[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Notices]
[Pages 62879-62882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29852]
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DEPARTMENT OF THE INTERIOR
[NM-931-06-1210-00 (600)]
Reestablishment of Visitor Restrictions for Designated Recreation
Sites, Special Recreation Management Areas, and Other Public Land in
the Roswell District, NM
AGENCY: Bureau of Land Management (BLM), Interior.
ACTION: Notice of reestablishment of visitor restrictions for
designated Recreation sites, Special Recreation Management Areas and
other public lands in the Roswell District, New Mexico.
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SUMMARY: The Roswell District Bureau of Land Management (BLM), is
reestablishing visitor restrictions for use of those public lands
within the Roswell District, New Mexico under the New Mexico State
Director's Signature. The previous visitor restrictions were published
in the Federal Register Vol. 60, No. 90, on May 10, 1995, and signed by
the Roswell District Manager. The only correction to the previous
document is a date change pertaining to entering the following listed
caves within the Roswell District. Fort Stanton, Torgac, Torgac Annex,
Crocket, Crystal, Big-Eared Cave, Bathole, Malpais Madness, Tres Ninos
and Feather Cave will be closed from November 1 to April 15 due to Bat
hibernation. These visitor restrictions are necessary for the
management of actions, activities and use of public lands, including
those which are acquired or conveyed to the BLM.
EFFECTIVE DATE: December 7, 1995.
ADDRESSES: Any suggestions or inquiries should be addressed to the
District Manager, Roswell District Office, 1717 West 2nd, Roswell, New
Mexico 88201, Telephone: (505) 627-0272, during normal business hours
(7:45 a.m. to 4:30 p.m., MST) at the above address.
FOR FURTHER INFORMATION CONTACT:
Paul Happel, Natural Resource Specialist, BLM, Roswell District Office,
1717 West 2nd Roswell, New Mexico 88201, Telephone: (505) 627-0203.
SPECIFIC COMMENTS: A proposed ``establishment of visitor restrictions
for
[[Page 62880]]
designated recreation sites, special recreation management areas, and
other public lands in the Roswell District, New Mexico'' was published
in the Federal Register on January 24, 1995, (60 FR No. 15) and
provided for a 30-day public comment period that ended February 23,
1995. One letter was received from Gun Owners of America, which
contained numerous specific comments. One of the comments urged the BLM
to extend the public comment period to 60 days. The BLM Roswell
District believes that a 30-day public comment period was adequate for
this notice. Another comment stated that the rule as it is related to
firearms is vague and will infringe upon Second Amendment rights of law
abiding citizens. The BLM Roswell District believes the notice
adequately describes firearms under the definition of a weapon. Another
comment stated the rule would unduly interfere with the right of self
defense. The BLM Roswell District believes that under State law, self
defense of one's life would not preclude a person from protecting
themselves. Another comment stated the rule would require someone to
get a written permit (in advance) in order to discharge a firearm
within \1/2\ mile of a developed recreation site. Based on this
comment, the BLM Roswell District has changed the wording on the
visitor restriction of discharge of firearms from \1/2\ mile to 150
yards. This change corresponds with State law and other Federal
agencies providing for public safety. Another comment stated the
regulation does not contain a clear definition of what a developed
recreation site and area is. The BLM Roswell District believes that a
``developed recreation site and area'' has been adequately described in
the Definitions and in the proposed Federal Register notice. The
definition is also described in the Code of Federal Regulations 43 CFR
8360.0-5(C). Another comment recommended that the regulation be
redrafted and tightened to focus on conduct which poses a danger. It
goes on to state that the rule would restrict the discharge of firearms
in recreation areas. The BLM, under rules of Conduct of Federal
Regulations 43 CFR 8365.2-5 (A)., states on developed recreation sites
and areas, unless otherwise authorized, ``No person shall: (a)
discharge or use firearms, other weapons or fireworks''. Another
comment objected to the breadth of the conditions under which use of a
firearm is banned, such as long guns being broken down or otherwise
rendered inoperable and should be stored out-of-site. The BLM Roswell
District has shortened the wording to read: ``Using weapons in
violation of State laws within developed campsites or picnic areas''.
Another comment stated that the commentator is concerned that if an
individual uses a firearm while being attacked they would be arrested.
The BLM Roswell District believes that self protection of one's life is
established by State laws and that this restriction would not preclude
a person from protecting his/her life.
SUMMARY: The proposed restrictions are necessary for the management of
actions, activities, and use on public lands, including those which are
acquired or conveyed to the BLM. The making of Rules of Conduct is
provided for under Title 43 CFR Subpart 8365. These proposed
regulations establish rules of conduct for the protection of persons,
property, and public land resources. As a visitor to public lands, the
user is required to follow certain restrictions designed to protect the
lands and the natural environment, to ensure the health and safety of
visitors, and to promote a pleasant and rewarding outdoor experience.
