[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Rules and Regulations]
[Pages 56455-56464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27297]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 13
RIN 1024-AB99
Glacier Bay National Park, AK; Commercial Fishing Regulations
AGENCY: National Park Service (NPS), Interior.
ACTION: Final rule.
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SUMMARY: This final rule represents a major step towards a
comprehensive resolution of commercial fishing issues in Glacier Bay
National Park. In accordance with the provisions of Section 123 of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act for
FY 1999 (Section 123), as amended, the rule establishes special
regulations for commercial fishing in the marine waters of Glacier Bay
National Park. The rule implements provisions in Section 123 by:
closing specifically identified areas of non-wilderness waters in
Glacier Bay proper and all wilderness waters within Glacier Bay
National Park to commercial fishing; limiting commercial fishing in
Glacier Bay proper to three specific commercial fisheries; establishing
a ``grandfathering'' process to allow qualifying fishermen in the three
authorized commercial fisheries to continue fishing in the remaining
waters of Glacier Bay proper under nontransferable lifetime permits;
and, clarifying that the marine waters of Glacier Bay National Park
outside of Glacier Bay proper will remain open to various existing
commercial fisheries. Section 123 also directs that authorized
commercial fisheries be managed in accordance with a cooperatively
developed state/federal fisheries management plan. The cooperative
state/federal fisheries management plan is being developed independent
of this rule and will be announced at a later date.
DATES: This rule is effective on October 20, 1999, with the exception
of paragraphs (a)(10)(i)-(iii) which take effect on January 1, 2000.
ADDRESSES: Tomie Lee, Superintendent, Glacier Bay National Park and
Preserve, P.O. Box 140, Gustavus, Alaska 99826. E-mail address is
glba_administration@nps.gov.
FOR FURTHER INFORMATION CONTACT: Tomie Lee, Superintendent, Glacier Bay
National Park and Preserve, P.O. Box 140, Gustavus, Alaska, 99827,
Phone (907) 697-2230; fax (907) 697-2654.
SUPPLEMENTARY INFORMATION:
Background
The background section in the re-proposed rule of August 2, 1999
(64 FR 41854), includes a comprehensive chronology of Glacier Bay's
commercial fishing history that outlines the circumstances and events
leading to this final rule. That information is unchanged and has
continuing applicability. The National Park Service (NPS) wishes to
note that numerous extensions to the public comment period on the 1997
proposed rule afforded the public a prior opportunity to comment on
Section 123 (see e.g., 63 FR 68655, December 11, 1998; 64 FR 1573,
January 11, 1999). The re-proposed rule was published, in part, to
fulfill the requirement of Section 123, as amended by Pub. L. 106-31
(May 21, 1999), which directed the Secretary of the Interior to re-
publish the rule and provide an opportunity for the public to comment
for not less than 45 days.
To comply with Section 123, the rule, in part, amends the general
regulatory prohibition on commercial fishing activities in units of the
National Park System, and authorizes various existing commercial
fisheries to continue in most marine waters of Glacier Bay National
Park subject to a cooperatively developed state/federal fisheries
management plan.
The other provisions of the rule also conform to the requirements
of Section 123. The rule limits commercial fisheries in Glacier Bay
proper to pot and ring net fishing for Tanner crab, longlining for
halibut, and trolling for salmon. The rule describes eligibility
criteria that allow certain fishermen with a sufficient, recent,
reoccurring history of participation in Glacier Bay proper fisheries to
continue fishing in Glacier Bay proper for their lifetimes. The final
rule adopts October 1, 2000, as the deadline to apply for a lifetime
permit. Beginning October 1, 2000, a lifetime permit is needed in order
to fish in Glacier Bay proper. To qualify, fishermen must be able to
document that they have fished in Glacier Bay proper in one of the
three authorized commercial fisheries as follows: For the halibut
fishery, 2 years of participation are required in Glacier Bay proper
during the 7-year period, 1992 through 1998. For the salmon and Tanner
crab fisheries, 3 years of participation are required in Glacier Bay
proper during the 10-year period, 1989 through 1998. The 7-year
qualifying period for halibut is based, in large part, on the
establishment of a statistical sub-area for Glacier Bay proper in 1992.
Use of this qualifying period specific to this sub-area will assist
fishermen in documenting, and NPS in identifying, a history of fishing
within Glacier Bay proper. A 10-year qualifying period is used for the
Tanner crab and salmon fisheries. These qualifying periods (of 7 and 10
years, respectively) are intended to provide a better opportunity for
fishermen with a variable but reoccurring history of participation in
these fisheries, in Glacier Bay proper, to qualify for the lifetime
access permits. Essentially, these criteria require fishermen to have
fished in Glacier Bay proper for approximately 30% of the years during
the 7 and 10-year base periods to qualify for lifetime access to an
authorized fishery.
The rule also describes the application requirements and procedures
for fishermen to follow to apply for a lifetime access permit for an
authorized fishery in Glacier Bay proper. The rule requires that
applicants: demonstrate that they hold a valid state limited entry
commercial fishing permit, and for halibut an International Pacific
Halibut Commission quota share, for the fishery in Glacier Bay proper;
provide a sworn and notarized affidavit attesting to their history and
participation in the fishery within Glacier Bay proper; and, provide
other documentation that corroborates their participation in the
fishery in Glacier Bay proper during the qualifying years. The rule
requires applicants to
[[Page 56456]]
provide two types of corroborating documentation readily available from
the State of Alaska: permit histories; and, landing reports. The permit
history documents the length of time an applicant has been a permit
holder in a fishery, and the landing report documents the time and
location of the applicant's fishery landings. The application
requirements for a lifetime commercial fishing access permit in Glacier
Bay (i.e., a copy of the valid permit(s) and quota share(s), affidavit,
permit history and landing report) are less demanding than that
typically required by the State of Alaska or National Marine Fisheries
Service (for halibut) for similar limited entry programs. The rule
encourages applicants to submit other forms of corroborating
documentation--for example, vessel logbooks or affidavits from other
fishermen or processors--to assist in the establishment of their
history of participation in a particular fishery in Glacier Bay proper.
NPS recognizes the limitations of landing report data based on fish
tickets. Although Alaska statute requires accurate reporting of fish
harvest information by statistical area, fishermen often lump together
catches from Glacier Bay proper and Icy Strait statistical areas, and
report them as Icy Strait landings on their fish tickets. Moreover, no
statistical reporting area exists for salmon that is specific to
Glacier Bay proper. Because of this, for the salmon fishery, NPS will
consider landing reports from District 114 (all of Icy Strait from
Cross Sound to the Lynn Canal, including Glacier, Dundas and Taylor
Bays and Excursion Inlet) as indirect evidence of participation in the
fishery in Glacier Bay proper; this indirect evidence, however, must be
supported by additional documentation that supports applicants'
declaration of Glacier Bay proper salmon landings (such as affidavits
from crewmembers, other fishermen, processors or logbooks or other
corroborating documentation). Salmon fishermen who can document more
than incidental use of District 114 should submit that documentation as
it may bolster other evidence of their landings from the Glacier Bay
proper fishery.
