6652 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Notices

and any implementation contrary to this

recovery goal would contradict the

purpose of the statute. Indeed, we have

determined that containment under the

present circumstances could lead to

extinction of the species. Finally, apart

from the specific references to section 7

throughout Pub. L. 99–625, the statute’s

discretionary grant of authority to the

Secretary to develop and implement a

translocation plan in the first instance

brings the Secretary’s affirmative

decision to develop—and to continue to

implement—the plan squarely within

the universe of federal actions to which

section 7 of the ESA applies. Having

concluded under section 7 that

implementation of the containment

component of the plan would likely

jeopardize the sea otters’ continued

existence, we may not proceed with that

aspect of the translocation plan.

Without the legal protection afforded

by section 7, actions undertaken by the

Service, an authorized State agency, or

an authorized agent of either the Service

or such agency to effect containment are

not insulated from liability under

section 9 of the ESA and implementing

regulations, which prohibit take of

listed species unless otherwise

authorized or exempt. Section 1(f) of

Pub. L. 99–625 declares that no act by

the Service or authorized State agency

personnel to effect the translocation or

management of a sea otter under the

translocation plan may be treated as a

violation of the ESA or the Marine

Mammal Protection Act. However, the

protective shield provided by this

section no longer applies where the

Service has determined that a

component of the underlying plan

itself—containment—is likely to

jeopardize the continued existence of

the sea otter. Under the present

circumstances, any act by Service or

authorized State agency personnel to

remove otters from the management

zone and relocate them to the parent

population that results in take of an

otter in either the management zone or

the parent population would be in

violation of section 9 of the ESA and

subject to appropriate enforcement

action.

Service’s Position

Our mission is to work with others to

conserve, protect, and enhance fish,

wildlife, and plants and their habitats

for the continuing benefit of the

American people. The southern sea otter

is threatened with extinction. The

southern sea otter translocation plan

was developed to help this species

recover by establishing an experimental

population. We have yet to establish an

experimental population, the southern

sea otter continues to be threatened with

extinction, and we have concluded that

implementing the containment

provisions of the southern sea otter

translocation plan under the current

circumstances will likely jeopardize the

continued existence of the species.

We are preparing a supplemental EIS

to evaluate new information regarding

the translocation program and the status

of the sea otter and to consider whether

modifications to the southern sea otter

translocation program as presently

structured, or termination of the

program, would be appropriate. We will

also finalize our evaluation of the

translocation program, including

analysis of the failure criteria

established for the program.

Containment of southern sea otters

under the current circumstances would

violate our duty under the Endangered

Species Act to avoid any action that

would likely jeopardize the continued

existence of the species. Therefore, we

will not capture and remove sea otters

from the management zone until we

complete our reevaluation of the

translocation program unless, during

this interim period, new information or

changed circumstances indicate that

containment no longer poses likely

jeopardy to the species. We will

continue to solicit public input and

comments regarding the translocation

plan as part of our NEPA review and

any rulemaking process.

Dated: January 16, 2001.

Jamie Rappaport Clark,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 01–1799 Filed 1–17–01; 3:23 pm]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

[AZ–070–01–1232–EA, SRP–070–01–07/08]

Bureau of Land Management

AGENCY: Bureau of Land Management,

Interior.

ACTION: Temporary Closure of Selected

Public Lands in La Paz County, Arizona,

during the operation of the 2001

Whiplash Parker 400K/200K (kilometer)

Desert Races.

SUMMARY: The Lake Havasu Field Office

Manager announces the temporary

closure of selected public lands under

its administration in La Paz County,

Arizona. This action is being taken to

help ensure public safety and prevent

unnecessary environmental degradation

during the official permitted running of

the 2001 Whiplash Parker 400K/200K

Desert Races.

DATES: February 2, 2001, through

February 4, 2001.

