[Federal Register Volume 63, Number 238 (Friday, December 11, 1998)]
[Proposed Rules]
[Pages 68666-68667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32997]
[[Page 68665]]
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Part VII
Department of the Interior
_______________________________________________________________________
National Park Service
_______________________________________________________________________
36 CFR Part 13
Glacier Bay National Park, Alaska; Commercial Fishing Regulations and
Environmental Assessment; Proposed Rule
Dungeness Crab Commercial Fishery Compensation Program Application
Procedures; Notice
Federal Register / Vol. 63, No. 238 / Friday, December 11, 1998 /
Proposed Rules
[[Page 68666]]
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 13
Glacier Bay National Park, Alaska; Commercial Fishing Regulations
and Environmental Assessment
AGENCY: National Park Service, Interior.
ACTION: Reopen the public comment period for the Proposed Rule and
Environmental Assessment.
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SUMMARY: Section 123 of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act for FY 1999 (``the Act''), signed into
law on October 21, 1998, establishes statutory requirements for the
management of commercial fishing in Glacier Bay National Park. The
congressional managers of this legislation directed the National Park
Service (NPS) ``to extend the public comment period on the pending
regulations (62 FR 18547, April 16, 1997) until January 15, 1999,
modify the draft regulations to conform to [section 123's] language and
publish the changes in the final regulations.'' Accordingly, the public
comment period on the Proposed Rule and Environmental Assessment (EA)
for commercial fishing will remain open until January 15, 1999.
DATES: Comments on the proposed rule and EA will be accepted through
January 15, 1999.
ADDRESSES: Comments on the proposed rule and EA should be submitted to
the: Superintendent, Glacier Bay National Park and Preserve, P.O. Box
140, Gustavus, Alaska 99826. Comments on the proposed rule and EA may
be made on the park's Web site at http://www.nps.gov/glba, or by
phoning the park at (907) 697-2230.
FOR FURTHER INFORMATION CONTACT: Copies of the EA and the Executive
Summary are available by writing to Glen Yankus, National Park Service
Support Office, 2525 Gambell St., Anchorage, Alaska 99503, or calling
(907) 257-2645. The EA Executive Summary, Proposed Rule, and Section
123 of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act for FY 1999 are also available on the park's Web
site at ttp://www.nps.gov/glba.
SUPPLEMENTARY INFORMATION: Section 123 of the Act (Pub. L. 105-277)
directs the secretary of the interior and the state of Alaska to
develop a cooperative management plan for the regulation of commercial
fisheries within the park consistent with protection of park values and
purposes, a prohibition on new or expanded fisheries, and opportunities
for study of marine resources. The law provides for the continuation of
commercial fishing in the marine waters of Glacier Bay National Park
outside Glacier Bay proper. The law limits =-commercial fisheries
within Glacier Bay proper to Tanner crab, halibut and salmon, and
limits participation in these commercial fisheries to the lifetimes of
individual fishermen with a qualifying history. Areas in the upper
reaches and inlets of Glacier Bay proper are closed to all commercial
fishing or are limited to winter season king salmon trolling by
grandfathered fishermen. Designated marine wilderness areas in the park
are closed to commercial fishing. Compensation is provided for
qualifying Dungeness crab fishermen displaced by closure of designated
wilderness waters of the Beardslee Islands and Dundas Bay. The full
text of Section 123 of the Act is provided at the end of Supplementary
Information.
