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Lake Lowell CCP -- examples and references

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  • Tom von Alten
    ... kitesailing. ... Just finished a more comprehensive search through documents on fws.gov, and I can find EXAMPLES for both banning and allowing. And I can
    Message 1 of 4 , Jul 19, 2010
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      Steve wrote:
      > I think our best shot is to see if we can find another location with in
      > the National Wildlife Refuge system that allows windsurfing and
      kitesailing.
      > That would set a precedent....

      Just finished a more comprehensive search through documents on fws.gov,
      and I can find EXAMPLES for both banning and allowing. And I can imagine
      someone writing an appropriateness and a compatibility finding either
      way for Deer Flat.

      Alligator River and Pea Island NWR disallow "kiteboarding and the use of
      personal watercraft": http://www.fws.gov/peaisland/reg.html
      J.N. "Ding" Darling National Wildlife Refuge prohibits "kite surfing,
      kite boarding, wind surfing, sail boarding, and any similar type of
      activities." http://www.fws.gov/policy/library/2008/E8-12188.html

      But we want "pro" examples, so... I found two:

      The Upper Mississippi River National Wildlife and Fish Refuge allows
      "sailing":
      http://www.fws.gov/midwest/planning/uppermiss/cd/Canoeing.pdf

      Lake Woodruff NWR allows "boating," and mentions the greater disturbance
      from power-boating, water skiing, and aircraft to that of "over water
      movement
      with little noise (e.g., sailing, wind surfing, rowing, and canoeing)"
      per a 1992 study. See pgs. 250 and 263-5 (PDF pgs 258, 271-3) of the April
      2008 LAKE WOODRUFF NATIONAL WILDLIFE REFUGE DRAFT COMPREHENSIVE CONSERVATION
      PLAN AND ENVIRONMENTAL ASSESSMENT (SE Region, Atlanta GA):
      http://www.fws.gov/southeast/planning/PDFdocuments/Lake%20WoodruffDraftCCP/D
      raft%20CCP%20EA%20Lake%20Woodruff%20Edited.pdf

      This document shows the (or "a") nominal forms for "Appropriateness"
      and "Compatibility" findings.



      Some other useful references:
      -----------------------------
      The NATIONAL WILDLIFE REFUGE SYSTEM IMPROVEMENT ACT OF 1997
      http://www.fws.gov/northeast/planning/downloads/NWRSimprovementact.pdf
      defines "compatible use" as "a wildlife-dependent recreational use or
      any other use of a refuge that, in the sound professional judgment of
      the Director, will not materially interfere with or detract from the
      fulfillment of the mission of the System or the purposes of the refuge."

      The "any other use" loophole is what allows for non-priority activities,
      as long as they don't "materially interfere with or detract from."

      More readable summary:
      http://www.fws.gov/refuges/policiesandbudget/HR1420_index.html

      (Make sure you use your sailing outings for the purpose of viewing wildlife,
      and we'll be a-ok? And don't block anyone else's view.)

      Note that the "process for determining compatible uses" involves this
      untidy business of public comment.

      The National Wildlife Refuge Administration Act, as amended:
      http://www.fws.gov/refuges/policiesandbudget/16USCSec668dd.html
      16USC668dd (d)(3)(B) spells out the 9-step "compatibility
      determination" process.
      _____________
      Tom von Alten http://fortboise.org/
      tva@...
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