[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Proposed Rules]
[Pages 18547-18556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9800]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 13
RIN 1024-AB99
Glacier Bay National Park, Alaska; Commercial Fishing Regulations
AGENCY: National Park Service, Interior.
ACTION: Proposed rule; withdrawal of earlier proposed rule.
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SUMMARY: The National Park Service (NPS) proposes this rule to provide
the legal basis for reinitiating public discussion in order to arrive
at a prompt final resolution of the longstanding controversy concerning
commercial fishing activities in Glacier Bay National Park (NP) by the
end of 1997. In addition to seeking comments, NPS expects during the
comment period to continue discussions on the record with interested
parties including the State of Alaska.
The proposed rule, intended to provide a framework for enhanced
review and comment by all interested parties, would implement fair
measures to ensure protection of the values and purposes of Glacier Bay
NP, including the preservation, enjoyment, and scientific value of the
park's unique marine ecosystem. In general, the proposed rule would
prohibit all commercial fishing in Glacier Bay proper but provide
certain limited exemptions over a 15 year phase-out period, and
authorize established commercial fishing in the park's marine waters
outside Glacier Bay proper subject to reexamination at the end of 15
years.
To authorize the specific commercial fishing activities, the
proposed rule would provide specific exemptions for Glacier Bay NP from
the nationwide prohibition on such activities in units of the National
Park System. For the phase-out in Glacier Bay proper, the proposed rule
would exempt qualifying commercial fishermen who can demonstrate a
reasonable history of participation in a specific fishery to continue
fishing for a limited period of time on a seasonal basis. For the
marine waters outside Glacier Bay proper, the proposed rule would
generally exempt existing commercial fishing activities under a
Federal-State cooperative management program consistent with protection
of park resource values.
With respect to designated wilderness waters in Glacier Bay NP,
since the Wilderness Act prohibits this kind of commercial enterprise
in designated wilderness, commercial fishing activities must cease in
these areas. However, certain crab fishermen essential to an existing
multi-agency research project in the Beardslee Islands area may be
authorized to take crab in the locations specified by the research
project for the remaining five to seven years of the project pursuant
to a ``research project'' special use permit. NPS has previously
determined that this research project is consistent with, and is likely
to produce significant benefits for, wilderness resource management.
The proposed rule would not address legislatively authorized
commercial fishing and related activities in the Dry Bay area of
Glacier Bay National Preserve.
This proposed rule supersedes and withdraws a previously proposed
rulemaking on this subject published on August 5, 1991 (56 FR 37262).
DATES: Written comments postmarked on or before October 15, 1997, will
be accepted. For information on public meetings and discussion
sessions, see Public Participation at the end of
SUPPLEMENTARY INFORMATION:
ADDRESSES: Comments should be directed to James M. Brady,
Superintendent, Glacier Bay National Park and Preserve, P.O. Box 140,
Gustavus, Alaska 99826.
FOR FURTHER INFORMATION CONTACT: James M. Brady, Superintendent,
National Park Service, Glacier Bay National Park and Preserve, P.O. Box
140, Gustavus, Alaska, 99827, telephone: (907) 697-2230.
SUPPLEMENTARY INFORMATION:
Background
Establishment of Glacier Bay National Park and Preserve
Glacier Bay National Monument was established by presidential
proclamation dated February 26, 1925. 43 Stat. 1988. The monument was
established to protect a number of tidewater and other glaciers, and a
variety of post glacial forest and other vegetative covering, and also
to provide opportunities for scientific study of glacial activity and
post glacial biological succession. The early monument included marine
waters within Glacier Bay north of a line running approximately from
Geikie Inlet on the west side of the bay to the northern extent of the
Beardslee Islands on the east side of the bay. The monument was
expanded by a second presidential proclamation on April 18, 1939. 53
Stat. 2534. The expanded monument included additional lands and marine
waters consisting of all of Glacier Bay; portions of Cross Sound, North
Inian Pass, North Passage, Icy Passage, and Excursion Inlet; and
Pacific coastal waters to a distance of three miles seaward between
Cape Spencer to the south and Sea Otter Creek, north of Cape
Fairweather.
Glacier Bay National Monument was redesignated as Glacier Bay
National Park and Preserve and enlarged in 1980 by the Alaska National
Interest Lands Conservation Act (ANILCA). 16 U.S.C.
[[Page 18548]]
410hh-1; see Sen. Rep. No. 413, 96th Cong., 1st Sess. 163 (1979). The
legislative history of ANILCA indicates that certain NPS units in
Alaska, including Glacier Bay National Park, ``* * * are intended to be
large sanctuaries where fish and wildlife may roam freely, developing
their social structures and evolving over long periods of time as
nearly as possible without the changes that extensive human activities
would cause.'' Id. at 137; see ____ Cong. Rec. H10532 (1980). Congress
described the park as including the marine waters, and depicted the
park accordingly on the official maps.
In addition, ANILCA designated several areas containing marine
waters within and near Glacier Bay proper as additions to the National
Wilderness Preservation System. 16 U.S.C. 1132 note. These areas
include upper Dundas Bay, Adams Inlet, the Hugh Miller Inlet complex,
and waters in and around the Beardslee Islands.