Both the halibut fishery (Regulatory Sub-area 184) and the Tanner
crab fishery (Statistical areas 114-70 through 114-77) have reporting
areas specific to Glacier Bay proper. Therefore, applicants who wish to
rely on landing data from areas outside, but immediately adjacent to,
Glacier Bay proper must submit convincing corroborating documentation
(such as affidavits from crewmembers, other fishermen, processors or
log books) in addition to their personal affidavit that a portion of
their catch was landed in Glacier Bay proper. Landing reports for
halibut and Tanner crab must, at the very least, be from the reporting
area immediately adjacent to Glacier Bay proper to be considered. In
the case of halibut, this is Regulatory Sub-area 182; in the case of
Tanner crab, this is Statistical area 114-23. These requirements are
intended to address concerns regarding the difficulty of attributing
harvest to Glacier Bay proper from landing reports, most particularly
for the salmon troll fishery. NPS intends to work closely with the
Alaska Commercial Fisheries Entry Commission, the National Marine
Fisheries Service and other knowledgeable sources to identify permit
owners who meet the eligibility criteria defined for the authorized
commercial fisheries in Glacier Bay proper.
The rule also closes certain inlets and areas, in the upper reaches
of Glacier Bay proper, to commercial fishing and limits certain other
areas to winter season trolling for king salmon by qualifying
fishermen. There are a number of species-specific closure dates in
Section 123, and the effective date of paragraph (a)(10)(i)-(iii) is
delayed until January 1, 2000, to comply with the statute. The rule
reaffirms closure of all designated wilderness areas in Glacier Bay
National Park to commercial fishing activities.
By authorizing existing commercial fisheries to continue in park
waters outside of Glacier Bay proper, Section 123 and the rule permit
fishing to continue where more than 80% of the commercial harvest
(reported biomass) has historically occurred. Additional harvest will
continue in most of Glacier Bay proper during the life tenancy period
of qualifying fishermen, supporting fishermen and their communities for
many years. Approximately 18% of the park's marine waters are closed to
commercial fishing by Section 123 and this rule; these closed waters
have historically accounted for less than 10% of the total commercial
harvest in the park. Nothing in the rule is intended to modify or
restrict non-commercial fishing activities otherwise authorized under
federal and non-conflicting state fishing regulations, nor to affect
legislatively authorized commercial fishing activities within Glacier
Bay National Preserve.
Analysis of Public Comments
Due to the enactment of Section 123 (on October 21, 1998), NPS
reopened and extended the comment period on the 1997 proposed rule and
the accompanying Environmental Assessment (63 FR 68665, December 11,
1998; 64 FR 1573, January 11, 1999). NPS also mailed a copy of the
Federal Register Notice of extension to persons and organizations that
had previously submitted comments and invited them to provide
additional comments in light of the new legislation. The analysis of
public comment section in the re-proposed rule of August 2, 1999 (64 FR
41854), includes a comprehensive analysis of 1,557 comments submitted
in response to the proposed rule and the enactment of Section 123. That
information has continuing applicability and supplements this analysis.
Overview of Public Comments
The public comment period on the re-proposed rule for commercial
fishing in Glacier Bay National Park was open from August 2 to
September 16, 1999, and specifically sought input on the re-proposed
eligibility criteria and application requirements for lifetime permits
for authorized fisheries in Glacier Bay proper. NPS received 96 written
comments, in the form of surface mail, faxes and electronic mail. NPS
reviewed and considered all public comments submitted on the re-
proposed rule. A summary of substantive comments is outlined below.
Thirty-seven percent of the comments received specifically stated
support for some form of commercial fishing phase out in Glacier Bay
National Park. Twenty-two percent specifically stated support for the
continuation of commercial fishing.
Of all the responses received, 59% specifically commented on the
eligibility criteria for commercial fishing lifetime access permits.
Among those, more than half (54%) supported less stringent eligibility
criteria than that stated in the re-proposed rule. The remaining
comments on eligibility (46%) supported the eligibility criteria as a
minimum standard, including 30% who sought more stringent eligibility
criteria. Comments ranged from suggestions for more relaxed criteria
for lifetime permits, such as one year of fishing during the
eligibility period, to calls for the stronger criteria as proposed in
1997.
Twenty-two percent of all respondents commented specifically on the
application process for commercial fishing lifetime access permits. Of
those, 67% supported a less stringent process than that stated in the
re-proposed rule. Thirty-four percent supported the process, as the
minimum standard that the NPS should set for application
[[Page 56457]]
approval, 20% of which sought a more stringent process.
General Comments
Collectively, there were a number of comments and objections
concerning various parts of the rule that, in fact, are derived
directly from the statute. For example, a number of commenters
requested that public comment be extended. Section 123 established a
publication date of September 30, 1999, and NPS has used its best
efforts to publish on that date; that necessarily affects the timing
and length of the latest public comment period. It should also be noted
that NPS has been actively seeking public comment for several years (as
summarized at 64 FR 41856-8, August 2, 1999). Section 123 also requires
that a ``sworn and notarized affidavit be submitted,'' not just
licenses and fish tickets (landing receipts). Section 123 authorized
lifetime permits for those holding ``a valid commercial fishing
permit'' who otherwise qualify, not boat owners or deckhands. On this
point, however, NPS notes that Section 123, as amended, provides $23
million to compensate ``fish processors, fishing vessel crewmembers,
communities and others negatively affected by the restrictions on
commercial fishing in Glacier Bay National Park.'' One commenter (who
will certainly qualify for a lifetime permit) felt he was ``singled-
out'' because, unlike most other limited entry permit holders, he likes
to longline in the west arm of the bay above 58 deg.50' N latitude.
Numerous commenters stated that commercial fishing was inappropriate in
Glacier Bay and other national parks. NPS has considered these
comments, but NPS must follow the statute. NPS also received many
comments on related subjects that were, however, outside of the limited
scope of this rule.
Regulatory Flexibility Analysis
NPS received a number of comments on the initial regulatory
flexibility analysis. Those comments are discussed below in the summary
of the final regulatory flexibility analysis that NPS has prepared as
required by 5 U.S.C. 604.
