[Federal Register Volume 68, Number 204 (Wednesday, October 22, 2003)]
[Proposed Rules]
[Pages 60305-60313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26577]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD00
Amistad National Recreation Area, Personal Watercraft Use
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) is proposing to designate
areas where personal watercraft (PWC) may be used in Amistad National
Recreation Area, Texas. This proposed rule implements the provisions of
the NPS general regulations authorizing park areas to allow the use of
PWC by promulgating a special regulation. The NPS Management Policies
2001 directs individual parks to determine whether PWC use is
appropriate for a specific park area based on an evaluation of that
area's enabling legislation, resources and values, other visitor uses,
and overall management objectives.
DATES: Comments must be received by December 22, 2003.
ADDRESSES: Comments on the proposed rule should be sent to the
Superintendent, Amistad National Recreation Area, HRC 3 Box 5J, Del
Rio, Texas 78840. Comments may also be sent by email to
[email protected]. If you comment by e-mail, please include
[[Page 60306]]
``PWC rule'' in the subject line and your name and return address in
the body of your Internet message. Also, you may hand deliver comments
to Amistad National Recreation Park, 4121 Highway 90 West, Del Rio,
Texas.
For additional information see ``Public Participation'' under
SUPPLEMENTARY INFORMATION below.
FOR FURTHER INFORMATION CONTACT: Kym Hall, Regulations Program Manager,
National Park Service, 1849 C Street, NW., Room 3145, Washington, DC
20240. Phone: (202) 208-4206. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
Additional Alternatives
The information contained in this proposed rule supports
implementation of portions of the preferred alternative in the
Environmental Assessment published April 3, 2003. The public should be
aware that two other alternatives were presented in the EA, including a
no-PWC alternative, and those alternatives should also be reviewed and
considered when making comments on this proposed rule.
Personal Watercraft Regulation
On March 21, 2000, the National Park Service published a regulation
(36 CFR 3.24) on the management of personal watercraft (PWC) use within
all units of the national park system (65 FR 15077). This regulation
prohibits PWC use in all national park units unless the NPS determines
that this type of water-based recreational activity is appropriate for
the specific park unit based on the legislation establishing that park,
the park's resources and values, other visitor uses of the area, and
overall management objectives. The regulation banned PWC use in all
park units effective April 20, 2000, except that a grace period was
provided for 21 parks, lakeshores, seashores, and recreation areas. The
regulation established a 2-year grace period following the final rule
publication to provide these 21 park units time to consider whether PWC
use should be allowed to continue.
Description of Amistad National Recreation Area
Amistad National Recreation Area lies along the United States-
Mexico border near Del Rio, Texas. The unit consists of 57,292 acres of
land and water and is a man-made reservoir resulting from the
construction of a dam at the confluence of Devils River and the Rio
Grande. The reservoir is 1,117 feet above sea level at the normal
conservation level, and the park boundary continues 83 miles northwest
up the Rio Grande, 25 miles north up the Devils River, and 14 miles
north up the Pecos River. The park boundary varies but is generally at
the elevation mark of 1,144.3 feet above mean sea level, and the lake
level fluctuates in relation to this. The international boundary
between the United States and Mexico falls in the middle of the Rio
Grande River. The International Boundary and Water Commission has
placed buoys in the center of the channel for the first 28 miles but
the reservoir is otherwise unmarked. The Mexico side of the reservoir
does not have any protected status, thus the NPS does not generally
consult with Mexican officials on matters such as boating management in
a formal sense.
Amistad is home to a rich archeological record and world-class rock
art. Within or immediately adjacent to park boundaries are four
archeological districts and one site listed on the National Register of
Historical Places.
Amistad National Recreation Area supports a wide variety of boating
activities throughout the year, including PWC use, powerboating,
waterskiing, houseboating, boat fishing, sightseeing by boat,
sailboating, sailboarding, canoeing, and kayaking. Amistad receives
over 1,000,000 visitors a year and issues approximately 5,000 lake use
permits annually.
Purpose of Amistad National Recreation Area
The purpose of Amistad National Recreation Area is to provide
visitors and neighbors with opportunities and resources for safe, high-
quality public outdoor recreation and use of Lake Amistad; to develop
and maintain facilities necessary for the care and accommodation of
visitors; and to support the concepts of stewardship and protection of
resources and environmental sustainability by practicing and
interpreting their application in a unit of the national park system.
Significance of Amistad National Recreation Area
According to Amistad's 2001-2005 strategic plan, the primary
significance of Amistad National Recreation Area can be summarized as:
(1) Offering diverse water-based recreational opportunities, especially
fishing; (2) interpreting exceptional examples of Lower Pecos
archeology and rock art and; (3) commemorating a water conservation
partnership between the United States and Mexico.