As a result of the above actions, Glacier Bay National Park
contains the largest protected marine ecosystem on the Pacific Coast of
North America. It provides valuable opportunities to study and enjoy
marine flora and fauna in an unimpaired state, and to educate the
public about the biological richness of this marine system and its
dynamic interaction with glacial and terrestrial systems.
Management of Glacier Bay National Park and Preserve
In addition to the national monument proclamations and relevant
ANILCA provisions, the management of Glacier Bay National Park and
Preserve is governed by the NPS Organic Act, 16 U.S.C. Section 1, et
seq. The NPS Organic Act authorizes the Secretary of the Interior to
manage national parks and monuments to ``conserve the scenery and the
natural and historic objects and the wild life therein and to provide
for the enjoyment of same in such manner and by such means as will
leave them unimpaired for the enjoyment of future generations.'' Id.
Section 1. This act further directs that ``[t]he authorization of
activities shall be construed and the protection, management, and
administration of [NPS areas] shall be conducted in light of the high
public value and integrity of the National Park System and shall not be
exercised in derogation of the values and purposes for which these
various areas have been established, except as may have been or shall
be directly and specifically provided by Congress.'' Id. Section 1a-1.
The NPS Organic Act authorizes the Secretary to implement ``rules
and regulations as he may deem necessary or proper for the use and
management of the parks, monuments and reservations under the
jurisdiction of the National Park Service.'' Id. Section 3. The
Secretary has additional specific authority to ``promulgate and enforce
regulations concerning boating and other activities on or relating to
waters located within areas of the National Park System, including
waters subject to the jurisdiction of the United States * * *.'' Id.
Section 1a-2(h).
The designated wilderness areas within Glacier Bay NP, including
the marine areas, are additionally governed by the Wilderness Act, id.
section Sec. 1131, et seq., which defines wilderness ``as an area where
the earth and its community of life are untrammeled by man, where man
himself is a visitor who does not remain.'' The Wilderness Act requires
that wilderness be ``administered for the use and enjoyment of the
American people in such manner as will leave them unimpaired for future
use and enjoyment as wilderness, and so as to provide for the
protection of these areas, the preservation of their wilderness
character, and for the gathering and dissemination of information
regarding their use and enjoyment as wilderness.'' Id. Section 1131(a).
Among other things, the Wilderness Act prohibits ``commercial
enterprise * * * within any wilderness area * * * except as necessary
to meet minimum requirements for the administration of the area for the
purpose of this Act * * *'' Id. Section 1133(c).
Commercial Fishing History
The marine waters of Glacier Bay National Park have been fished
commercially since prior to the establishment of Glacier Bay National
Monument. Commercial fishing continued under federal regulation after
the national monument's establishment in 1925 and its subsequent
enlargement in 1939. Since 1966, however, regulation and legislation
have prohibited commercial fishing in Glacier Bay National Monument and
Glacier Bay National Park. Nontheless, commercial fishing is still
occuring in Glacier Bay National Park.
The Act of June 6, 1934, 43 Stat. 464, authorized the Secretary of
Commerce to ``set apart and reserve fishing areas in any of the waters
of Alaska* * *and within such areas * * * establish closed seasons
during which fishing may be limited or prohibited * * * .'' The first
Alaska Fishery Regulations of the Bureau of Fisheries, promulgated
between 1937 and 1939, addressed fisheries in an area designated as the
Icy Strait district including Glacier Bay National Monument. See 2 FR
305 (February 12, 1937); 4 FR 927 (February 15, 1939). Those
regulations, and regulations promulgated by the U.S. Fish and Wildlife
Service (FWS) between 1941 and 1959, set allowances for and
restrictions on commercial fisheries in areas within the boundaries of
Glacier Bay National Monument. See 6 FR 1252 (March 4, 1941), 50 CFR
Part 222; 16 FR 2158 (1951), 50 CFR Part 117; 24 FR 2153 (March 19,
1959), 50 CFR Part 115.
Early NPS fishing regulations prohibited any type of fishing ``with
nets, seines, traps, or by the use of drugs or explosives, or for
merchandise or profit, or in any other way than with hook and line, the
rod or line being held in the hand * * *.'' 6 FR 1627 (March 26, 1941),
36 CFR 2.4. However, in conjunction with the aforementioned FWS
regulations, the 1941 NPS regulations also stated that ``commercial
fishing in the waters of Fort Jefferson and Glacier Bay National
Monuments is permitted under special regulations.'' Id. NPS regulations
continued to allow commercial fishing in Glacier Bay National Monument
through 1966 in accordance with special regulations approved by the
Secretary. See 20 FR 618 (1955), 36 CFR 1.4; 27 FR 6281 (July 3, 1962).
In 1966, NPS revised its fishing regulations so as to prohibit
commercial fishing activities in Glacier Bay National Monument.
