[Federal Register: April 12, 2004 (Volume 69, Number 70)]
[Notices]
[Page 19220-19221]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap04-80]
[[Page 19220]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
[OR 125 and 128 -6334 PD; HAG 4-0104]
Seasonal Restrictions on Public Access to Federal Lands on the
North Spit of Coos Bay and the New River Area of Critical Environmental
Concern
AGENCIES: USDI, Bureau of Land Management, Coos Bay District, Umpqua
and Myrtlewood Resource Areas, North Bend, Oregon; Department of
Defense, U.S. Army Corps of Engineers, Coos Bay Field Office, Coos Bay,
Oregon.
ACTION: Supplemental rule; seasonal closure.
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SUMMARY: This document seasonally restricts public access to certain
lands managed by the BLM and the ACOE in Coos County, and lands managed
by the BLM in Curry County, Oregon to protect the threatened population
of Western Snowy Plovers from motorized and nonmotorized recreational
use during their nesting season (15 March-15 September).
EFFECTIVE DATE: April 12, 2004.
ADDRESSES: Mail or personal delivery: District Manager, Bureau of Land
Management, Coos Bay District, 1300 Airport Lane, North Bend, Oregon
97459. Email: coos_bay@or.blm.gov.
FOR FURTHER INFORMATION CONTACT: Alan Hoffmeister, Bureau of Land
Management, Coos Bay District, 1300 Airport Lane, North Bend, Oregon
97459. Telephone: (541) 756-0100. Persons who use a telecommunications
device for the deaf (TDD) may contact this individual by calling the
Federal Information Relay Service (FIRS) at (800) 877-8339, 24 hours a
day, 7 days a week.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Procedural Matters
IV. Closure
I. Public Comment Procedures
The BLM and ACOE find good cause to publish this closure notice
effective upon publication, without providing for public comment, due
to the immediate need to protect the Oregon coast population of
threatened Western Snowy Plovers from recreational impacts during their
nesting season. Western Snowy Plovers are very sensitive to disturbance
and their cryptic eggs and young are easily trampled by unsuspecting
visitors. The Coos Bay North Spit is the most important nesting area
for Western Snowy Plovers on the Oregon coast and the loss of even a
single nest at this site is considered significant under the Endangered
Species Act. Lands managed by the BLM for Western Snowy Plovers at the
New River ACEC are also vital for the recovery of this species in
Oregon.
II. Background
The Pacific coast population of the Western Snowy Plover was listed
as a Federally Threatened species on March 5, 1993, pursuant to the
Endangered Species Act of 1973, as amended. Beach access restrictions
are necessary to protect Western Snowy Plovers, their nests and young,
and to comply with the Endangered Species Act and the U.S. Fish and
Wildlife Service's Biological Opinion (BO) 1-7-00-F-421. The BO was
prepared in response to the BLM's request for formal consultation on
its Biological Assessment for Management of Federal Lands on the North
Spit of Coos Bay During the 2000-2001 Western Snowy Plover Nesting
Seasons (USDI 2000). The BO states that recreational activity within
and adjacent to Western Snowy Plover areas can have significant adverse
impacts to plovers, and concurred with BLM's proposed seasonal
restrictions to be published in the Federal Register. Previous Federal
Register notices, published in 1999 after the grounding of the New
Carissa and its subsequent oil spill, restricted access to all or part
of the beach and inland areas managed by the Bureau of Land Management
on the North Spit of Coos Bay (64 FR 7904, Feb. 17, 1999; 64 FR 16479,
April 5, 1999; 64 FR 45562, Aug. 20, 1999). These restrictions were
implemented for public safety and the need to reduce disturbance to
breeding and wintering Western Snowy Plovers during the lengthy clean-
up process that followed the grounding of the New Carissa. A new notice
is now warranted.
A previous notice for the New River area (16108 FR 61, April 11,
1996) restricted access only at the Floras Lake plover nest site. Based
on current nest distribution, further restrictions are necessary for
beaches and Habitat Restoration Area (HRAs) within the New River Area
of Critical Environmental Concern (ACEC), and to comply with the New
River ACEC Management Plan, the Endangered Species Act, and BLM Manual
6840.
III. Procedural Matters
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The proposed rule does not represent a government action capable of
interfering with constitutionally protected property rights. The lands
described in this rule are only those public lands managed by either
the BLM or the ACOE. Therefore, the Department of the Interior has
determined that the rule would not cause a taking of private property
or require further discussion of takings implications under this
Executive Order.
Executive Order 13132, Federalism [Replaces Executive Orders 12612 and
13083]
The proposed rule will not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. This rule is in accordance with rules
enforced by the State of Oregon for the lands in the North Spit and the
Sixes River that are under the state's authority and jurisdiction.
Therefore, in accordance with Executive Order 13132, BLM has determined
that this proposed rule does not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Office of the Solicitor has
determined that this proposed rule would not unduly burden the judicial
system and that it meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments [Replaces Executive Order 13084]
In accordance with Executive Order 13175, we have found that this
final rule does not include policies that have tribal implications.