SUPPLEMENTARY REGULATIONS: Specific

restrictions and closure periods are as

follows:

Designated Course

1. The portion of the race course

comprised of BLM lands, roads and

ways located two miles either side of:

(a) Shea Road from the eastern

boundary of the Colorado River

Indian Tribes Reservation to the

junction with Swansea Road, and

two miles either side of Swansea

Road from its junction with Shea

Road to the eastern bank of the

Central Arizona Project Canal.

(b) Swansea Road from its junction

with Shea Road to the Four Corners

intersection. The unpaved road

from Midway north to Mineral

Wash, and then west to the CAP

Canal is closed to public use from

6:00 a.m. Friday, February 2, 2001

to 6:00 p.m. Sunday, February 4,

2001.

2. The entire designated race course is

closed to all vehicles except authorized

and emergency vehicles.

3. Vehicle parking or stopping in

areas affected by the closure is

prohibited except in the designated

spectator areas. Emergency parking for

brief periods of time is permitted on

roads open for public use.

4. Spectator viewing on public land is

limited to the designated spectator areas

located south and north of Shea Road,

as signed, approximately eight miles

east of Parker, Arizona.

5. The following regulations will be in

effect for the duration of the closure.

Unless otherwise authorized, no person

shall:

a. Camp in any area outside of the

designated spectator areas.

b. Enter any portion of the race course

or any wash located within the race

course, including all portions of

Osborne Wash.

c. Spectate or otherwise be located

outside of the designated spectator

or pit areas.

d. Possess or use fireworks.

e. Operate any vehicle, other than

registered event vehicles, which is

not legally registered for street and

highway operation, including

operation of such a vehicle in any

area affected by this closure.

f. Park any vehicle in violation of

posted restrictions, or in such a

manner as to obstruct or impede

normal or emergency traffic

movement or the parking of other

vehicles, create a safety hazard, or

endanger any person, property or

feature.

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Notices 6653

g. Take any vehicle through, around

or beyond a restrictive sign,

recognizable barricade, fence or

traffic control barrier.

h. Fail to keep their campsite/viewing

area free of trash and litter during

the period of occupancy or fail to

remove all personal equipment,

trash, and litter upon departure.

Signs and maps directing the public

to the designated spectator areas will be

provided by the Bureau of Land

Management and/or the event sponsor.

The above restrictions do not apply to

emergency vehicles and vehicles owned

by the United States, the State of

Arizona or La Paz County. Vehicles

under permit for operation by event

participants must follow the race permit

stipulations. Authority for closure of

public lands is found in 43 CFR 8340,

Subpart 8341; 43 CFR 8360, Subpart

8364.1, and 43 CFR 8372. Persons who

violate this closure order are subject to

arrest and, upon conviction, may be

fined not more than $100,000 and/or

imprisoned for not more than 12

months.

FOR FURTHER INFORMATION CONTACT:

Bryan Pittman, District Law

Enforcement Ranger, or Myron McCoy,

Outdoor Recreation Planner, Bureau of

Land Management Lake Havasu Field

Office, 2610 Sweetwater Avenue, Lake

Havasu City, Arizona 86406, (520) 505–

1200.

Dated: January 10, 2001.

Donald Ellsworth,

Field Manager, Lake Havasu Field Office.

[FR Doc. 01–1605 Filed 1–19–01; 8:45 am]

BILLING CODE 4310–32–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ID–074–1220–PA–241A]

Notice of Proposed Closure of Certain

Lands to Off-Highway Vehicle Use to

Implement the Medicine Lodge

Resource Management Plan, and Big

Desert Management Framework Plan,

Upper Snake River District, Idaho

AGENCY: Bureau of Land Management,

Interior.

SUMMARY: The Idaho Falls Field Office,

Bureau of Land Management (BLM),

proposes to close or seasonally restrict

certain public lands in the Upper Snake

River District, Idaho, to use by motor

vehicles, including off-highway

vehicles, snowmobiles and other snow

machines under BLM’s off-highway

vehicle regulations. The notice affects

lands covered by two land use plans

and several activity level plans. The

Medicine Lodge Resource Management

Plan and the Big Desert Management

Framework Plan described certain lands

as ‘‘Closed to Off Highway Vehicles,’’

and classified others as ‘‘Semi-Primitive

Non-Motorized.’’ The purpose of these

proposed closures is to manage the

specified lands to protect watershed,

wildlife, and scenic values from damage

caused by off-highway vehicle use, and

to prevent undue and unnecessary

disturbance to big game populations

migrating to crucial winter range

habitat.

