Yellowstone National Park Wyoming, Montana, Idaho
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National Park Service U.S. Department of the Interior Yellowstone National Park Wyoming, Montana, Idaho Yellowstone National Park WINTER USE PLAN / ENVIRONMENTAL IMPACT STATEMENT November 2011 UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE YELLOWSTONE NATIONAL PARK WINTER USE PLAN / ENVIRONMENTAL IMPACT STATEMENT Lead Agency: National Park Service (NPS), U.S. Department of the Interior This Yellowstone National Park Winter Use Plan / Environmental Impact Statement (plan/EIS) evaluates the impacts of a range of alternatives for managing winter use/access in the interior of Yellowstone National Park (Yellowstone or the park) in a manner that protects and preserves natural and cultural resources and natural processes, provides a variety of visitor use experiences while minimizing conflicts among various users, and promotes visitor and employee safety. Upon conclusion of the plan/EIS and decision-making process, the alternative selected for implementation will become the winter use plan, which will specifically address the issue of oversnow vehicle (OSV) use in the interior of the park. It will also form the basis for a special regulation to manage OSV use in the park should an alternative be selected that allows OSV use to continue. This plan/EIS evaluates the impacts of the no-action alternative (alternative 1) and seven action alternatives (alternatives 2, 3, 4, 5, 6, 7, and the preferred alternative (alternative 8)). Alternative 1 would not permit public OSV use in Yellowstone because the 2009 interim rule expired March 15, 2011, but would allow for approved non- motorized use to continue. Alternative 1 has been identified as the NPS environmentally preferable alternative. Alternative 2 would manage OSV use at the same levels as the 2009 interim rule (up to 318 snowmobiles and 78 snowcoaches per day). Alternative 3 would allow for snowmobile and snowcoach use levels to increase to the levels set forth in the 2004 plan (up to 720 snowmobiles and 78 snowcoaches per day). Alternative 4 would allow for commercially guided wheeled vehicles, in addition to OSVs (up to 100 commercially guided wheeled vehicles, 110 snowmobiles, and 30 snowcoaches per day). Alternative 5 would initially allow for the same level of use as alternative 2 (up to 318 snowmobiles and 78 snowcoaches per day), but would provide for a transition to snowcoaches only if user demand is present to support such a transition or at the discretion of the park Superintendent. Upon complete transition, there would be zero snowmobiles and up to 120 snowcoaches per day. Alternative 6 would provide for use levels that vary each day, with a seasonal limit of up to 32,000 snowmobiles and 4,600 snowcoaches, and a daily limit of up to 540 snowmobiles and 78 snowcoaches. Up to 25 percent of snowmobile permits under alternative 6 would be for unguided or non-commercially guided use. Alternative 7 would also allow for variable use levels throughout the season, with snowmobile use ranging from 110 to 330 snowmobiles per day and snowcoach use ranging from 30 to 80 vehicles per day. The varying use levels would provide for high and low OSV use days, allowing for a variety of motorized and non- motorized visitor experiences throughout the winter season. The preferred alternative (alternative 8) would implement the one-year transition portion of the DEIS preferred alternative (alternative 7), allowing OSV use in the park during the 2011/2012 season, at the same levels and with the same requirements and restrictions as the 2009/2010–2010/2011 interim regulation. The plan/EIS analyzes impacts of these alternatives in detail for wildlife and wildlife habitat, air quality, soundscapes and the acoustic environment, visitor use and experience, visitor accessibility, health and safety, socioeconomic values, and park operations and management. The NPS notice of availability for the draft plan/EIS was published in the Federal Register on May 20, 2011. The draft plan/EIS was posted online at the NPS PEPC website at http://parkplanning.nps.gov/yell on May 6, 2011. The U.S. Environmental Protection Agency (EPA) notice of availability for the draft plan/EIS was published on May 20, 2011, which opened the public comment period and established the closing date of July 18, 2011, for comments. Responses to public and agency comments received on the draft plan/EIS are included as appendix D and, where needed, as text changes in this final plan/EIS. The publication of the EPA notice of availability of this final plan/EIS in the Federal Register will initiate a 30-day wait period before the Regional Director of the Intermountain Region will sign the Record of Decision, documenting the selection of an alternative to be implemented. After the NPS publishes a notice in the Federal Register announcing the availability of the signed Record of