[Federal Register Volume 76, Number 55 (Tuesday, March 22, 2011)]
[Proposed Rules]
[Pages 15888-15891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6703]
[[Page 15888]]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD88
Special Regulations; Areas of the National Park System, Cape Cod
National Seashore
AGENCY: National Park Service, Interior.
ACTION: Proposed Rule.
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SUMMARY: The National Park Service (NPS) proposes to amend special
regulations for Cape Cod National Seashore, to allow for a spring-
season hunt for Eastern Wild Turkey. The proposed rule would implement
the Cape Cod National Seashore Hunting Program Environmental Impact
Statement of August 2007.
DATES: Comments must be received by April 21, 2011.
ADDRESSES: You may submit comments, identified by RIN 1024-AD88 by any
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Bob Grant, Chief Ranger, 99 Marconi Site Road,
Wellfleet, MA 02667.
All submissions received must include the agency name and docket
number or Regulation Identifier Number (RIN) 1024-AD88 for this
rulemaking. All comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Bob Grant, Chief Ranger, 99 Marconi
Site Road, Wellfleet, MA 02667; [email protected].
SUPPLEMENTARY INFORMATION:
Description of the Park Area
In 1961 the U.S. Congress established Cape Cod National Seashore
(CACO). In establishing the seashore, Congress directed that the unique
flora and fauna, the physiographic conditions and the historic sites
and structures be permanently preserved, the public enjoyment and
understanding of the unique natural, historic, and scientific features
the seashore be facilitated by establishing trails, observation points,
exhibits and services for the public, and provided that adaptable
portions of the seashore may be managed for camping, swimming, boating,
sailing, hunting, fishing, and other activities of similar nature.
Public Law 87-126, Sec. 7, Aug. 7, 1961, 75 Stat. 291.
The seashore comprises 43,608 acres of shoreline; salt marshes;
clear, deep, freshwater kettle ponds; uplands; as well as a great
diversity of species supported by these habitats. Lighthouses, a life-
saving station, dune shacks, modern and Cape Cod-style houses, cultural
landscapes, and wild cranberry bogs provide a glimpse into Cape Cod's
past and continuing life ways. The Seashore offers six swimming
beaches, eleven self-guiding nature trails, and a variety of picnic
areas and scenic overlooks.
Background
The 1961 legislation establishing CACO allowed the NPS to permit
hunting within the seashore.
The Secretary may permit hunting and fishing, including
shellfishing, on lands and waters under his jurisdiction within the
seashore in such areas and under such regulations as he may
prescribe during open seasons prescribed by applicable local, State
and Federal law. The Secretary shall consult with officials of the
Commonwealth of Massachusetts and any political subdivision thereof
who have jurisdiction of hunting and fishing, including
shellfishing, prior to the issuance of any such regulations, and the
Secretary is authorized to enter into cooperative arrangements with
such officials regarding such hunting and fishing, including
shellfishing, as he may deem desirable. * * * 16 U.S.C. 459b-6(c)
The proposed rule would increase hunting opportunities by expanding
the hunting season to include a spring turkey hunt. Hunting within CACO
that is authorized by NPS regulations is conducted in accordance with
Commonwealth of Massachusetts, Department of Fisheries and Wildlife
(MDFW) regulations. Upland game hunting is currently authorized at CACO
and Eastern Wild Turkey is managed as a native upland game bird by the
MDFW. The existing special regulation prohibits hunting from March 1
through August 31. The proposed rule is necessary because the
Massachusetts spring turkey season generally takes place from late
April to mid or late May when hunting is prohibited by the existing
CACO special regulation. Fall turkey hunting could also be initiated if
MDFW established such a season in its southeast region, but no rule
change would be needed for a fall hunt since the State does not conduct
hunting before September 1.
For many years, CACO cooperated with the MDFW to release ring-
necked pheasants within the seashore to provide a pheasant hunt. In
2002, CACO was sued for failure to follow the National Environmental
Policy Act (NEPA) with respect to the hunting program. In September
2003, the U.S. District Court ordered CACO to prepare a NEPA
environmental assessment of the hunting program. The court also
enjoined the pheasant hunt until CACO completed the NEPA assessment.
National Environmental Policy Act Process
As a result of the court order, CACO initiated and completed a
Final Environmental Impact Statement (FEIS), and Record of Decision
(ROD), on the seashore hunting program.
