Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Proposed Rules 56501

Closing out your permit (b) Any person who willfully violates silverspot butterflies. The original the regulations in this part shall be comment period closed on April 5, § 4300.70 May I relinquish my permit? deemed guilty of a misdemeanor, and 1994. Yes. You may relinquish the permit upon conviction is punishable by The Alameda whipsnake occurs in by filing advance written notice with imprisonment for not more than one northern coastal scrub, chaparral, and BLM. Your relinquishment will be year, or by a fine of not more than $500. adjacent habitats in the inner coast effective on the date you indicate, as [FR Doc. 96–27581 Filed 10–31–96; 8:45 am] ranges of western and central Contra long as it is at least 30 days after the BILLING CODE 4310±84±P Costa and Alameda counties. Five date you file. populations of the whipsnake are § 4300.71 Under what circumstances can centered in the (1) Sobrante Ridge, BLM cancel my permit? Fish and Wildlife Service Tilden/Wildcat Regional Parks area to (a) BLM may cancel the permit if: the Briones Hills, in Contra Costa (1) BLM issued it improperly through 50 CFR Part 17 County; (2) Oakland Hills, Anthony error as to a material fact; RIN 1018±AC32 Chabot area to Las Trampas Ridge, in (2) You fail to comply with any of the Contra Costa County; (3) Hayward Hills, provisions of the permit or the Endangered and Threatened Wildlife Palomares area to Pleasanton Ridge, in regulations of this part; or and Plants, Notice of Reopening of Alameda County; (4) Mount Diablo (3) Disposal, withdrawal, natural Comment Period on Proposed vicinity and the Black Hills, in Contra causes, such as drought or fire, or any Endangered Status for the Alameda Costa County; and (5) Wauhag Ridge, other reason in § 4300.50 so requires. Whipsnake, the Callippe Silverspot Del Valle area to the Cedar Mountain (b) BLM will not cancel the permit for Butterfly, and the Behren's Silverspot Ridge, in Alameda County. Little or no your default until BLM has notified you Butterfly genetic flow occurs between these in writing of the nature of your default, population centers. The whipsnake and you have been given at least 30 days AGENCY: Fish and Wildlife Service, Interior. occurs on State, county, and privately to show why BLM should not cancel owned lands. your permit. ACTION: Proposed Rule, notice of reopening of comment period. The callippe silverspot butterfly § 4300.72 May I remove my personal (Speyeria calippe callippe) is found in property or improvements when the permit SUMMARY: The Fish and Wildlife Service native grassland and adjacent habitats, expires or terminates? (Service), pursuant to the Endangered where it lays its eggs on the dry remains (a) Yes. Within 90 days of the Species Act of 1973, as amended (Act), of the larval foodplant, Johnny- jump-up expiration or termination of the grazing provides notice of reopening of the (Viola pedunculata), or on surrounding permit, or within any extension period, comment period on proposed debris. Populations of the callippe you may remove all your personal endangered status for Alameda silverspot butterfly occur only in the property and any removable range whipsnake (Masticophis lateralis San Francisco Bay area, south of the improvements you own, such as fences, euryxanthus), the callippe silverspot Golden Gate and Carquinez Straits. The corrals, and buildings. butterfly (Speyeria callippe callippe), only two known remaining colonies (b) Property that is not removed and Behren’s silverspot butterfly occur on private, county, and State within the time allowed will become (Speyeria zerene behrensii). The lands on San Bruno Mountain in San property of the United States. comment period has been reopened to Mateo County, and a city park in Reindeer crossing permits acquire additional information from Alameda County. interested parties, and to resume the The Behren’s silverspot butterfly § 4300.80 How can I get a permit to cross proposed listing actions. (Speyeria zerene behrensii) inhabits reindeer over public lands? DATES: The public comment period coastal terrace prairie habitat where it (a) BLM may issue a crossing permit closes December 2, 1996. lays its eggs in the debris and dried free of charge when you file an Any comments received by the stems of the larval foodplant, the application with BLM at least 30 days closing date will be considered in the western dog violet (Viola adunca). The before the crossing is to begin. Lands final decision on this proposal. single, extant population occurs on crossed may include lands under a ADDRESSES: Written comments and private land near Point Arena in grazing permit. materials concerning this proposal Mendocino County. (b) The application must show: should be sent directly to the Field (1) The number of reindeer to be These animals, their habitats, and the Supervisor, Sacramento Field Office, foodplants of the larval butterflies may driven; 3310 El Camino Ave., Suite 130, (2) The start date; be threatened by one or more of the (3) The approximate period of time Sacramento, California 95821. following: commercial and residential required for the crossing; and Comments and materials received will development, fire suppression, (4) The land to be crossed. be available for public inspection, by overcollecting, competition from alien (c) You must comply with applicable appointment, during normal business plants, inappropriate grazing levels, off- State and Federal laws on livestock hours at the above address. road vehicle use, trampling by hikers quarantine and sanitation when crossing FOR FURTHER INFORMATION CONTACT: and livestock, and random chance reindeer on public land. Diane Windham (see ADDRESSES events by virtue of their small numbers, section) at (916) 979–2725. and small, fragmented population sizes. Trespass SUPPLEMENTARY INFORMATION: The Service was unable to make a § 4300.90 What is a trespass? final listing determination on these (a) A trespass is any use of Federal Background species because of a limited budget, land for reindeer grazing purposes On February 4, 1994, the Service other endangered species assignments without a valid permit issued under the published a rule proposing endangered driven by court orders, and higher regulations of this part; a trespass is status for the Alameda whipsnake, and listing priorities. In addition, a unlawful and is prohibited. the callippe silverspot and Behren’s moratorium on listing actions (Public 56502 Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Proposed Rules

