Refuge-Specific Regulations; Public Use; Kenai National Wildlife Refuge, 64106-64107 [2020-21981]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Proposed Rules]
[Pages 64106-64107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21981]



[[Page 64106]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 36

[Docket No. FWS-R7-NWRS-2017-0058; FXRS12650700000 201 FF07R06000]
RIN 1018-BC74


Refuge-Specific Regulations; Public Use; Kenai National Wildlife 
Refuge

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of public comment period, and 
announcement of a public hearing.

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SUMMARY: We, the U.S. Fish and Wildlife Service, are reopening the 
public comment period and announcing a public hearing on our recently 
published proposed rule to amend our public use regulations for Kenai 
National Wildlife Refuge (NWR) to allow State-regulated trapping, 
harvest of brown bears over bait, discharge of firearms along the Kenai 
and Russian Rivers during certain times of the year in accordance with 
State law, increased access for the public using bicycles and game 
carts, and the use of snowmobiles, all-terrain vehicles, and utility 
task vehicles on certain lakes when there is adequate snow and ice 
cover. This action will provide all interested parties additional time 
and opportunity to comment on the proposed rule. Comments previously 
submitted need not be resubmitted and will be fully considered in 
preparation of the final rule.

DATES: Written comments: The comment period on the proposed rule that 
published June 11, 2020 (85 FR 35628), is reopened. We will accept 
comments received or postmarked on or before November 9, 2020. Please 
note that comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. Eastern Time on the closing date, and comments submitted by U.S. 
mail must be postmarked by that date to ensure consideration.
    Public hearing: We are holding a public hearing via teleconference 
and over the internet so that participants can attend remotely on 
October 26, 2020 beginning at 4 p.m. Alaska Daylight Time (AKDT).

ADDRESSES: Availability of documents: You may obtain copies of the June 
11, 2020, proposed rule and associated documents on the internet at 
https://www.regulations.gov under Docket No. FWS-R7-NWRS-2017-0058.
    Written comments: You may submit written comments by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. Search for FWS-R7-NWRS-2017-0058, which is the 
docket number for the proposed rule. You may submit a comment by 
clicking on ``Comment Now!'' Please ensure you have found the correct 
document before submitting your comments. If your comments will fit in 
the provided comment box, please use this feature of https://www.regulations.gov, as it is most compatible with our comment review 
procedures. If you attach your comments as a separate document, our 
preferred file format is Microsoft Word. If you attach multiple 
comments (such as form letters), our preferred format is a spreadsheet 
in Microsoft Excel.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R7-NWRS-2017-0058, U.S. Fish and 
Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 
22041-3803.
    (3) At the public hearing: There will be an opportunity for you to 
provide oral public comment by telephone or webinar. See Public 
Hearing, below, for more information.
    We request that you submit comments only by the methods described 
above. We will post all comments we receive on https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Public Comments, below, for 
more information).

FOR FURTHER INFORMATION CONTACT: Andy Loranger, Refuge Manager, Kenai 
National Wildlife Refuge, 1 Skihill Road, Soldotna, AK 99669; 
telephone: 907-262-7021. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    Refuge management is governed by Federal laws, such as the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-
668ee), as amended (Refuge Administration Act); the National Wildlife 
Refuge System Improvement Act of 1997 (Pub. L. 105-57), which amended 
the Refuge Administration Act; and the Alaska National Interest Lands 
Conservation Act of 1980 (Pub. L. 96-487); by regulations implementing 
these laws; by treaties; by Service policy; and by principles of sound 
resource management that establish standards for resource management or 
limit the range of potential activities (e.g., visitor use 
opportunities administered via special use permitting) that may be 
allowed on the Refuge.
    On June 11, 2020, we published a proposed rule (85 FR 35628) to 
revise the public use regulations for Kenai NWR. This proposed rule 
addresses interests raised by the State of Alaska regarding the 
management of Alaska National Wildlife Refuges. Federal regulations 
regarding these refuges are found in title 50 of the Code of Federal 
Regulations (CFR) at part 36; the public use regulations for Kenai NWR 
are set forth at 50 CFR 36.39(i). The proposed rule's regulatory 
changes include allowing the harvest of brown bears at registered bait 
stations, allowing for trapping under State law without a Federal 
permit, allowing the discharge of firearms along the Kenai and Russian 
Rivers at certain times of year, increasing access by bicycles and game 
carts, and allowing snowmobiles, all-terrain vehicles, and utility task 
vehicles on certain lakes when there is adequate snow and ice cover. 
The purpose of the proposed rule is to align public use regulations on 
Kenai NWR with State of Alaska regulations, align Service and State 
management of fish and wildlife to the extent practicable and 
consistent with Federal law, enhance consistency with harvest 
regulations on adjacent non-Federal lands and waters, and increase 
access to Federal lands in furtherance of Secretarial Orders 3347 and 
3356.
    The June 11, 2020, proposed rule had a 60-day public comment 
period, ending August 10, 2020. During the comment period for the 
proposed rule, we received several requests for both extension of the 
public comment period and a public hearing. We are, therefore, 
reopening the comment period on our June 11, 2020, proposed rule (see 
DATES, above), to hold a public hearing as required by Service 
regulations at 50 CFR 36.42(g) for opening public uses otherwise 
prohibited on National Wildlife Refuges in Alaska and to allow the 
public additional opportunity to provide comments on our proposal.
    For a description of previous Federal actions concerning refuge-
specific regulations for Kenai NWR, please refer to the June 11, 2020, 
proposed rule (85 FR 35628).