Although the 1966 NPS regulations, unlike previous versions, only
prohibited fishing ``for merchandise and profit'' in fresh park waters,
these same regulations generally prohibited unauthorized commercial
activities, including commercial fishing, in all NPS areas. See 31 FR
16653, 16661 (December 29, 1966), 36 CFR Secs. 2.13(j)(2), 5.3. In
contrast to earlier NPS regulations, the 1966 regulations did not
contain specific authorization for commercial fishing in Glacier Bay
National Monument.
The 1978 NPS ``Management Policies'' reiterated that ``[c]ommercial
fishing is permitted only where authorized by law.'' Furthermore, in
1978, the Department of the Interior directed FWS to convene an Ad Hoc
Fisheries Task Force to review NPS fisheries management. See 45 FR
12304 (February 25, 1980). The task force concluded that the extraction
of fish for commercial purposes was a nonconforming use of park
resources which should be phased out.
As already noted, in 1980, ANILCA redesignated Glacier Bay National
[[Page 18549]]
Monument to Glacier Bay National Park and Preserve, enlarged the area,
and designated wilderness that included marine waters within the park.
16 U.S.C. 410hh-1, 1132 note. ANILCA specifically authorized certain
park areas where commercial fishing and related activities could
continue, including the Dry Bay area of Glacier Bay National Preserve
but not any area of Glacier Bay National Park. Id. section 410hh-4.
The 1983 revision of the NPS general regulations, still applicable,
included a prohibition on commercial fishing throughout marine and
fresh waters within park areas systemwide, unless specifically
authorized by law. 48 FR 30252, 30283; 36 CFR 2.3(d)(4). The 1988
version of NPS ``Management Policies,'' still current, reiterates this
approach.
However, certain NPS documents during the 1980's suggested that
some commercial fishing would continue in Glacier Bay. For example, the
1980 and 1985 Glacier Bay whale protection regulations implicitly
acknowledged commercial fishing operations in Glacier Bay proper. 36
CFR 13.65(b). Also, the park's 1984 General Management Plan stated the
following:
Traditional commercial fishing practices will continue to be
allowed throughout most park and preserve waters. However, no new
(nontraditional) fishery will be allowed by the National Park
Service. Halibut and salmon fishing and crabbing will not be
prohibited by the Park Service.
Commercial fishing will be prohibited in wilderness waters in
accordance with ANILCA and the Wilderness Act.
The General Management Plan defined ``traditional commercial
fishing practices'' to include ``trolling, long lining and pot fishing
for crab, and seining (Excursion Inlet only) in park waters * * *.''
General Management Plan at 51. Finally, the 1988 Final Environmental
Impact Statement concerning wilderness recommendations for Glacier Bay
National Park referred to the continuation of commercial fishing in
nonwilderness park waters.
Events Leading to This Proposed Rulemaking
NPS regulations have prohibited commercial fishing in Glacier Bay
National Park (and the predecessor National Monument) since 1966, and
the Wilderness Act has prohibited commercial fishing in the wilderness
waters within Glacier Bay NP since 1980, yet commercial fishing
activities have continued in both wilderness and non-wilderness areas
of the park. Since 1990, there have been attempts to resolve this
situation through litigation, an earlier proposed rulemaking, and
proposed legislation.
In 1990, the Alaska Wildlife Alliance and American Wildlands filed
a lawsuit challenging the NPS's failure to bar commercial fishing
activities from Glacier Bay NP. Alaska Wildlife Alliance v. Jensen, No.
A90-0345-CV (D. Ak.). In 1994, the district court concluded that
``there is no statutory ban on commercial fishing in Glacier Bay
National Park provided, however, that commercial fishing is prohibited
in that portion of Glacier Bay National Park designated as wilderness
area.'' An appeal of the district court's ruling is currently pending
before the U.S. Court of Appeals for the Ninth Circuit. Alaska Wildlife
Alliance v. Brady, Nos. 95-25151 and 95-35188 (9th Cir.).
Close to the time that the plaintiffs in the above litigation
embarked on a judicial approach to resolution of the commercial fishing
issues, the State of Alaska's Citizens Advisory Commission on Federal
Areas hosted a series of public meetings in local communities to
discuss the issues. After participating in these meetings, the NPS
decided to draft a regulatory approach to resolving the issues.
NPS published its proposed rule on August 5, 1991 (56 FR 37262). In
essence, the proposed rule would have (a) clarified the prohibition on
commercial fishing in designated wilderness waters, and (b) exempted
commercial fishing in other park waters from the nationwide regulatory
prohibition for a ``phase out'' period of seven years. NPS held ten
public meetings on the proposed rule, received over 300 comments, and
prepared drafts of a final rule. At the State's request, however, the
Department of the Interior refrained from issuing a final rule in 1993,
and instead agreed to discuss with State and Congressional staff the
possibility of resolving the issues through a legislative approach.
In 1992, Congress had considered but not enacted proposed
legislation on commercial fishing in Glacier Bay NP. During the 1993-
1994 discussions about legislative and regulatory possibilities, the
participants enhanced their understanding of the facts, interests,
options, and potential obstacles relevant to any final solution.
Although the discussions did not lead to a legislative proposal, they
have influenced the Department of the Interior's approach to this
proposed rulemaking.
