[Federal Register Volume 69, Number 155 (Thursday, August 12, 2004)]
[Proposed Rules]
[Pages 49841-49844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18429]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD26


Apostle Islands National Lakeshore; Designation of Snowmobile and 
Off-road Motor Vehicle Routes, and Use of Portable Ice Augers or Power 
Engines

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The National Park Service (NPS) is proposing to designate 
areas and routes on Lake Superior and the mainland unit for use by 
snowmobiles, off-road motor vehicles, and ice augers or power engines 
within Apostle Islands National Lakeshore. The existing regulations 
prohibit such use unless routes, areas and water surfaces are 
specifically identified and promulgated as special regulations. Unless 
otherwise provided for by special regulation, the operation of 
snowmobiles and off-road motor vehicles within areas of the National 
Park System is prohibited under existing regulations. The intended 
effect of the special regulations is to designate the routes, areas and 
frozen water surfaces identified herein and remove the requirement for 
a permit to operate an ice auger or power engine. All other portions of 
the existing regulation, governing use, safety, and operating 
requirements would remain in effect.

DATES: Written comments will be accepted through October 12, 2004.

ADDRESSES: Comments should be addressed to: Superintendent, Apostle 
Islands National Lakeshore, Route 1, Box 4, Bayfield, Wisconsin 54814. 
Comments may also be submitted electronically to: [email protected].

FOR FURTHER INFORMATION CONTACT: Gregory F. Zeman, Chief of Protection, 
Apostle Islands National Lakeshore, Route 1, Box 4, Bayfield, Wisconsin 
54814. Telephone: (715) 779-3398, extension 201.

SUPPLEMENTARY INFORMATION:

Background

    The enabling legislation for Apostle Islands National Lakeshore 
(PL-424, enacted September 26, 1970) specifically authorized 
recreational use of the lakeshore by the public. It further included 
provisions for hunting, fishing, and trapping on the lands and waters 
within the boundaries, with certain limitations allowed for public 
safety administration, fish or wildlife management, or public use and 
enjoyment.
    The lakeshore comprises 21 islands and a 12-mile strip of mainland 
shoreline lying at the northern end of the Bayfield peninsula in 
Northern Wisconsin. Jurisdiction extends for a distance of one-quarter 
mile offshore on the waters of Lake Superior surrounding each island 
and along the mainland coast. During the winter months, safe access up 
to shoreline areas and traditional hunting, fishing, and trapping areas 
frequently requires over ice travel by snowmobile and various forms of 
off-road motor vehicle transportation within the quarter-mile 
jurisdiction.
    The Federal legislation that established the Lakeshore in 1970 
includes the water areas of Lake Superior that surround every island 
and extend seaward from the mainland shoreline for a distance of one-
quarter mile.
    The use of snowmobiles, off-road motor vehicles, and ice augers or 
power engines was common prior to the establishment of the lakeshore 
and for a number of years following it. The use of ice augers or power 
engines is necessary to provide access to the water through the ice for 
authorized fishing activities. Ice augers are typically operated only 
once a day at the beginning of ice fishing activities. The length of 
operation is chiefly dependent on the thickness of the ice, which can 
vary from four inches to more than three feet. Most ice augers can cut 
through the ice surface in less than a few minutes. The exclusive 
purpose of operation is to cut or bore small holes in the frozen 
surface

[[Page 49842]]

