Rule2023-27746
Final Supplementary Rule for Roped and Aerial Activities in the Moab Canyons Special Wildlife Area (In and Near Mineral and Hell Roaring Canyons) in Grand County, Utah
Primary source
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Published
December 18, 2023
Effective
January 17, 2024
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) is finalizing a supplementary rule for the Moab Canyons Special Wildlife Area (in and near Mineral and Hell Roaring Canyons) in Grand County, Utah, which prohibits rock climbing except when and where permitted, prohibits other roped and aerial activities, and prohibits the construction or installation of temporary structures. This rule will protect vital wildlife habitat from the impacts of roped and aerial recreational activities.
Full Text
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<title>Federal Register, Volume 88 Issue 241 (Monday, December 18, 2023)</title>
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[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87363-87365]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27746]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_UT_FRN_MO4500172882]
Final Supplementary Rule for Roped and Aerial Activities in the
Moab Canyons Special Wildlife Area (In and Near Mineral and Hell
Roaring Canyons) in Grand County, Utah
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rule.
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SUMMARY: The Bureau of Land Management (BLM) is finalizing a
supplementary rule for the Moab Canyons Special Wildlife Area (in and
near Mineral and Hell Roaring Canyons) in Grand County, Utah, which
prohibits rock climbing except when and where permitted, prohibits
other roped and aerial activities, and prohibits the construction or
installation of temporary structures. This rule will protect vital
wildlife habitat from the impacts of roped and aerial recreational
activities.
DATES: This final supplementary rule is effective January 17, 2024.
ADDRESSES: You may direct inquiries to the BLM Moab Field Office, 82
East Dogwood Avenue, Moab, UT 84532, or <a href="/cdn-cgi/l/email-protection#10727c7d4f65644f7d724f7d71797c50727c7d3e777f66"><span class="__cf_email__" data-cfemail="ed8f8180b29899b2808fb2808c8481ad8f8180c38a829b">[email protected]</span></a>. The
final supplementary rule and accompanying environmental documents are
available for inspection at the BLM Moab Field Office at the address
listed above and on the ePlanning website: <a href="https://eplanning.blm.gov/eplanning-ui/project/1504945/510">https://eplanning.blm.gov/eplanning-ui/project/1504945/510</a>.
FOR FURTHER INFORMATION CONTACT: Jennifer Jones, Moab Field Office
Assistant Manager, 82 East Dogwood Avenue, Moab, Utah 84532, (435) 259-
2100, or <a href="/cdn-cgi/l/email-protection#83e1efeedcf6f7dceee1dceee2eaefc3e1efeeade4ecf5"><span class="__cf_email__" data-cfemail="03616f6e5c76775c6e615c6e626a6f43616f6e2d646c75">[email protected]</span></a>. Individuals in the United States who
are deaf, deafblind, hard of hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Public Comments
III. Discussion of Final Supplementary Rule
IV. Procedural Matters
V. Final Supplementary Rule for the BLM Moab Field Office
I. Background
The BLM is establishing this final supplementary rule under the
authority of 43 CFR 8365.1-6, which allows state directors to establish
supplementary rules for the protection of persons, property, public
lands, and resources. This final supplementary rule applies to public
lands managed by the Moab Field Office. A map of the management area
and boundaries can be obtained by contacting the Moab Field Office (see
ADDRESSES section above).
The final supplementary rule will be available for inspection in
the Moab Field Office or on the ePlanning website.
The public lands managed by the BLM Moab Field Office in
southeastern Utah are a domestic and international tourist destination
hosting three million visitors per year. The Moab Canyons Special
Wildlife Area, which consists of 10,044 acres in and along the walls
and rims of Mineral and Hell Roaring Canyons as well as on the canyon
walls and rims along the Green River corridor connecting these two
canyons, provides important habitat for the Mexican spotted owl (a
federally threatened species); golden eagles and other raptors; Utah's
only endemic herd of desert bighorn sheep; and other wildlife. In
recent years, roped and aerial recreational activities have increased
in these canyons, putting wildlife and their vital habitats at risk.
The goal of this supplementary rule is to protect vital wildlife
habitat from the impacts of roped and aerial recreational activities.