This notice supersedes previous notices published in the Federal
Register on January 22, 1991, (Vol. 56, No. 14), and correction to
Supplementary Rules No. 2. February 1, 1991, Vol. 56, No. 28,
establishing Supplementary Rules for Designated Recreation Sites;
Special Recreation Management Areas and Other Public Lands in New
Mexico. More specifically, the purpose falls into the following
categories:
Implementation of Management Plans--Certain prohibited
activities have been recommended as Restrictions for designated
recreation sites and Special Recreation Management Areas (SRMA's). In
order to implement these recommendations, they must be published as
specific prohibited acts in the Federal Register. Use of Rules of
Conduct Section of 43 CFR, Subpart 8365, is the most appropriate way of
implementation. Rationale for these recommendations is presented in its
entirety in the Carlsbad Resource Management Plan, the Roswell
Management Framework Plan or Recreation Management Plan for the
specific areas.
Mitigation of User Conflict--Certain other visitor
restrictions are recommended because of specific user conflict
problems. Prohibiting the reservation of camping space in developed
campgrounds will allow such space to be available on a first-come-
first-served basis. This will prevent people from monopolizing the use
of limited developed camping space. Prohibition of motorized vehicle
free-play (operation of any 2-, 3-, or 4-wheel motor vehicle for
purposes other than accessing a campsite) is recommended to minimize
the noise and nuisance factors that such activities represent in
developed recreation sites.
Public Health and Safety--The erection and maintenance of
unauthorized toilet facilities or other containers for human waste on
the public land could represent a major threat to public safety and
health. Toilet structures may be permitted by the authorized officer on
a case-by-case basis and only when appropriate State and local permits
have been obtained. It should be noted that shooting restrictions
recommended do not prohibit legitimate hunting activities except within
150 yards of developed sites. Recreational shooters will be encouraged
to use public land where such shooting and restrictions do not apply
and this use does not significantly conflict with other uses.
Complementary rules--Some restrictions, such as parking or
camping near water sources, are recommended to compliment those of
State and local agencies. Because these restrictions provide for the
protection of persons and resources in the interest and spirit of
cooperation with the responsible agencies, these restrictions are
deemed necessary.
Definition: As used in these visitor restrictions, the term:
--SRMA means an area where special or more intensive types of resource
and user management are needed.
--A developed recreation site and area means sites and areas that
certain structures or capital improvements primarily used for
recreation purposes by the public. Development may very from limited
development for protection of the resources and the safety of users to
a distinctly defined site in which developed facilities that meet the
Land and Water Conservation Fund Act of 1965 (as amended) criteria for
a fee collection site are provided for concentrated public recreation
use.
--Public lands means any lands, interest in lands, or related waters
owned by the United States and administered by the BLM. Related waters
are waters which lie directly over or adjacent to public lands and
which require management to protect Federally administered resources or
to provide for enhanced visitor safety and other recreation
experiences.
--Camping means the erecting of a tent or shelter of natural or
synthetic material, preparing a sleeping bag or
[[Page 62881]]
other bedding material for use, or the parking of a motor vehicle,
motor home, or trailer for the apparent purpose of overnight occupancy.
Occupying a developed camp site or an approved location within
developed recreation areas and sites during the established night
period of 10:00 p.m. to 6:00 a.m. will be considered overnight camping
for fee collection and enforcement purposes.
--Campfire means a controlled fire occurring outdoors for cooking,
branding, personal warmth, lighting, ceremonial, or aesthetic purposes.
--Abandonment means the voluntary relinquishment of control of property
for longer than a period specific with no intend to retain possession.
--Administrative activities means those activities conducted under the
authority of the BLM for the purpose of safeguarding persons or
property, implementing management plans and policies developed in
accordance and consistent with regulations or repairing or maintaining
facilities.
--Pet means a dog, cat, or any domesticated companion animal.
--Occupancy means the taking or holding possession of a camp site,
other location, or residence on public land.
--Vehicle means any motorized or mechanized device, including bicycles,
hang gliders, ultra lights, and hot air balloons which is propelled or
pulled by any living or other energy source, and capable of travel by
any means over ground, water, or air.
--Authorized Officer means any employee of the BLM who has been
delegated the authority to perform under Title 43.
--Stove fire means a fire built inside an enclosed stove or grill, a
portable brazier, or a pressurized liquid or gas stove, including
space-heating devices.
--Weapon means a firearm, compressed gas or spring-powered pistol or
rifle, bow and arrow, crossbow, blowgun, spearguns, slingshot, irritant
gas device, explosive device, or any other implement designed to
discharge missiles or projectiles; hand-thrown spear, edged weapons,
nun-chucks, clubs, billy-clubs, and any device modified for use or
designed for use as a striking instrument; includes any weapon the
possession of which is prohibited under New Mexico law.