Rationale for the Qualifying Period
A number of commenters questioned whether NPS had done enough to
explain the method used to determine the necessary number of years in a
given base year period to qualify for lifetime access to fish under the
rule. One commenter felt that the NPS effort to ``mirror similar
lengths of time that have been allowed in other state and federal
limited entry programs'' was misplaced because ``those programs were
influenced by conservation concerns.'' Other commenters, however, cited
conservation concerns and the Glacier Bay 1996 Vessel Management Plan
regulations which limits the amount of motor vessel traffic allocated
to park visitors (61 FR 27008, May 30, 1996), to push for a shorter,
more stringent phase out of commercial fishing. In the 1997 proposed
rule, NPS proposed a longer history of participation in each fishery to
prevent what the Wilderness Society now critically points out is
possible: that people who started fishing after the 1991 rulemaking
proposed to phase out all commercial fishing in seven years would be
eligible for grandfather status to fish in Glacier Bay. However, even
in that proposal, NPS recognized the need for some flexibility to
ensure fairness to fishermen with a variable but recurring history of
participation in Glacier Bay fisheries. Ultimately, and with public
comment sharply divided, NPS selected shorter requirements for
participation in the fishery in the qualifying base year periods (3
years in a 10-year base for salmon and Tanner crab fisheries, and 2
years in a 7-year base for halibut fisheries) to meet that objective.
As a result, fishermen are required to show they have fished in Glacier
Bay proper for approximately 30% of the years during the 7 and 10-year
base periods to qualify. Resolving the commercial fishing issue in
Glacier Bay has been a long and contentious process (see 64 FR 41856-9,
August 2, 1999). Section 123 now directs NPS to decide who qualifies
for lifetime access and who does not; NPS has drawn the line where it
thinks it is fair, recognizing that it will not please everyone.
Cooperative Development of the Management Plan
Several commenters questioned the role that NPS and the State of
Alaska will play in the cooperatively developed management plan
required by Section 123. The plan will guide the regulation of the
existing authorized fisheries at Glacier Bay National Park. One
commenter stated that it was an ``oversimplification'' for NPS to state
that the State manages fisheries to maintain sustained yield. In
response, NPS notes that the Alaska State Constitution states: ``Fish *
* * and all other replenishable resources belonging to the State shall
be utilized, developed, and maintained on the sustained yield
principal, subject to preference among beneficial uses.'' Id. at
Article VIII, Section 4. Another commenter questioned what NPS
considers as park values and purposes, and many commenters questioned
how NPS would protect the park's resources. After reviewing the re-
proposed rule, NPS agrees that some clarification is necessary. Section
123 clearly states: ``the management plan shall provide for commercial
fishing in the marine waters within Glacier Bay National Park * * * and
shall provide for the protection of park values and purposes. * * *''
Id. Park values and purposes are identified in 16 U.S.C. 1, as amended,
and are further defined by the enabling legislation and legislative
history of Glacier Bay National Park. As a result, the cooperatively
developed management plan must consider and respect the NPS mission in
Glacier Bay National Park as defined and directed by Congress.
Section 123 also requires the management plan to prohibit any new
or expanded fisheries, and provide for the opportunity for the study of
marine resources. Therefore, a legislatively-mandated component of the
cooperative management plan is the accommodation of scientific study.
Section 123 does not require that all federal and federally-approved
research within the park fall under the plan. The final rule also
contains a provision that directs the superintendent to compile a list
of existing fisheries and gear types used in the outer waters. NPS will
work with the State, outer water fishermen and the public to
cooperatively develop this list. However, should new or expanded
fishing activities threaten park resources during development of the
cooperative plan, the superintendent may implement an interim list.
Section 123 provides both a requirement and an opportunity for
ongoing cooperation and collaboration between the State and federal
government in the implementation of a jointly-developed fisheries
management plan. NPS will work together with the State to provide the
public with an opportunity to participate in the development of the
cooperative management plan, independent of this rulemaking. NPS
believes that the best long-term remedy for this jurisdictional issue
is an effective State/federal cooperative relationship that: outlines
and respects individual and collective agency roles and
responsibilities; keeps lines of communication open; incorporates
opportunities for public involvement in decision-making processes; and,
ultimately, serves to implement the letter and spirit of the Section
123, as amended. NPS intends to devote its energies towards this goal.
[[Page 56458]]
1996 Vessel Management Plan (VMP) Regulations
A comment received from the Alaska Chapter of the Sierra Club
stated that commercial fishing boats are not subject to the 1996 VMP
regulations (36 CFR 13.65(b)). This assertion, however, is only
partially correct; generally the VMP regulations apply to commercial
fishing vessels. While commercial fishing vessels were exempted from
the entry permit requirements of that rule by Sec. 13.65(b)(2)(iii)(D),
this rule will require such boats to obtain a National Park Service
permit to enter the bay, from June 1 through August 31. The Sierra Club
comment correctly pointed out that commercial fishing vessels were
exempted from the restriction on operating within one-quarter nautical
mile of a whale (Sec. 13.65(b)(3)(i)). This exemption was made due to
the slow speeds and deliberate courses that commercial fishing vessels
follow. However, the whale waters restrictions at
Sec. 13.65(b)(iv)(D)(1) apply unless a motor vessel (commercial or
sport) is actually fishing (and not simply in transit). Seasonal motor
vessel closures are specifically applicable (61 FR 27008, 27013, May
30, 1996).
NPS also notes that, regardless of whether an commercial fishing
vessel operator possesses a commercial fishing lifetime access permit,
the operator of a commercial fishing vessel can apply for a private
vessel permit to enter Glacier Bay from June 1 through August 31, or
visit Glacier Bay during the balance of the year, provided they follow
the regulations that apply to private motor vessels and do not engage
in commercial activities. Lifetime permittees are advised that the
lifetime permit only allows access for commercial fishing; entering the
park for other commercial purposes is prohibited, and entering Glacier
Bay for recreation purposes (from June 1 through August 31) requires a
private vessel permit. Commercial fishing vessels may, at any time,
seek safe harbor in Glacier Bay National Park when faced with hazardous
weather or sea conditions, mechanical problems, or other exigent
circumstances.
Resource Violations
One commenter suggested that a commercial fishing lifetime access
permit holder who commits a resource violation in the park should have
his or her permit revoked. Although NPS believes that most people who
will qualify for the permit will respect park resources and
regulations, NPS will not hesitate to ask a court to impose access
restrictions on a permit holder who is convicted of serious or repeated
offenses. NPS will also seek the State's support in including
provisions to this effect in the cooperatively developed management
plan. NPS believes that such action would be consistent with Congress'
direction that the plan ``shall provide for the protection of park
values and purposes.'' Section 123(a)(1).
Boundaries and Maps
NPS will provide detailed maps and charts depicting non-wilderness
and wilderness closures to every fisherman who receives a commercial
fishing lifetime access permit for one of the three authorized Glacier
Bay proper commercial fisheries. Others may contact the superintendent
for a map of these closures.
Section by Section Analysis
The regulations in this section implement the statutory
requirements of Section 123 of the Omnibus Emergency and Supplemental
Appropriations Act for FY 1999 (Section 123) (Pub. L. 105-277), as
amended by Section 501 of the 1999 Emergency Supplemental
Appropriations Act (Pub. L. 106-31.) Where possible, the language used
in this section of the regulations mirrors the language used in Section
123, as amended.
Section 13.65(a)(1) of the regulations provides definitions for the
terms ``commercial fishing'' and ``Glacier Bay'' and ``outer waters.''
