Some commenters stated the need for this prohibition was 
not adequately justified. Some commenters noted that while the 
prohibition was addressed for the upper Kenai River in the Refuge 2010 
CCP, a similar prohibition for the Middle Kenai River had not been 
previously considered by the Service through a public process and 
additional evaluation, and public input was needed.
    Our Response: The prohibition on dispersed camping within 100 yards 
of the banks of the upper Kenai River in this rule implements decisions 
from the Refuge's 2010 CCP and the record of decision for its 
accompanying environmental impact statement. River bank closures along 
the Kenai River are commonly used by resource agencies to protect 
sensitive riparian vegetation, which is subject to trampling, resulting 
in degradation of salmon rearing habitat. In the May 21, 2015, proposed 
rule, the Service proposed to implement this decision with a 
modification to allow for some dispersed camping along the upper Kenai 
River at designated sites. We chose this approach to enhance natural 
resource protection by reducing camping impacts along the upper Kenai 
River while allowing for some historical along-river camping use to 
continue. We have completed an evaluation of existing camping sites 
along the upper Kenai River and have identified 10 sites that will be 
designated for dispersed camping. These sites are identified on a map 
available on https://www.regulations.gov under Docket No. FWS-R7-NWRS-
2014-0003 as a supporting document for this rulemaking. This map will 
also be available to the public electronically on the Refuge Web site 
(https://www.fws.gov/refuge/kenai/) and at the Refuge Headquarters.
    The May 21, 2015, proposed rule included the same camping 
restrictions for the Middle Kenai River within the Refuge. We have 
decided not to address dispersed camping along the Middle Kenai River 
within the Refuge in this rulemaking. The Service will continue 
coordination with the State on management issues affecting the Middle 
Kenai River, and will monitor and evaluate camping along the upper 
Kenai River and use the results of monitoring to inform a future public 
planning process. This final rule reflects this decision.

Other Uses and Activities--50 CFR 36.39(i)(9)

    (19) Comment: A commenter stated that the proposed restriction on 
group size to 15 people in the Swanson River and Swan Lake Canoe routes 
was a substantive change to current management and is not adequately

[[Page 27040]]

justified in the proposed rule. Some commenters stated that the rule 
should be modified to reflect that larger group sizes may be permitted 
at the discretion of the Refuge Manager, consistent with a decision in 
the 2010 Refuge CCP.
    Our Response: Group size in the Swanson River and Swan Lakes Canoe 
Routes is limited to 15 people under current Refuge regulations (see 50 
CFR 36.39(i)(7)(vii)). In this final rule, we amend the regulations to 
state that larger group sizes may be allowed at the discretion of the 
Refuge Manager through issuance of a special use permit.
    (20) Comment: A commenter requested that the Service consider 
allowing use of bicycles and wheeled game carts on Refuge trails open 
to horses or snowmobiles; another commenter stated that industrial 
roads should be opened to bicycle use. A commenter was opposed to the 
allowance of wheeled game carts on industrial roads.
    Our Response: Use of non-motorized wheeled vehicles, which includes 
bicycles, are allowed only on roads open to public vehicular access 
under current Refuge regulations (see 50 CFR 36.39(i)(7)(v)). Use of 
bicycles on industrial roads within the Refuge is prohibited to protect 
public safety given the year-round use of these roads by large trucks 
and heavy equipment. In the proposed rule, the Service proposed to 
allow the use of wheeled game carts on industrial roads by hunters 
using these roads on foot for hunting access. We consider this a minor 
and reasonable change with little potential to impact habitats and/or 
public safety. Bicycle and/or game cart use of hiking trails and 
backcountry areas pose more substantive issues because of their 
potential to impact habitats, create conflicts between trail users, and 
pose public safety issues. In 2007, the Service evaluated compatibility 
of several Refuge activities involving general public access, 
recreation, and transport methods that are non-motorized, including 
bicycling. In that evaluation, we determined that, subject to Refuge 
regulations that restrict it to maintained roads open to public 
vehicular access, which are in place to prevent harm to refuge 
resources, bicycling was a compatible activity. We did not make any 
changes to the rule in response to these comments.
    (21) Comment: One commenter stated that additional Refuge trails, 
including trails in the Skilak Lake area, should be closed to horseback 
riding and packstock use.
    Our Response: We proposed, and in this rule make final, a 
prohibition that horses or other packstock are not allowed on the 
Fuller Lakes Trail and on all trails within the Skilak WRA and the 
Refuge Headquarters area. We did not make any changes to the rule in 
response to this comment.
    (22) Comment: Some commenters stated that amending Refuge 
regulations to allow for noncommercial collection of natural resources 
(berries, edible plants, shed antlers) is not necessary, as commercial 
harvest is already prohibited on Alaska refuges and recreational 
activities are authorized as long as they are compatible with Refuge 
purposes. The commenters recommended that these uses be addressed 
through a compatibility determination, as has been the done on other 
Alaska refuges. A commenter stated that daily and annual limits on the 
number of shed antlers that could be collected were unnecessary and 
overly restrictive.
    Our Response: Recreational activities, including but not limited to 
hunting, fishing, nature observation, photography, boating, camping, 
hiking, picnicking, and other related activities are generally 
authorized, if compatible (50 CFR 36.31(a)) on refuges in Alaska. This 
is a regulatory interpretation to implement apparent Congressional 
intent of ANILCA and often is referred to ``Alaska Refuges are open 
unless closed.''
    However, 50 CFR part 36, the Alaska National Wildlife Refuge 
regulations, are supplemental to other National Wildlife Refuge System 
(NWRS) regulations. All other NWRS regulations also apply to Alaska 
refuges unless they are specifically modified or superseded by ANILCA 
(50 CFR 36.1(a)). ANILCA does not specifically address collection of 
natural resources. It does address sport hunting, trapping, fishing, 
commercial fishing, subsistence activities, and traditional means of 
access. The regulations at 50 CFR 27.51 prohibit the collecting of any 
plant or animal on any national wildlife refuge without a permit (the 
definition for animals, specifically fish and wildlife, includes any 
part of the animal (50 CFR 25.12(a))). 50 CFR 27.61 prohibits the 
unauthorized removal of natural objects from any national wildlife 
refuge.
    Legal sport hunting, fishing and trapping are not at issue in that 
they are authorized through licenses, permits, and established 
regulatory processes. Subsistence take of fish and wildlife is likewise 
authorized by statute and implementing regulations. Subsistence use of 
timber and plant material is generally authorized, subject to certain 
restrictions, at 50 CFR 36.15. 50 CFR 36.15(b) specifically allows for 
``the noncommercial gathering by local rural residents of fruits, 
berries, mushrooms, and other plant materials for subsistence uses, and 
the noncommercial gathering of dead or downed timber for firewood'' 
without a permit. While many refuges in Alaska have determined personal 
gathering of berries and other natural resources to be compatible, 
recreational users are not afforded the same authorization under 
regulations for similar activities on refuges in Alaska (with the 
exception of firewood gathering by campers at Kenai NWR (50 CFR 
36.39(i)(7)(i)(E)). The personal collection, without permit, of animal 
parts such as bones, skulls, horns, and antlers is also currently not 
authorized for any member of the public.
    Personal, noncommercial use of berries and other edible plant 
materials, and collection of naturally shed moose and caribou antlers, 
on some Alaska refuges are desired activities by many visitors. The 
Service has chosen to authorize this activity, subject to reasonable 
limitations for the collection of shed antlers, on the Kenai NWR under 
this rulemaking in recognition of the extent of recreational visitation 
and scope of this use on this Refuge. The Service may consider 
authorization of this use on other refuges in Alaska in the future. We 
did not make any changes to the rule in response to these comments.