Decision, implementation of the alternative selected in the Record of Decision can begin. For further information, visit http://parkplanning.nps.gov/yell or contact: Yellowstone National Park Winter Use DEIS Box 168 Yellowstone National Park Wyoming 82190 National Park Service U.S. Department of the Interior Yellowstone National Park Wyoming, Montana, Idaho YELLOWSTONE NATIONAL PARK WINTER USE PLAN / ENVIRONMENTAL IMPACT STATEMENT November 2011 EXECUTIVE SUMMARY This Yellowstone National Park Winter Use Plan / Environmental Impact Statement (plan/EIS) analyzes a range of alternatives and actions for the management of winter use at Yellowstone National Park (Yellowstone or the park). The plan/EIS assesses the impacts that could result from implementation of any of the seven action alternatives, and assesses the impacts that would occur if the park were to take no action at all (“no-action” alternative). Upon conclusion of the plan/EIS and decision-making process, the alternative selected for implementation will become the winter use plan, which will specifically address the issue of oversnow vehicle (OSV) use in the interior of the park. It will also form the basis for a special regulation to manage OSV use in the park should an alternative be selected that allows OSV use to continue. BACKGROUND Winter use in Yellowstone National Park, specifically issues related to OSVs, has been the subject of debate for more than 75 years. At least 12 times since 1930, the National Park Service (NPS) and park stakeholders have formally debated what the park should look and be like in winter. Interest in accessing the park in the winter began in the early 1930s and has increased throughout the years. In the 1970s, 1980s, and early 1990s, snowmobile use in the park grew consistently, with the use of snowcoaches following in popularity. Historically, the increase in the use of these vehicles to enter the park, collectively known as OSVs, brought unanticipated problems, specifically air and noise pollution, conflicts with other users, and harassment of wildlife, as documented in past planning efforts. To address these problems, planning for the management of OSV use began with the park’s Master Plan in 1974 that was a general, park-wide, planning document. Since then, a series of planning processes have examined winter use in Yellowstone. A detailed description of these processes can be found on the park’s winter use website at http://www.nps.gov/yell/planyourvisit/winteruse.htm. Recently, as a result of litigation over the 2007 planning effort, on September 15, 2008, the U.S. District Court for the District of Columbia vacated the 2007 Winter Use Plan and Final Environmental Impact Statement, as well as the associated Record of Decision and rule. Because the court’s ruling left no provision in place for snowmobile or snowcoach use (effectively meaning that OSV use would not be allowed in the park because there was no rule to support it), the NPS issued an Interim Winter Use Plan / Environmental Assessment on November 3, 2008. A proposed rule to support it was published on November 5, 2008. However, on November 7, 2008, the U.S. District Court for the District of Wyoming issued an order reinstating the 2004 rule, allowing snowmobile and snowcoach use in Yellowstone until a new rule could be completed. For the winter of 2008/2009, the park operated under the 2004 rule which allowed up to 720 snowmobiles and 78 snowcoaches per day. The Wyoming decision was appealed, but the litigation was declared moot by the 10th Circuit Court of Appeals because the NPS had already developed an interim plan and put into effect a replacement rule. Winter Use Plan / Environmental Impact Statement i In 2009, the NPS completed a new Interim Winter Use Plan Finding of No Significant Impact and put into effect a new interim rule. The interim plan and rule allowed access for up to 318 snowmobiles and 78 snowcoaches per day into Yellowstone during the 2009/2010 and 2010/2011 winter seasons. It continued to require all snowmobiles and snowcoaches to be commercially guided, and snowmobiles were required to meet best available technology (BAT) requirements. In addition, the rule provided for motorized OSV travel over Sylvan Pass and Yellowstone’s east entrance road as agreed to by the Sylvan Pass Study Group (the NPS, state of Wyoming, Park County, Wyoming, and the City of Cody). The interim plan and rule did not allow snowmobile and snowcoach use after March 2011. The interim plan and rule were challenged by the State of Wyoming and Park County, Wyoming. On September 17, 2010, the Wyoming court issued a ruling in favor of the NPS on the interim plan and rule which expired on March 15, 2011, following the close of the 2010/2011 winter season. PURPOSE OF THE PLAN The purpose of this plan/EIS is to establish a management framework that allows the public to experience the unique winter resources and values at Yellowstone National Park.