The definition for ``commercial fishing'' is the same as used for the
park's vessel regulations in Sec. 13.65(b) of Title 36 of the Code of
Federal Regulations (36 CFR). The terms ``Glacier Bay'' and ``outer
waters'' are used in these regulations to describe marine water areas
of the park that are to be regulated differently under requirements of
Section 123. The definition for ``Glacier Bay'' mirrors the definition
for ``Glacier Bay Proper'' that is provided in Section 123, and is also
essentially the same as the definition used in 36 CFR 13.65(b)(1). The
term ``outer waters'' is used to describe all of the marine waters of
the park outside of Glacier Bay proper. This includes areas of Icy
Straits, Cross Sound, and coastal areas on the Gulf of Alaska running
from Cape Spencer to Sea Otter Creek, beyond Cape Fairweather.
Section 13.65(a)(2) of the regulations provides authorization for
commercial fishing to continue in the non-wilderness marine waters of
the park, as specifically provided for by Section 123, as amended. In
addition to Glacier Bay, park waters that are affected by Section 123
include all of the ``outer waters'' of the park outside of Glacier Bay.
This authorization for commercial fishing supercedes the general
regulatory prohibition on commercial fishing in the park found at 36
CFR 2.3(d)(4). The authorization, however, does not supercede other NPS
regulations or exempt commercial fishermen or their vessels from any
other generally applicable park regulations. Commercial fishing
activities are to be conducted and managed in concert with park
purposes and values. Paragraph (i) reflects the Section 123 requirement
that the State of Alaska and the Secretary of the Interior
cooperatively develop a fisheries management plan to guide the
regulation of commercial fisheries in the park that will: reflect the
requirements of Section 123, other applicable federal and state laws,
and international treaties; serve to protect park values and purposes;
prohibit new or expanded commercial fisheries; and, provide opportunity
for the study of marine resources. Paragraph (ii) clarifies that waters
designated as wilderness are closed to commercial fishing and related
commercial activities. Paragraph (iii) has been added to address the
Section 123 prohibition on any new or expanded fisheries and provides a
mechanism for future implementation of that prohibition. Paragraph (iv)
informs the public that maps and charts of the affected waters
available from the superintendent.
Section 13.65(a)(3) of the regulation implements Section 123
requirements that the commercial fisheries in Glacier Bay are limited
to longlining for halibut, pot or ring net fishing for Tanner crab, and
trolling for salmon. These are the only commercial fisheries authorized
to continue in Glacier Bay. Paragraph (ii) limits participation in the
authorized commercial fisheries in Glacier Bay to individuals who have
a non-transferable commercial fishing lifetime access permit issued by
the superintendent. The requirement for this lifetime access permit
will not go into effect until October 1, 2000. The delayed
implementation date (the re-proposed rule would have adopted January 1,
2000, as the implementation date) is intended to allow sufficient time
for fishermen to apply for, and receive, their access permits before
the permit requirement takes effect. Fishermen are strongly advised to
apply well before the October 1, 2000, deadline to ensure that their
application is processed and approved by that date. This section also
makes clear that the permits are non-transferable--reflecting the
language and requirements of Section 123. However, if a temporary
emergency transfer of a permit is approved by the Commercial Fisheries
Entry
[[Page 56459]]
Commission (CFEC) due to illness or disability of a temporary,
unexpected and unforeseen nature, NPS will also consider issuing a
temporary lifetime access permit transfer for the period (generally,
one year or less). In response to public comment, paragraph (iii) has
been added to better protect park resources. This paragraph also
provides a mechanism for future implementation of the cooperatively
developed management plan.
Section 13.65(a)(4) of this regulation restates the Section 123
requirement that an applicant must possess a valid State limited entry
commercial fishing permit for the district or statistical area
encompassing Glacier Bay, for each fishery for which a lifetime access
permit is being sought. Paragraph (ii) outlines the specific
eligibility requirements that must be met to obtain a lifetime access
permit for an authorized fishery in Glacier Bay. An applicant must have
participated as a limited entry permit holder for the minimum number of
years in the established base years period, and in the district or
statistical area encompassing Glacier Bay, for each authorized fishery,
for each fishery for which a lifetime access permit is being sought.
These eligibility criteria have undergone a Regulatory Flexibility Act
analysis, and have been determined to meet the goals of this
regulation, while seeking to minimize impacts to commercial fishermen
and other affected small businesses to the extent consistent with
Section 123, as amended. A 12-month application period to obtain a
lifetime access permit is described; conclusion of the eligibility
determinations by October 1, 2000, may be important to ensure
completion of the $23 million compensation program authorized by
Congress in the 1999 amendment to Section 123. Section 13.65(a)(5)
outlines the specific type of documentation that an applicant must
provide to the superintendent to obtain a lifetime access permit.
Section 123 requires fishermen to provide a sworn and notarized
personal affidavit attesting to their history of participation as a
limited entry permit holder within Glacier Bay, during the qualifying
period, for each fishery for which a lifetime access permit is being
sought. NPS will provide a simple affidavit form to applicants upon
request. Section 123 also requires applicants to provide other
documentation that corroborates their history of participation in the
fishery, and a copy of their current State of Alaska limited entry
permit (and in the case of halibut, an International Pacific Halibut
Commission quota share) that is valid for the area that includes
Glacier Bay for each fishery for which a lifetime access permit is
sought. Licensing and landing histories--two types of readily available
corroborating documentation--are required by this regulation. A
certified printout of an applicant's licensing history in a fishery is
available at no charge from the CFEC. The licensing history
corroborates participation in the fishery during the qualifying years.
Landing reports, documenting an applicant's harvest activities in a
specific commercial fishery by year and location, are available at no
charge from the Alaska Department of Fish and Game (ADFG). A form is
required from ADFG to obtain this information. NPS is aware of the
limitations of some landing data. There is, for example, no separate
statistical reporting unit for Glacier Bay for salmon trolling.
Accordingly, the superintendent will consider salmon landing reports
for District 114 as indirect evidence of participation in the Glacier
Bay fishery, provided that such reports are supported by additional
corroborating documentation of Glacier Bay landings. For the halibut
and Tanner crab fisheries, because specific reporting areas are
described for Glacier Bay, the superintendent may consider landing data
from a unit or area immediately adjacent to Glacier Bay when additional
and convincing corroborating documentation of landings in Glacier Bay
is included. Landing reports must be for the reporting area immediately
adjacent to Glacier Bay to be considered.
Section 13.65(a)(6) establishes October 1, 2000, as the deadline to
apply for a commercial fishing lifetime access permit. This section
also publishes the address where applications must be sent. Fishermen
are strongly advised to apply well before the October 1, 2000, deadline
to ensure their application is processed and approved by that date.
Section 13.65(a)(7) clarifies that the superintendent will make a
written determination and provide a copy to the applicant. Applicants
will be afforded an opportunity to provide additional information, if
it is required. NPS anticipates that it could take 45 days or more to
process and respond to an application, depending on the volume and
completeness of the applications received. For this reason, applicants
are strongly advised to apply well before the October 1, 2000,
deadline, or at least 45 days in advance of anticipated fishing
activities in Glacier Bay if that date is sooner.