Russian River Special Management Area--50 CFR 36.39(i)(11)

    (23) Comment: One commenter opposed the proposed food storage 
requirements, which include required use of bear proof containers, 
citing high cost of such containers. Some commenters supported the 
proposed requirements as a means of reducing human-bear conflicts and 
due to the need for consistency between U.S. Forest Service and Refuge 
regulations in the Russian River area.
    Our Response: Food and retained fish storage regulations have been 
an integral component of interagency efforts to enhance public safety 
and wildlife resource conservation by managing wildlife attractants in 
order to reduce the potential for negative human-bear interactions in 
the Russian River Special Management Area. This rule codifies and makes 
permanent food and retained fish storage regulations issued by the 
Service as temporary restrictions in recent years, and provides 
consistency with U.S. Forest Service food storage regulations applying 
to adjacent Chugach National Forest lands (36 CFR 261.58). We did not 
make any changes to the rule in response to these comments.

[[Page 27041]]

General Comments

    (24) Comment: One commenter stated that failure by the Service to 
announce the dates and locations of public meetings and hearings to be 
held, or of the Service's intention to hold the meetings and hearings, 
in the Federal Register may have unduly limited public engagement. The 
commenter further stated that the proposed rule does not meet the 
intent of ANILCA's implementing regulations and the Administrative 
Procedure Act (APA; 5 U.S.C. subchapter II), which specifically 
recognizes the importance of public meetings associated with rulemaking 
and of announcing those meetings in the Federal Register.
    Our Response: To meet regulatory requirements (50 CFR 36.42) for 
providing notice and public hearings for this rulemaking, the Service 
held two public hearings during the open public comment period. 
Hearings were held on June 17, 2016, in Soldotna, Alaska, and on June 
18, 2016, in Anchorage, Alaska. The Service published announcements of 
the dates, locations, and times of scheduled public hearings to be held 
in Alaska on the proposed rule following the proposal's publication in 
the Federal Register on May 21, 2015 (80 FR 29277). Written notice of 
the dates, locations, and times of the public hearings were posted on 
the Refuge Web site immediately following publication of the proposed 
rule in the Federal Register, along with associated information on the 
proposed rule and its availability for public comment. The public 
meetings and hearings were also subsequently announced through news 
releases sent to local (Kenai Peninsula) and Statewide (Anchorage) 
media outlets including newspaper, radio, and television outlets, and 
through publication of Legal Notices, which published in local 
(Peninsula Clarion) and Statewide (Alaska Dispatch News) newspapers.

              Table--Summary of Changes From Proposed Rule
------------------------------------------------------------------------
 What we proposed in the May 21, 2015,     What we are making final in
      proposed rule (80 FR 29277)                this final rule
------------------------------------------------------------------------
                                Aircraft
------------------------------------------------------------------------
We did not include a legal description   We are adding a legal
 of expanded Chickaloon Flats area.       description of expanded
                                          Chickaloon Flats area.
------------------------------------------------------------------------
                                 Boating
------------------------------------------------------------------------
We proposed that operation of motors     We are not including that
 with a total propshaft horsepower        prohibition.
 rating of greater than 10 horsepower
 would be prohibited on selected lakes.
------------------------------------------------------------------------
                           Firearms Discharge
------------------------------------------------------------------------
We did not include language on           We are adding language that the
 discharge of firearms in defense of      firearms discharge regulations
 life and property.                       do not preclude use of
                                          firearms for taking game in
                                          defense of life and property
                                          as defined under State law.
------------------------------------------------------------------------
                                 Fishing
------------------------------------------------------------------------
We proposed that fishing would be        We are removing the dates from
 prohibited from June 1 through August    the statement.
 15 during hours of operation of the
 Russian River Ferry along the south
 bank of the Kenai River from a point
 100 feet upstream to a point 100 feet
 downstream of the ferry dock.
------------------------------------------------------------------------
                                 Camping
------------------------------------------------------------------------
We proposed that camping within 100      We are retaining this
 yards of the Upper Kenai River and the   restriction for the Upper
 Middle Kenai River downstream of         Kenai River, but we are not
 Skilak Lake (river mile 50 to river      including it for the Middle
 mile 45) would be restricted to          Kenai River. We have added
 designated sites.                        information on the
                                          availability of a map denoting
                                          designated sites.
------------------------------------------------------------------------
                   Maximum Group Size on Canoe Routes
------------------------------------------------------------------------
We proposed to retain a requirement      Under this final rule, the
 that the maximum group size on the       Refuge Manager may authorize
 canoe routes is 15 people.               larger groups under the terms
                                          and conditions of a special
                                          use permit (FWS Form 3-1383-
                                          G).
------------------------------------------------------------------------
                       Leash Length in Campgrounds
------------------------------------------------------------------------
We proposed that pets in developed       We are adopting the current
 campgrounds and parking lots must be     maximum leash length which
 on a leash that is no longer than 6      requires that pets in
 feet in length.                          developed campgrounds and
                                          parking lots be on a leash
                                          that is no longer than 9 feet
                                          in length.
------------------------------------------------------------------------

Plain Language Mandate

    In this rule, we made some of the revisions to comply with a 
Presidential mandate to use plain language in regulations; as such, 
these particular revisions do not modify the substance of the previous 
regulations. These types of changes include using ``you'' to refer to 
the reader and ``we'' to refer to the Refuge System, using the word 
``allow'' instead of ``permit'' when we do not require the use of a 
permit for an activity, and using active voice (i.e., ``We restrict 
entry into the refuge'' vs. ``Entry into the refuge is restricted'').

