Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Rules and Regulations 24873 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 8360 

[223 LLUTY00000 L12200000.MA0000] 

Final Supplementary Rules for the 

Klondike Bluffs Area of Public Lands 

Managed by the Moab Field Office in 

Grand County, UT 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final supplementary rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is finalizing rules 

limiting camping to developed 

campgrounds and designated campsites 

within the Klondike Bluffs Mountain 

Bike Focus Area and a nearby isolated 

160-acre BLM parcel. The rules require 

the use of portable toilets at designated 

campsites where constructed toilets are 

not provided. Additionally, the rules 

prohibit wood cutting and collecting in 

the Klondike Bluffs Mountain Bike 

Focus Area and the nearby 160-acre 

parcel. 

DATES: These final supplementary rules 

are effective on May 23, 2022. 

ADDRESSES: Inquiries may be directed to 

the BLM Moab Field Office at (435) 

259–2100 or 82 East Dogwood Avenue, 

Moab, UT 84532. The final 

supplementary rules and accompanying 

environmental documents are available 

for inspection at the BLM Moab Field 

Office and on the ePlanning website at: 

https://go.usa.gov/xuZsG. 

A map of the management area and 

boundaries can be obtained by 

contacting the Moab Field Office (see 

ADDRESSES section). 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Jones, Assistant Field Manager 

for Recreation, BLM Moab Field Office, 

82 East Dogwood Avenue, Moab, UT 

84532, (435) 259–2100, or jljones@

blm.gov. 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-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of Public Comments 

III. Discussion of Final Supplementary Rules 

IV. Procedural Matters 

I. Background 

The BLM is establishing these final 

supplementary rules under the authority 

of 43 CFR 8365.1–6, which allows State 

Directors to establish supplementary 

rules for the protection of persons, 

property, and the public lands and 

resources. This provision allows the 

BLM to issue rules of less than national 

effect without codifying the rules in the 

CFR. These final supplementary rules 

apply to public lands managed by the 

Moab Field Office. 

In September 2019, the BLM issued a 

decision record on an environmental 

assessment (EA) to limit camping to 

designated sites and developed 

campgrounds in the Klondike Bluffs 

Mountain Bike Focus Area and a nearby 

isolated 160-acre parcel of BLMadministered land that is completely 

surrounded by lands managed by the 

State of Utah. During the EA process, 

the BLM identified the need to establish 

enforceable supplementary rules 

concerning camping at these locations. 

The BLM has documented significant 

increases in visitation numbers and 

resulting pressures on camping areas 

managed by the Moab Field Office. 

Therefore, the BLM has determined 

these rules are necessary to increase 

sustainable camping and recreation 

opportunities, provide for visitor health 

and safety, prevent undue degradation 

of natural and cultural non-renewable 

resources, and promote high-quality 

outdoor recreation opportunities. 

During the 15-day public comment 

period on the EA, the BLM received 14 

comment letters, 13 of which were in 

support of the proposal. The proposal 

was also supported by Grand County, 

Utah. The Utah Governor’s Office of 

Economic Development commented and 

offered monetary assistance to build a 

campground in the Klondike Bluffs area 

to enhance the quality of the world-class 

recreation opportunities. 

II. Discussion of Public Comments 

The BLM published proposed 

supplementary rules on August 18, 2021 

(88 FR 46270). Five comment letters 

were received during the 60-day public 

comment period. All five of the 

commentors expressed strong support 

for the supplementary rules. 

III. Discussion of Final Supplementary 

Rules 

The BLM Moab Field Office 

The BLM Moab Field Office has 

jurisdiction from the Grand County line 

to the north, the Utah-Colorado State 

line to the east, Harts Draw and Lisbon 

Valley to the south, and the Green River 

to the west. The public lands managed 

by the Moab Field Office are a domestic 

and international tourist destination 

hosting three million visitors per year. 

The Moab Field Office manages 46 

developed campgrounds. 

These final supplementary rules are 

critical for continuing to provide 

sustainable camping opportunities, 

ensuring public health and safety, 

reducing visitor conflicts, and 

protecting natural and cultural 

resources on public lands. The 

supplementary rules already in place 

have been effective in providing for 

visitor health and safety and protecting 

cultural and natural resources while 

improving the visitor experience. These 

final rules supplement existing rules by 

providing protection to an additional 

high-visitation area managed by the 

Moab Field Office. 