Subsection 13.65(a)(8) describes the appeal procedures for an
applicant to follow if the superintendent finds the applicant to be
ineligible. These procedures are similar to those in place for other
NPS permit programs in Alaska.
Subsection 13.65(a)(9) makes clear that the lifetime access permits
to the Glacier Bay proper commercial fisheries are renewable for the
lifetime of an access permit holder, provided they continue to hold a
valid commercial fishing permit and are otherwise eligible to
participate in the fishery under federal and State laws. NPS expects to
reissue the lifetime access permits on a five-year cycle. This will
provide an opportunity for NPS to occasionally update the list of
fishermen authorized to commercial fish in Glacier Bay. NPS will not
charge a fee for these permits. Access permits will not be required for
commercial fisheries authorized in the marine waters of the park
outside Glacier Bay.
Section 13.65(a)(10), paragraphs (i)-(iii) describe several non-
wilderness inlets within Glacier Bay that Section 123 closed to
commercial fishing. The 1999 amendments to Section 123 delay
implementation of these non-wilderness closures during the 1999 fishing
season for the commercial halibut and salmon troll fisheries. The rule,
therefore, delays the effective date of these three paragraphs until
December 31, 1999, to accommodate the provisions of the Section 123
amendments. Wilderness areas, however, remained closed to all
commercial fishing under the 1999 amendments, with no delay in
implementation; these closures were put into effect by NPS on June 15,
1999. NPS will provide detailed maps and charts depicting these non-
wilderness and wilderness closures to fisherman who receive a lifetime
access permit for an authorized Glacier Bay proper commercial fishery.
Paragraph (i) implements the closure of Tarr Inlet, Johns Hopkins
Inlet, Reid Inlet, and Geike Inlet to all commercial fisheries. These
closures include the entirety of each of these inlets, as depicted on
the maps and charts available from the superintendent. Paragraph (ii)
describes the general closure of the west arm of Glacier Bay to
commercial fishing, with the exception of trolling for king salmon by
authorized commercial salmon fishermen during the State's winter season
troll fishery (as per Section 123). Paragraph (iii) describes the
general closure of the east arm of Glacier Bay north of a line drawn
across the mouth of the arm from Point Caroline through the southern
point of Garforth Island to the east shore mainland, with a similar
exception that allows authorized salmon fishermen to troll for king
salmon
[[Page 56460]]
during the State's winter troll fishery ``south of a line drawn across
Muir Inlet at the southernmost point of Adams Inlet.'' Section
123(a)(4). This line is described in this subsection as 58 deg.50'N
latitude, a description more readily understood by commercial
fishermen.
Drafting Information: The primary authors of this rule are Randy
King, Chief Ranger, Mary Beth Moss, Chief of Resource Management, and
Chad Soiseth, Aquatic Biologist, Glacier Bay National Park and
Preserve; and Donald J. Barry, Assistant Secretary of the Interior for
Fish and Wildlife and Parks. Other key contributors include Molly Ross,
Special Assistant to the Assistant Secretary for Fish and Wildlife and
Parks; Marvin Jensen and John Hiscock of the National Park Service.
Paul Hunter, National Park Service Alaska Support Office; and Russel J.
Wilson, Denali National Park and Preserve also contributed.
The regulatory language of the re-proposed rule has been converted
to the question and answer format in accordance with the Department of
the Interior, Office of Regulatory Affairs, policy on Plain Language.
No substantive changes to the proposed language have been made.
Compliance with Other Laws
Regulatory Flexibility Act
Under the Regulatory Flexibility Act of 1980, as amended, 5 U.S.C.
601 et seq., the NPS has determined that this rule will have a
significant impact on a substantial number of small business entities.
The NPS has summarized the final regulatory flexibility analysis on the
expected impact of this rule on those small business entities as
follows.
(1) This Rule is published in accordance with the provisions of
Section 123 of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act for FY 1999 (Section 123), as amended. The rule
establishes special regulations for commercial fishing in the marine
waters of Glacier Bay National Park. The rule implements provisions in
Section 123 by:
Closing specifically identified areas of non-wilderness
waters in Glacier Bay proper and all wilderness waters within Glacier
Bay National Park to commercial fishing.
Limiting commercial fishing in Glacier Bay proper to three
specific commercial fisheries.
Establishing a ``grandfathering'' process to allow
qualifying fishermen in the three authorized commercial fisheries to
continue fishing in the remaining waters of Glacier Bay proper under
nontransferable lifetime permits.
Clarifying that the marine waters of Glacier Bay National
Park outside of Glacier Bay proper will remain open to various existing
commercial fisheries.
(2) The following is a summary of the comments relating to the
initial Regulatory Flexibility Analysis and the NPS assessment and
response.
Several commenters challenged the NPS analysis of the impact the
rule would have on small entities under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). One commentator specifically contended that NPS
was incorrect in certifying that the rule did not have a significant
economic impact on a substantial number of small entities, and should
therefore have conducted the analysis required under the Regulatory
Flexibility Act. NPS would like to point out that for the August 2,
1999 re-proposed rule it did not so certify, and that it did conduct
the Regulatory Flexibility Analysis required under 5 U.S.C. 601 et seq.
Another commenter asked whether NPS took into account the effects
which the rule would have on the value of assets, (e.g., vessels,
fishing gear, permits). NPS stated in its economic analysis that it did
not account for the effect of the rule on assets. NPS believes that any
asset effects will be small for two reasons: (1) the market for used
equipment is extensive and the effect of fishing restrictions in one
venue (Glacier Bay) on market prices is minimal, and (2) there are
opportunities for fishermen displaced to replace significant portions
of lost revenues in other fishing venues. Further, Congress has
appropriated funds to compensate for estimated economic losses. Since
NPS and the State of Alaska have not yet developed the decision rules
and eligibility criteria for dispensing these funds, the opportunity to
identify effects that warrant compensation still exists.
Several commenters argued that the NPS's analysis was flawed, and
in particular, that: the analysis did not meet the standards of 5
U.S.C. 601 et seq.; NPS did not reveal the details of its study design;
and, NPS failed to use the best scientific data available. NPS
consulted extensively with staff at the Small Business Administration
regarding the design of the study, and was careful to comply with the
standards of 5 U.S.C. 601 et seq. Although NPS did not publish the
State of Alaska's Commercial Fisheries Entry Commission (CFEC) data,
nor the individual calculations made therefrom, it fully described the
nature of these calculations and published the cumulative results. The
NPS also used the best scientific data available for its analysis.