Between Fall 1995 and Spring 1996, officials from Glacier Bay NP
and the Alaska Department of Fish and Game co-hosted several meetings
in southeast Alaska involving selected ``stakeholders'' interested in
trying to resolve the commercial fishing controversy.
Meanwhile during 1995 and 1996, NPS revised its management of
vessels at Glacier Bay National Park through issuance of a plan and
regulations. See 61 FR 27008 (May 30, 1996). Although the vessel
management rule exempted commercial fishing vessels (engaged in fishing
and properly licensed) from entry limits established for other
motorized vessels, the rule's closure of certain designated park waters
to motorized uses created the potential to affect certain commercial
fishermen. See 36 CFR Sec. 13.65(b)(3)(vii). In response to comments in
that rulemaking, NPS noted its separate efforts to address the future
of commercial fishing in Glacier Bay NP. 61 FR at 27013, 27015 (May 30,
1996).
Proposed Action on Commercial Fishing
Circumstances are now ripe to go forward with this new proposed
rulemaking effort, taking advantage of the momentum toward a solution
described above. This action authorizes full public participation, and
will serve to facilitate constructive discussion, and to craft a
comprehensive resolution to the controversy before the 1998 summer
visitor season at Glacier Bay NP. Toward these ends, NPS is today
proposing a rule that is, indeed, a proposal which can serve to
structure the anticipated public discussion.
The district court's decision in Alaska Wildlife Alliance v.
Jensen, above, upholding the NPS's interpretation of the NPS Organic
Act and the Wilderness Act, demonstrates that rulemaking action is
necessary. A rulemaking action can determine what commercial fishing
activities are appropriate in Glacier Bay NP's waters consistent with
the park's conservation and other objectives established by statute and
proclamation. Indeed, the currently applicable regulatory prohibition
on commercial fishing activities in all Glacier Bay NP waters
necessitates a rulemaking to authorize any commercial fishing
activities in the nonwilderness waters, even for purposes of ``phasing
out'' the activities over a specified time.
NPS has several objectives for this rulemaking. First, NPS seeks to
ensure fulfillment of the ``fundamental'' statutory purpose of the
park, i.e., preservation of park resources and values, which in Glacier
Bay NP includes protecting the park's marine ecosystem. Second, NPS
seeks to provide for the visitors' enjoyment of these resources and
values and to minimize conflicts among visitors
[[Page 18550]]
pursuing different yet appropriate park experiences. Third, NPS seeks
to provide unique opportunities for scientific study that will benefit
the public and enhance resource management. Balancing these objectives,
NPS also seeks to act fairly toward individual commercial fishermen
with a history of participation in park fisheries, to recognize the
important cultural ties that the Hoonah Tlingit people have with
respect to Glacier Bay, and to develop an effective partnership with
the State of Alaska through the cooperative management program for
Glacier Bay NP fisheries.
The proposed rule described below differs from the rule that NPS
would have proposed even a few years ago. Several factors have
influenced the shape of today's proposed rule, including the passage of
many years with the continuation of unauthorized commercial fishing
prohibitions in Glacier Bay; potential socioeconomic harm from
approaches that would mandate immediate implementation of prohibitions
throughout park waters; related equitable considerations for certain
fishermen with an historical pattern of use in park waters; the
existence of an exciting research project already underway in Glacier
Bay proper that can piggyback this rulemaking to expand scientific
understanding of the fishery resources and natural processes to
everyone's benefit. As participants in the 1995-1996 Alaska-based
discussions may perceive, the proposed rule borrows in large measure
from the consensus building process in which they were engaged, but
provides notice and encourages comment from all interested parties in
formulating the optimal solution for Glacier Bay NP, a widely cherished
unit of the National Park System.
Overview of Proposed Rule
The proposed rule would prohibit all commercial fishing activities
in Glacier Bay proper consistent with existing NPS regulation and
policy. This prohibition would bar all such activities during the
primary visitor use season beginning in 1998. NPS would offer a 15 year
exemption from the prohibition outside the primary visitor use season,
however, to accommodate a phase out for fishermen who can demonstrate
historical reliance on a specific Glacier Bay fishery. Qualifying
criteria for this exemption would include verified participation in the
fishery during six of the last ten years. Subject to the availability
of funds for this purpose, NPS (or a third party) could offer to
purchase and retire the 15 year exemption permits from fishermen
willing to sell them.
With respect to designated wilderness waters in Glacier Bay NP,
commercial fishing activities must cease in these areas in compliance
with the language and intent of the Wilderness Act as recently
confirmed in Alaska Wildlife Alliance v. Jensen, above. However,
certain crab fishermen who have been part of the existing multi-agency
research project in the Beardslee Islands area may be authorized to
take crab in the locations specified by the research project for the
remaining five to seven years of the project subject to a special use
permit.
The proposed rule would generally authorize commercial fishing to
continue in the marine waters outside Glacier Bay proper (the ``outer
waters'') by exempting such fishing from the otherwise applicable
National Park System-wide prohibition on commercial fishing. This
exemption would be subject to re-examination to allow consideration of
new scientific and other relevant information at the end of 15 years.