Law 104–6), which took effect on April clarify, update, and add to existing visitor services other than hunting and 10, 1995, stipulated that no funds could regulations for the administration of all fishing guiding on refuges in Alaska. be used to make final listing or critical special use permits (permits) on The 1307 regulations will supplement habitat determinations. Now that national wildlife refuges (refuges) in these proposed regulations. Alaska. These regulations are being funding has been restored, the Service is Since the original regulations were proceeding with a final determination revised to provide the Service with the promulgated, the program has evolved for these three animal species. necessary regulatory authority to Due to the length of time that has administer the recent changes in the due to significant changes in State of elapsed since the close of the initial refuges’ commercial visitor service Alaska guiding regulations and comment period, changing procedural programs and to ensure proper and programs, increases in commercial and biological circumstances and the uniform management of all permits on visitor services on refuges, and changes need to review the best scientific refuges in Alaska. in the economic environment of the information available during the DATES: For written comments to be guiding industry. decision-making process, the comment considered, they must be received by The most visible and significant period is being reopened. The Service December 31, 1996. change in the Service’s administration now believes that the effects of fire ADDRESSES: Comments should be sent to of refuge permits in Alaska was caused suppression, a factor not identified in the Regional Director, Attention: Daryle by the decision of the Alaska Supreme the proposed rule as a threat to the R. Lons, U.S.F.W.S., 1011 Tudor Rd., Court in Owsichek v. State Guide Alameda whipsnake and its habitat, Anchorage, AK 99503. Licensing and Control Board, 763 P. 2 d may be a significant factor in the FOR FURTHER INFORMATION CONTACT: 488 (Alaska 1988). That ruling determination of the final status for the Daryle R. Lons, telephone (907) 786– overturned as unconstitutional the State whipsnake. For this reason, the Service 3354. of Alaska’s (State) system of assigning particularly seeks information SUPPLEMENTARY INFORMATION: exclusive big game guide areas. Until concerning: that ruling, the Service depended upon (1) the known or potential effects of Background the State’s system for selecting big game fire suppression and general fire The Alaska National Interest Lands guides for use areas within refuge lands management practices on the Alameda Conservation Act of 1980 (ANILCA, in Alaska. To allow the State an whipsnake and its habitat. Pub.L. 96–487; 94 Stat. 2371) and the In addition, the Service seeks opportunity to develop a National Wildlife Refuge System information that has become available constitutionally acceptable system that Administration Act of 1966 (16 U.S.C. in the last two years concerning: would meet Service needs, the Service (2) other biological, commercial, or 668dd–668ee) authorize the Secretary of imposed a moratorium on issuance of other relevant data on any threat (or lack Interior to prescribe regulations as permits to new big game guide thereof) to any of these species; and necessary to administer permits for applicants. After a period of operating (3) the size, number, or distribution of compatible activities on refuges in under this moratorium, it became populations of any of these species. Alaska. apparent that the State would not be Written comments may be submitted The current regulations governing able to adopt and implement a program issuance of permits on units of the until December 2, 1996 to the Service for selection of big game guide outfitters National Wildlife Refuge System in office in the ADDRESSES section. which also would satisfy Service Alaska, codified at 50 CFR 36.41, and requirements and mandates. Therefore, Author originally published in the Federal the Service developed its own interim The primary author of this notice is Register in 1981 (46 FR 40192, August 7, 1981), and were amended in 1986 (51 program in order to provide an equal Diane Windham (see ADDRESSES opportunity for all registered big game section). FR 44794, December 12, 1986). Since then, the permit administration program guide-outfitters to compete for permits Authority on refuges in Alaska has continued to to operate on refuges in Alaska. After soliciting public comment on a draft The authority for this action is the evolve and grow in both size and Endangered Species Act of 1973 (16 U.S.C. complexity. Although special use system, and making revisions based on 1531 et seq.). permits were issued for a variety of those comments, an interim program Dated: October 25, 1996. economic and other privileged was implemented in June 1992. Thomas Dwyer, specialized uses, most permits issued on Requests for proposals were then Acting Regional Director, Region 1. Alaska Refuges are for commercial solicited and applicants were notified of selections in January 1993. Successful [FR Doc. 96–28058 Filed 10–31–96; 8:45 am] visitor service activities involving guide-outfitters. applicants were awarded 5-year permits BILLING CODE 4310±55±P The primary purpose of the revised effective July 1, 1993. regulations is to provide better guidance It appears unlikely the State will be 50 CFR Part 36 to Service employees and permittees able to implement a suitable concerning the administration of RIN 1018±AD93 competitively-based system for selection commercial visitor service permits on of guides to start in time to allow the refuges in Alaska. Regulations reissuance of permits in 1998. These Regulations for the Administration of implementing Section 1307 of ANILCA revised regulations will provide the Special Use Permits on National (see 60 FR 20374–20378, April 25, 1995) proper authority to allow the Service’s Wildlife Refuges in Alaska are currently being promulgated big game guide permitting program to AGENCY: separately from this rulemaking. The Fish and Wildlife Service, continue. Interior. 1307 regulations will establish Another factor in the evolution of the ACTION: Proposed rule. procedures for granting historical use, Native Corporation, and local permit program has been the significant SUMMARY: The Fish and Wildlife Service preferences in the selection of increase in the number of permits being (Service) proposes these regulations to commercial operators who provide issued by the refuges. Increase in