The goals of the NEPA process were to develop and evaluate several
alternative approaches for managing hunting at CACO that would:
Balance diverse uses of the park while minimizing effects
to wildlife populations, ecosystems, and sustaining natural processes;
Reduce or avoid conflicts during recreational uses of the
park;
Protect natural and cultural resources, cultural heritage,
and recreational values;
Provide opportunities for future generations to enjoy the
natural and cultural resources, cultural heritage, and recreational
values of CACO; and
Develop management solutions that address concerns related
to the current hunting program to ensure diverse and high quality
public experiences.
The chosen alternative as documented by the ROD, was Alternative B--
Develop a Modified Hunting Program.
Through Alternative B, CACO seeks to increase hunting opportunities
for native upland game bird species, including turkey, by establishing
a turkey season generally consistent with MDFW regulations and making
ancillary improvements to upland game bird habitat. The alternative
would phase out pheasant stocking and hunting through adaptive
management actions aimed at improving the availability of native upland
game bird species. Hunting areas would be consolidated and clearly
delineated and educational outreach concerning hunting would be
expanded to hunting and non-hunting users. The NPS and MDFW would
cooperatively monitor and manage game and other species.
Alternative B, implemented in part through the proposed rule, will
increase hunting opportunities for native upland
[[Page 15889]]
game bird species. Eastern Wild Turkeys and Northern Bobwhite Quail are
native species that were traditionally hunted on Cape Cod. Both turkeys
and quail were extirpated from Cape Cod and other parts of New England
in the past, but populations have now been restored to the point where
MDFW has allowed hunting for some time.
The proposed rule will restore opportunities to hunt turkey by
modifying the dates when turkey hunting is allowed within CACO, but
does not expand hunting for any other species. Fall turkey hunting will
also be allowed within CACO if MDFW establishes a fall season for the
MDFW Southeast Region, which includes CACO.
Due to the limited turkey habitat within CACO, turkey hunting will
be a controlled hunt, limiting the number of hunters, and will require
hunters to obtain a NPS permit. Issuance of the permits may be managed
through a lottery system. Specific areas will be designated as open to
turkey hunting, generally for two to four weeks during the MDFW
designated season. Continuation of this program will be based on
monitoring of the annual hunt by MDFW, and responsive management, to
ensure NPS goals regarding natural resource protection, visitor
experience, and safety are met.
Alternative B requires the NPS to designate areas where hunting is
permitted, replacing the current policy that allows hunting in all
areas except where specifically prohibited (which had been designated
by the posting of signs and maps). Some small patches of land that are
of only minimal value for hunting will be closed to hunting. The no-
hunting buffer adjacent to bike paths will be increased from 150 feet
to 500 feet. Hunting areas may be further adjusted if necessary to meet
public safety needs, and any changes will be made through the authority
of the rule, and published in the superintendent's compendium. These
changes will provide added protection for visitors using the bike
paths; should result in more predictable areas where hunting activity
is likely to be encountered; and will provide consistent buffers for
hunting set-backs from roads, buildings, and bike paths. Further, the
changes will facilitate more efficient monitoring by law enforcement
staff and will minimally reduce hunting opportunities. Maps of the
areas where hunting is allowed, along with applicable CACO and MDFW
regulations, will be made readily available at various locations within
CACO, and will be integrated into educational outreach materials.
Updating the 1984 Special Regulation
CACO's hunting program has generally followed the Commonwealth of
Massachusetts' program, administered by the MDFW, with additional
specific provisions or restrictions as necessary to meet park
objectives and NPS policies. CACO regards MDFW as a key expert agency,
with the State and region-wide perspective important for determining
hunting seasons, bag limits, and other elements of a sound hunting
program. As a result, management of hunting at CACO is best
accomplished through close coordination between CACO and MDFW. CACO has
adopted many of the State's regulations without additional
restrictions, although the ultimate responsibility for developing and
managing an appropriate hunting program for CACO rests with the NPS.
The current special regulation controlling hunting at CACO was
promulgated through a proposed and final rule (48 FR 56971, December
27, 1983; and 49 FR 18442, April 30, 1984). That rulemaking recognized
that the superintendent needed the discretion afforded by 36 CFR 1.5,
Closures and public use limits, to designate appropriate locations
where hunting is allowed, and to impose reasonable limits or
restrictions necessary to address park specific issues such as public
safety, resource protection and visitor use concerns. The proposed rule
would authorize a new hunt during a time that previously was closed to
hunting. It also creates a CACO-specific discretionary authority for
the superintendent, consistent with the public notice requirement of 36
CFR 1.7, to require permits where appropriate and ensure that potential
park specific issues such as public safety, resource protection, and
visitor use can be addressed should they arise.