The proposed rule would restrict commercial fishing activities in the
outer waters to well established fisheries and gear types. Commercial
fishing activities in the outer waters, as well as those in Glacier Bay
proper during the phase out period, would be governed by a cooperative
fisheries management plan developed with the State of Alaska and
implemented through the Alaska Board of Fisheries subject to the
Secretary of the Interior's authority to protect park resource values.
The Secretary, through NPS, would cooperatively ensure adherence to the
plan under the provisions of 36 CFR 2.3(a) and 13.21(b).
Although the proposed rule as drafted does not contain a provision
requiring additional limitations on, or a phase out of, commercial
fishing in certain bays in the outer waters, NPS seeks comments on the
inclusion of such protections in special cases, particularly for Lituya
Bay on the Outer Coast and Dundas Bay in Icy Strait. These bays are
rich in biological resources and scenic beauty, and offer exceptional
opportunities for park visitors.
Glacier Bay
This proposed rule would prohibit commercial fishing in the
nonwilderness waters of Glacier Bay proper, but would provide a
seasonal exemption from that prohibition for 15 years for fishermen who
demonstrate a reasonable history of participation in a specific Glacier
Bay fishery.
Commercial Fishing Prohibition
The proposed rule would end commercial fishing in Glacier Bay
proper within 15 years. This action would bring Glacier Bay into
conformance not only with the general policy and rule applicable to
units of the National Park System, but also with the particular
objectives underlying the establishment of Glacier Bay National Park
and its predecessor Glacier Bay National Monument. The value of Glacier
Bay as a protected marine ecosystem, rich in biological resources and
special in its dynamic interactions with glacial and terrestrial
systems, has never been higher. Protected marine ecosystems are scarce
commodities. Examples of overfishing and overuse of marine waters have
become increasingly common. The commercial fishing ban in Glacier Bay
will enhance the protection of the park's ecological resources, while
also reducing a variety of use conflicts with visitors seeking the
kinds of recreational and inspirational experiences intended to be
provided by national parks.
Limited Exemption From Prohibition
The proposed rule would offer a limited exemption from the
prohibition on commercial fishing in Glacier Bay proper for purposes of
equitably phasing out the activities of fishermen who have developed an
historical reliance on a specific affected fishery. The key terms of
this limited exemption include the following:
(a) Fifteen Years. The exemption, and all commercial fishing in
Glacier Bay proper, would terminate in 15 years. This period of time
should allow fishermen reasonable opportunity, where necessary, to
adjust their fishing activities to areas outside Glacier Bay proper,
amortize their current investment in fishing vessels and gear, or in
many cases, continue fishing until retirement. In the 1991 proposed
rule, NPS offered a seven year exemption to phase out commercial
fishing in Glacier Bay NP, and the Department of the Interior
recommended a three to five year phase out of Glacier Bay proper during
the 1993-1994 discussions. The 15-year phase out proposed in this rule
responds to comments made by fishermen concerning the perceived
inadequacy of the seven year phase out proposed in the 1991 NPS
proposed rule. It also reflects a position that was emerging in the
1995-1996 Alaska-based discussions. NPS welcomes comment on the
appropriate length of the exemption period.
(b). Outside the Primary Visitor Use Season. The exemption would be
[[Page 18551]]
available throughout the 15 years only from October 1 to April 30,
i.e., outside the primary visitor use season in Glacier Bay proper.
Accordingly, beginning on May 1, 1998, commercial fishing would be
prohibited in Glacier Bay NP during the primary visitor season, May 1
through September 30, to achieve substantial reduction in resource
impacts and visitor use conflicts. NPS believes that the fishermen who
would likely be eligible to qualify for the exemption in Glacier Bay
proper (see criteria below) would generally be able to adjust their
fishing to the October through April time frame during the 15-year
phase out.
Glacier Bay National Park is truly a world-class park, with
spectacular resources and a rich cultural history. The park is one of
Alaska's premier visitor attractions, contributing significantly to the
tourism economy of local communities and Southeast Alaska. Park
visitation has doubled within the past ten years to over 300,000
visitors in 1996, a reflection of increasing visitor interest in the
park and Alaska. Visitor use, formerly concentrated in a few short
summer months, now encompasses an expanding visitor use season
stretching from April through September.
Commercial fishing vessels are currently the only motorized vessels
that are not expressly subject to entry limits and certain other
restrictions in Glacier Bay proper. Since NPS vessel regulations were
published for Glacier Bay in 1985 (50 FR 19886), the number of
motorized vessels allowed in Glacier Bay during the summer months,
including cruise ships, tour boats, charter vessels, and private boats,
has been closely regulated. The park's recently completed Vessel
Management Plan (1996) further refined the management of vessel traffic
within Glacier Bay, provided increased opportunities for visitor
access, enhanced protection of park resources (e.g., marine mammals and
sea birds), and facilitated a range of high quality recreational
opportunities for park visitors. All motorized vessels, with the sole
exception of commercial fishing vessels, have been limited to daily and
seasonal entry caps. Park regulations have also exempted commercial
fishing vessels from certain vessel maneuvering requirements designed
to minimize disturbance of endangered humpback whales within Glacier
Bay. In these respects, unauthorized and unregulated commercial fishing
vessel activity within Glacier Bay during the summer visitor use season
has been inconsistent with NPS vessel regulations designed to protect
park resources, provide for equitable public use of the park, and
enhance the quality of the visitor experience at Glacier Bay.