of Lake Superior to allow fishing equipment to pass freely.
    These uses continue as a safe, common, and necessary method of 
access up to shorelines and other locations inside lakeshore boundaries 
and corridors to areas outside the lakeshore boundaries for gaining 
access to fishing areas during winter. The designation of routes and 
water surfaces will provide the public with the means to safely 
navigate around rough ice, cracks, pressure ridges and other dangerous 
ice conditions on frozen Lake Superior. It will facilitate traditional 
and legislatively authorized uses such as hunting, fishing and trapping 
while also providing shoreline access for winter camping, hiking, 
snowshoeing, skiing, and other non-motorized recreational activities 
within the lakeshore.
    Under current NPS regulations, 36 CFR 2.18 and 36 CFR 4.10, the use 
of snowmobiles and off-road motor vehicles within areas of the National 
Park System is prohibited, except on designated routes and water 
surfaces that are used by motor vehicles or motorboats during other 
seasons. These routes and water surfaces must be designated and must be 
promulgated as special regulations. The use of portable engines 
associated with a power ice auger is allowed by permit only under 36 
CFR 2.12(a)(3).
    National Park Service Management Policies Section 8.2.2.1 states 
that any restriction of appropriate recreational uses will be limited 
to what is necessary to protect park resources and values, to promote 
visitor safety and enjoyment, or to meet park management needs. It also 
states the Superintendent will develop and implement visitor use 
management plans and take management actions, as appropriate, to ensure 
that recreational uses and activities within the park are consistent 
with authorizing legislation and do not cause unacceptable impacts to 
park resources or values.
    After reviewing the issues surrounding the use of snowmobiles, off-
road motor vehicles, and ice augers or power engines, NPS has 
determined that the uses authorized in this rule are consistent with 
the enabling legislation and will not result in a derogation of 
resources, values, or purposes for which the lakeshore was established. 
Snowmobiles and off-road motor vehicles are used as a means of 
transportation to a specific park location, where the user participates 
in a non-motorized recreational activity. When the snowmobile/off-road 
motor vehicle user reaches their destination, the snowmobile or off-
road motor vehicle is stopped with the engine off, minimizing noise, 
pollution, and other associated impacts. By contrast, recreational 
touring, which is not allowed under this rule, would involve continuous 
or prolonged operation of a snowmobile or off-road motor vehicle which 
would increase noise, pollution, and other associated impacts.
    The designation of areas and routes on the frozen surface of Lake 
Superior and mainland road is consistent with areas and routes used by 
powerboats and motor vehicles during other times of year. These 
proposed regulations limit the designation of specific routes, and 
further restrict designation of routes to surfaces used by motor 
vehicles during other times of year. Because of these proposed 
limitations, no additional snowmobile or off-road motor vehicle routes 
will be established and access to hunting, fishing, trapping areas, and 
non-motorized recreational opportunities will continue to be pursued 
through hiking, skiing, and snowshoeing activities in accordance with 
Federal and State regulations. Operation of power engines in other 
areas or for other purposes will continue to be subject to 
authorization by permit only.
    Less than 15 percent of the ice on Lake Superior that surrounds the 
islands is located within the lakeshore's \1/4\-mile boundary. Exterior 
areas are owned by the State of Wisconsin and allow snowmobile and off-
road motor vehicle operation pursuant to State regulations. With 
virtually unlimited snowmobile and off-road motor vehicle use in State 
areas, which are directly adjacent to park boundaries, the most 
significant factor for noise and emissions in island and mainland 
locations inside the lakeshore boundary is wind speed and direction 
rather than where snowmobiles and off-road motor vehicles are operated. 
Sound and emissions can travel long distances over the hard frozen 
surface of Lake Superior.
    The conditions that allow for reasonably safe snowmobile and off-
road motor vehicle access on the frozen surface of Lake Superior are 
generally limited to late December through mid-March. During this time 
period, a majority of the wildlife has either migrated from the area or 
is in hibernation. The disruptive noise of snowmobiles, off-road motor 
vehicles, and ice augers or power engines is not expected to exceed the 
level generated by motor boats during the summer visitation season. 
Since snowmobiles and off-road motor vehicles are not permitted to 
operate outside of designated roads on the mainland or on the islands 
themselves, no impact is expected on the wintering white-tailed deer 
population, other wildlife, or the snow-covered vegetation. Therefore, 
it is anticipated that adoption of this regulation will not adversely 
affect the resources of the lakeshore.
    Allowing the use of snowmobiles, off-road motor vehicles, and ice 
augers or power engines on the frozen surface of Lake Superior is not 
expected to dramatically increase visitation to the area. Traditional 
users include fishermen and recreational users that engage in winter 
hunting, trapping, camping, hiking, snowshoeing, skiing, and other non-
motorized recreational activities.
    Designated state and county trails for snowmobile and off-road 
motor vehicle use are abundant throughout Ashland and Bayfield 
Counties. Bayfield County contains more than 430 miles of maintained 
snowmobile trail and in excess of 108 miles of all-terrain vehicle 
routes. Ashland County has more than 205 miles and 132 miles, 
respectively. There is little demand for recreational touring on the 
inherently dangerous ice of Lake Superior.
    Due to the short duration of accessibility, instability of the ice 
in all but the most severe of winters, and limited need for access to 
non-NPS property outside the lakeshore boundary, it is not anticipated 
that a large increase in snowmobiles, off-road motor vehicles, or 
commercial operations will result from adopting these special 
regulations. With current use limited and no significant increase 
expected, no measurable economic impact is anticipated.
    The NPS considers that local residents, area businesses, and park 
visitors are best served by allowing for the use of snowmobiles, off-
road motor vehicles, and portable ice augers/engines in the designated 
areas and routes to provide legal access for hunting, fishing, 
trapping, and non-motorized recreational activities.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and has not been reviewed 
by the Office of Management and Budget 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. Snowmobiles and off-road motor vehicles (all terrain 
vehicles) are not