Authority and Jurisdiction
Under the National Park Service's Organic Act of 1916 (Organic Act)
(16 U.S.C. 1 et seq.) Congress granted the NPS broad authority to
regulate the use of the Federal areas known as national parks. In
addition, the Organic Act (16 U.S.C. 3) allows the NPS, through the
Secretary of the Interior, to ``make and publish such rules and
regulations as he may deem necessary or proper for the use and
management of the parks * * *''
16 U.S.C. 1a-1 states, ``The authorization of activities shall be
conducted in light of the high public value and integrity of the
National Park System and shall not be exercised in derogation of the
values and purposes for which these various areas have been established
* * *''
NPS' regulatory authority over waters subject to the jurisdiction
of the United States, including navigable waters and areas within their
ordinary reach--as with the United States Coast Guard; and non-
navigable waters that are administered by the NPS, is based upon the
Property and Commerce Clauses of the U.S. Constitution. In regard to
the NPS, Congress in 1976 directed the NPS to ``promulgate and enforce
regulations concerning boating and other activities on or relating to
waters within areas of the National Park System, including waters
subject to the jurisdiction of the United States * * *'' (16 U.S.C. 1a-
2(h)). In 1996 the NPS published a final rule (61 FR 35136, July 5,
1996) amending 36 CFR 1.2(a)(3) to clarify its authority to regulate
activities within the National Park System boundaries occurring on
waters subject to the jurisdiction of the United States.
PWC Use at Amistad National Recreation Area
The park began regularly documenting PWC use on July 4, 1992, but
the earliest record is from March 1989, when a violation notice was
issued to an operator for reckless and negligent behavior near a swim
beach. PWC use became more common between 1990-91, and in May 2001 park
staff began collecting more specific PWC use data. The highest use
generally occurs in summer from Friday through Sunday, and in 2001
ranged from as low as 1 PWC per day up to 35 per day. Park staff
believes that PWC use is increasing at approximately 1.5% per year.
Data collected during 2001 and 2002 show that PWC users are a
consistent part of the total boating population of the lake, and
holidays show the highest amount of use. The highest PWC-use weekday
was Wednesday, July 4, 2001
[[Page 60307]]
(a holiday), when 33 PWC trailers were observed parked at boat ramp
parking lots throughout the recreation area. On that same day, 88 non-
PWC boat trailers were observed in the same parking lots.
The highest use for a non-holiday weekend occurred on Saturday,
June 23, 2001, when 26 PWC trailers were observed in parking lots
throughout the recreation area, compared to 270 non-PWC boat trailers
in the same parking lots. Visitors were attracted by the 12 largemouth
black bass tournaments taking place at the lake that day and the
pleasant weather conditions (bass tournaments occur every weekend
during the summer). The highest holiday weekend use day was Sunday, May
26, 2002, when 38 PWC trailers (and 296 non-PWC boat trailers) were
observed at launch ramps.
On busy summer weekends, PWC use can comprise between 8% and 20% of
total boating activity. On summer weekdays this percentage tends to
increase due to fewer out-of-town bass tournament fishermen on the
lake. PWC use on summer weekdays can comprise between 19% and 40% of
total boating activity in the evenings after 6:30 p.m., when local PWC
owners visit the lake after work.
PWC use occurs primarily between May and September, with April and
October also showing steady visitation. Weekday PWC users are primarily
local residents who arrive after work, while weekend users come from
areas farther away. PWC users are usually on the water all day on
weekends. Park staff has indicated that PWC users generally operate for
two to three hours on weekday evenings, and from four to eight hours on
weekends. The increased amount of time in the water can be attributed
to users taking turns riding one craft.
PWC operators have been observed traveling throughout the lake,
either singly, in pairs, in small groups, or in association with a
motorboat or houseboat. Within Amistad National Recreation Area, PWC
use has been allowed wherever motorized boats have had access. This
includes the arm of the Rio Grande, the Devils River, San Pedro Canyon,
and the Pecos River.
Areas of heaviest PWC use are Devils River north of buoy P and San
Pedro Canyon east of buoy A. Most of the personal watercraft launching
from Rough Canyon travel up Devils River. In addition, many personal
watercraft launching from Diablo East and Spur 454 travel up Devils
River past buoy P. In contrast, only one or two watercraft travel up
the Rio Grande past buoy 28. No PWC have been seen using the Pecos
River.
The San Pedro arm of the lake (at the end of Spur 454) attracts a
large number of PWC operators because it is one of the few areas where
bystanders, usually friends and relatives of the PWC operators, can
drive close to the shoreline to observe PWC activity or take turns
riding. As a result, this location is one of the primary destinations
for PWC operators. Another popular destination for PWC operators is the
Indian Springs area in the upper Devils River section of the lake.
While en route to Indian Springs, PWC operators tend to either travel
in a direct line or explore some or all of the coves between their
launch and destination points.
People who rent the 56- to 65-foot houseboats from Amistad Lake
Marina often tow personal watercraft with the houseboat (two or three
personal watercraft have been observed being towed). The boats are
permitted to travel to most areas, so PWC use is dispersed. These
tagalongs are the only personal watercraft likely to use the upper Rio
Grande area (north of buoy 28).
Park staff has never seen personal watercraft used on the Pecos
River. However, some PWC users may access the Pecos River without park
staff knowledge. The park estimates that if PWC use occurs in the Pecos
River, it would amount to less than 10 craft per year.
Resource Protection and Public Use Issues
Amistad National Recreation Area Environmental Assessment
As a companion document to this proposed rule, NPS has issued the
Personal Watercraft Use Environmental Assessment for Amistad National
Recreation Area. The Environmental Assessment (EA) was open for public
review and comment from April 3, 2003, through May 3, 2003. Copies of
the environmental assessment may be downloaded at http://www.nps.gov/amis/pwc.pdf or obtained at park headquarters Monday through Friday,
8am to 5pm, just west of Del Rio at 4121 Hwy 90 W. Mail inquiries
should be directed to: Amistad National Recreation Area, HCR 3 Box 5J,
Del Rio TX 78840, Phone (830) 775-7491.