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. OIRA has 
determined that this rule is not significant.

[[Page 27042]]

    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 
U.S.C. 601 et seq.), 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 flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. Thus, for a 
regulatory flexibility analysis to be required, impacts must exceed a 
threshold for ``significant impact'' and a threshold for a 
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
will not have a significant economic impact on a substantial number of 
small entities.
    As described above and in the May 21, 2015, proposed rule (80 FR 
29277), the changes in this rule will impact visitor use for wildlife-
dependent recreation on the Refuge. Modifying the visitor use 
regulations will have small incremental changes on total visitor use 
days associated with particular activities. For example, visitor use 
associated with aircraft motorboats and collection of natural resources 
may increase slightly. However, visitor use associated with camping may 
decline slightly. We estimate that the overall change in recreation 
use-days will represent less than 1 percent of the average recreation 
use-days on the Refuge (1 million visitors annually).
    Small businesses within the retail trade industry (such as hotels, 
gas stations, etc.) (NAIC 44) and accommodation and food service 
establishments (NAIC 72) may be impacted by spending generated by 
Refuge visitation. Seventy-six percent of establishments in the Kenai 
Peninsula Borough qualify as small businesses. This statistic is 
similar for retail trade establishments (72 percent) and accommodation 
and food service establishments (65 percent). Due to the negligible 
change in average recreation days, this final rule will have a minimal 
effect on these small businesses.
    With the negligible change in overall visitation anticipated from 
this final rule, it is unlikely that a substantial number of small 
entities will have more than a small economic effect. Therefore, we 
certify that this final rule will not have a significant economic 
effect on a substantial number of small entities as defined under the 
Regulatory Flexibility Act. A regulatory flexibility analysis is not 
required. Accordingly, a Small Entity Compliance Guide is not required.

Small Business Regulatory Enforcement Fairness Act

    This final rule is not a major rule under 5 U.S.C. 804(2), the 
SBREFA. This rule:
    a. Will 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.
    c. Will 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

    As this rule applies to public use on a federally owned and managed 
Refuge, it will not impose an unfunded mandate on State, local, or 
Tribal governments or the private sector of more than $100 million per 
year. The rule will 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 
(2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

    In accordance with E.O. 12630, this rule will not have significant 
takings implications. This rule affects only visitors at Kenai NWR and 
describes what they can do while on the Refuge.

Federalism (E.O. 13132)

    As discussed in the Regulatory Planning and Review and Unfunded 
Mandates Reform Act sections, above, this rule will not have sufficient 
federalism summary impact statement implications to warrant the 
preparation of a federalism summary impact statement under E.O. 13132. 
In preparing this rule, we worked with State governments.

Civil Justice Reform (Executive Order 12988)

    This final rule complies with the requirements of Executive Order 
12988. Specifically, this rule:
    a. Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    b. Meet criteria of section 3(b) (2) requiring that all regulations 
be written in clear language and contain clear legal standards.

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, or use. E.O. 
13211 requires agencies to prepare Statements of Energy Effects when 
undertaking certain actions. This rule is not a significant regulatory 
action under E.O. 12866, and we do not expect it to significantly 
affect energy supplies, distribution, or use. Therefore, this action is 
not a significant energy action and no Statement of Energy Effects is 
required.

Government-to-Government Relationship with Tribes

    In accordance with the President's memorandum of April 29, 1994 
(Government-to-Government Relations with Native American Tribal 
Governments; 59 FR 22951 (May 4, 1994)), Executive Order 13175 
(Consultation and Coordination with Indian Tribal Governments; 65 FR 
67249 (November 9, 2000)), and the Department of the Interior Manual, 
512 DM 2, we readily acknowledge our responsibility to communicate 
meaningfully with recognized Federal Tribes on a government-to-
government basis. We also complied with 512 DM 4 under Department of 
the Interior Policy on Consultation with Alaska Native Claims 
Settlement Act (ANCSA) Corporations, August 10, 2012. We did seek 
Tribes' and Corporations' input in evaluating the proposed rule. In

[[Page 27043]]

December 2014, we invited formal consultation in writing to seven 
Tribes and seven Native Corporations and asked for their input during 
development of the proposed rule. Concurrently, we provided information 
on the proposed rule and offered to meet informally to provide 
additional information. We also sent written correspondence via email 
to the Tribes and Native Corporations prior to publication of the 
proposed rule in May 2015, to again offer opportunity for formal 
consultation and/or informal information exchange, to request input, 
and to provide notice of the proposal's upcoming publication and the 
public comment period. We did not receive any requests for government-
to-government consultation. We informally discussed the proposed rule 
as part of meetings with representatives of the Ninilchik Traditional 
Council and Ninilchik Native Association held primarily to discuss 
subsistence hunting and fishing on the Refuge, and corresponded via 
telephone and email with representatives of the Tyonek Native 
Corporation who had specific questions on the proposed rule.

Paperwork Reduction Act

    This rule does not contain any information collection requirements 
other than those already approved by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) 
and assigned OMB Control Numbers 1018-0102 (expires June 30, 2017), 
1018-0140 (expires May 31, 2018), and 1018-0153 (expires December 31, 
2018). 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

    We complied with section 7 of the Endangered Species Act of 1973, 
as amended (16 U.S.C. 1531 et seq.), when we developed the Kenai NWR 
comprehensive conservation plan.