[[Page 49843]]

available for sale, rental, or lease through local businesses or tour 
companies within the Apostle Islands (Chequamegon Bay) area. 
Snowmobiles and off-road motor vehicles are almost exclusively 
privately owned or transported to the region from sources outside of 
the local geographic area.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. Actions 
taken under this rule will not interfere with other agencies or local 
government plans, policies or controls. This rule 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. This rule will have no effects on entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. No grants or other forms of monetary supplements are 
involved.
    (4) This rule does not raise novel legal or policy issues. This 
rule codifies long-existing uses at Apostle Islands National Lakeshore 
and is not expected to be controversial.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rulemaking 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.). 
Snowmobiles and off-road motor vehicles (all terrain vehicles) are not 
available for sale, rental, or lease through local businesses or tour 
companies within the Apostle Islands (Chequamegon Bay) area. 
Snowmobiles and off-road motor vehicles are almost exclusively 
privately owned or transported to the region from sources outside of 
the local geographic area.

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 proposed rule:
    a. Does 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. 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

    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. This rule is an 
agency specific rule and does not impose any other requirements on 
other agencies, governments, or the private sector.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A taking implication assessment is 
not required. No taking of personal property will occur as a result of 
this rule.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism assessment. This proposed rule only affects use of NPS 
administered lands and waters.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB Form 83-I is not required.

National Environmental Policy Act

    The National Park Service has analyzed this rule in accordance with 
the criteria of the National Environmental Policy Act. The NPS has 
determined that this proposed rulemaking will not have a significant 
effect on the quality of the human environment, health, and safety 
because it is not expected to:
    (a) Increase public use to the extent of compromising the nature 
and character of the area or causing physical damage to it;
    (b) Introduce incompatible uses which might compromise the nature 
and characteristics of the area, or cause physical damage to it;
    (c) Conflict with adjacent ownerships, or land uses; or
    (d) Cause a nuisance to adjacent owners, or occupants.
    Based on this determination, this rulemaking is categorically 
excluded from the procedural requirements of the National Environmental 
Policy Act (NEPA) by Departmental guidelines in 516 DM 6 (49 FR 21438). 
As such, neither an Environmental Assessment nor an Environmental 
Impact Statement has been prepared. A categorical exclusion has been 
documented and is on file with the park headquarters.

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) and 512 DM 2 have evaluated potential 
effects on federally recognized Indian tribes and have determined that 
there are no potential effects. Park staff consulted with the Red Cliff 
Band of Lake Superior Chippewa and the Great Lakes Indian Fish and 
Wildlife Commission. In return the park received a letter generally 
supporting the proposed regulations from the Red Cliff Band and verbal 
support from the Fish and Wildlife Commission.

Clarity of Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to read if it were divided into 
more (but shorter) sections? (A ``section'' appears in bold type and is 
preceded by the symbol ``Sec.  '' and a numbered heading; for example 
Sec.  7.82 Apostle Islands National Lakeshore. (5) Is the description 
of the rule in the Supplementary Information section of the preamble 
helpful in understanding the proposed rule? What else could we do to 
make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You may also e-mail the comments to this address: [email protected].

[[Page 49844]]

Drafting Information

    The primary authors of this rulemaking are Robert J. Krumenaker, 
Superintendent, James A. Nepstad, Chief of Planning and Resource 
Management, and Gregory F. Zeman, Chief of Protection, Apostle Islands 
National Lakeshore.