In June 2021, the BLM issued a Decision Record and Finding of No
Significant Impact that prohibited rock climbing except when and where
[[Page 87364]]
permitted; prohibited other roped and aerial activities; and prohibited
the construction or installation of temporary structures in the Moab
Canyons Special Wildlife Area. The Decision Record created a permit
system that allows a limited amount of rock climbing, seasonally, on
specific climbs in designated areas. More specifically, the permit
system prohibits rock climbing permits during critical wildlife seasons
and otherwise limits the number of permits to 35 per year. In
accordance with 43 CFR 2932.11(b)(1), the Decision Record required that
all persons must obtain a permit to rock climb in the special area. The
Decision Record also outlined the need to establish a corresponding
supplementary rule for the special area.
The Decision Record was supported by an environmental assessment
(EA) that analyzed two action alternatives: a total year-round ban on
aerial and roped activities, and the institution of a limited seasonal
permit system allowing some rock-climbing activity at specified
locations. During the 30-day public comment period for the EA, the BLM
received 13 comments. Seven comments supported the total year-round ban
on aerial and roped activities in Mineral and Hell Roaring Canyons. Six
commenters opposed some or all of that proposal and expressed an
interest in greater access for roped and aerial activities. The BLM
considered these public comments in the decision-making process.
II. Discussion of Public Comments
The BLM published the proposed supplementary rule in the Federal
Register on January 31, 2023 (88 FR 6217). During the 60-day public
comment period on the proposed supplementary rule, the BLM received 19
comments; four were fully supportive of the rule and three were
opposed. One commenter asked that the restrictions not apply to
permitted events and another commenter asked for voluntary seasonal
restrictions. The remaining 10 commentors asked that highline use (an
aerial activity involving walking across rope or wire between two high
points) be allowed on a seasonal basis to access the Colorado Bowl
(also known as the Veggie Bowl).
III. Discussion of Final Supplementary Rule
The final supplementary rule prohibits rock climbing except when
and where permitted; prohibits other roped and aerial activities; and
prohibits the construction or installation of temporary structures in
the Moab Canyons Special Wildlife Area (in and near Mineral and Hell
Roaring Canyons). This rule will protect vital wildlife habitat from
the impacts of roped and aerial recreational activities.
Rock climbing and other roped and aerial activities allow human
access into otherwise inaccessible habitats. Other forms of recreation
(e.g., hiking, driving, camping, horseback riding) and other public
land uses, such as livestock grazing, cannot reach those areas. Rock
climbing and other aerial and roped activities adversely affect the
threatened Mexican spotted owl, golden eagles, and other raptors,
because rock climbers and aerialists access the cliffs used by these
species for nesting, foraging, and resting. In addition, desert bighorn
sheep use the talus slopes below the cliffs accessed by rock climbers
and aerialists as escape terrain for the critical life functions that
make herd viability possible. Restrictions have already been placed on
motorized vehicle use, camping, livestock grazing, and mineral
development in these canyons to protect these species through the 2008
Moab Resource Management Plan.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This final supplementary rule is not a significant regulatory
action and is not subject to review by the Office of Management and
Budget under Executive Order 12866 as amended by Executive Order 14094.
The final supplementary rule will not have an annual effect of $200
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 final supplementary rule will not
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency. The final supplementary rule will
not materially alter the budgetary effects of entitlements, grants,
user fees, loan programs, or the rights or obligations of their
recipients; nor does it raise novel legal or policy issues. The final
rule merely establishes rules of conduct for public use on a limited
area of public lands.
National Environmental Policy Act
This final supplementary rule is consistent with and necessary to
properly implement the decision, which was analyzed in EA DOI-BLM-UT-
Y010-2020-0068-EA. The approved environmental analysis is available for
review at the physical and online locations identified in the ADDRESSES
section.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as
amended (5 U.S.C. 601-612), to ensure that government regulations do
not unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule has a significant
economic impact, either detrimental or beneficial, on a substantial
number of small entities. The final supplementary rule merely
establishes a rule of conduct for public use on a limited area of
public lands. Therefore, the BLM has determined the final supplementary
rule will not have a significant economic impact on a substantial
number of small entities.
Small Business Regulatory Enforcement Fairness Act
The final supplementary rule is not ``major'' as defined under 5
U.S.C. 804(2). The final supplementary rule merely establishes rules of
conduct for public use on a limited area of public lands and will not
affect commercial or business activities of any kind.