--Historic or prehistoric structure or ruin site means any location at
least 50 years old which meets the standards for inclusion on the
National Register of Historic Places as defined in 36 CFR 60.4, without
regard to whether the site has been nominated or accepted.
Visitor Restrictions--All Public Lands: In addition to regulations
contained in 43 CFR 8365.1, the following visitor restrictions apply to
all public lands, including those lands acquired or conveyed to the BLM
and related waters. The following are prohibited unless authorized by
written permit:
Sanitation
To construct or maintain any pit toilet facility.
The dumping or disposal of sewage or sewage treatment
chemicals from self-contained or containerized toilets, except at
facilities provided for that purpose.
To shower or bathe at any improved or developed water
source, outdoor hydrant pump, faucet or fountain, or restroom water
faucet unless such water source is designated for that purpose.
Occupancy and Use
To camp or occupy any site on public lands or any approved
location, including those in developed recreation areas and sites or
SRMA's, for a period longer than 14 days within any period of 28
consecutive days. Exceptions, which will be posted, include areas
closed to camping and areas or sites with other designated camping stay
limits. The 28-day period begins when a camper initially occupies a
specific location on public land. The 14-day limit may be reached
either through a number of separate visits or through 14 days of
continuous occupation. After the 14th day of occupation, campers must
move beyond a 25-mile radius from the previous location. When a camping
limit has been reached, use of any public land site within the 25-mile
radius shall not occur again until at least 30 days have elapsed from
the last day of authorized use.
To park any motor vehicle for longer than 30 minutes, or
camping within 300 yards of any spring, man-made water hole, water
well, or watering tank used by wildlife or domestic stock.
To dispose of any burning or smoldering material except at
sites or facilities provided for that purpose.
Unauthorized cutting, removing, or transporting woody
materials including, but not limited to:
1. Any type or variety of vegetation (excluding dead and downed),
2. Fuelwood or firewood, either green or standing deadwood or,
3. Live plants (except for consumption, medicinal purposes, study
or personal collection).
Removing or transporting any mineral resources including,
but not limited to, rock, sand, gravel, and minerals on or from public
lands without written consent, proof of purchase, or a valid permit.
Collection of specimens and samples in reasonable amounts for personal
noncommercial use, under 43 CFR 8365.1-5(b) is not affected by this
section.
Collection or removal of any natural resource, including
wood for campfires, where such restrictions are posted.
Failure to prevent a pet from harassing, molesting,
injuring, or killing humans, wildlife or livestock.
Violation of the terms, stipulations, or conditions of any
permit or use authorization.
Failure to show a permit or use authorization to any BLM
employee upon request.
Camp or occupy or build any fire on, or in, any historic
or prehistoric structure or ruin site.
Competitive or commercial operations or events without a
Special Recreation Permit.
Vehicles
Operation of an off-rode vehicle without full-time use of
an approved spark arrester and muffler.
Failure to display the required State off-road vehicle
registration.
Lubricating or repairing any vehicle, except repairs
necessitated by emergency.
Operate, park, or leave a motorized vehicle in violation
of posted restrictions or in such a manner or location as to:
1. Create a safety hazard,
2. Interfere with other authorized users or uses,
3. Obstruct or impede normal or emergency traffic movement,
4. Interfere with or impede administrative activities,
5. Interfere with the parking of other vehicles, or
6. Endanger property or any person.
Public Health and Safety
Possession or use of fireworks.
Leaving a campfire unattended, or failing to completely
extinguish a fire after use.
The sale or gift of an alcoholic beverage to a person
under 21 years of age.
The possession of an alcoholic beverage by a person under
21 years of age.
Ignite or burn any material containing or producing toxic
or hazardous material.
Carrying of concealed weapons.
[[Page 62882]]
State and Local Laws
Failure to comply with all applicable State of New Mexico
regulations for boating safety, equipment, and registration.
VISITOR RESTRICTIONS--DEVELOPED RECREATION SITES/AREAS AND SPECIAL
RECREATION MANAGEMENT AREAS: In addition to the regulations contained
in 43 CFR 8356.1, 8365.2 and those listed above, the following visitor
restrictions will be applied in accordance with 43 CFR 8365.2: The
following activities are prohibited unless authorized by written
permit:
Failure to immediately remove and dispose of in a sanitary
manner, all pet fecal material, trash, garbage or waste created.
Failing to physically restrain a pet at all times within
developed campsites and picnic areas. Pets are prohibited where posted
on all designated nature or interpretive trails and from entering
caves. Animals trained to assist handicapped persons are exempt from
this rule.
Reserving camping space, except at group facilities.
Camping space is available on a first-come-first-serve basis.