This visitor use season prohibition on commercial fishing
activities would minimize conflicts with other visitor activities,
including competition for--and, in some cases, gear conflicts within--
limited anchorages. Commercial fishing in Glacier Bay proper has
disturbed visitors seeking opportunities to experience nature, quiet,
solitude, or an escape from the indicia of modern civilization. This
visitor use season prohibition would also reduce the effect of
unlimited numbers of commercial fishing vessels on sensitive park
resources, and would improve the background conditions for critical
studies required by the Vessel Management Plan.
The visitor use season closure of Glacier Bay to commercial fishing
would almost exclusively affect Dungeness crab (June 15--August 15) and
halibut fisheries (March 15--November 15) under current State and
International Pacific Halibut Commission (IPHC) regulations. However,
federal and State fisheries regulations do permit fishing opportunities
for halibut and Dungeness crab during the October 1--April 30 exemption
period. Halibut, for example, would still be available for harvest in
Glacier Bay for three months under this proposed rule (March 15--April
30, and October 1--November 15); Dungeness crab for two months (October
1--November 30). Halibut fishermen, in particular, would have ample
opportunity to fish outside Glacier Bay during the proposed May 1--
September 30 prohibition period. Under the IPHC management system,
fishermen have eight months to fish within a large management area (of
which Glacier Bay is but a portion) to catch their allotted Individual
Fishing Quota (IFQ), i.e., pounds of halibut that may be harvested each
year. Very little trolling activity for salmon occurs in Glacier Bay
during the summer months under current fishing practices and State
regulations, and the proposed visitor use season prohibition would be
expected to have minimal impact on the activities of troll fishermen.
Although the proposed rule would bracket the visitor use season
from May 1 through September 30, NPS solicits comments on the use of a
different visitor use season during which all commercial fishing in
Glacier Bay proper would be prohibited beginning in 1998. In previous
comments and discussions, fishermen have suggested a shorter season
(June 1 though August 31), and others have suggested a ``middle''
position of May 15 through September 15.
(c) Grandfathered (i.e., Qualifying) Fishermen. The fifteen year
exemption would be available to individual owners of valid fishing
permits who can demonstrate a history of consistent participation in
the specific Glacier Bay fishery for which an exemption is sought. The
primary criteria would be documented participation in a given fishery
in Glacier Bay proper for at least six of the last ten years (1987-
1996), as supported by an affidavit, verified by a minimum number of
reported landings from within Glacier Bay each of the six years, and
perhaps corroborated by other supporting information. The minimum
number of landings required would vary by fishery. For halibut, salmon,
and tanner crab, the minimum number of landings in each qualifying year
would be one. Ten landings of Dungeness crab would be required in each
qualifying year. With these criteria, NPS would hope to identify those
fishermen with a consistent (not intermittent or long past) reliance on
a Glacier Bay fishery. NPS would also seek the assistance of the State
of Alaska, the International Pacific Halibut Commission, and other
knowledgeable sources in identifying valid permit owners who meet the
historical reliance criteria.
NPS would require those fishermen qualifying for the exemption from
the commercial fishing prohibition in Glacier Bay proper to obtain a
non-transferable (except for purposes of permit retirement) special use
permit from the Superintendent of Glacier Bay NP within two years
following the effective date of a final rule. The existing procedures
governing permit applications for activities in Alaska national park
areas would apply. See 36 CFR Sec. 13.31. Commercial fishing in Glacier
Bay proper without an NPS special use permit would be prohibited during
the 15-year exemption period. At the end of the 15-year exemption, all
special use permits would expire and all commercial fishing within
Glacier Bay proper would cease.
NPS welcomes comment on the proposed ``grandfathering'' criteria
and process.
(d). Exempted fisheries and gear types. Commercial fisheries
eligible for the 15-year exemption in Glacier Bay proper would include
trolling for salmon, long lining for halibut, and pot or ring net
fishing for Dungeness and tanner crab. These are the fisheries that
have consistently occurred within Glacier Bay for decades. All other
fisheries and gear types would be prohibited. Since 1985, NPS
regulations
[[Page 18552]]
have expressly prohibited commercial fishing for shrimp, herring and
whale prey species, and trawling in Glacier Bay. The exempted fisheries
would be governed under a cooperative fisheries management plan
developed by NPS and the State consistent with federal and non-
conflicting State regulations. The plan would be implemented through
the Alaska Board of Fisheries, with the Secretary retaining the
authority to protect park purposes and values under applicable law.
(e). Safe Harborage. Nothing in this proposed rulemaking, or
existing NPS regulations, would affect the ability of fishermen or
other vessel operators to seek safe harbor within Glacier Bay under
hazardous weather or sea conditions, when experiencing mechanical
problems, or in other exigent circumstances.