The purpose of the environmental assessment was to evaluate a range
of alternatives and strategies for the management of PWC use at Amistad
to ensure the protection of park resources and values while offering
recreational opportunities as provided for in the National Recreation
Area's enabling legislation, purpose, mission, and goals. The analysis
assumed alternatives would be implemented beginning in 2002 and
considered a 10-year period, from 2002 to 2012.
The environmental assessment evaluates three alternatives
concerning the use of personal watercraft at Amistad National
Recreation Area. Alternative A would allow PWC use under an NPS special
regulation in accordance with past park practices, and state
regulations. That is, after the effective date of a final rule, PWC use
would be the same as it was before November 7, 2002 when the park
closed to PWC use under the service-wide regulations at 36 CFR 3.24.
Alternative B would continue PWC use under a special regulation, but
specific limits and use areas would be defined. The no-action
alternative would eliminate PWC use entirely within this national park
system unit.
Based on the environmental analysis prepared for PWC use at Amistad
National Recreation Area, alternative A is the preferred alternative
and is also considered the environmentally preferred alternative
because it would best fulfill park responsibilities as trustee of this
sensitive habitat; ensure safe, healthful, productive, and
aesthetically and culturally pleasing surroundings; and attain a wider
range of beneficial uses of the environment without degradation, risk
of health or safety, or other undesirable and unintended consequences.
This document proposes regulations to implement alternative A at
Amistad National Recreation Area.
The NPS will consider the comments received on this proposal, as
well as the comments received on the Environmental Assessment when
making a final determination. In the final rule, the NPS will implement
alternative A as proposed, or choose a different alternative or
combination of alternatives. Therefore, the public should review and
consider the other alternatives contained in the Environmental
Assessment when making comments on this proposed rule.
The following summarizes the predominant resource protection and
public use issues associated with PWC use at Amistad National
Recreation Area. Each of these issues is analyzed in the Amistad
National Recreation Area, Personal Watercraft Use Environmental
Assessment.
Water Quality
Most research on the effects of personal watercraft on water
quality focuses on the impacts of two-stroke engines, and it is assumed
that any impacts caused by these engines also
[[Page 60308]]
apply to the personal watercraft powered by them. There is general
agreement that two-stroke engines (including personal watercraft)
discharge a gas-oil mixture into the water. Fuel used in PWC engines
contains many hydrocarbons, including benzene, toluene, ethylbenzene,
and xylene (collectively referred to as BTEX). Polycyclic aromatic
hydrocarbons (PAHs) also are released from boat engines, including
those in personal watercraft. These compounds are not found appreciably
in the unburned fuel mixture, but rather are products of combustion.
Discharges of all these compounds--BTEX and PAHs--have potential
adverse effects on water quality.
Under the proposed regulation, PWC would be allowed within Amistad
National Recreation Area with some locational restrictions. Numbers of
personal watercraft using the reservoir and adjoining waters during a
high-use day would likely increase from an average of 32 per day in
2002 to 37 per day in 2012, an average increase of 1.5% per year. Based
on current observations it is assumed that 14 personal watercraft would
operate in the Amistad Reservoir and Rio Grande upstream of the
reservoir in 2002, increasing to 16 by 2012; and 18 personal watercraft
would operate in Devils River and San Pedro Canyon, increasing to 21 by
2012.
Continuing PWC use under this regulation, as it was before November
7, 2002, was evaluated in the EA and the analysis determined that PWC
use would have negligible adverse effects on water quality because of
improved emissions controls from EPA in place by 2012. (For an
explanation of terms such as ``negligible'' and ``adverse'' in regard
to water quality, see page 91 of the Environmental Assessment.) The EA
analysis found that all pollutant loads would be well below
ecotoxicological benchmarks and human health criteria. Cumulative
impacts from PWC and motorized boat use would also be negligible
through improved emission controls. This proposed rule was also
reviewed as required by NPS Management Policies to determine if park
resources would be impaired. Based upon the findings in the EA, the NPS
has concluded that PWC use would not result in an impairment of the
water quality resource.
Air Quality
PWC emit various compounds that pollute the air. In the two-stroke
engines commonly used in personal watercraft, the lubricating oil is
used once and is expelled as part of the exhaust; and the combustion
process results in emissions of air pollutants such as volatile organic
compounds (VOC), nitrogen oxides (NOX), particulate matter
(PM), and carbon monoxide (CO). Personal watercraft also emit fuel
components such as benzene that are known to cause adverse health
effects. Even though PWC engine exhaust is usually routed below the
waterline, a portion of the exhaust gases go into the air. These air
pollutants may adversely impact park visitor and employee health, as
well as sensitive park resources.
For example, in the presence of sunlight VOC and NOX
emissions combine to form ozone. Ozone causes respiratory problems in
humans, including cough, airway irritation, and chest pain during
inhalations. Ozone is also toxic to sensitive species of vegetation. It
causes visible foliar injury, decreases plant growth, and increases
plant susceptibility to insects and disease. Carbon monoxide can affect
humans as well. It interferes with the oxygen carrying capacity of
blood, resulting in lack of oxygen to tissues. NOX and PM
emissions associated with PWC use can also degrade visibility.