A few commenters questioned NPS's finding that the rule is not a
significant regulatory action for purposes of E.O. 12866 (Regulatory
Planning and Review) and 2 U.S.C. 1501 et seq. (Unfunded Mandates
Reform Act). In response, NPS notes that we have determined that the
rule is significant under E.O. 12866 but not under 2 U.S.C. 1501. The
NPS estimated that the present value of the income effects of the rule
would be less than $9.2 million. A present value of $9.2 million is
equivalent to $276,000 annually, assuming a discount rate of 3% in
perpetuity, or $358,000 annually, if the full impact is absorbed over
50 years. NPS used the best scientific data available to arrive at this
estimate, and made what it believed to be very conservative assumptions
in conducting the analysis. As described in the economic analysis, NPS
based its analysis on (1) data collected by the CFEC on harvest sizes
and values, location of catch, and permittee participation by venue and
(2) two studies conducted by Dr. Jeff Hartman, Alaska Department of
Fish and Game. NPS has confidence in Dr. Hartman's analysis; it was
carefully designed and executed and formed the basis of Congress's $23
million appropriation for compensation.
No changes were made in the Final Rule as a result of the public
comment detailed above. NPS notes, however, that the eligibility
criteria adopted by this rule (as proposed in the re-proposed rule) are
less stringent than the criteria originally proposed in the 1997
proposed rule. NPS chose the less stringent criteria because public
comment and the initial regulatory flexibility analysis led NPS to
conclude that the more stringent criteria would have adversely affected
the economic well being of an unacceptably high number of fishermen as
well as local communities.
(3) The rule will apply primarily to current holders of a valid
limited-entry, commercial fishery permit for Tanner crab, halibut, and/
or salmon troll fisheries that have fished within Glacier Bay proper or
adjacent areas over the ten year period 1989-98. Because some permit
holders may hold permits for multiple fisheries and because statistical
reporting units for which permit holders report their catch align
poorly with park boundaries or have changed configuration over time it
is extremely difficult to estimate the number of permit holders
impacted by the rule (i.e., those displaced by, or not qualifying to
continue fishing under, the
[[Page 56461]]
rule). Our best estimates, obtained from the CFEC, indicate that 40-50
Tanner crabbers, 80-220 halibut fishermen, 80-330 hand trollers and
100-380 power trollers would be displaced from Glacier Bay proper.
Estimates for salmon trollers encompass both summer and winter
fisheries openings for Statistical Area 114, which includes Cross Sound
and Icy Strait in addition to Glacier Bay proper. The troll fishery in
the Bay proper typically occurs during the winter opening and the
number of affected entities is most likely closer to the lower estimate
for this fishery. Other small entities which are likely to be affected
by this final rule include: vessel owners who are not permit holders,
crew members, seafood processing firms, seafood processing laborers,
lost tax revenues to local government jurisdictions, and fishing
support sector small entities in local communities (i.e., chandlerys,
fishing gear and hardware stores, fuel sales, grocery stores, boat
mechanics, etc.). Fewer than 40 vessel owners who are not permit
holders are currently estimated to be affected by this final rule,
although the number of vessels that will continue to be leased by
qualifying permit holders and will continue to participate in Glacier
Bay proper fisheries is unknown. It is currently not possible to
estimate the number of small entities in these other classes because
many of the spatial and temporal parameters of projected affects are
currently not well known.
(4) The projected reporting, record keeping and other compliance
requirements are described in the rule. Section 13.65(a)(5) outlines
the specific type of documentation that an applicant must provide to
the superintendent to obtain a lifetime access permit. Section 123
requires fishermen to provide a sworn and notarized personal affidavit
attesting to their history of participation as a limited permit holder
within Glacier Bay, during the qualifying period, for each fishery for
which a lifetime access permit is being sought. Section 123 also
requires applicants to provide other documentation that corroborates
their history of participation in the fishery, and a copy of their
current State of Alaska limited entry permit (and in the case of
halibut, an International Pacific Halibut Commission quota share) that
is valid for the area that includes Glacier Bay for each fishery for
which a lifetime access permit is sought. Licensing and landing
histories--two types of readily available corroborating documentation--
are required by this regulation. A certified printout of an applicant's
licensing history in a fishery is available at no charge from the CFEC.
The licensing history corroborates participation in the fishery during
the qualifying years. Landing reports, documenting an applicant's
harvest activities in a specific commercial fishery by year and
location, are available at no charge from the Alaska Department of Fish
and Game (ADFG).
The classes of small entities which will be subject to the
requirement are current limited entry permit holders for the Glacier
Bay commercial halibut fishery who have participated as a permit holder
in that fishery for at least two years during the period 1992-1998, and
current limited entry permit holders for the Glacier Bay salmon or
Tanner crab commercial fisheries who have participated as a permit
holder in that fishery for at least three years during the period
1989--1998. No professional skills are necessary for preparation of the
report or record. All necessary materials are available either from
ADFG or the CFEC.
(5) NPS has and will continue to mitigate the significant economic
impact on small entities impacted by this statute by the following
actions:
This rule adopts October 1, 2000 as the effective date of
the Glacier Bay proper permit requirement, rather than the re-proposed
rule date of January 1, 2000 to give applicants more time to collect
the required documentation and apply for the permit.
This rule selected the less stringent eligibility criteria
for lifetime permits that was published in the re-proposed rule (two
years in seven, and three years in ten) rather than the eligibility
criteria that was originally proposed (six years in ten).
NPS will administer, in a fair and timely manner, the
mandated 23 million dollar compensation program, which will recompense
small entities affected by the phase-out of commercial fishing in
specified areas of Glacier Bay National Park.
Most aspects of the rule are direct requirements of Section 123.
Section 123 also directed the Secretary of the Interior to determine
the eligibility criteria for the Glacier Bay fishery. The eligibility
criteria adopted by this rule (as proposed in the re-proposed rule) is
less stringent than the criteria originally proposed in the 1997
proposed rule. NPS chose the less stringent criteria because public
comment and the initial regulatory flexibility analysis led NPS to
conclude that the more stringent criteria would have adversely affected
the economic well being of an unacceptably high number of fishermen as
well as local communities. The reasons for not selecting alternative
criteria are discussed extensively both above and in the re-proposed
rule (64 FR 41854, 41860-63, August 2, 1999).
NPS has placed a copy of the final regulatory flexibility analysis
on file in the Administrative Record at the address specified in the
ADDRESSES section. Copies are available upon request.
Regulatory Planning and Review
This document is a significant rule and has been reviewed by the
Office of Management and Budget under Executive Order 12866.
a. This rule will not have an annual economic effect of $100
million or adversely affect an economic sector, productivity, the
environment, or other units of government. Jobs in local Alaska
communities will be lost and a Federally funded compensation program
will mitigate the economic impacts on individuals and the communities.
