[Federal Register: May 6, 2005 (Volume 70, Number 87)]
[Notices]
[Page 24115-24116]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my05-114]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AZ-422-1220-NX; 8364]
Limitation of Activities to Daylight Hours on Selected Public
Lands Within the San Pedro Riparian National Conservation Area
(SPRNCA), and Other Areas, Cochise County, AZ, To Provide for Public
Safety
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: All public use, visitation and activity on affected lands in
part of the San Pedro Riparian National Conservation Area (SPRNCA), and
other land managed by the Bureau of Land Management in the area, are
limited to daylight hours. Activity during the hours of darkness, which
is described as official sunset to official sunrise, is prohibited year
round. Other existing limitations established in the Safford District
Resource Management Plan and applicable regulations remain unchanged
except as modified by this notice. This notice is issued under the
authority of 43 CFR 8364.1. This restriction is necessary for public
health and safety, and to facilitate law enforcement efforts.
DATES: This notice is effective May 6, 2005, until rescinded or
modified by the authorized officer.
ADDRESSES: You may direct inquiries or suggestions to the Tucson Field
Office, 12661 East Broadway Boulevard, Tucson, Arizona 85748-7208; or
the San Pedro River Riparian National Conservation Area, 1763 Paseo San
Luis, Sierra Vista, Arizona 85635.
FOR FURTHER INFORMATION CONTACT: Steven Cohn, Acting Field Manager,
Bureau of Land Management, Tucson Field Office, 12661 East Broadway
Boulevard, Tucson, Arizona 85748-7208, telephone (520) 258-7200; or
Bill Childress, Manager, San Pedro River Riparian National Conservation
Area, 1763 Paseo San Luis, Sierra Vista, Arizona 85635, telephone (520)
439-6400.
SUPPLEMENTARY INFORMATION: Current use designations and regulations
allow public use at all times in the SPRNCA. Part of the SPRNCA, and
other lands, are affected by illegal immigration from Mexico, including
smuggling of undocumented aliens and drug-smuggling that present
serious safety concerns for visitors. Because of these illegal
activities, intensive border-related law enforcement operations occur
in the area. Public use in the affected area is also vulnerable to
incidental criminal activity, and can conflict with law enforcement
operations and management actions necessary to protect public safety.
The affected Federal lands include approximately 2,740 acres
generally located south of State Highway 92, and north of the
International United States-Mexico Boundary, including all or portions
of Sections 3, 4, 8, 9, 17, 18, 19, and 20, Township 24 South, Range 22
East, Gila and Salt River Base Meridian, Cochise County, Arizona.
The affected area described here will be subject to the following
restriction: Unless otherwise authorized, no person shall use, remain
on or occupy any land in the affected area during the period of time
from 30 minutes after official sunset to 30 minutes before official
sunrise. Persons who are exempt from this restriction include:
(1) Any Federal, state, or local officers engaged in official fire,
emergency or law enforcement activities;
(2) BLM employees engaged in official duties;
(3) Persons specifically authorized by BLM or by law to use, remain
on, or occupy lands in the area affected by this notice. This includes
persons with BLM permits or leases or other written authorizations, or
occupying valid mining claims under the Mining Law.
Lawful uses and activities during daylight hours are not affected
by this notice. The area affected by this notice will be posted with
appropriate regulatory signs. Additional information is available in
the Tucson Field Office, and at the SPRNCA headquarters at the
addresses shown above.
Closure
1.0 Closure of Certain Public Lands to Overnight Activities
Unless otherwise authorized, no person shall use, remain on or
occupy any land in the San Pedro River Riparian National Conservation
Area during the period of time from 30 minutes after official sunset to
30 minutes before official sunrise.
2.0 Exceptions
This closure does not apply to:
a. Any Federal, state, or local officers engaged in official fire,
emergency, or law enforcement activities;
[[Page 24116]]
b. BLM employees engaged in official duties;
c. Persons specifically authorized by BLM or by law to use, remain
on, or occupy lands in the area affected by this notice; or
d. Lawful uses and activities during daylight hours, beginning 30
minutes before official sunrise and ending 30 minutes after official
sunset.
3.0 Authority
The authority for this closure is found under section 303(a) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733 (a) and
43 CFR 9268.3(d)(1)(i) and 43 CFR 8364.1(a).
4.0 Penalties
1. On all public lands, under section 303(a) of the Federal Land
Policy and Management Act of 1976, 43 U.S.C. 1733(a), 43 CFR 8360.0-7
and 43 CFR 9212.4, any person who violates any of these closures or
restrictions on public lands within the boundaries established in this
notice may be tried before a United States 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 the enhanced fines provided for by 18
U.S.C. 3571.
2. On public lands within grazing districts (43 U.S.C. 315) and
grazing-leased lands (43 U.S.C. 315m), under the Taylor Grazing Act, 43
U.S.C. 315(a), any person who violates these restrictions on public
lands within the boundaries established in the rules may be tried
before a United States Magistrate and fined no more than $500.00. Such
violations may also be subject to the enhanced fines provided for by 18
U.S.C. 3571.
3. On public lands fitting the criteria in the Sikes Act, 16 U.S.C.
670j(a)(2), any person who violates any of these restrictions on public
lands within the boundaries established in the rules may be tried
before a United States Magistrate and fined no more than $500.00 or
imprisoned for no more than six months, or both. Such violations may
also be subject to the enhanced fines provided for by 18 U.S.C. 3571.
4. On public lands within Wild and Scenic River corridors (16
U.S.C. 1281(c) and 16 U.S.C. 3), any person who violates any of these
restrictions on public lands within the boundaries established in the
rules may be tried before a United States Magistrate and fined no more
than $500.00 or imprisoned for no more than six months, or both. Such
violations may also be subject to the enhanced fines provided for by 18
U.S.C. 3571.
5. On public lands within National Monuments and within the
criteria found in 16 U.S.C. 433 and respective enabling legislation,
any person who violates applicable restrictions within the boundaries
established in the rules may be tried before a United States Magistrate
and fined no more than $500.00 or imprisoned for no more than ninety
days, or both. Such violations may also be subject to the enhanced
fines provided for by 18 U.S.C. 3571.
Dated: March 11, 2005.
Steven Cohn,
Acting Field Manager.
[FR Doc. 05-9090 Filed 5-5-05; 8:45 am]
BILLING CODE 4310-32-P