NOX can also contribute to acid deposition effects on
plants, water, and soil. However, because emission estimates show that
NOX from personal watercraft are minimal (less than 5 tons
per year), acid deposition effects attributable to personal watercraft
use are expected to be minimal.
Under the proposed rule, PWC use would be allowed to operate under
the same conditions as were in effect before November 7, 2002. PWC
users could operate wherever motorized vessels are authorized. The
number of personal watercraft using Amistad is predicted to increase
annually by approximately 1.5%, based on current trends at the unit.
Baseline data for the 2001/2002 season at Amistad indicate annual use
at approximately 640 personal watercraft, with each machine assumed to
operate on the water for an average of four hours per day. The
predominantly two-stroke engine technology would be replaced gradually
over time in accordance with the Environmental Protection Agency's
(EPA) requirements for engine manufacturers so that by 2012 most
personal watercraft will be the cleaner burning four-stroke type.
Allowing PWC use at Amistad National Recreation Area at the
previous levels would result in negligible adverse impacts for all
pollutants. (For an explanation of terms such as ``negligible'' and
``adverse'' in regard to air quality see page 100 of the Environmental
Assessment.) Cumulative emission levels would be negligible for
PM10, HC, VOC, and NOX. Cumulative CO emissions
would be at a moderate adverse level for both the short and long term.
Over the long term NOX emissions would increase slightly,
with a negligible adverse effect. This alternative would not alter
existing air quality conditions, with future reductions anticipated in
PM10, HC, and VOC emissions due to improved emission
controls. Therefore, the proposed rule would not result in an
impairment of air quality.
Soundscapes
The primary soundscape issue relative to PWC use is that other
visitors may perceive the sound made by personal watercraft as an
intrusion or nuisance, thereby disrupting their experiences. This
disruption is generally short term because personal watercraft travel
along the shore to outlying areas. However, as PWC use increases and
concentrates at beach areas, related noise becomes more of an issue,
particularly during certain times of the day. Additionally, visitor
sensitivity to PWC noise varies from backcountry users (more sensitive)
to swimmers at popular beaches (less sensitive). Amistad's backcountry
visitors consist of boaters who camp at undesignated campsites along
the shoreline.
The biggest difference between noise from PWC and that from
motorboats is that PWC repeatedly leave the water, which magnifies
noise in two ways. Without the muffling effect of water, the engine
noise is typically 15 dBA louder than it would be while operating
continually underwater and the smacking of the craft against the water
surface results in a loud ``whoop'' noise or series of them. With the
rapid maneuvering and frequent speed changes, the impeller has no
constant ``throughput'' and no consistent load on the engine.
Consequently, the engine speed rises and falls, resulting in a variable
pitch. This constantly changing noise is often perceived as more
disturbing than the constant noise from motorboats.
PWC users tend to operate close to shore, to operate in confined
areas, and to travel in groups, making noise more noticeable to other
recreationists. Motorboats traveling back and forth in one area at open
throttle or spinning around in small inlets also generate complaints
about noise levels; however, most motorboats tend to operate away from
shore and to navigate in a straight line, thus being less noticeable to
other recreationists.
Under the proposed rule, noise from personal watercraft would
continue to
[[Page 60309]]
have short-term, minor, adverse impacts at most locations throughout
the use season, and short-term, minor to moderate, adverse impacts
along the reservoir shoreline and at shoreline camping locations
because personal watercraft could be heard occasionally throughout the
day during the peak visitor season. (For an explanation of terms such
as ``negligible'' and ``adverse'' in regard to soundscape see page 111
of the Environmental Assessment.) Impact levels would be related to the
number of personal watercraft, as well as the sensitivity of other
visitors. Over the long term newer engine technologies could result in
reduced noise levels.
Cumulative noise impacts from personal watercraft, motorboats, and
other visitors would be short term and minor to moderate because these
sounds would be heard occasionally throughout the day. For the most
part, natural sounds would still predominate at most locations within
the national recreation area. The highest sound impacts would occur
near boat launches, beaches, and marinas. Therefore, this alternative
would not result in an impairment of the Amistad National Recreation
Area's soundscape.
Wildlife and Wildlife Habitat
Some research suggests that personal watercraft affect wildlife by
interrupting normal activities. This is thought to be caused by PWC
speed, noise, and access. Flight response is the most likely impact of
PWC use. PWC use can affect an animal's ability to feed, rest, and
breed if it is unable to adapt to the disturbance caused by PWC
operations. Impacts to threatened or endangered or sensitive species
are documented under ``Threatened, Endangered, or Special Concern
Species.''
Under the proposed rule, PWC use could affect wildlife wherever use
is authorized. Numbers of personal watercraft using the reservoir
during a high-use day would likely increase from an average of 32 per
day in 2002 to 37 per day in 2012, an average increase of 1.5% per
year. While some PWC use occurs year-round, most use occurs from May to
September. PWC use is most frequent during weekends, followed by
weekday evening hours. While personal watercraft would be distributed
throughout the reservoir, the primary location for potential impacts
would be where PWC use is most prevalent: the San Pedro arm of the
reservoir (at the end of Spur 454) and the Indian Springs area in the
upper Devils River. Disturbance could occur on the Rio Grande from PWC
users beaching their craft. The Pecos River contains rocks that would
make it difficult for PWC operators to disturb wildlife there, and only
about 10 PWC visits occur there each year. Since no PWC operation would
be allowed between sundown and sunrise, impacts are less likely for
nocturnal than for diurnal species.