Unfunded Mandates Reform Act
The final supplementary rule will not impose an unfunded mandate on
State, local, or Tribal governments in the aggregate, or the private
sector of more than $100 million per year; nor will it have a
significant or unique effect on small governments. The final
supplementary rule will have no effect on State, local, or Tribal
governments and will impose no requirements on any of these entities.
The final supplementary rule will merely establish a rule of conduct
for public use on a limited selection of public lands and will not
affect Tribal, commercial, or business activities of any kind.
Therefore, the BLM is not required to prepare a statement containing
the information required by the Unfunded Mandates Reform Act (2 U.S.C.
1531 et seq.).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The final supplementary rule does not have significant takings
implications, nor is it capable of interfering with constitutionally
protected property rights. The final supplementary rule merely
establishes a rule of conduct for public use on a limited area of
public lands and will not affect protected property rights. Therefore,
the
[[Page 87365]]
Department of the Interior has determined the final supplementary rule
will not cause a ``taking'' of private property or require preparation
of a takings assessment under this Executive order.
Executive Order 13132, Federalism
The final supplementary rule will not have a substantial direct
effect on the States; the relationship between the Federal Government
and the States; nor the distribution of power and responsibilities
among the various levels of government. The final supplementary rule
does not conflict with any State law or regulation. Therefore, in
accordance with Executive Order 13132, the BLM has determined the
supplementary rule does not have sufficient federalism implications to
warrant preparation of a Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Department of the Interior Office
of the Solicitor has determined the final supplementary rule will not
unduly burden the judicial system and that it meets the requirements of
sections 3(a) and 3(b)(2) of the order.
Executive Order 13175, Consultation and Coordination With Tribal
Governments
In accordance with Executive Order 13175, the BLM considered
consultation and coordination with Tribal governments in the
development of the EA, which forms the basis for the final
supplementary rule. It was determined the EA's proposed action did not
have Tribal implications and formal consultation was not conducted.
Energy Supply, Distribution, or Use
Under Executive Order 13211, the BLM has determined the final
supplementary rule will not comprise a significant energy action and
that it will not have an adverse effect on energy supplies, production,
or consumption.
Paperwork Reduction Act
The final supplementary rule does not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et
seq. Federal criminal investigations or prosecutions may result from
this rule, and the collection of information for these purposes is
exempt from the Paperwork Reduction Act, 44 U.S.C. 3518(c)(1).
Authors
The principal author of this final supplementary rule is Kathleen
Stevens, outdoor recreation planner, Moab Field Office, Bureau of Land
Management
V. Final Supplementary Rule for the BLM Moab Field Office
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1740 and 43 CFR 8365.1-6, the Utah State Director establishes
the following supplementary rule:
1. Roped and aerial activities are prohibited within the Moab
Canyons Special Wildlife Area, except for permitted rock climbing.
2. All persons must be in possession of a permit to engage in rock
climbing within the Moab Canyons Special Wildlife Area.
3. The construction or installation of temporary structures is
prohibited within the Moab Canyons Special Wildlife Area.
Definitions
Roped Activities: Activities involving ropes, cable, vectran, rock
climbing aids, webbing, anchors, or any other similar materials.
Activities include: ziplining, high-lining, slacklining, rope-swinging,
and other activities using the roped materials listed and other
associated equipment.
Aerial Activities: Sporting pursuits which include ``buildings,
antennae, spans, and earth'' (BASE) jumping, catapulting, paragliding,
paramotoring, parachuting, skydiving, drone launching, aerial delivery,
or other activities that involve aerial delivery, recovery, or shuttle.
Rock climbing: A sport or technique in which participants climb up,
down, or across natural rock formations, usually with ropes and other
equipment. This also includes free-soloing and bouldering.
Penalties
On public lands under section 303(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1733(a)), and 43 CFR 8360.0-7, any
person who violates this supplementary rule may be tried before a U.S.
magistrate and fined no more than $1,000 or imprisoned for no more than
12 months or both. Such violations may also be subject to enhanced
fines provided for by 18 U.S.C. 3571.
Exemptions
Any Federal, State, local, or military persons acting within the
scope of their duties, and members of an organized rescue or
firefighting force in performance of an official duty, are exempted
from this supplementary rule.
Gregory Sheehan,
State Director.
[FR Doc. 2023-27746 Filed 12-15-23; 8:45 am]
BILLING CODE 4331-25-P
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</html>Indexed from Federal Register on December 18, 2023.
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