An economic analysis has been completed and is attached (See Regulatory
Flexibility Act Section). With this rule we are establishing
eligibility requirements and application procedures for obtaining a
permit for lifetime access to three commercial fisheries authorized in
Glacier Bay proper.
b. This rule will not create inconsistencies with other agencies'
actions. Section 123 calls for the Secretary and the State of Alaska to
cooperate in the development of a management plan to regulate these
ongoing commercial fisheries. Certain inlets or areas of inlets of
Glacier Bay proper are either closed to all commercial fishing, or
limited to trolling by qualifying fishermen for king salmon during the
winter season. Section 123 confirms the statutory prohibition on
commercial fishing within the Park's designated wilderness areas, and
authorizes compensation for qualifying Dungeness crab fishermen who had
fished in designated wilderness waters of the Beardslee Islands and
Dundas Bay.
c. This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
This rule implements and establishes eligibility requirements and
application procedures for obtaining a permit for lifetime access to
three commercial fisheries authorized in Glacier Bay proper.
d. This rule raised novel legal or policy issues regarding the
management of fisheries in Glacier Bay National Park.
[[Page 56462]]
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under the Congressional review
provisions of the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 804(2)). This rule:
a. does not have an effect on the economy of $100 million or more,
as demonstrated in the economic analysis;
b. will not cause an increase in costs or prices for consumers,
individual industries, Federal, State or local government entities, or
geographic regions;
c. does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises (See
Regulatory Flexibility Act Section).
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1502
et seq.):
a. This rule will not ``significantly or uniquely'' affect small
governments. A Small Government Agency Plan is not required. This rule
does not change the relationship between the NPS and small governments.
b. The Department has determined and certifies pursuant to the
Unfunded Mandates Reform Act that this rule will not impose a cost of
$100 million or more in any given year on local, State or tribal
governments or private entities. (See Regulatory Flexibility Act
Section.)
Takings
In accordance with Executive Order 12630, the rule does not have
significant takings implications. No takings of personal property will
occur as a result of this rule. Perceived takings due to job loss will
be offset by the compensation program. This rule implements and
establishes eligibility requirements and application procedures for
obtaining a permit for lifetime access to three commercial fisheries
authorized in Glacier Bay proper. (See Regulatory Flexibility Act
Section.)
Federalism
In accordance with Executive Order 12612, the rule does not have
significant Federalism effects. The primary effect of this rule is to
implement eligibility requirements and application procedures for
obtaining a permit for lifetime access to three commercial fisheries
authorized in waters of Glacier Bay National Park.
Civil Justice Reform
The Department has determined that this rule meets the applicable
standards provided in Section 3(a) and 3(b)(2) of Executive Order
12988. The rule does not unduly burden the judicial system. NPS drafted
this rule in plain language to provide clear standards and to ensure
that the rule is easily understood. We consulted with the Department of
the Interior's Office of the Solicitor during the drafting process.
Paperwork Reduction Act
This rule contains information collection requirements subject to
Office of Management and Budget (OMB) approval under the Paperwork
Reduction Act of 1995. The collection of information contained in
section 13.65(a)(5)(iii) of this rule is for issuing a permit for
lifetime access to three authorized commercial fisheries within Glacier
Bay proper based upon sufficient historical participation. The
information collected will be used to determine who qualifies for the
issuance of a permit for lifetime access. It is necessary for someone
to apply to obtain a permit.
Specifically, NPS needs the following information from an applicant
to issue a permit for lifetime access to the salmon troll fishery,
Tanner crab pot and ring net fishery, and halibut longline fishery
authorized within Glacier Bay proper: (1) Full name, date of birth,
mailing address and phone number. (2) A sworn and notarized personal
affidavit attesting to the applicant's history of participation as a
limited entry permit or license holder in one or more of the three
authorized Glacier Bay fisheries during the qualifying years. (3) A
copy of a current State or--in the case of halibut--International
Pacific Halibut Commission commercial fishing permit card or license
that is valid for the area including Glacier Bay proper. (4)
Documentation of commercial landings within the statistical units or
areas that include Glacier Bay proper during the qualifying period. (5)
Any available corroborating information that can assist in a
determination of eligibility for the lifetime access permits for the
three authorized fisheries within Glacier Bay proper.
NPS has submitted the necessary documentation to the Office of
Management and Budget under 44 U.S.C. 3501 et seq., and received
approval for the collection of this information for all areas covered
by this rule under permit number 1024-0125.
The public reporting burden for the collection of this information
is estimated to average less than two hours per response, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing the burden of these information
collection requests, to Information Collection Officer, National Park
Service, 800 North Capitol Street, Washington, DC 20001; and the Office
of Management and Budget, Office of Information and Regulatory Affairs,
Attention: Desk Officer for Department of the Interior (1024-0125),
Washington, DC 20503.
National Environmental Policy Act
In April 1998, NPS released a comprehensive Commercial Fishing
Environmental Assessment (EA) that described and addressed the
potential environmental impacts of the proposed action (the 1997
proposed rule) and four alternatives for managing commercial fishing
activities in the marine waters of the park. On October 21, 1998
Section 123 of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act for FY 1999 (Section 123), was passed by Congress
and signed into law. Congress passed Section 123 toward the end of what
had already been an extended public involvement and comment period on
the 1997 proposed rule and 1998 EA. Congress, in passing Section 123,
clarified and limited the Secretary of the Interior's discretionary
authority with respect to authorizing commercial fishing in Glacier Bay
National Park. Section 123 required the Secretary to describe
eligibility criteria for the lifetime access permits for Glacier Bay
proper, closed certain named inlets and wilderness waters, and
clarified that the outer marine waters of the park should remain open
to existing fisheries under a cooperatively developed state/federal
management plan. Based on the information in the EA a finding of no
significant impact was determined and no environmental impact statement
will be prepared.
Effective Date
In accordance with 5 U.S.C. (d)(3) this rule is effective October
20, 1999, with the exception of paragraphs (a)(10) (i)-(iii) which take
effect on January 1, 2000. We find good cause to implement this
regulation to meet the requirement mandated by Congress in Pub. L. 106-
31 Sec. 501(e).
List of Subjects in 36 CFR Part 13
Alaska, National parks, Reporting and recordkeeping requirements.
[[Page 56463]]
For the reasons stated in the preamble, the National Park Service
amends 36 CFR part 13 as follows:
PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA
1. The authority citation for part 13 is amended to read as
follows:
Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 13.65 also
issued under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197; Pub. L. 105-
277, 112 Stat. 2681, October 21, 1998; Pub. L. 106-31, 113 Stat. 57,
May 21, 1999.
2. Section 13.65 is amended by adding paragraph (a) and removing
and reserving paragraphs (b)(5) and (b)(6) to read as follows:
Sec. 13.65 Glacier Bay National Park and Preserve.
(a) Commercial fishing: authorizations, closures and restrictions.
(1) What terms do I need to know?
(i) Commercial fishing means conducting fishing activities under
the appropriate commercial fishing permits and licenses as required and
defined by the State of Alaska.
(ii) Glacier Bay means all marine waters within Glacier Bay
National Park, including coves and inlets, north of an imaginary line
drawn from Point Gustavus to Point Carolus.
(iii) Outer waters means all of the non-wilderness marine waters of
the park located outside of Glacier Bay.