For example, at the time the FEIS (July 2007) and the ROD
(September 2007), were completed, the MDFW had a two week spring turkey
hunting season, at the end of April to early May. The FEIS/ROD
statements of being ``consistent with'' the State season and ``expand
CACO's hunting season to accommodate the State's spring turkey hunt''
was written in the context of the two week season. Since that date, the
State has expanded its spring turkey season from two to four weeks,
ending in late May. Due to possible user conflicts that may arise in
late May, the CACO superintendent, using discretionary authority of the
rule, will set the closing date of the season. CACO will strive to be
consistent with the MDFW's turkey season dates, to avoid confusion,
however the superintendent will have the discretion to adjust CACO's
closing date, based on factors such as safety, use patterns, and the
park's best interest.
Other locations within Massachusetts, such as the Massachusetts
Military Reservation, have their own special regulations that have
different dates than the standard dates/times established by the MDFW,
in order to authorize hunting activities that are compatible with their
land management concerns. The superintendent's discretion in this case
would be similar to this established practice. The public will be
notified of the spring turkey closing date, and other special
conditions for the CACO hunting program, which will also be published
in the superintendent's compendium.
Reduced Public Comment Period
The NPS intends the public be given the greatest possible
opportunity to comment, while simultaneously recognizing that a delay
in the rulemaking process is impracticable, and will not allow
sufficient time to establish a spring 2011 turkey season, consistent
with the start date identified by the State of Massachusetts for
Wildlife Management Zone 12 (which includes CACO). Further, if there is
a delay in the rulemaking process, CACO and the MDFW will not have
sufficient time to notify the public of the regulatory change.
The proposed rule follows an extensive environmental analysis
process described below, which concluded with the publication of a
Final Environmental Impact Statement and subsequent Record of Decision
that allows for implementation of this rule. The environmental analysis
included a series of public meetings and a 60-day period for comment.
The comments received from the public were considered while evaluating
the alternatives in the FEIS resulting in the selection of Alternative
B, which included establishing turkey hunting consistent with MDFW
regulations. In developing the rule, the NPS consulted with the MDFW,
which strongly supports a spring 2011 season. The National Wild Turkey
Federation and more than a dozen Cape Cod sporting groups in the
Barnstable League, including among others, the Highland Fish and Game
Club, the Brewster Rod and Gun Club and the Bass River Rod and Gun
Club, have also collectively strongly urged the NPS to initiate a
turkey season this spring.
Finally, the failure to establish a spring 2011 season will have a
direct negative effect on the economy of the
[[Page 15890]]
local communities as a result of lost sales of goods and services to
turkey hunters. The NPS therefore finds that timely action is required,
and consistent with 318 DM 5, is reducing the public comment period
from 60 to 30 days.
Compliance With Other Laws and Executive Orders
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and the Office of
Management and Budget has not reviewed this rule under Executive Order
12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. This is an
agency specific rule.
(3) This rule does not alter the budgetary effects of entitlements,
grants, user-fees, or loan programs or the rights or obligations of
their recipients.
(4) This rule does not raise novel legal or policy issues. The rule
meets the requirements of the NPS general regulations at 36 CFR
2.2(b)(2).
Regulatory Flexibility Act (RFA)
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act, (5 U.S.C. 601 et seq.).
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or
more. The rule will benefit small businesses in the local communities
through the sale of goods and services to turkey hunters.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. The rule will not impose restrictions
on business in the local communities in the form of fees, recordkeeping
or other requirements that would increase costs.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act (UMRA)
This rule does not impose an unfunded mandate on State, local, or
Tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or Tribal governments or the private sector. A statement
containing the information required by the UMRA (2 U.S.C. 1531 et seq.)
is not required.
Takings (Executive Order 12630)
Under the criteria in Executive Order 12630, this rule does not
have significant takings implications. A takings implication assessment
is not required.
Federalism (Executive Order 13132)
Under the criteria in Executive Order 13132, the rule sufficient
federalism implications to warrant the preparation of a Federalism
summary impact statement. A Federalism summary impact statement is not
required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically this rule:
(a) Meets the requirements of section 3(a) requiring all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (Executive Order 13175)
Under the criteria in Executive Order 13175 we have evaluated this
rule and determined that it has no potential effects on Federally
recognized Indian Tribes.