National Environmental Policy Act

    We analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)), 
43 CFR part 46, and 516 Departmental Manual (DM) 8.
    A categorical exclusion from NEPA documentation applies to 
publication of this final rule and ensuing regulations because they are 
technical and procedural in nature, and the environmental effects are 
too broad, speculative, or conjectural to lend themselves to meaningful 
analysis (43 CFR 46.210 and 516 DM 8). We have determined that this 
final rule is considered a categorical exclusion under 516 DM 
8.5(C)(3), which categorically excludes the ``issuance of special 
regulations for public use of Service-managed land, which maintain 
essentially the permitted level of use and do not continue a level of 
use that has resulted in adverse environmental impacts.''
    This final rule supports the Service's management direction 
identified through approved Refuge management plans, including the 2010 
Kenai NWR revised CCP and the 2007 Kenai NWR Skilak WRA revised final 
management plan.
    For the CCP, we prepared a draft revised CCP and a draft 
environmental impact statement (DEIS) under NEPA, and made them 
available for comment for public comment on May 8, 2008 (73 FR 26140). 
The public comment period on those draft documents began on May 8, 
2008, and ended on September 1, 2008. We then prepared our final 
revised CCP and final EIS, and made them available for public comment 
for 30 days, beginning August 27, 2009 (74 FR 43718). We announced the 
availability of the record of decision for the final revised CCP and 
final EIS on January 11, 2010 (75 FR 1404).
    We completed a draft management plan and draft environmental 
assessment (EA) under NEPA for the Skilak WRA management plan in 
October 2006. We distributed approximately 2,500 copies to individuals, 
businesses, agencies, and organizations that had expressed an interest 
in receiving Kenai NWR planning-related documents. We also announced 
the availability of these documents through radio stations, television 
stations, and newspapers on the Kenai Peninsula and in the city of 
Anchorage. An electronic version of the plan was made available on the 
Kenai NWR planning Web site, and a Skilak email address was created to 
facilitate public comment on the draft plan. Presentations were made to 
the Alaska Board of Game and the Friends of Alaska National Wildlife 
Refuges. The draft plan and draft environmental assessment (EA) were 
made available for public review and comment during a 30-day period 
ending November 17, 2006. We signed a finding of no significant impact 
(FONSI) for the final revised management plan first on December 6, 
2006, and then later (as corrected) on May 11, 2007.
    You can obtain copies of the CCP/EIS and the revised final 
management plan for the Skilak WRA either on the Federal eRulemaking 
Portal, https://www.regulations.gov, under Docket No. FWS-R7-NWRS-2014-
0003, or by contacting the person listed under FOR FURTHER INFORMATION 
CONTACT.

Primary Author

    Andy Loranger, Refuge Manager, Kenai NWR, is the primary author of 
this rulemaking document.

List of Subjects in 50 CFR Part 36

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

Regulation Promulgation

    For the reasons set forth in the preamble, we amend 50 CFR part 36 
as follows:

PART 36--ALASKA NATIONAL WILDLIFE REFUGES

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

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


0
2. Amend Sec.  36.2 by adding, in alphabetical order, definitions for 
``Operate'' and ``Structure'' to read as follows:


Sec.  36.2  What do these terms mean?

* * * * *
    Operate means to manipulate the controls of any conveyance, such 
as, but not limited to, an aircraft, snowmobile, motorboat, off-road 
vehicle, or any other motorized or non-motorized form of vehicular 
transport as to direct its travel, motion, or purpose.
* * * * *
    Structure means something temporarily or permanently constructed, 
built, or placed; and constructed of natural or manufactured parts 
including, but not limited to, a building, shed, cabin, porch, bridge, 
walkway, stair steps, sign, landing, platform, dock, rack, fence, 
telecommunication device, antennae, fish cleaning table, satellite 
dish/mount, or well head.
* * * * *

0
3. Amend Sec.  36.39 by revising paragraph (i) to read as follows:


Sec.  36.39  Public use.

* * * * *
    (i) Kenai National Wildlife Refuge. Maps of designated areas open 
to specific public use activities on the refuge are available from 
Refuge Headquarters at the following address: 1 Ski Hill Road, 
Soldotna, AK.
    (1) Aircraft. Except in an emergency, the operation of aircraft on 
the Kenai

[[Page 27044]]