Wildlife are most likely to be found near the shoreline due to
habitat constraints, with few non-aquatic species present on the water
surface 200 feet (or more) from shore. Under 36 CFR part 3, Amistad
adopts Texas State laws and regulations. Texas boating regulations
require that when a PWC user travels to a shoreline destination, the
watercraft must be slowed to a flat wake speed, thus allowing wildlife
to easily move out of the way or wildlife on land are less disturbed by
the PWC presence. There have been no documented cases of PWC operators
deliberately harassing or chasing birds or other wildlife on Lake
Amistad, and no documented collisions with waterfowl or wildlife.
Waterfowl migrate to Amistad during the winter when there is less
PWC use. The primary season for PWC use is May to September and most
personal watercraft are not used in the early spring due to water and
air temperatures. Therefore it is unlikely that most wildlife would be
disturbed during the breeding season. During rearing, PWC use could
cause short-term temporary effects when the craft are beached on land.
Due to the low habitat productivity, as well as the low number of PWC
users, impacts to wildlife and wildlife habitat would be negligible at
most locations. (For an explanation of terms such as ``negligible'' and
``adverse'' in regard to wildlife and wildlife habitat see pages 116-
117 of the Environmental Assessment.)
As noted in the ``Water Quality'' section, continued use of PWC
would create pollutant loads that are well below water quality criteria
and ecotoxicological benchmarks, so there would likely be no or
negligible impacts to fish related to water contamination. Also, fish
generally will flee to avoid personal watercraft, and PWC use is not
expected to significantly disrupt any spawning areas, since a majority
of the spawning activity occurs during the shoulder season of PWC use
(February through April).
Since PWC users are required to operate at flat wake speed within
50 feet of the shoreline (in accordance with Texas Water Safety Act),
impacts on wildlife and wildlife habitat would be negligible at most
locations. The effects from PWC speed and noise or proximity to
wildlife would be limited as well. In addition, few wildlife occur on
the open water, where speeds are higher. On a cumulative basis, all
visitor activities would continue to have negligible to minor adverse
effects on wildlife and wildlife habitat. All wildlife impacts would be
temporary and short term. Implementation of this proposal would not
result in an impairment to wildlife or wildlife habitat.
Threatened, Endangered, or Special Concern Species
The Endangered Species Act (16 U.S.C 1531 et seq.) mandates that
all Federal agencies consider the potential effects of their actions on
species listed as threatened or endangered. If the National Park
Service determines that an action may adversely affect a federally
listed species, consultation with the U.S. Fish and Wildlife Service is
required to ensure that the action will not jeopardize the species'
continued existence or result in the destruction or adverse
modification of critical habitat. With regard to the federal status
species, the American peregrine falcon, black-capped vireo, brown
pelican, interior least tern, and whooping crane (all listed as
endangered) may occur within Amistad National Recreation Area. The
arctic peregrine falcon, bald eagle, and piping plover, and Devils
River minnow (all listed as threatened) may also occur within the park.
Among the listed species, the interior least tern has habitat
closest to the use areas. Interior least terns lay eggs in the ground
and often use the islands within the lake as nesting areas. The park
closes all tern nesting areas to public use, including PWC and other
vessel access, by posting signs in the water. Other species of birds
always nest high enough above ground not to be affected by PWC-related
wave action or shoreline access.
Overall, PWC use at Amistad under this proposed rule would have no
effect or would not likely adversely affect any federal or state listed
species, since most identified species are either not present as
permanent residents, do not have preferred habitat in PWC use areas, or
are not normally accessible. (For an explanation of terms such as
``negligible'' and ``adverse'' in regard to threatened, endangered, or
special concern species see page 122 of the Environmental Assessment.)
Cumulative effects from all park visitor activities are not likely to
adversely affect these species since the identified species are not
present, do not nest in the park, or are not accessible during the
course of normal visitor activities, which are primarily water-based
recreation. Therefore, this proposed rule would not result in an
impairment of
[[Page 60310]]
threatened, endangered, or special concern animal or plant species.
Shoreline Vegetation
Under the proposed regulation, PWC operators would be allowed to
travel along the shoreline wherever motorized vessels are allowed so
long as they are operated at flat wake speed within 50 feet of the
shore. Hidden Cave Cove, Painted Canyon, and Seminole Canyon would
remain closed under the proposed rule to all vessels. Vessels would be
prohibited from landing on islands during Interior Least Tern nesting
activities. All vessels operating within harbors, mooring areas, and
any other areas marked by buoys, are required to operate at flat wake
speed only. While personal watercraft use occurs throughout the
reservoir, the primary location for potential impacts would be where
PWC use is most prevalent. These areas include the San Pedro arm of the
reservoir (at the end of Spur 454) and the Indian Springs area in the
upper Devils River arm of the lake. Other impacts include negligible
short-term wave action and trampling caused by PWC operators landing
their craft and walking on the shore.