Paperwork Reduction Act (PRA)
This rule does not contain information collection requirements and
a submission under the PRA is not required. An individual seeking a NPS
turkey hunting permit will only be required to present a drivers
license, vehicle registration and Massachusetts State Hunting license,
to ensure compliance with legal requirements, to verify the identity of
the applicants and facilitate management of emergent or other incidents
if they occur. OMB regulations at 5 CFR 1320.3(h) define this action as
an exemption to the requirements of the PRA.
National Environmental Policy Act (NEPA)
This rule implements a portion of a major Federal action
significantly affecting the quality of the human environment. CACO
formally initiated the NEPA process with a Notice of Intent (NOI) to
prepare an Environmental Impact Statement (EIS) on the Cape Cod
National Seashore Hunting Program. CACO published the NOI in the
Federal Register on June 21, 2004. A series of public and agency
scoping meetings followed to solicit input on hunting in the park from
American Indian Tribes, Federal and State agencies and local towns, the
public and interested groups. Using the information gathered during the
scoping process, CACO prepared a Draft Environmental Impact Statement
(Draft EIS) for public review and comment.
The comment period opened on April 21, 2006, with the Environmental
Protection Agency's publication of a Notice of Availability (NOA) in
the Federal Register, and closed on June 19, 2006, 60 days later. Two
public meetings were held during the 60-day review period to receive
oral comment. The availability of the Draft EIS and the dates and times
of the public meetings were also publicized through a second NOA
published by the NPS in the Federal Register on May 10, 2006, and
through press releases sent to local newspapers and radio stations.
Over 200 comments were received on the Draft EIS. These comments were
used to improve the Draft and produce the Final EIS.
Completion of the Final EIS was noticed in the Federal Register by
the DOI and EPA on August 7 and August 10, 2007, respectively. The
Record of Decision (ROD) was signed on September 18, 2007. The chosen
alternative was Alternative B--Develop a Modified Hunting Program. The
Final EIS and ROD may be reviewed at: http://www.nps.gov/caco/parkmgmt/planning.
Information Quality Act (IQA)
In developing this rule we did not conduct or use a study,
experiment or survey requiring peer review under the Information
Quality Act (Pub. L. 106-554).
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A statement of Energy Effects is not
required.
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Clarity of This Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
Drafting Information
The primary authors of this regulation were Stephen Prokop, former
Chief Ranger CACO; Bob Grant, Chief Ranger CACO; Carrie Phillips,
former Chief of Resources Management, CACO; Robin Lepore, Office of the
Regional Solicitor, Department of the Interior; Philip A. Selleck,
Associate Regional Director, Operations and Education, National Park
Service, National Capital Region; Russel J. Wilson, Chief Regulations
and Special Park Uses, National Park Service, Washington, DC; and A.J.
North, Regulations Coordinator, National Park Service, Washington, DC.
Public Participation
Instructions: All submissions received must include the agency name
and docket number or Regulation Identifier Number (RIN) for this
rulemaking. All comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment, including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
List of Subjects in 36 CFR Part 7
National Parks, Hunting, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, the National Park Service
proposes to amend 36 CFR part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority citation for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued
under 36 U.S.C. 501-511, DC Code 10-137 (2001) and DC Code 50-2201
(2001).
2. In Sec. 7.67 revise paragraph (f) to read as follows:
Sec. 7.67 Cape Cod National Seashore.
* * * * *
(f) Hunting. (1) Hunting is allowed at times and locations
designated by the Superintendent as open to hunting.
(2) Except as otherwise provided in this section, hunting is
permitted in accordance with Sec. 2.2 of this chapter.
(3) Only deer, upland game (including Eastern Wild Turkey), and
migratory waterfowl may be hunted.
(4) Hunting is prohibited from March 1st through August 31st each
year, except for the taking of Eastern Wild Turkey as designated by the
superintendent.
(5) The superintendent may:
(i) Require permits and establish conditions for hunting.
(ii) Temporarily limit, restrict, or terminate hunting access or
activities after taking into consideration public health and safety,
natural and cultural resource protection, and other management
activities and objectives, such as those described in the Cape Cod
National Seashore Hunting Program/Final Environmental Impact Statement.
(6) The public will be notified of such closures through one or
more methods listed in Sec. 1.7(a) of this chapter.
(7) Violating a closure, designation, use or activity restriction
or a term or condition of a permit is prohibited. Violating a term or
condition of a permit may also result in the suspension or revocation
of the permit by the superintendent.
Dated: March 14, 2011.
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-6703 Filed 3-21-11; 8:45 am]
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