National Wildlife Refuge is authorized only in designated areas, as 
described in this paragraph (i)(1).
    (i) We allow the operation of airplanes within the Kenai Wilderness 
on the following designated lakes, and under the restrictions noted:
    (A) Dave Spencer (Canoe Lakes) Unit. (1) Bedlam Lake.
    (2) Bird Lake.
    (3) Cook Lake.
    (4) Grouse Lake.
    (5) King Lake.
    (6) Mull Lake.
    (7) Nekutak Lake.
    (8) Norak Lake.
    (9) Sandpiper Lake.
    (10) Scenic Lake.
    (11) Shoepac Lake.
    (12) Snowshoe Lake.
    (13) Taiga Lake.
    (14) Tangerra Lake.
    (15) Vogel Lake.
    (16) Wilderness Lake.
    (17) Pepper, Gene, and Swanson lakes are open to operation of 
airplanes only to provide access for ice fishing.
    (B) Andrew Simons Unit.
    (1) Emerald Lake.
    (2) Green Lake.
    (3) Harvey Lake.
    (4) High Lake.
    (5) Iceberg Lake.
    (6) Kolomin Lakes.
    (7) Lower Russian Lake.
    (8) Martin Lake.
    (9) Pothole Lake.
    (10) Twin Lakes.
    (11) Upper Russian Lake.
    (12) Windy Lake.
    (13) Dinglestadt Glacier terminus lake.
    (14) Wosnesenski Glacier terminus lake.
    (15) Tustumena Lake and all lakes within the Kenai Wilderness 
within 1 mile of the shoreline of Tustumena Lake.
    (16) All unnamed lakes in sections 1 and 2, T. 1 S., R. 10 W., and 
sections 4, 5, 8, and 9, T. 1 S., R. 9 W., Seward Meridian.
    (17) An unnamed lake in sections 28 and 29, T. 2 N., R. 4 W., 
Seward Meridian: The Refuge Manager may issue a special use permit (FWS 
Form 3-1383-G) for the operation of airplanes on this lake to 
successful applicants for certain State of Alaska, limited-entry, 
drawing permit hunts. Successful applicants should contact the Refuge 
Manager to request information.
    (C) Mystery Creek Unit. An unnamed lake in section 11, T. 6 N., R. 
5 W., Seward Meridian.
    (ii) We allow the operation of airplanes on all lakes outside of 
the Kenai Wilderness, except that we prohibit aircraft operation on:
    (A) The following lakes with recreational developments, including, 
but not limited to, campgrounds, campsites, and public hiking trails 
connected to road waysides, north of the Sterling Highway:
    (1) Afonasi Lake.
    (2) Anertz Lake.
    (3) Breeze Lake.
    (4) Cashka Lake.
    (5) Dabbler Lake.
    (6) Dolly Varden Lake.
    (7) Forest Lake.
    (8) Imeri Lake.
    (9) Lili Lake.
    (10) Mosquito Lake.
    (11) Nest Lake.
    (12) Rainbow Lake.
    (13) Silver Lake.
    (14) Upper Jean Lake.
    (15) Watson Lake.
    (16) Weed Lake.
    (B) All lakes within the Skilak Wildlife Recreation Area (south of 
Sterling Highway and north of Skilak Lake), except for Bottenintnin 
Lake (open to airplanes year-round) and Hidden Lake (open to airplanes 
only to provide access for ice fishing).
    (C) Headquarters Lake (south of Soldotna), except for 
administrative purposes. You must request permission from the Refuge 
Manager.
    (iii) Notwithstanding any other provisions of this part, we 
prohibit the operation of aircraft from May 1 through September 10 on 
any lake where nesting trumpeter swans or their broods or both are 
present.
    (iv) We prohibit the operation of wheeled airplanes, with the 
following exceptions:
    (A) We allow the operation of wheeled airplanes, at the pilot's 
risk, on the unmaintained Big Indian Creek Airstrip; on gravel areas 
within \1/2\ mile of Wosnesenski Glacier terminus lake; and within the 
SE\1/4\, section 16 and SW\1/4\, section 15, T. 4 S., R. 8 W., Seward 
Meridian.
    (B) We allow the operation of wheeled airplanes, at the pilot's 
risk, within designated areas of the Chickaloon River Flats, including 
all of sections 5 and 6 and parts of sections 2, 3, 4, 7, 8, 9, 11, and 
16, T. 9 N., R. 4 W.; all of section 1 and parts of sections 2, 3, 4, 
5, 11, and 12, T. 9 N., R. 5 W.; all of sections 33 and 34 and parts of 
sections 24, 25, 26, 27, 28, 29, 31, 32, and 35, T. 10 N., R. 4 W.; all 
of section 33 and parts of sections 19, 27, 28 29, 30 32, 34, 35, and 
36, T. 10 N., R. 5 W, Seward Meridian.
    (v) We allow the operation of airplanes on the Kasilof River, on 
the Chickaloon River (from the outlet to mile 6.5), and on the Kenai 
River below Skilak Lake (from June 15 through March 14). We prohibit 
aircraft operation on all other rivers on the refuge.
    (vi) We prohibit the operation of unlicensed aircraft anywhere on 
the refuge except as authorized under terms and conditions of a special 
use permit (FWS Form 3-1383-G) issued by the Refuge Manager.
    (vii) We prohibit air dropping any items within the Kenai 
Wilderness except as authorized under terms and conditions of a special 
use permit (FWS Form 3-1383-G) issued by the Refuge Manager.
    (2) Motorboats. (i) We allow motorboat operation on all waters of 
the refuge, except that:
    (A) We prohibit motorboat operation within the Dave Spencer (Canoe 
Lakes) Unit of the Kenai Wilderness, including those portions of the 
Moose and Swanson rivers within this Unit, except that we allow 
motorboat operation on those lakes designated for airplane operations 
as provided in paragraph (i)(1) of this section and shown on a map 
available from Refuge Headquarters.
    (B) We prohibit motorboat operation on the Kenai River from the 
eastern refuge boundary near Sportsmans Landing and the confluence of 
the Russian River downstream to Skilak Lake. You may have a motor 
attached to your boat and drift or row through this section, provided 
the motor is not operating.
    (C) We prohibit motorboat operation on the Kenai River from the 
outlet of Skilak Lake (river mile 50) downstream for approximately 3 
miles (river mile 47) between March 15 and June 14, inclusive. You may 
have a motor attached to your boat and drift or row through this 
section, provided the motor is not operating.
    (D) We prohibit the operation of motors with a total propshaft 
horsepower rating greater than 10 horsepower on the Moose, Swanson, 
Funny, Chickaloon (upstream of river mile 7.5), Killey, and Fox rivers.
    (E) On the Kenai River downstream of Skilak Lake (river mile 50) to 
the refuge boundary (river mile 45.5), we restrict motorboat operation 
to only those motorboats with 4-stroke or direct fuel injection motors 
with a total propshaft horsepower rating of 50 horsepower or less, and 
that are up to 21 feet in length and up to 106 inches in width. On 
Skilak Lake, we restrict motorboat operation to only those motorboats 
with 4-stroke or direct fuel injection motors.
    (F) A ``no wake'' restriction applies to the entire water body of 
Engineer, Upper and Lower Ohmer, Bottenintnin, Upper and Lower Jean, 
Kelly, Petersen, Watson, Imeri, Afonasi, Dolly Varden, and Rainbow 
lakes.

[[Page 27045]]