Paperwork Reduction Act
These supplementary rules do not contain information collection
requirements that the Office of Management and Budget must approve
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
IV. Closure
Pursuant to 43 CFR 3864.1 and 36 CFR 327.12(a), notice is hereby
given
[[Page 19221]]
that the BLM and the ACOE are seasonally restricting access to portions
of public lands. On the North Spit of Coos Bay, public access to the
Western Snowy Plover HRAs is to be seasonally restricted as follows:
the inland Western Snowy Plover HRAs totaling approximately 175 acres
located in T. 25 S., R. 14 W., Sections 23, 24, 25, 26 and 35 are to be
closed to all public access during the plover breeding season, 15
March-15 September. During the remaining portions of the year (16
September-14 March), these areas are open to non-vehicular recreational
use, except for the fenced 1994 HRA and South Spoils area located in
section 35. Also closed to all public access during the plover breeding
season, 15 March-15 September, is the dry upper portion of the beach
(above the mean high tide line) between the Federal Aviation
Administration (FAA) tower and a point approximately 200 yards north of
the Coos Bay North Jetty to the deflation plain east of the foredune
(approx. 78 acres) located in T. 25 S., R. 14 W. Sections 13, 23, 24,
26 and 35. During the closure period, the area will be clearly posted.
During the remaining portions of the year (16 September-14 March),
these beach areas are open for recreational use, including motorized
vehicles.
In addition to the above areas, this notice revises previously
published access restrictions to public lands administered by the BLM
within the New River Area of Critical Environmental Concern (ACEC).
Public access to Western Snowy Plover nesting areas within the ACEC
shall be seasonally restricted as follows: The dry upper portion of the
beach (above the mean high tide line) to the deflation plain east of
the foredune located in the north 0.4 mile of T. 31 S., R. 15 W.,
Section 8, and the dry upper portion of the beach (above the mean high
tide line) to the deflation plain east of the foredune located in T. 30
S., R. 15 W., Sections 3, 10, 15, 21, 22, 28, 32, and 33. Also closed
to public access during the plover breeding season is the Western Snowy
Plover HRA on the New River Spit located in T. 30 S., R. 15 W.,
Sections 3, 10, 15, 21, 22, including untreated plover habitat in
Sections 21, 28, 32, and 33. All Western Snowy Plover habitat listed
above shall be closed to all public access during the plover breeding
season, 15 March-15 September with the exception of BLM land located in
the south 0.6 miles of T. 31 S., R. 15 W., Section 8, and the south
0.25 mile of T. 30 S., R. 15 W., Section 28. In the event that plovers
nest on BLM lands within the New River ACEC not closed by this notice,
BLM will exclose the nest(s), post the immediate area closed, and rope
around it to limit disturbance. During the remaining portions of the
year (16 September-14 March), these areas are open to non-vehicular
public use.
Closure signs will be posted at main entry points to all locations
affected by this Notice. Maps of the closure areas and further
information may be obtained from the Coos Bay District Office. The
described seasonal closures will remain in effect annually until
further notice.
Under the authority found in 43 U.S.C. 1733, and 43 CFR 8364.1, the
Bureau of Land Management will enforce the following rules on public
lands in the area known as North Spit and New River; and under 16
U.S.C. 460d, and 36 CFR 327.12(a) the U.S. Army Corps of Engineers will
enforce the following rules on lands administered by the U.S. Army
Corps of Engineers in the area known as North Spit:
Supplemental Rules for North Spit and New River
Sec. 1 Prohibited acts.
(a) Prohibited acts. During the posted dates and within the
closed areas, you must not:
(1) Operate any motorized vehicle.
(2) Enter by any non-motorized means, including but not limited
to foot, bicycle, off road vehicle, horse, or non-powered aircraft.
(3) Discharge any firearm.
(4) Start, build or maintain any fire.
(5) Light or discharge any fireworks or incendiary devices.
(b) Exemptions. The following are exempt from prosecution under
the prohibited acts:
1. Any person operating a motorized vehicle on a publicly
maintained State or County road;
2. Any Federal, State or local officer or employee in the scope
of their duties;
3. Members of any organized rescue or fire-fighting force in the
performance of official duty; and
4. Any person authorized in writing by BLM.
Sec. 2 Penalties.
On public lands fitting the criteria in the Sikes Act (16 U.S.C.
670), under section 303(a) of the Federal Land Policy and Management
Act of 1976, 43 U.S.C. 1733(a) and 16 U.S.C. 670j(a)(2). If you
violate any of these supplementary rules on public lands within the
boundaries established in the rules, you may be tried before a
United States Magistrate and fined no more than $500 or imprisoned
for no more than six months, or both. Such violations may also be
subject to the enhanced fines provided for by 18 U.S.C. 3571.
On all public lands under section 303(a) of the Federal Land Policy
and Management Act of 1976, 43 U.S.C. 1733(a) and 43 CFR 8360.0-7 if
you violate any of these supplementary rules on public lands within the
boundaries established in the rules, you may be tried before a United
States Magistrate and fined no more than $1,000 or imprisoned for no
more than 12 months, or both. Such violations may also be subject to
the enhanced fines provided for by 18 U.S.C. 3571.
On lands managed by the U.S. Army Corps of Engineers under 16
U.S.C. 460d and 36 CFR 327.25 if you violate any of these supplementary
rules, you may be fined no more than $500 or imprisoned for not more
than six months, or both. Such violations may also be subject to the
enhanced fines provided for by 18 U.S.C. 3571.
Judy E. Nelson,
Acting Associate State Director, Oregon/Washington Bureau of Land
Management.
Charles S. Markham,
Lieutenant Colonel, EN, Acting Commander, U.S. Army Corps of Engineers.
[FR Doc. 04-8156 Filed 4-9-04; 8:45 am]
BILLING CODE 4310-33-P