(f). Opportunity for ``Buy Out.'' Commercial fishermen who qualify
for and obtain a special use permit for the 15-year exemption as
outlined above might be willing to sell the permit to the NPS or a
third party for the sole purpose of retiring the permit. Subject to the
availability of funds for this purpose, NPS might be willing to buy
these permits, especially early in the 15-year exemption period, to
enable and encourage the fishermen who wish to pursue alternatives to
fishing in Glacier Bay proper. Any such ``buy out'' would require, at a
minimum, a willing seller, a willing buyer, and available funds.
Wilderness
This rulemaking reflects the Wilderness Act's statutory prohibition
on commercial fishing within designated wilderness. Within Glacier Bay
National Park, the wilderness waters of Dundas Bay, Rendu Inlet, Adams
Inlet, the Hugh Miller Inlet complex, and the Beardslee Islands would
continue to be closed to commercial fishing, a commercial enterprise
incompatible with the requirements of the Wilderness Act of 1964.
Outer Waters
Exemption from current NPS prohibition on commercial fishing
This proposed rule would provide an exemption from the existing
regulatory prohibition on commercial fishing in the nonwilderness
waters of the Park located outside Glacier Bay proper. Authorized
fisheries would be allowed to continue under a cooperative fisheries
management plan developed by the NPS and State of Alaska and
implemented through the Alaska Board of Fisheries. The NPS recognizes
the fisheries management expertise of the Board of Fisheries, and would
like to incorporate the use of this established regulatory and public
involvement process familiar to the fishing community. NPS management
objectives for the outer waters would be incorporated within this plan
and include limits on the significant expansion of ongoing fisheries;
protection of resident and sensitive fish species, including salmonid
populations that spawn within the park; protection of other park
wildlife and resources; and, minimization of conflicts with visitor
use. A cooperative fisheries management plan would be regularly
reviewed and evaluated with respect to achievement of State and NPS
management objectives, and modified as necessary. Where NPS management
objectives are not met under cooperative State/federal management, the
Secretary could move to close or modify ongoing fisheries to protect
park purposes and values following appropriate procedures, including
notice and hearing in the local area. Continued cooperative management
would be reevaluated at the end of 15 years.
The proposed fifteen year exemption from the existing prohibition
on commercial fishing in national park waters, with a re-examinaton of
scientific and other information at that time, differs in significant
respects from the seven-year exemption proposed by NPS in 1991, which
would have presumptively closed park waters to commercial fishing at
the end of the seven year exemption. This proposed rule responds to
concerns from the fishing community and State regarding the long-term
viability and importance of fisheries in the outer waters, particularly
the troll fishery for salmon, which--according to comments received on
the 1991 proposed rule--is of special importance and concern. NPS
invites comment on the duration and terms of the proposed exemption for
the ``outer waters.''
Gear Types
Fisheries authorized under this proposed rule would be delineated
in the cooperative management plan, and would be limited to those
species and gear types that have historically occurred and have
provided commercially viable fisheries. New fisheries and gear types,
or the expansion into the park of relatively new fisheries developing
in Southeast Alaska (e.g., sea urchins, sea cucumbers) and other
species not previously fished in the park, would be precluded. Gear
types would be limited to those that have been historically prevalent
in the outer waters: troll, long line, pots and ring nets, and purse
seine (Excursion Inlet only).
Lituya and Dundas Bays
Two bays in outer waters merit special consideration: Lituya Bay on
the Outer Coast and Dundas Bay in Icy Strait. These bays are arguably
unique among outside waters. Both are geologically, culturally, and
historically rich. Both provide sheltered habitat for marine life as
well as outstanding opportunities for recreation. NPS specifically
solicits public comment on whether these two special bays should be
afforded additional protection through limitations on commercial
fishing, including the possibility of a phase-out similar in approach
to that proposed for Glacier Bay proper.
Safe Harborage
This proposed rule would not affect the use of protected bays along
the park's outer waters for safe harborage. Safe harborage has always
been allowed and will be continued for any vessel.
Research
The continued closure of certain areas of Glacier Bay National Park
to commercial fishing as contemplated under this proposed rule presents
unique and extremely valuable opportunities for science. The
opportunity to pursue scientific endeavors about natural resources and
processes was a primary reason Glacier Bay was established as a
national monument in 1925. Indeed, Glacier Bay National Park has a
distinguished scientific history.
NPS intends to work closely with the State, the scientific
community, other fisheries, protected area managers, and the public to
evaluate opportunities for carefully considered and designed
cooperative studies presented by the proposal under consideration. A
cooperative State and NPS fisheries management plan would, in part,
identify cooperative research needs and opportunities that can benefit
conservation of resources in the Park, and contribute toward models for
sustainable fisheries and economies throughout Alaska and elsewhere.
Dungeness Crab Study
The ongoing MADS (Multi-Agency Dungeness Studies) is a cooperative
project initiated in 1992 by the National Marine Fisheries Service,
University of Alaska, Fairbanks, and the Biological Resources Division
(BRD) of the U. S. Geological Service (USGS) (formerly National
Biological Service). Phase I of the MADS study gathered data
[[Page 18553]]
characterizing the size and structure of the Dungeness crab population
at selected sites in Glacier Bay. Phase II of the study (five to seven
years) requires both closed and open fishing areas for Dungeness crab
within the Beardslee Islands study area, including Bartlett Cove;
population parameters in the fished sites will be compared to sites
closed to fishing. The information established by this study will
provide an invaluable baseline for monitoring these areas with
different fishing histories over time.