    (ii) Notwithstanding any other provisions of these regulations, we 
prohibit the operation of motorboats from May 1 through September 10 on 
any lake where nesting trumpeter swans or their broods or both are 
present.
    (3) Off-road vehicles. (i) We prohibit the operation of all off-
road vehicles, as defined at Sec.  36.2, except that four-wheel drive, 
licensed, and registered motor vehicles designed and legal for highway 
use may operate on designated roads, rights-of-way, and parking areas 
open to public vehicular access. This prohibition applies to off-road 
vehicle operation on lake and river ice. At the operator's risk, we 
allow licensed and registered motor vehicles designed and legal for 
highway use on Hidden, Engineer, Kelly, Petersen, and Watson lakes only 
to provide access for ice fishing. You must enter and exit the lakes 
via existing boat ramps.
    (ii) We prohibit the operation of air cushion watercraft, air-
thrust boats, jet skis and other personal watercraft, and all other 
motorized watercraft except motorboats.
    (iii) The Refuge Manager may issue a special use permit (FWS Form 
3-1383-G) for the operation of specialized off-road vehicles and 
watercraft for certain administrative activities (to include fish and 
wildlife-related monitoring, vegetation management, and infrastructure 
maintenance in permitted rights-of-way).
    (4) Snowmobiles. We allow the operation of snowmobiles only in 
designated areas and only under the following conditions:
    (i) We allow the operation of snowmobiles from December 1 through 
April 30 only when the Refuge Manager determines that there is adequate 
snow cover to protect underlying vegetation and soils. During this 
time, the Refuge Manager will authorize, through public notice (a 
combination of any or all of the following: Internet, newspaper, radio, 
and/or signs), the use of snowmobiles less than 48 inches in width and 
less than 1,000 pounds (450 kg) in weight.
    (ii) We prohibit snowmobile operation:
    (A) In all areas above timberline, except the Caribou Hills.
    (B) In an area within sections 5, 6, 7, and 8, T. 4 N., R. 10 W., 
Seward Meridian, east of the Sterling Highway right-of-way, including 
the Refuge Headquarters complex, the environmental education/cross-
country ski trails, Headquarters and Nordic lakes, and the area north 
of the east fork of Slikok Creek and northwest of a prominent seismic 
trail to Funny River Road.
    (C) In an area including the Swanson River Canoe Route and 
portages, beginning at the Paddle Lake parking area, then west and 
north along the Canoe Lakes wilderness boundary to the Swanson River, 
continuing northeast along the river to Wild Lake Creek, then east to 
the west shore of Shoepac Lake, south to the east shore of Antler Lake, 
and west to the beginning point near Paddle Lake.
    (D) In an area including the Swan Lake Canoe Route and several 
road-connected public recreational lakes, bounded on the west by the 
Swanson River Road, on the north by the Swan Lake Road, on the east by 
a line from the east end of Swan Lake Road south to the west bank of 
the Moose River, and on the south by the refuge boundary.
    (E) In the Skilak Wildlife Recreation Area, except on Hidden, 
Kelly, Petersen, and Engineer lakes only to provide access for ice 
fishing. You must enter and exit these lakes via the existing boat 
ramps and operate exclusively on the lakes. Within the Skilak Wildlife 
Recreation Area, only Upper and Lower Skilak Lake campground boat 
launches may be used as access points for snowmobile use on Skilak 
Lake.
    (F) On maintained roads within the refuge. Snowmobiles may cross a 
maintained road after stopping.
    (G) For racing, or to herd, harass, haze, pursue, or drive 
wildlife.
    (5) Hunting and trapping. We allow hunting and trapping on the 
refuge in accordance with State and Federal laws and consistent with 
the following provisions:
    (i) You may not discharge a firearm within \1/4\ mile of designated 
public campgrounds, trailheads, waysides, buildings including public 
use cabins, or the Sterling Highway from the east Refuge boundary to 
the east junction of the Skilak Loop Road. You may not discharge a 
firearm within \1/4\ mile of the west shoreline of the Russian River 
from the upstream extent of the Russian River Falls downstream to its 
confluence with the Kenai River, and from the shorelines of the Kenai 
River from the east refuge boundary downstream to Skilak Lake and from 
the outlet of Skilak Lake downstream to the refuge boundary, except 
that firearms may be used in these areas to dispatch animals while 
lawfully trapping and shotguns may be used for waterfowl and small game 
hunting along the Kenai River. These firearms discharge regulations do 
not preclude use of firearms for taking game in defense of life and 
property as defined under State law.
    (ii) We prohibit hunting over bait, with the exception of hunting 
for black bear, and then only as authorized under the terms and 
conditions of a special use permit (FWS Form 3-1383-G) issued by the 
Refuge Manager.
    (iii) We prohibit hunting big game with the aid or use of a dog, 
with the exception of hunting for black bear, and then only as 
authorized under the terms and conditions of a special use permit (FWS 
Form 3-1383-G) issued by the Refuge Manager.
    (iv) We prohibit hunting and trapping within sections 5, 6, 7, and 
8, T. 4 N., R. 10 W., Seward Meridian, encompassing the Kenai Refuge 
Headquarters, Environmental Education Center, Visitor Center Complex, 
and associated public use trails. A map of closure areas is available 
at Refuge Headquarters.
    (v) The additional provisions for hunting and trapping within the 
Skilak Wildlife Recreation Area are set forth in paragraph (i)(6) of 
this section.
    (6) Hunting and trapping within the Skilak Wildlife Recreation 
Area. (i) The Skilak Wildlife Recreation Area is bound by a line 
beginning at the easternmost junction of the Sterling Highway and the 
Skilak Loop Road (Mile 58), then due south to the south bank of the 
Kenai River, then southerly along the south bank of the Kenai River to 
its confluence with Skilak Lake, then westerly along the north shore of 
Skilak Lake to Lower Skilak Campground, then northerly along the Lower 
Skilak campground road and the Skilak Loop Road to its westernmost 
junction with the Sterling Highway (Mile 75.1), then easterly along the 
Sterling Highway to the point of origin.
    (ii) The Skilak Wildlife Recreation Area (Skilak Loop Management 
Area) is closed to hunting and trapping, except as provided in 
paragraphs (i)(6)(iii) and (iv) of this section.
    (iii) You may hunt moose only with a permit issued by the Alaska 
Department of Fish and Game and in accordance with the provisions set 
forth in paragraph (i)(5) of this section.
    (iv) You may hunt small game in accordance with the provisions set 
forth in paragraph (i)(5) of this section and:
    (A) Using falconry and bow and arrow only from October 1 through 
March 1; or
    (B) If you are a youth hunter 16 years old or younger, who is 
accompanied by a licensed hunter 18 years old or older who has 
successfully completed a certified hunter education course (if the 
youth hunter has not), or by someone born on or before January 1, 1986. 
Youth hunters must use standard .22 rimfire or shotgun, and may hunt 
only in that portion of the area west of a line from the access road 
from the Sterling Highway to Kelly Lake, the Seven Lakes

[[Page 27046]]