Fluctuating water levels create more potential for short- and long-
term erosion and impacts to shoreline vegetation than any other
sources, followed by wind, other motorized boats, and personal
watercraft. Fluctuating water levels greatly deter the development of
hydrophytic shoreline vegetative or aquatic vegetation and largely
prevent the growth of shoreline vegetation.
Allowing PWC use at Amistad National Recreation Area would have
negligible adverse impacts to shoreline vegetation over the short and
long term, with no perceptible changes in plant community size,
integrity, or continuity. (For an explanation of terms such as
``negligible'' and ``adverse'' in regard to shorelines see page 130 of
the Environmental Assessment.)
Visitor Experience
Impacts on PWC Users. There would be no change to PWC use or
activity as compared to the conditions during 2002. Therefore, the
proposed rule would have no new effects on the experiences of PWC users
at Amistad National Recreation Area.
Impacts on Other Boaters. Other boaters to Amistad National
Recreation Area would continue to interact with PWC operators.
Generally, few nonmotorized craft use Lake Amistad (sea kayaks and
canoes), so interactions with these user groups are infrequent.
Motorboats are more likely to interact with PWC. There are three
locations with the potential for boat/PWC interactions: near the Spur
454 boat ramp, on the Devils River upstream from the Rough Canyon boat
ramp, and directly in front of the Diablo East harbor. Although no
accidents or conflicts have been documented in these areas, the
potential exists. Based on this analysis, the proposed rule would have
negligible adverse effects on the visitor experience of other boaters
for the existing and future conditions. (For an explanation of terms
such as ``negligible'' and ``adverse'' in regard to visitor experience
see page 130 of the Environmental Assessment.)
Impacts on Other Visitors. Swimmers, hikers, and other visitors
would have contact with PWC users. San Pedro Canyon is a popular PWC
destination, and new undesignated swim beaches in this area have become
very popular on weekends, with as many as 60 swimmers at one beach. On
July 4, 2001 a high of 14 PWC trailers were counted at Spur 454, which
serves the San Pedro area. Boat ramps at Diablo East and 277 North also
serve the San Pedro Canyon. PWC use would have moderate adverse effects
on swimmers in San Pedro Canyon.
Receding lake levels have led to decreased visitation to park
campgrounds. Because campgrounds are currently high above the lake
level, contact between campers and PWC users is low. However, lake
levels could rise, camping visitation could increase, and contact
between the two groups could increase. PWC use would have negligible to
minor adverse effects on visitors to park campgrounds and minor adverse
effects at higher water levels.
Boaters often camp along the shoreline (outside park campgrounds)
and may be affected by PWC use. However, because these undesignated
campsites are located along the shore, campers would be exposed to
motorized boat use as well as PWC use. It is likely that these campers
move on after spending the night, and since PWC use is restricted to
the hours between sunrise and sunset, they would experience little
contact with PWC users. PWC use would have negligible adverse effects
to these campers.
The primary activities at Amistad National Recreation Area that may
affect visitor experiences include the number and activities of other
visitors, and noise from motorboats. No other actions are currently
planned that would affect PWC use or visitor experiences within the
national recreation area. According to a 2001 visitor survey, most
visitors are satisfied with their experiences at the park. Cumulative
impacts related to the use of personal watercraft, motorized boats, and
other visitor activities would be negligible over the short and long
term because there would be little noticeable change in visitor
experiences, even with projected PWC and boat use increases.
Continued PWC use at Amistad National Recreation Area would have
negligible adverse impacts on experiences for most visitors in the
short and long term. PWC use would have long-term, negligible, adverse
impacts on shoreline campers, but long-term, minor adverse impacts on
swimmers and other visitors using official park campgrounds and
desiring an experience characterized predominantly by natural quiet.
When related to other visitor activities, PWC use would not appreciably
limit the critical characteristics of visitor experiences.
Cumulative effects of PWC use, other watercraft, and other visitors
would continue to result in long-term, negligible to minor, adverse
impacts, since there would be little noticeable change in visitor
experiences. Most visitors would continue to be satisfied with their
experiences at Amistad National Recreation Area.
Visitor Conflict and Safety
Few PWC accidents have been reported at Amistad National Recreation
Area, and there have been some incident reports, most involving PWC
users and swimmers or other boaters. Staff receive infrequent calls for
assistance in locating a PWC operator who is overdue or ``missing.''
Running out of gas is also a concern and may be hazardous because of
the vast size of the park. The park conducts regular boat patrols,
which will help to identify potential PWC/visitor safety issues.
Divers may be present within the recreation area at submerged ranch
home locations. No conflicts between PWC users and divers have been
observed. Divers set buoys to identify their location, so PWC users
should be able to avoid these areas and any resulting conflicts.
PWC speeds, wakes, and operations near other users can pose hazards
and conflicts, especially to canoeists and sea kayakers. Currently very
few nonmotorized boats are used in the national recreation area, but
conflicts could occur with personal watercraft, particularly if PWC use
increased as predicted. To date, few conflicts have been reported.
PWC User/Swimmer Conflicts. In 10 years it is estimated that an
average 37 personal watercraft would be in use in the reservoir during
peak use days. The
[[Page 60311]]
number of swimmers at the reservoir has been decreasing with reductions
in lake levels, which has led to the creation of several undesignated
swim beaches.