The final supplementary rules 

regarding camping, human waste, and 

wood gathering cover the Klondike 

Bluffs Mountain Bike Focus Area and a 

nearby 160-acre public land parcel (for 

a total of 14,786 acres) that has become 

increasingly popular as the Klondike 

Bluffs Mountain Bike Trail System, 

which has been developed. The 

restrictions are directly related to the 

degradation of natural resources, health 

and safety issues posed by the presence 

of human waste, and unsustainable 

levels of high-density camping use 

where no facilities exist to mitigate 

visitor impacts. 

The reasoning for each rule is 

addressed below. 

1. Final rule: You must camp at a 

designated site. This final rule applies 

to the Klondike Bluffs Mountain Bike 

Focus Area and a nearby 160-acre parcel 

where dispersed camping is degrading 

natural, visual, and wildlife resources 

while causing risks to human health. 

The affected area reflects the recreation 

management decision (REC–6) in the 

2008 Moab Resource Management Plan 

(RMP) to limit dispersed camping as 

visitation impacts and environmental 

conditions warrant. 

2. Final rule: You must use a 

constructed toilet or possess, set up for 

usage, and use a portable toilet to 

dispose of solid human waste. Exposure 

to human waste is a health risk to the 

public and BLM personnel. The 

continual deposition of human waste on 

or just beneath the surface of the 

ground—which is largely sand and bare 

rock in the Moab region—is a risk that 

is not naturally mitigated. These risks 

are amplified in high-visitation areas 

and must be mitigated by specifying the 

methods of disposal. This rule applies 

to the Klondike Bluffs Mountain Bike 

Focus Area and the nearby 160-acre 

parcel because the area experiences a 

very high level of visitation. 

3. Final rule: You must not cut, 

gather, or collect wood. Wood gathering 


lotter on DSK11XQN23PROD with RULES1
24874 Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Rules and Regulations 

depletes an already sparse supply of 

woody vegetation that is not readily 

replaced in the desert environment. As 

with camping and human waste, the 

Klondike Bluffs Area is at a greater risk 

of resource damage and depletion due to 

high visitation. To ensure future visitors 

can enjoy the visual resources, and to 

protect the sensitive desert ecology, 

wood cutting, gathering, and collecting 

in the Klondike Bluffs area is 

prohibited. 

IV. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

These final supplementary rules are 

not significant regulatory actions and 

are not subject to review by the Office 

of Management and Budget under 

Executive Order 12866. These final 

supplementary rules will not have an 

annual effect of $100 million or more on 

the economy. They 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. These supplementary 

rules do not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. The supplementary 

rules do not materially alter the 

budgetary effects of entitlements, grants, 

user fees, loan programs, or the rights or 

obligations of their recipients; nor do 

they raise novel legal or policy issues. 

These supplementary rules merely 

establish rules of conduct for public use 

on a limited area of public lands. 

National Environmental Policy Act 

These supplementary rules are 

consistent with and necessary to 

properly implement decisions proposed, 

analyzed, and approved in EA #DOI– 

BLM–UT–Y010–2019–0021–EA. They 

establish rules of camping conduct for 

public use of public lands managed by 

the Moab Field Office to protect public 

health, safety, and natural and cultural 

resources. The approved EA is available 

for review at the physical and on-line 

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. 

These final supplementary rules merely 

establish rules of conduct for public use 

on a limited area of public lands. 

Therefore, the BLM has determined the 

final supplementary rules do not have a 

significant economic impact on a 

substantial number of small entities. 

Small Business Regulatory Enforcement 

Fairness Act 

These final supplementary rules are 

not ‘‘major’’ as defined under 5 U.S.C. 

804(2). The final supplementary rules 

merely establish 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 

These final supplementary rules 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 they have a significant or unique 

effect on small governments. The final 

supplementary rules will have no effect 

on governmental or Tribal entities and 

will impose no requirements on any of 

these entities. The final supplementary 

rules will merely establish rules 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) 

These final supplementary rules do 

not have significant takings 

implications, nor are they capable of 

interfering with Constitutionally 

protected property rights. The final 

supplementary rules merely establish 

rules of conduct for public use for a 

limited area of public lands and will not 

affect anyone’s property rights. 