Failure to maintain quiet between the hours of 10:00 p.m.
to 6:00 a.m. or other hours posted. During this period no person shall
create noise which disturbs other visitors.
More than two motorized vehicles and/or 10 individuals at
any one approved site not designated for group use or parking area.
Groups exceeding these limits must use a group site or additional
designated sites.
Vehicles off of existing or designated roads and trails
unless facilities have been specifically provided for such use.
Motorized vehicles will be operated for access to and from developed
facilities only.
To park in or occupy a parking space posted or marked for
handicapped use without displaying an official identification tag or
plate.
Posting or distribution of any signs, posters, printed
material, or commercial advertisements.
The discharge of firearms or other weapons, hunting and
trapping within 150 years of developed recreation sites and areas.
Using weapons in violation of State law within developed
campsites or picnic areas.
Disposing of any waste or grey water except where
facilities are provided.
Bringing equine stock, llama, cattle, or other livestock
within campgrounds or picnic areas unless facilities have been
specifically provided for such use.
Gathering or collecting woody plants or any other natural
resources, minerals, cultural, or historical artifacts that require
permits.
cutting or gathering of green trees or their parts or
removal of down or standing dead wood for any purpose.
Not adhering to fire danger ratings issued by government.
Entering the following caves from November 1 to April 15
of each year: Fort Stanton, Torgac, Torgac Annex, Crockett, Crystal,
Big-Eared Cave, Bat Hole, Malpais Madness, Tres Ninos and Feather. Only
personnel engaged in authorized scientific bat studies, census,
monitoring, and emergencies will be allowed to enter caves during this
time, due to bat hibernation.
Entering a cave without each person wearing a safety
helmet (hard hat) with chin strap and at least three sources of light.
Annoying or disturbing bats at any time.
List of Developed Recreation Sites/Areas and Special Recreation
Management Areas
1. Valley of Fires Recreation Area (Roswell Resource Area).
T. 7 S., R. 10 E.,
Sec. 29, 30.
2. Fort Stanton SRMA (Roswell Resource Area).
T. 9, 10 S., R. 14, 15 E.
3. Mescalero Sands North Dune SRMA (Roswell Resource Area).
T. 10 S., R. 30 E.,
Sec. 34, 35.
4. Cave SRMA's--McKittrick Hill, Lost, Fence Canyon, Manhole,
Yellowjacket/Lair, Chosa Draw, Mudgetts, Honest Injun, KFF Caverns,
Fort Stanton Cave, Torgac Cave, and Crockett's Cave.
5. Dark Canyon SRMA (Carlsbad Resource Area).
T. 24 S., R. 23, 24E.
6. Lonesome Ridge SRMA (Carlsbad Resource Area).
T. 26 S., R. 22E.,
Sec. 19-21, 29-31.
7. Pecos River Canyon Complex (Carlsbad Resource Area).
T. 24, 25., R. 29, 30E.
8. Guadalupe Escarpment Scenic Area (Carlsbad Resource Area).
T. 23-26 S., R. 22-26 E.
9. Alkali Lake Off-road Vehicle Area (Carlsbad Resource Area).
T. 21 S., R. 27 E.,
Sec. 4, 5, 9.
10. Hackberry Lake Off-road Vehicle Area (Carlsbad Resource
Area).
T. 18-20 S., R. 30, 31 E.
11. Pecos River Corridor (Carlsbad Resource area).
T. 22 S., R. 27 E., river section to
T. 26 S., R. 29 E.
12. Cosa Draw SRMA (Carlsbad Resource Area).
T. 25 S., R. 25 E.,
Sec. 20-22, 27-29, 33.
13. Overflow Wetlands (Roswell Resource Area).
T. 11, 12 S., R. 25, 26 E.
SUPPLEMENTARY INFORMATION: The New Mexico State Director is
reestablishing these visitor restrictions, which are necessary for the
protection of persons, property, and public lands and resources
currently under the Bureau's administration within the Roswell
District, New Mexico and those lands acquired for inclusion within the
administrative jurisdiction of the BLM as provided for in 43 CFR
8365.1-6. These Visitor Restrictions apply to all persons using public
lands. Violations of these restrictions are punishable by a fine not to
exceed $1,000 and/or imprisonment not to exceed 12 months. Exceptions
to the following visitor restrictions may be permitted by the
authorized officer subject to limits and restrictions of controlling
Federal and State law. Persons granted use exemptions must possess
written authorization from the BLM Office having jurisdiction over the
area. Users must further comply with the zoning, permitting, rules, or
regulatory requirements of other agencies, where applicable.
Dated: November 20, 1995.
William C. Calkins,
State Director.
[FR Doc. 95-29852 Filed 12-6-95; 8:45 am]
BILLING CODE 4310-FB-M