The greatest potential for conflict with swimmers is near Diablo
East and San Pedro Canyon. This is where many of the park's visitors
swim, and it includes popular PWC boat launches. Buoys warning
motorized watercraft to keep out of the official swim areas were
vandalized, and PWC users occasionally enter these areas. Amistad is
working with the USCG to replace those buoys. Of the five designated
swim beaches, all but one are in the area of Diablo East or San Pedro
Canyon. Most currently experience little to no use due to low lake
levels.
Of the three new undesignated swim beaches, one is also popular
with PWC users. All are located in the San Pedro Canyon area. A total
of approximately 80 to 120 swimmers use these beaches on busy summer
weekend days. An estimated 20 to 25 personal watercraft are launched in
this area during peak use days. The potential exists for an accident
involving a swimmer, particularly if lake levels rise and swimmer
visitation increases to previous levels. Due to the number of visitors
involved, impacts at this location are predicted to be moderate
adverse. Amistad maintains the authority to close areas to swimming or
PWC use should the conflicts escalate. The NRA will also be seeking to
increase buoys in swimming areas and work to coordinate land-based and
water-based patrols to further mitigate the possibility of swimmer/PWC
conflicts.
The remaining reservoir locations would have little or no conflict
between PWC users and swimmers because designated and undesignated swim
beaches are concentrated in the Diablo East and San Pedro Canyon areas.
There is one designated swim beach at Rough Canyon, but the swim area
currently has no water due to low lake levels. Thus, conflicts in other
areas would constitute negligible, adverse impacts over the short and
long term. All motorized vessels are prohibited from entering
designated swimming areas. The recreation area continues to work with
the USCG to install buoys informing boaters to ``Keep Out'' of swimming
areas.
Overall, PWC use would have minor adverse impacts on swimmers at
Amistad National Recreation Area. Impacts would be perceptible to a
relatively small number of visitors at localized areas, primarily at
San Pedro Canyon where the undesignated beaches exist.
PWC Users/Other Boater Conflicts. Other motorized watercraft are
distributed throughout the reservoir. Their use patterns are not
exactly the same as those for personal watercraft, but the two groups
do use the same areas. Motorboats are concentrated in the Castle Canyon
area, the Devils River area between the Devils Shores subdivision and
Indian Springs, and the area in front of Amistad Dam. The same launch
ramps that are popular with PWC users are also popular with
motorboaters. The Spur 454 boat ramp, Devils River upstream of the
Rough Canyon boat ramp, and the area in front of the Diablo East harbor
have the most potential for conflicts between PWC users and
motorboaters. These three launch areas experience the highest visitor
use. Traffic gets congested in these areas, which increases the risk of
collision and the potential for conflicts. Because both motorized boat
and PWC use are projected to increase each year (2% and 1.5%
respectively), the potential for conflicts could increase in this area,
resulting in minor to moderate adverse impacts.
The remaining areas of the reservoir would experience negligible
conflicts between PWC users and other motorboaters, due to the small
number of watercraft being launched at these areas.
Overall, PWC use would continue to have minor adverse impacts on
other motorized boat users at Amistad National Recreation Area. Impacts
would be perceptible to visitors at localized areas, primarily at Spur
454, Devils River upstream of Rough Canyon, and the Diablo East harbor.
Conflicts at other locations would remain negligible because use is
lower, and conflicts would be less likely to occur.
Allowing PWC use would have short- and long-term, minor to moderate
adverse impacts on visitor conflicts and safety in the areas near Spur
454, the Devils River upstream of Rough Canyon, and in front of the
Diablo East harbor due to the number of visitors and boats present on
high use days. Conflicts at other locations would remain negligible
because use is lower, and conflicts would be less likely to occur.
Cumulative impacts related to visitor conflicts and safety would be
minor to moderate for all user groups in the short and long term,
particularly near the three areas listed above. Cumulative impacts in
other segments would be negligible because of reduced use.
Cultural Resources
Under the proposed rule, PWC use would be allowed within Amistad
National Recreation Area with few locational restrictions. PWC users
would continue to have access to archeological and submerged cultural
resources under this alternative. Four national historic districts
within the national recreation area are listed on the National Register
of Historic Places; additional sites are located outside the districts.
Not all identified sites have been formally evaluated for national
register eligibility.
The most likely impact to archeological and submerged cultural
sites would result from PWC users landing in areas and illegally
collecting or damaging artifacts. According to park staff, looting and
vandalism of cultural resources is not a substantial problem. A direct
correlation of impacts attributed to PWC users is difficult to draw,
since many of these areas are also accessible to hikers or other
watercraft users. Under this proposed rule the low number of PWC users
within the national recreation area would have only minor adverse
impacts on potentially listed archeological resources.
Allowing PWC use under this proposed regulation is not expected to
negatively affect the overall condition of cultural resources because
site specific condition inventories, surveys and mitigation would still
be conducted. To further reduce the likelihood of damage to cultural
resources, this rule proposes to close all or a portion of Hidden Cave
Cove, Painted Canyon, Seminole Canyon and all terrestrial cave and
karst features. Closing these areas will protect a variety of resources
but most noteably the cultural resources located in these areas
including cave drawings and lithic artifacts.