(2) Is commercial fishing authorized in the marine waters of
Glacier Bay National Park? Yes--Commercial fishing is authorized within
the outer waters of the park and within the non-wilderness waters of
Glacier Bay, subject to the provisions of this chapter.
(i) Commercial fishing shall be administered pursuant to A
cooperatively developed State/federal park fisheries management plan,
international conservation and management treaties, and existing
federal and Non-conflicting State law. The management plan shall
provide for the protection of park values and purposes, the prohibition
on any new or expanded fisheries, and the opportunity to study marine
resources.
(ii) Commercial fishing or conducting an associated buying or
processing operation in wilderness waters is prohibited.
(iii) A new or expanded fishery is prohibited. The Superintendent
shall compile a list of the existing fisheries and gear types used in
the outer waters and follow the procedures in Secs. 1.5 and 1.7 of this
chapter to inform the public.
(iv) Maps and charts showing which marine areas of Glacier Bay are
closed to commercial fishing are available from the Superintendent.
(3) What types of commercial fishing are authorized in Glacier Bay?
Three types of commercial fishing are authorized in Glacier Bay non-
wilderness waters: longline fishing for halibut; pot and ring fishing
for Tanner crab; and trolling for salmon.
(i) All other commercial fishing, or a buying or a processing
operation not related to an authorized fishery is prohibited in Glacier
Bay.
(ii) On October 1, 2000, each fishery will be limited to fishermen
who qualify for a non-transferable commercial fishing lifetime access
permit (see paragraph (a)(4) of this section). Commercial fishing
without a permit issued by the superintendent, or other than in
accordance with the terms and conditions of the permit, is prohibited.
(iii) The Superintendent shall include in a permit the terms and
conditions that the superintendent deems necessary to protect park
resources. Violating a term or condition of the permit is prohibited.
(4) Who is eligible for a Glacier Bay commercial fishing lifetime
access permit? A Glacier Bay commercial fishing lifetime access permit
will be issued by the superintendent to fishermen who have submitted
documentation to the superintendent, on or before October 1, 2000,
which demonstrates to the satisfaction of the superintendent that:
(i) They possess valid State limited entry commercial fishing
permits for the district or statistical area encompassing Glacier Bay
for each fishery for which a lifetime access permit is being sought;
and,
(ii) They have participated as limited entry permit holders for the
district or statistical area encompassing Glacier Bay for each fishery
for which a lifetime access permit is being sought.
(A) For the Glacier Bay commercial halibut fishery, the Applicant
must have participated as a permit holder for at least two years during
the period 1992-1998.
(B) For the Glacier Bay salmon or Tanner crab commercial fisheries,
the applicant must have participated as a permit holder for at least
three years during the period 1989-1998.
(5) What documentation is required to apply for a commercial
fishing lifetime access permit? The required documentation includes:
(i) The applicants full name, date of birth, mailing address and
phone number;
(ii) A notarized affidavit, sworn by the applicant, attesting to
his or her history of participation as a limited permit holder in
Glacier Bay, during the qualifying period, for each fishery for which a
lifetime access permit is being sought;
(iii) A copy of the applicant's current State of Alaska limited
entry permit and in the case of halibut an International Pacific
Halibut Commission quota share, that is valid for the area that
includes Glacier Bay, for each fishery for which a lifetime access
permit is sought;
(iv) Proof of the applicant's permit and quota share history for
the Glacier Bay fishery during the qualifying period;
(v) Documentation of commercial landings for the Glacier Bay
fishery during the qualifying periods, i.e., within the statistical
unit or area that includes Glacier Bay: for halibut, regulatory sub-
area 184; for Tanner crab, statistical areas 114-70 through 114-77. For
salmon, the superintendent will consider landing reports from District
114; however, the superintendent may require additional documentation
that supports the applicant's declaration of Glacier Bay salmon
landings. For halibut and Tanner crab, the superintendent may consider
documented commercial landings from the unit or area immediately
adjacent to Glacier Bay (in Icy Strait) if additional documentation
supports the applicant's declaration that landings occurred in Glacier
Bay.
(vi) Any additional corroborating documentation that might assist
the superintendent in a timely determination of eligibility for the
access permits.
(6) Where should the documentation for a lifetime access permit be
sent? Before October 1, 2000, all required information (as listed in
paragraph (a)(5) of this section) should be sent to: Superintendent,
Attn: Access Permit Program, Glacier Bay National Park and Preserve,
P.O. Box 140, Gustavus, Alaska 99826.
(7) Who determines eligibility? The superintendent will make a
written determination of an applicant's eligibility for the lifetime
access permit based on information provided. A copy of the
determination will be mailed to the applicant. If additional
information is required to make an eligibility determination, the
applicant will be notified in writing of that need and be given an
opportunity to provide it.
(8) Is there an appeals process if a commercial fishing lifetime
access permit application is denied? Yes--If an applicant's request for
an a commercial fishing lifetime access permit is denied, the
superintendent will provide the applicant with the reasons for the
denial in writing within 15 days of the
[[Page 56464]]
decision. The applicant may appeal to the Regional Director, Alaska
Region, within 180 days. The appeal must substantiate the basis of the
applicant's disagreement with the Superintendent's determination. The
Regional Director (or his representative) will meet with the applicant
to discuss the appeal within 30 days of receiving the appeal. Within 15
days of receipt of written materials and the meeting, if requested, the
Regional Director will affirm, reverse, or modify the Superintendent's
determination and explain the reasons for the decision in writing. A
copy of the decision will be forwarded promptly to the applicant and
will be the final agency action.
(9) How often will commercial fishing lifetime access permit be
renewed? The superintendent will renew lifetime access permit at 5-year
intervals for the lifetime of a permittee who continues to hold a valid
State limited entry commercial fishing permit, and for halibut an
International Pacific Halibut Commission quota share, and is otherwise
eligible to participate in the fishery under federal and State law.
(10) What other closures and restrictions apply to commercial
fishermen and commercial fishing vessels?
The following are prohibited:
(i) Commercial fishing in the waters of Geikie, Tarr, Johns Hopkins
and Reid Inlets.
(ii) Commercial fishing in the waters of the west arm of Glacier
Bay north of 58 deg.50'N latitude, except commercial fishermen who have
been authorized by the superintendent to troll for salmon may troll for
king salmon during the period October 1 through April 30, in compliance
with state commercial fishing regulations.
(iii) Commercial fishing in the east arm of Glacier Bay, north of
an imaginary line running from Point Caroline through the southern
point of Garforth Island and extending to the east side of Muir Inlet,
except commercial fishermen who have been authorized by the
superintendent to troll for salmon may troll for king salmon south of
58 deg.50'N latitude during the period October 1 through April 30, in
compliance with state commercial fishing regulations.
(b) * * *
(5) [Reserved]
(6) [Reserved]
* * * * *
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-27297 Filed 10-19-99; 8:45 am]
BILLING CODE 4310-70-P