DATES: You must submit your comments

to BLM at the appropriate address below

on or before February 21, 2001. BLM

will not necessarily consider any

comments received after that date in

making its decisions on the final order.

ADDRESSES: Anyone wishing to make

comments may submit them in person

or by mail to the Field Manager, BLM

Idaho Falls Field Office, 1405 Hollipark

Drive, Idaho Falls, ID 83401–2100.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedure

Your comments on the proposed

closure order should be specific, should

be confined to issues pertinent to the

proposed closure order, and should

explain the reason for any

recommended change. Where possible,

your comments should refer to the

specific section or paragraph of the

proposal or to the specific tract of land

that you are addressing. BLM may not

necessarily consider or include in the

Administrative Record for the final

closure order comments that BLM

receives after the close of the comment

period or comments delivered to an

address other than those listed above.

BLM will make your comments,

including your name and address,

available for public review at the Idaho

Falls Field Office during regular

business hours (7:45 a.m. to 4:30 p.m.,

Monday through Friday, except Federal

holidays). Under certain conditions,

BLM may keep your personal

information confidential. You must

prominently state your request for

confidentiality at the beginning of your

comment. BLM will consider

withholding your name, street address,

and other identifying information on a

case-by-case basis to the extent allowed

by law. BLM will make available to the

public all submissions from

organizations and businesses and from

individuals identifying themselves as

representatives or officials of

organizations or businesses.

II. Background

The authority for these closures is 43

CFR 8342.2(c), which directs BLM to

‘‘* * * take action by marking and

other appropriate measures to identify

designated areas and trails so that the

public will be aware of locations and

limitations applicable thereto. The

authorized officer shall make

appropriate informational material,

including maps, available for public

review.’’

The proposed closures implement the

Medicine Lodge Resource Management

Plan (RMP), the Big Desert Management

Framework Plan (MFP) and associated

activity level plans include the Sands

Habitat Management Plan, Tex Creek

Wildlife Management Area Plan, and

the Snake River Activity/Operations

Plan, and will remain in effect

permanently with the publication of the

final notice. This notice identifies by

legal land description the precise areas

that are closed to implement the plans.

There are several closure areas

identified in the Medicine Lodge RMP.

This notice only deals with the Tex

Creek/Willow Creek, Big Bend Ridge,

and Stinking Springs areas as well as

river bottoms along the South Fork of

the Snake River. The Big Desert MFP

has identified a critical wildlife area

along the main stem of the Snake River

below Idaho Falls, Idaho.

The Tex Creek and Willow Creek

areas are crucial wildlife areas lying east

of Idaho Falls, Idaho. A majority of the

lands are included in the Tex Creek

Wildlife Management Area and are

cooperatively managed with Idaho Dept.

of Fish & Game and Bureau of

Reclamation lands.

The closure affecting the Big Bend

Ridge area implements the Sands

Habitat Management Plan. An objective

of this plan is to minimize the degree of

harassment of elk due to human activity

within the habitat management plan

boundaries from November 15 to April

15 of the next year annually. Within the

overall area, a seasonal ‘‘No Human

Entry’’ closure is already in effect from

January 1 through April 30 of each year

throughout the majority of the wintering

big game range. This closure notice

would cover the transition area or

migration route to the winter range and

protect the habitat from OHV use. The

established designated routes across

public land along Fourth of July Creek,

Saddorous Hill, and Hidden Reservoir/

Jackson Mill roads will remain open.

Areas along the South Fork of the

Snake River includes the Stinking

Springs area and critical floodplain river

bottom lands. The Snake River Activity/

Operations Plan restricted OHV use to a