PWC use within the national recreation area could have minor
adverse impacts on potentially listed archeological sites and submerged
resources from possible illegal collection and vandalism. (For an
explanation of terms such as ``negligible'' and ``adverse'' in regard
to cultural resources see page 145 the Environmental Assessment.)
On a cumulative basis impacts to all visitor activities could
result in minor to moderate adverse impacts on those resources that are
readily accessible, due to the number of visitors and the potential for
illegal collection or destruction. PWC use could have minor adverse
impacts on cultural resources from possible illegal collection and
vandalism.
[[Page 60312]]
Therefore implementation of this proposed rule would not result in
an impairment of cultural resources.
The Proposed Rule
PWC use would be allowed under a special regulation in 36 CFR 7.79
and would be managed consistent with the management strategies in
effect before November 7, 2002. PWC users could travel wherever other
motorized vessels are allowed. Under the present ``Superintendent's
Compendium,'' Hidden Cave Cove, Painted Canyon and Seminole Canyon are
closed to all vessels. Due to Homeland Security concerns, the water
extending 1000 feet from Amistad Dam is closed to all boating use,
motorized and non-motorized. Consistent with the current
``Superintendent's Compendium'', the proposed rule prohibits all PWC
users (and others under the Compendium authority), from landing in
areas with interior least tern nesting colonies. Terns nest on islands
and peninsulas on the lake from May 1 through August 31. To avoid
disturbing nesting activity, these areas are closed to all public use
during the nesting season, and signs are posted to warn visitors not to
approach. Additionally, the staff at Amistad enforces 36 CFR part 3
regulations. These regulations adopt all non-conflicting State of Texas
watercraft laws and regulations.
Compliance With Other Laws
Regulatory Planning and Review (Executive Order 12866)
This document is a significant rule and has 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. The National Park Service has completed the report
``Economic Analysis of Personal Watercraft Regulations in Amistad
National Recreation Area'' (MACTEC Engineering, November 2002).
(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 raise novel legal or policy issues. This rule is
one of the special regulations being issued for managing PWC use in
National Park Units. The National Park Service published general
regulations (36 CFR 3.24) in March 2000, requiring individual park
areas to adopt special regulations to authorize PWC use. The
implementation of the requirement of the general regulation continues
to generate interest and discussion from the public concerning the
overall effect of authorizing PWC use and National Park Service policy
and park management.
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.).
This certification is based on a report entitled ``Economic Analysis of
Personal Watercraft Regulations in Amistad National Recreation Area''
(MACTEC Engineering, November 2002).
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. It has no outside effects on other areas
by allowing PWC use in specific areas of the park.
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 and has prepared
a draft Environmental Assessment (EA). The EA was available for public
review and comment from April 9, 2003 to May 3, 2003. Copies of the
environmental assessment may be downloaded at http://www.nps.gov/amis/pwc.pdf or obtained at park headquarters Monday through Friday, 8am to
5pm, just west of Del Rio at 4121 Hwy 90 W. Mail inquiries should be
directed to: Amistad National Recreation Area, HCR 3 Box 5J, Del Rio TX
78840, Phone (830) 775-7491.
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.
There are 17 tribes with historical ties to the lands of the
Amistad NRA. However, none of those tribes have any
[[Page 60313]]
current association with Amistad nor are there any tribes with close
geographic ties to the area. Since any actions the park proposes in
this rule are not expected to have any effects on these 17 tribes, no
consultation has occurred.
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. 7.79 Amistad Recreation Area. (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 email the comments to this address: [email protected].
Drafting Information: The primary authors of this regulation are:
Mark Morgan, Management Assistant, and Rick Slade, Chief of
Interpretation, Amistad NRA; Sarah Bransom, Environmental Quality
Division; and Kym Hall, NPS Washington, DC.
Public Participation
If you wish to comment, you may submit your comments by any one of
several methods. You may mail comments to Amistad National Recreation
Area, HCR 3 Box 5J, Del Rio TX 78840. You may also comment via the
Internet to [email protected]. Please also include ``PWC 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 Amistad
National Recreation Park, 4121 Highway 90 West, Del Rio, Texas.
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
District of Columbia, 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 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. Add new paragraph (d) to Sec. 7.79 to read as follows:
Sec. 7.79 Amistad Recreation Area.
* * * * *
(d) Personal Watercraft (PWC).
(1) PWCs are allowed within Amistad National Recreation Area with
the following exceptions:
(i) The following areas are closed to PWC use:
(A) Hidden Cave Cove (where marked by buoys), located on the Rio
Grande.
(B) Painted Canyon (where marked by buoys), located on the Rio
Grande.
(C) Seminole Canyon, starting 0.5 miles from the mouth of the Rio
Grande.
(D) Government coves at Diablo East and Rough Canyon to include the
water and shoreline to the top of the ridge/property line.
(E) All terrestrial cave and karst features.
(F) The Lower Rio Grande area below Amistad Dam.
(G) The water area extending 1000 feet out from the concrete
portion of Amistad Dam.
(ii) PWC are prohibited from landing on any island posted as
closed.
(2) The Superintendent may temporarily limit, restrict or terminate
access to the areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives.
Dated: October 14, 2003.
Paul Hoffman,
Acting Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 03-26577 Filed 10-21-03; 8:45 am]
BILLING CODE 4310-70-P