Public Participation

    If you wish to comment, you may submit your comments by any one of 
several methods. You may mail comments to the Superintendent, Apostle 
Islands National Lakeshore, Route 1, Box 4, Bayfield, Wisconsin 54814. 
You may also comment via the Internet to [email protected]. 
Please also include ``Winter Use Rule'' in the subject line and your 
name and return address in the body of your Internet message. Finally, 
you may hand deliver comments to the Superintendent, Apostle Islands 
National Lakeshore, 415 Washington Avenue, Bayfield, Wisconsin.
    Our practice is to make comments, including names and addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
from the rulemaking record, which we will honor to the extent allowable 
by law. If you wish us to withhold your name and/or address, you must 
state this prominently at the beginning of your comment. However, we 
will not consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials or organizations or 
businesses, available for public inspection in their entirety.

List of Subjects in 36 CFR Part 7

    National Parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, 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, 460(q), 462(k); Sec. 7.96 also 
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).

    2. Section 7.82 is amended by designating the existing text as 
paragraph (a) and adding paragraphs (b), (c), and (d) to read as 
follows:


Sec.  7.82  Apostle Islands National Lakeshore.

* * * * *
    (b) Snowmobiles. (1) Snowmobiles may be operated in the following 
designated areas within the Lakeshore:
    (i) The frozen surface of Lake Superior that surrounds every island 
from the shoreline to the authorized boundary.
    (ii) The frozen surface of Lake Superior from Sand Point to the 
mainland unit's eastern boundary.
    (iii) The \1/4\ mile section of the Big Sand Bay Road that passes 
through the park mainland unit to non-NPS property.
    (2) Snowmobile use is authorized for the purpose of providing 
access for legal forms of:
    (i) Ice fishing.
    (ii) Hunting and trapping.
    (iii) Winter camping.
    (iv) Other non-motorized recreational activities.
    (v) Access to non-NPS property by owners, and use and occupancy 
properties by lessees and their representatives or guests.
    (3) Snowmobiles may be used for administrative, law enforcement, 
and emergency services as determined by the Superintendent.
    (4) Snowmobile use in areas and for purposes other than those 
stated in paragraphs (b)(1) and (b)(2) of this section is prohibited.
    (5) Maps showing designated use areas are available at park 
headquarters.
    (c) Off-road vehicles. (1) Off-road motor vehicles may be operated 
in the following designated areas within the Lakeshore:
    (i) The frozen surface of Lake Superior that surrounds every island 
from the shoreline to the authorized boundary.
    (ii) The frozen surface of Lake Superior from Sand Point to the 
mainland unit's eastern boundary.
    (2) Off-road motor vehicle use is authorized for the purpose of 
providing access for legal forms of:
    (i) Ice fishing.
    (ii) Hunting and trapping.
    (iii) Winter camping.
    (iv) Other non-motorized recreational activities.
    (v) Access to private property by owners, and use and occupancy 
properties by lessees and their representatives or guests.
    (3) Off-road motor vehicles may be used for administrative, law 
enforcement, and emergency services as determined by the 
Superintendent.
    (4) Off-road motor vehicle use in areas and for purposes other than 
those stated in paragraphs (c)(1) and (c)(2) of this section is 
prohibited.
    (5) Maps showing designated use areas are available at park 
headquarters.
    (d) Ice augers and power engines. (1) Ice auger means a portable 
gasoline or electric powered engine connected to a rotating helical 
shaft for boring through the frozen surface of a lake.
    (2) Power engine means a mobile gasoline or electric powered engine 
or device that is connected to a rotating saw blade or teeth linked in 
an endless chain for cutting through the frozen ice surface of a lake.
    (3) Notwithstanding the requirements of 36 CFR 2.12(a)(3), 
operation of an ice auger or power engine is authorized on designated 
portions of Lake Superior for the specific purpose of cutting through 
the ice surface to provide access for legal ice fishing activity.
    (4) Areas designated for use of an ice auger or power engine 
include:
    (i) The frozen surface of Lake Superior that surrounds every island 
from the shoreline to the authorized boundary.
    (ii) The frozen surface of Lake Superior from Sand Point to the 
mainland unit's eastern boundary.
    (5) Maps showing designated use areas shall be available at park 
headquarters.
    (6) Use of an ice auger or power engine on any land surface or 
frozen water surface outside of designated use areas is prohibited 
without a permit.

    Dated: August 4, 2004.
Paul Hoffman,
Deputy Assistant Secretary for Fish And Wildlife and Parks.
[FR Doc. 04-18429 Filed 8-11-04; 8:45 am]
BILLING CODE 4312-97-P