NPS will publish a final rule regarding commercial fishing in the
marine waters of Glacier Bay National Park after the close of the
public comment period, as directed by Congress. Section 123 determines
by statute several aspects of the NPS's proposed rule, but leaves other
aspects open for final rulemaking. For example, Section 123 establishes
by statute the phase-out of commercial fishing in Glacier Bay proper
proposed by the rule. However, whereas the proposed rule would have
eliminated commercial fishing in the bay after a 15-year period,
Section 123 allows qualifying fishermen to fish in the bay throughout
their lifetimes. In deference to rulemaking, Section 123 leaves to the
Secretary of the Interior the determination of the number and timeframe
of years that will qualify individuals for the nontransferable lifetime
permits. The proposed rule would have required a fisherman to have
participated in a Glacier Bay-proper fishery for a minimum of six years
during the period of 1987 through 1996 to qualify for the 15-year
access permit contemplated by the proposed rule. The final rule will
determine the appropriate eligibility requirement for the lifetime
access permit mandated by the statute. NPS welcomes and encourages
ideas on what are reasonable eligibility criteria for lifetime access
to the commercial Tanner crab, halibut and salmon fisheries authorized
in Glacier Bay proper by the Act. Are the eligibility criteria outlined
in the proposed rule appropriate? Should a different number and
timeframe of qualifying years (e.g., three out of a five-year period)
be considered? Should the three fisheries have the same eligibility
criteria, or are there differences among the fisheries that support
different eligibility criteria for different fisheries?
NPS will implement the statutory requirements of Section 123 of the
Act in a final rule. All issues raised by the proposed rule not
explicitly resolved by Section 123 of the Act are still open for
comment. For example, Section 123 of the Act directs the state of
Alaska and the secretary of the interior to develop a cooperative
management plan (see Section 123 (a)(1), at the end of SUPPLEMENTARY
INFORMATION). The proposed rule also contemplated such a plan. As
cooperative management is envisioned, the state would continue its role
in management of commercial fisheries and NPS would contribute
expertise in protection of park purposes and values; both state and
federal agencies could jointly develop appropriate marine research
projects. NPS seeks public comments and ideas on federal-state
cooperative management to help federal and state officials begin their
discussions. However, details of cooperative management will not be
included in the final rulemaking because such details will be developed
cooperatively with the state of Alaska.
The proposed rule (including the preamble) raises other issues not
addressed by the Act, such as proposals to develop a Hoonah Tlingit
cultural fishery and consider fisheries research opportunities. NPS
acknowledges that some issues raised in the proposed rule may be more
appropriately considered in development of a cooperative management
plan with the state of Alaska. NPS will review all comments received to
date on the proposed rule and EA and encourages additional comments in
light of the new legislation. In addition to being published in the
Federal Register, this notice is being mailed to all 1,300+ individuals
who have already provided comment on the proposed rule. Consequently,
all commenters have an opportunity to provide new or additional
comments.
The full text of Section 123 of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act for FY 1999 (Pub. L. 105-277)
is provided below.11
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\11\ Note: The text of section 123 is provided for the
convenience of the reader. The official version of section 123
appears in Pub. L. 105-277, 112 Stat. 2681.
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[[Page 68667]]
COMMERCIAL FISHING IN GLACIER BAY NATIONAL PARK
SEC. 123. (a) GENERAL--
(1) The Secretary of the Interior and the State of Alaska shall
cooperate in the development of a management plan for the regulation of
commercial fisheries in Glacier Bay National Park pursuant to existing
State and Federal statutes and any applicable international
conservation and management treaties. Such management plan shall
provide for commercial fishing in the marine waters within Glacier Bay
National Park outside of Glacier Bay Proper, and in the marine waters
within Glacier Bay Proper as specified in paragraphs (a)(2) through
(a)(5), and shall provide for the protection of park values and
purposes, for the prohibition of any new or expanded fisheries, and for
the opportunity for the study of marine resources.
(2) In the nonwilderness waters within Glacier Bay Proper,
commercial fishing shall be limited, by means of non-transferable
lifetime access permits, solely to individuals who--
(A) Hold a valid commercial fishing permit for a fishery in a
geographic area that includes the nonwilderness waters within Glacier
Bay Proper;
(B) Provide a sworn and notarized affidavit and other available
corroborating documentation to the Secretary of the Interior sufficient
to establish that such individual engaged in commercial fishing for
halibut, Tanner crab, or salmon in Glacier Bay Proper during qualifying
years which shall be established by the Secretary of the Interior
within one year of the date of the enactment of this Act; and
(C) Fish only with--
(i) Longline gear for halibut;
(ii) Pot or ring nets for Tanner crab; or
(iii) Trolling gear for salmon.