Trail, and the access road from Engineer Lake to Skilak Lake Road, and 
north of the Skilak Lake Road. The youth hunt occurs during each 
weekend from November 1 to December 31, including the Friday following 
Thanksgiving. State of Alaska bag limit regulations apply.
    (7) Fishing. We allow fishing on the refuge in accordance with 
State and Federal laws, and consistent with the following provisions:
    (i) We prohibit fishing during hours of operation of the Russian 
River Ferry along the south bank of the Kenai River from a point 100 
feet upstream to a point 100 feet downstream of the ferry dock.
    (ii) Designated areas along the Kenai River at the two Moose Range 
Meadows public fishing facilities along Keystone Drive are closed to 
public access and use. At these facilities, we allow fishing only from 
the fishing platforms and by wading in the Kenai River. To access the 
river, you must enter and exit from the stairways attached to the 
fishing platforms. We prohibit fishing from, walking or placing 
belongings on, or otherwise occupying designated areas along the river 
in these areas.
    (8) Public use cabin and camping area management. We allow camping 
and use of public use cabins on the refuge in accordance with the 
following conditions:
    (i) Unless otherwise further restricted, camping may not exceed 14 
days in any 30-day period anywhere on the refuge.
    (ii) Campers may not spend more than 7 consecutive days at Hidden 
Lake Campground or in public use cabins.
    (iii) The Refuge Manager may establish a fee and registration 
permit system for overnight camping at designated campgrounds and 
public use cabins. At all of the refuge's fee-based campgrounds and 
public use cabins, you must pay the fee in full prior to occupancy. No 
person may attempt to reserve a refuge campsite by placing a placard, 
sign, or any item of personal property on a campsite. Reservations and 
a cabin permit are required for public use cabins, with the exception 
of the Emma Lake and Trapper Joe cabins, which are available on a 
first-come, first-served basis. Information on the refuge's public use 
cabin program is available from Refuge Headquarters and online at 
https://www.recreation.gov.
    (iv) Campers in developed campgrounds and public use cabins must 
follow all posted campground and cabin occupancy rules.
    (v) You must observe quiet hours from 11:00 p.m. until 7:00 a.m. in 
all developed campgrounds, parking areas, and public use cabins.
    (vi) Within developed campgrounds, we allow camping only in 
designated sites.
    (vii) Campfires. (A) Within developed campgrounds, we allow open 
fires only in portable, self-contained, metal fire grills, or in the 
permanent fire grates provided. We prohibit moving a permanent fire 
grill or grate to a new location.
    (B) Campers and occupants of public use cabins may cut only dead 
and down vegetation for campfire use.
    (C) You must completely extinguish (put out cold) all campfires 
before permanently leaving a campsite.
    (viii) While occupying designated campgrounds, parking areas, or 
public use cabins, all food (including lawfully retained fish, 
wildlife, or their parts), beverages, personal hygiene items, odiferous 
refuse, or any other item that may attract bears or other wildlife, and 
all equipment used to transport, store, or cook these items (such as 
coolers, backpacks, camp stoves, and grills) must be:
    (A) Locked in a hard-sided vehicle, camper, or camp trailer; in a 
cabin; or in a commercially produced and certified bear-resistant 
container; or
    (B) Immediately accessible to at least one person who is outside 
and attending to the items.
    (ix) We prohibit deposition of solid human waste within 100 feet of 
annual mean high water level of any wetland, lake, pond, spring, river, 
stream, campsite, or trail. In the Swan Lake and Swanson River Canoe 
Systems, you must bury solid human waste to a depth of 6 to 8 inches.
    (x) We prohibit tent camping within 600 feet of each public use 
cabin, except by members and guests of the party registered to that 
cabin.
    (xi) Within 100 yards of the Kenai River banks along the Upper 
Kenai River from river mile 73 to its confluence with Skilak Lake 
(river mile 65), we allow camping only at designated primitive 
campsites. Campers can spend no more than 3 consecutive nights at the 
designated primitive campsites.
    (xii) We prohibit camping in the following areas of the refuge:
    (A) Within \1/4\ mile of the Sterling Highway, Ski Hill, or Skilak 
Loop roads, except in designated campgrounds.
    (B) On the two islands in the lower Kenai River between mile 25.1 
and mile 28.1 adjacent to the Moose Range Meadows Subdivision.
    (C) At the two refuge public fishing facilities and the boat 
launching facility along Keystone Drive within the Moose Range Meadows 
Subdivision, including within parking areas, and on trails, fishing 
platforms, and associated refuge lands.
    (9) Other uses and activities--(i) Must I register to canoe on the 
refuge? Canoeists on the Swanson River and Swan Lake Canoe Routes must 
register at entrance points using the registration forms provided. The 
maximum group size on the Canoe Routes is 15 people. The Refuge Manager 
may authorize larger groups under the terms and conditions of a special 
use permit (FWS Form 3-1383-G).
    (ii) May I use motorized equipment within designated Wilderness 
areas on the refuge? Within the Kenai Wilderness, except as provided in 
this paragraph (i), we prohibit the use of motorized equipment, 
including, but not limited to, chainsaws; generators; power tools; 
powered ice augers; and electric, gas, or diesel power units. We allow 
the use of motorized wheelchairs, when used by those whose disabilities 
require wheelchairs for locomotion. We allow the use of snowmobiles, 
airplanes, and motorboats in designated areas in accordance with the 
regulations in this paragraph (i).
    (iii) May I use non-motorized wheeled vehicles on the refuge? Yes, 
you may use bicycles and other non-motorized wheeled vehicles, but only 
on refuge roads and rights-of-way designated for public vehicular 
access. In addition, you may use non-motorized, hand-operated, wheeled 
game carts, specifically manufactured for such purpose, to transport 
meat of legally harvested big game on designated industrial roads 
closed to public vehicular access. Information on these designated 
roads is available from Refuge Headquarters. Further, you may use a 
wheelchair if you have a disability that requires its use for 
locomotion.
    (iv) May I ride or use horses, mules, or other domestic animals as 
packstock on the refuge? Yes, as authorized under State law, except on 
the Fuller Lakes Trail and on all trails within the Skilak Wildlife 
Recreation Area and the Refuge Headquarters area. All animals used as 
packstock must remain in the immediate control of the owner, or his/her 
designee. All hay and feed used on the refuge for domestic stock and 
sled dogs must be certified under the State of Alaska's Weed Free 
Forage certification program.
    (v) Are pets allowed on the refuge? Yes, pets are allowed, but you 
must be in control of your pet(s) at all times. Pets in developed 
campgrounds and parking lots must be on a leash that is no longer than 
9 feet in length. Pets are not allowed on hiking and ski trails in the 
Refuge Headquarters area.