Public Comments

    We will accept comments and information during this reopened 
comment period on our June 11, 2020, proposed rule to revise the public 
use regulations for Kenai NWR. It is the policy of the Department of 
the Interior, whenever practicable, to afford the

[[Page 64107]]

public an opportunity to participate in the rulemaking process. 
Accordingly, we will accept written comments and information from all 
interested parties during the reopened comment period (see DATES) on 
the provisions in the proposed rule, as well as other provisions of 50 
CFR 36.39(i). We are soliciting public comment and supporting data to 
gain information on the draft environmental assessment and the proposed 
rule. In addition, we are soliciting information that would help inform 
the Service's regulatory impacts analysis, such as costs and benefits 
and trade-offs associated with the proposed changes to the Kenai NWR 
public use regulations. As a specific example, we are soliciting 
information or data that would help the Service quantify the effects of 
increasing opportunities for consumptive uses, such as brown bear 
hunting through the proposed allowance of hunting this species over 
bait on opportunities for non-consumptive uses, such as viewing and 
photography of brown bears on Kenai NWR, including any economic impacts 
which might result.
    We will consider information and recommendations we received during 
the original comment period, as well as those that we receive during 
this reopened comment period, in our final determination on the June 
11, 2020, proposed rule. If you already submitted comments or 
information on the June 11, 2020, proposed rule, please do not resubmit 
them. Any such comments are incorporated as part of the public record 
of the rulemaking proceeding, and we will fully consider them in the 
preparation of our final determination.
    You may submit your comments and materials by one of the methods 
listed in ADDRESSES. We request that you send comments only by the 
methods described in ADDRESSES. Please see DATES, ADDRESSES, and Public 
Hearing in this document for information on providing your comments 
through verbal testimony during the public hearing.
    If you submit information via https://www.regulations.gov, your 
entire submission--including your personal identifying information--
will be posted on the website. If your submission is made via a 
hardcopy that includes personal identifying information, you may 
request at the top of your document that we withhold this information 
from public review. However, we cannot guarantee that we will be able 
to do so. We will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov at Docket 
No. FWS-R7-NWRS-2017-0058.
    Our final determination concerning the June 11, 2020, proposed 
action will take into consideration all written comments we receive 
during the open comment periods, and comments we receive during the 
public hearing. These comments will be included in the public record 
for this rulemaking, and we will fully consider them in the preparation 
of our final determination.

Public Hearing

    We are holding a public hearing on the date listed in DATES. We are 
holding the hearing via teleconference and over the internet so that 
participants can attend remotely. For security purposes, registration 
is required. To listen to the meeting by telephone, listen and view 
through the internet, or provide oral public comments by telephone or 
webinar, you must register. Please see the Kenai National Wildlife 
Refuge website at https://www.fws.gov/refuge/Kenai/visit/rules_and_regulations.html for information on how to register. 
Registrants will receive the telephone number and internet address for 
the public hearing.
    We are holding the public hearing to provide interested parties an 
opportunity to learn about and present verbal testimony (formal, oral 
comments) regarding the June 11, 2020 (85 FR 35628), proposed rule to 
revise the public use regulations on Kenai NWR. A public hearing is 
not, however, an opportunity for individual dialogue with the Service 
or its contractors; it is most importantly a forum for accepting formal 
verbal testimony. In the event there is a large attendance, the time 
allotted for oral statements may be limited. Therefore, anyone wishing 
to make an oral statement at the public hearing for the record is 
encouraged to provide a prepared written copy of their statement to us 
through the Federal eRulemaking Portal, U.S. mail, or hand-delivery 
(see ADDRESSES, above). There are no limits on the length of written 
comments submitted to us. Anyone wishing to make an oral statement at 
the public hearing must register before the hearing on the Kenai 
National Wildlife Refuge website at https://www.fws.gov/refuge/Kenai/visit/rules_and_regulations.html.
    The U.S. Fish and Wildlife Service is committed to providing access 
to this teleconference/webinar for all participants. Persons with 
disabilities requiring reasonable accommodations to participate in the 
public hearing should contact the Kenai NWR (see FOR FURTHER 
INFORMATION CONTACT). Reasonable accommodation requests should be 
received at least 3 business days prior to the hearing to help ensure 
availability.

Authors

    The primary authors of this document are the National Wildlife 
Refuge System staff of the Alaska Regional Office, U.S. Fish and 
Wildlife Service.

Authority

    The authorities for this action are the National Wildlife Refuge 
System Administration Act of 1966 (16 U.S.C. 668dd-668ee), as amended; 
the National Wildlife Refuge System Improvement Act of 1997 (Pub. L. 
105-57); and the Alaska National Interest Lands Conservation Act of 
1980 (Pub. L. 96-487).

George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-21981 Filed 10-8-20; 8:45 am]
BILLING CODE 4333-15-P