(3) With respect to the individuals engaging in commercial fishing
for Glacier Bay Proper pursuant to paragraph (2), no fishing shall be
allowed in the West Arm of Glacier Bay Proper (West Arm) north of 58
degrees, 50 minutes north latitude except for trolling for king salmon
during the period from October 1 through April 30. The waters of Johns
Hopkins Inlet, Tarr Inlet and Reid Inlet shall remain closed to all
commercial fishing.
(4) With respect to the individuals engaging in commercial fishing
in Glacier Bay Proper pursuant to paragraph (2), no fishing shall be
allowed in the East Arm of Glacier Bay Proper (East Arm) north of a
line drawn from Point Caroline, through the southern end of Garforth
Island to the east side of the Muir Inlet, except that trolling for
king salmon during the period from October 1 through April 30 shall be
allowed south of a line drawn across Muir Inlet at the southernmost
point of Adams Inlet.
(5) With respect to the individuals engaging in commercial fishing
in Glacier Bay Proper pursuant to paragraph (2), no fishing shall be
allowed in Geikie Inlet.
(b) THE BEARDSLEE ISLANDS AND UPPER DUNDAS BAY.--Commercial fishing
is prohibited in the designated wilderness waters within Glacier Bay
National Park and Preserve, including the waters of the Beardslee
Islands and Upper Dundas Bay. Any individual who--
(1) On or before February 1, 1999, provides a sworn and notarized
affidavit and other available corroborating documentation to the
Secretary of the Interior sufficient to establish that he or she has
engaged in commercial fishing for Dungeness crab in the designated
wilderness waters of the Beardslee Islands or Dundas Bay within Glacier
Bay National Park pursuant to valid commercial fishing permit in at
least six of the years during the period 1987 through 1996;
(2) At the time of receiving compensation based on the Secretary of
the Interior's determination as described below--
(A) Agrees in writing not to engage in commercial fishing for
Dungeness crab within Glacier Bay Proper;
(B) Relinquishes to the State of Alaska for the purposes of its
retirement any commercial fishing permit for Dungeness crab for areas
within Glacier Bay Proper;
(C) At the individual's option, relinquishes to the United States
the Dungeness crab pots covered by the commercial fishing permit; and
(D) At the individual's option, relinquishes to the United States
the fishing vessel used for Dungeness crab fishing in Glacier Bay
Proper; and
(3) Holds a current valid commercial fishing permit that allows
such individual to engage in commercial fishing for Dungeness crab in
Glacier Bay National park, shall be eligible to receive from the United
States compensation that is the greater of (i) $400,000, or (ii) an
amount equal to the fair market value (as of the date of
relinquishment) of the commercial fishing permit for Dungeness crab, of
any Dungeness crab pots or other Dungeness crab gear, and of not more
than one Dungeness crab fishing vessel, together with an amount equal
to the present value of the foregone net income from commercial fishing
for Dungeness crab for the period January 1, 1999 through December 31,
2004, based on the individual's net earnings from the Dungeness crab
fishery during the period January 1, 1991 through December 31, 1996.
Any individual seeking such compensation shall provide the consent
necessary for the Secretary of the Interior to verify such net earnings
in the fishery. The Secretary of the Interior's determination of the
amount to be paid shall be completed and payment shall be made within
six months from the date of the application by the individuals
described in this subsection and shall constitute final agency action
subject to review pursuant to the Administrative Procedures Act in the
United States District Court for the District of Alaska.
(c) DEFINITION AND SAVINGS CLAUSE.--
(1) As used in this section, the term ``Glacier Bay Proper'' shall
mean the marine waters within Glacier Bay, including coves and inlets,
north of a line drawn from Point Gustavus to Point Carolus.
(2) Nothing in this section is intended to enlarge or diminish
Federal or State title, jurisdiction, or authority with respect to the
waters of the State of Alaska, the waters within the boundaries of
Glacier Bay National Park, or the tidal or submerged lands under any
provision of State or Federal law.
Dated: December 4, 1998.
John Quinley,
Acting Regional Director, Alaska.
[FR Doc. 98-32997 Filed 12-10-98; 8:45 am]
BILLING CODE 4310-70-P