Therefore, the Department of the 

Interior has determined these final 

supplementary rules will not cause a 

‘‘taking’’ of private property or require 

preparation of a takings assessment 

under this Executive Order. 

Executive Order 13132, Federalism 

These final supplementary rules 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. These final 

supplementary rules will not conflict 

with any State law or regulation. 

Therefore, in accordance with Executive 

Order 13132, the BLM has determined 

these final supplementary rules do not 

have sufficient Federalism implications 

to warrant preparation of a Federalism 

Assessment. 

Executive Order 12988, Civil Justice 

Reform 

Under Executive Order 12988, the 

Office of the Solicitor has determined 

these final supplementary rules will not 

unduly burden the judicial system and 

that they meet 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 conducted consultation 

and coordination with Tribal 

governments in the development of the 

RMP and the EA which form the basis 

for the final supplementary rules. Tribal 

consultation was also undertaken on EA 

#DOI–BLM–UT–Y010–2019–0021–EA. 

The two Tribes who responded (the 

Hopi and the Southern Ute) fully 

concurred with the action to limit 

camping to designated sites. 

Energy Supply, Distribution, or Use 

Under Executive Order 13211, the 

BLM has determined the final 

supplementary rules do not comprise a 

significant energy action, and they will 

not have an adverse effect on energy 

supplies, production, or consumption. 

Paperwork Reduction Act 

These final supplementary rules do 

not contain information collection 

requirements 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 these rules, and the 

collection of information for these 

purposes is exempt from the Paperwork 

Reduction Act, 44 U.S.C. 3518(c)(1). 

Author 

The principal author of these final 

supplementary rules is Kathleen 

Stevens, Outdoor Recreation Planner, 

BLM Moab Field Office, 82 East 

Dogwood Avenue, Moab, UT 84532. 

V. Final Supplementary Rules for the 

BLM Moab Field Office 

For the reasons stated in the 

preamble, and under the authorities for 

supplementary rules found at 43 U.S.C. 

1740, and 43 CFR 8365.1–6, the BLM 

Utah State Director establishes the 

following supplementary rules: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Rules and Regulations 24875 

Definitions 

The following definitions apply to the 

final supplementary rules. 

Camping: The erecting of a tent or 

shelter of natural or synthetic material, 

preparing a sleeping bag or other 

bedding material for use, parking of a 

motor vehicle, motor home or trailer, or 

mooring of a vessel, for the apparent 

purpose of overnight occupancy while 

engaged in recreational activities such 

as hiking, hunting, fishing, bicycling, 

sightseeing, off-road vehicle activities, 

or other generally recognized forms of 

recreation. 

Klondike Bluffs Mountain Bike Focus 

Area: Public land located east of U.S. 

Highway 191, west of Arches National 

Park, north of the Dalton Wells Road 

and south of the block of State land near 

Interstate 70. A map of the area can be 

viewed at the Moab Field Office or in 

the Klondike Bluffs EA. 

Portable Toilet: (1) A containerized 

and reusable system; (2) A commercially 

available biodegradable system that is 

landfill disposable (e.g., Rest Stop, GoAnywhere Toilet Kit or ‘‘WAG bag’’); or 

(3) A washable, reusable toilet within a 

camper, trailer or motor home. 

The following rules apply to the 

Klondike Bluffs Mountain Bike Focus 

Area and a nearby 160-acre parcel: 

(1) You must camp at a designated 

site. 

(2) You must not dispose of human 

waste in any other container than a 

portable or constructed toilet. 

(3) You must not cut, gather, or collect 

wood. 

Penalties 

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 any 

of these supplementary rules on public 

lands within Utah may be tried before 

a United States Magistrate and fined no 

more than $1,000, 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. 

Exemptions 

Any Federal, State, local, or military 

persons acting within the scope of their 

official duties; members of an organized 

rescue or firefighting force in 

performance of an official duty; and 

persons who are expressly authorized or 

approved by the BLM. 

Gregory Sheehan, 

Bureau of Land Management, Utah State 

Director. 