[[Page 27047]]

    (vi) May I cut firewood on the refuge? The Refuge Manager may open 
designated areas of the refuge for firewood cutting. You may cut and/or 
remove firewood only for personal, noncommercial use, and only as 
authorized under the terms and conditions of a special use permit (FWS 
Form 3-1383-G) issued by the Refuge Manager.
    (vii) May I cut Christmas trees on the refuge? You may cut one 
spruce tree per household per year no larger than 20 feet in height 
from Thanksgiving through Christmas Day. Trees may be taken anywhere on 
the refuge, except that we prohibit taking trees from within the 2-
square-mile Refuge Headquarters area on Ski Hill Road. Trees must be 
harvested with hand tools, and must be at least 150 feet from roads, 
trails, campgrounds, picnic areas, and waterways (lakes, rivers, 
streams, or ponds). Stumps from harvested trees must be trimmed to less 
than 6 inches in height.
    (viii) May I pick berries and other edible plants on the refuge? 
You may pick and possess unlimited quantities of berries, mushrooms, 
and other edible plants for personal, noncommercial use.
    (ix) May I collect shed antlers on the refuge? You may collect and 
keep up to eight (8) naturally shed moose and/or caribou antlers 
annually for personal, noncommercial use. You may collect no more than 
two (2) shed antlers per day.
    (x) May I leave personal property on the refuge? You may not leave 
personal property unattended longer than 72 hours unless in a 
designated area or as authorized under the terms and conditions of a 
special use permit (FWS Form 3-1383-G) issued by the Refuge Manager. 
However, refuge visitors involved in approved, extended overnight 
activities, including hunting, fishing, and camping, may leave personal 
property unattended during their continuous stay, but in no case longer 
than 14 days.
    (xi) If I find research marking devices, what do I do? You must 
return any radio transmitter collars, neck and leg bands, ear tags, or 
other fish and wildlife marking devices found or recovered from fish 
and wildlife on the refuge within 5 days of leaving the refuge to the 
Refuge Manager or the Alaska Department of Fish and Game.
    (xii) Are there special regulations for alcoholic beverages? In 
addition to the provisions of 50 CFR 27.81, anyone under the age of 21 
years may not knowingly consume, possess, or control alcoholic 
beverages on the refuge in violation of State of Alaska law or 
regulations.
    (xiii) Are there special regulations for public gatherings on the 
refuge? In addition to the provisions of 50 CFR 26.36, a special use 
permit (FWS Form 3-1383-G) is required for any outdoor public gathering 
of more than 20 persons.
    (10) Areas of the refuge closed to public use. (i) From March 15 
through September 30, you may not approach within 100 yards of, or walk 
on or otherwise occupy, the rock outcrop islands in Skilak Lake 
traditionally used by nesting cormorants and gulls. A map depicting the 
closure is available from the Refuge Headquarters.
    (ii) Headquarters Lake, adjacent to the Kenai Refuge Headquarters 
area, is closed to boating.
    (11) Area-specific regulations for the Russian River Special 
Management Area. The Russian River Special Management Area includes all 
refuge lands and waters within \1/4\ mile of the eastern refuge 
boundary along the Russian River from the upstream end of the fish 
ladder at Russian River Falls downstream to the confluence with the 
Kenai River, and within \1/4\ mile of the Kenai River from the eastern 
refuge boundary downstream to the upstream side of the powerline 
crossing at river mile 73, and areas managed by the refuge under 
memorandum of understanding or lease agreement at the Sportsman Landing 
facility. In the Russian River Special Management Area:
    (i) While recreating on or along the Russian and Kenai rivers, you 
must closely attend or acceptably store all attractants, and all 
equipment used to transport attractants (such as backpacks and coolers) 
at all times. Attractants are any substance, natural or manmade, 
including but not limited to, items of food, beverage, personal 
hygiene, or odiferous refuse that may draw, entice, or otherwise cause 
a bear or other wildlife to approach. Closely attend means to retain on 
the person or within the person's immediate control and in no case more 
than 3 feet from the person. Acceptably store means to lock within a 
commercially produced and certified bear-resistant container.
    (ii) While recreating on or along the Russian and Kenai rivers, you 
must closely attend or acceptably store all lawfully retained fish at 
all times. Closely attend means to keep within view of the person and 
be near enough for the person to quickly retrieve, and in no case more 
than 12 feet from the person. Acceptably store means to lock within a 
commercially produced and certified bear-resistant container.
    (iii) We prohibit overnight camping except in designated camping 
facilities at the Russian River Ferry and Sportsman's Landing parking 
areas. Campers may not spend more than 2 consecutive days at these 
designated camping facilities.
    (iv) You may start or maintain a fire only in designated camping 
facilities at the Russian River Ferry and Sportsman's Landing parking 
areas, and then only in portable, self-contained, metal fire grills, or 
in the permanent fire grates provided. We prohibit moving a permanent 
fire grill or grate to a new location. You must completely extinguish 
(put out cold) all campfires before permanently leaving your campsite.
    (12) Area-specific regulations for the Moose Range Meadows 
Subdivision non-development and public use easements. (i) Where the 
refuge administers two variable width, non-development easements held 
by the United States and overlaying private lands within the Moose 
Range Meadows Subdivision on either shore of the Kenai River between 
river miles 25.1 and 28.1, you may not erect any building or structure 
of any kind; remove or disturb gravel, topsoil, peat, or organic 
material; remove or disturb any tree, shrub, or plant material of any 
kind; start a fire; or use a motorized vehicle of any kind (except a 
wheelchair occupied by a person with a disability), unless such use is 
authorized under the terms and conditions of a special use permit (FWS 
Form 3-1383-G) issued by the Refuge Manager.
    (ii) Where the refuge administers two 25-foot-wide public use 
easements held by the United States and overlaying private lands within 
the Moose Range Meadows Subdivision on either shore of the Kenai River 
between river miles 25.1 and 28.1, we allow public entry subject to 
applicable Federal regulations and the following provisions:
    (A) You may walk upon or along, fish from, or launch or beach a 
boat upon an area 25 feet upland of ordinary high water, provided that 
no vehicles (except wheelchairs) are used. We prohibit non-emergency 
camping, structure construction, and brush or tree cutting within the 
easements.
    (B) From July 1 to August 15, you may not use or access any portion 
of the 25-foot-wide public easements or the three designated public 
easement trails located parallel to the Homer Electric Association 
Right-of-Way from Funny River Road and Keystone Drive to the downstream 
limits of the public use easements. Maps depicting the seasonal closure 
are available from Refuge Headquarters.
    (13) Area-specific regulations for Alaska Native Claims Settlement 
Act

[[Page 27048]]

Section 17(b) easements. Where the refuge administers Alaska Native 
Claims Settlement Act Section 17(b) easements to provide access to 
refuge lands, no person may block, alter, or destroy any section of the 
road, trail, or undeveloped easement, unless such use is authorized 
under the terms and conditions of a special use permit (FWS Form 3-
1383-G) issued by the Refuge Manager. No person may interfere with 
lawful use of the easement or create a public safety hazard on the 
easement. Section 17(b) easements are depicted on a map available from 
Refuge Headquarters.
* * * * *

    Dated: April 12, 2016.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-10288 Filed 5-4-16; 8:45 am]
 BILLING CODE 4333-15-P