[FR Doc. 2022–08859 Filed 4–26–22; 8:45 am] 

BILLING CODE 4310–DQ–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220421–0101: RTID 0648– 

XX078] 

Magnuson-Stevens Act Provisions; 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; 2022 Allocation of Northeast 

Multispecies Annual Catch 

Entitlements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule allocates 

annual catch entitlements to groundfish 

sectors for the 2022 fishing year and 

approves changes to previously 

approved sector operations plans. This 

rule also denies four novel sector 

exemption requests. The action is 

necessary because sectors must receive 

allocations in order to operate in fishing 

year 2022. This action will allow 

limited access permit holders to 

continue to operate sectors, and to 

exempt sectors from certain effort 

control regulations to improve the 

efficiency and economics of sector 

vessels. 

DATES: Northeast multispecies annual 

catch entitlements for sectors are 

effective May 1, 2022, through April 30, 

2023. 

ADDRESSES: Copies of each sector’s 

operations plan and contract are 

available from the NMFS Greater 

Atlantic Regional Fisheries Office: 

Contact Claire Fitz-Gerald at Claire.FitzGerald@noaa.gov, Kyle Molton at 

Kyle.Molton@noaa.gov, or Samantha 

Tolken at Samantha.Tolken@noaa.gov. 

These documents are also accessible via 

the GARFO website. To view these 

documents and the Federal Register 

documents referenced in this rule, you 

can visit: https://www.fisheries.

noaa.gov/management-plan/northeastmultispecies-management-plan. 

FOR FURTHER INFORMATION CONTACT: Kyle 

Molton, Fishery Management Specialist, 

(978) 281–9236. 

SUPPLEMENTARY INFORMATION: 

Background 

The Northeast Multispecies Fishery 

Management Plan (FMP) defines a 

sector as ‘‘a group of persons holding 

limited access Northeast multispecies 

permits who have voluntarily entered 

into a contract and agree to certain 

fishing restrictions for a specified period 

of time, and which has been granted a 

TAC(s) [sic] in order to achieve 

objectives consistent with applicable 

FMP goals and objectives.’’ A sector 

must be comprised of at least three 

Northeast multispecies permits issued 

to at least three different persons, none 

of whom have any common ownership 

interest in the permits, vessels, or 

businesses associated with the permits 

issued [to] the other two or more 

persons in that sector. Sectors are selfselecting, meaning participation is 

voluntary, and each sector can choose 

its members. 

The Northeast multispecies sector 

management system annually allocates a 

portion of the Northeast multispecies 

stocks to each sector. These annual 

sector allocations are known as annual 

catch entitlements (ACE) and are based 

on the collective fishing history of a 

sector’s members. Sectors may receive 

allocations of large-mesh Northeast 

multispecies stocks with the exception 

of Atlantic halibut, windowpane 

flounder, Atlantic wolffish, and ocean 

pout, which are non-allocated species 

managed under separate effort controls. 

ACEs are portions of a stock’s annual 

catch limit (ACL) available to 

commercial Northeast multispecies 

vessels. A sector determines how to 

harvest its ACE. 

Because sectors elect to receive an 

allocation under a quota-based system, 

the FMP grants sector vessels several 

universal exemptions from the FMP’s 

effort controls. These universal 

exemptions apply to: Trip limits on 

allocated stocks; portions of the Gulf of 

Maine (GOM) Cod Protection Closures; 

Northeast multispecies days-at-sea 

(DAS) restrictions; the requirement to 

use a 6.5-inch (16.5-cm) mesh codend 

when fishing with selective gear on 

Georges Bank (GB); and the requirement 

to use a 6.5-inch (16.5-cm) mesh codend 

when fishing under the provisions of 

the Redfish Exemption Program. The 

FMP allows the Council to add 

universal exemptions using the 

framework adjustment procedure. 

Sectors may request additional 

exemptions annually as part of their 

sector operations plans to increase 

flexibility and fishing opportunities. 

Sectors are prohibited from requesting 

exemptions from permitting restrictions, 

gear restrictions designed to minimize 

habitat impacts, and most reporting 

requirements. 

In addition to the sectors, there are 

several state-operated permit banks that 

each receive an allocation based on the 

fishing history of permits they hold. The 

final rule implementing Amendment 17 


lotter on DSK11XQN23PROD with RULES1