NPS had previously determined that the aspect of this scientific
research that requires limited harvesting within the Beardslee Island
wilderness comports with the restrictive criteria applicable to
approving scientific research in a wilderness area, including the
following: the project is of minimal impact and duration, its
information is likely to be of great value for resource protection and
protected area management purposes, and alternative locations are not
available. Controlled experiments testing the impact of human
exploitation on the population structure of harvested marine species
are rare. Typically, areas that have been fished in the past are not
available to study as ``unfished'' areas until the fishery has
``crashed,'' i.e., been depleted. Comparison of the crab population
structure in fished and non-fished areas in Glacier Bay NP during this
transitional period will markedly enhance the information base
available to NPS managers in evaluating the relationship between
fishing activities and the protection of park/wilderness resources, and
will also be valuable in quantifying the recovery of wilderness waters
to an unexploited state. Furthermore, such information should prove
valuable to all agencies involved in fisheries management in Alaska and
elsewhere.
A small number of fishermen with an extensive knowledge of the
Beardslee Islands Dungeness fishery may be authorized to participate in
the study under a ``research project'' special use permit from the NPS.
For the stability of the study and principles of equitable selection,
participation in the study would be limited to those fishermen who meet
the criteria for fishing in Glacier Bay during the fifteen year
exemptive period, and have a personal history of Dungeness crab fishing
within the Beardslee Islands. Additional criteria may be considered if
the number of eligible participants exceeds study needs. Fishing
activities during the study would continue consistent with applicable
State regulations, including the summer Dungeness fishery, currently
June 15--August 15. The participation in this research project does not
preclude the fishermen from qualifying separately to fish in
nonwilderness waters outside the study area.
The proposed rule would close Bartlett Cove (defined as that area
of the cove enclosed by a line drawn between Halibut and Lester Points)
and a portion of the Beardslee Island waters to all fishing for
Dungeness crab (including sport and personal use) for the purposes and
duration of study through December 31, 2002. Maps and charts would be
available from the Superintendent delineating the closure area. The
closure would not affect fishing opportunities for other species, as
otherwise allowed under federal and non-conflicting State regulations.
Halibut Study Proposal
The NPS is specifically seeking public comment at this time on a
halibut study that would measure the effects of commercial harvest on
halibut in Glacier Bay proper. Since 1992, research on Pacific halibut
in Glacier Bay has concentrated on the many unanswered questions about
the basic life history and ecological relationships of the species. New
knowledge about the behavior of halibut, including their use of small
home ranges, site fidelity, and the retention of reproductive
individuals in Glacier Bay throughout the year, combined with the
species' slow maturation and highly age-dependent reproduction,
indicates that halibut have a high potential to experience local
depletion through fishing. Thus, this species is a good candidate for
additional protection and for examining the effects of commercial
fishing by comparing open and closed areas. Through experimental
closures, an understanding can be gained of the effects of fishing on
halibut population size and structure, as well as any cascade effects
on prey species.
The halibut study would require the closure of Glacier Bay above
Strawberry Island within the next few years, and would compare catch
per unit effort and size structure of the halibut in the closed area to
a similar study site in Icy Strait where commercial halibut fishing
would continue. Although this experimental closure, as proposed for
review and comment, would substantially reduce the area available
within Glacier Bay for commercial halibut fishing during the 15-year
exemption period, it would not be expected to have an equivalent impact
on harvest. Available harvest data indicates a majority (> 50%) of
halibut harvested in Glacier Bay are taken from the area of Glacier Bay
which would remain open to fishing under this study proposal.
Available biological data correlates with the harvest data,
indicating highest numbers of halibut in the lower reaches of Glacier
Bay and very few in the upper reaches. Under this study proposal,
fishermen would continue to have access to the most productive area in
Glacier Bay to harvest their IFQ shares of halibut.
The halibut study outlined above would allow fisheries managers an
unparalleled opportunity to measure the effects of commercial fishing
on halibut. This information is extremely important to the management
and protection of halibut fisheries in and out of the Park, and serves
to illustrate the potential benefits Glacier Bay National Park holds
for science and the long-term conservation of fisheries resources.
Hoonah Tlingit Cultural Fishery
NPS and the Hoonah Indian Association (HIA), a federally recognized
tribal entity, signed a Memorandum of Understanding in 1996, committing
to work cooperatively to protect the cultural heritage of the Hoonah
Tlingit, explore ways to recognize and honor the Tlingit's cultural
connection to Glacier Bay, and allow for--and preserve--cultural
activities compatible with park objectives. Toward that end, NPS will
work with HIA to develop a cultural fishery program designed to
preserve and pass on traditional native fishing methods. The State of
Alaska's educational fishery program may serve as a vehicle for
developing such a program.
Pending Environmental Assessment: Alternatives under Consideration
A forthcoming Environmental Assessment on commercial fishing within
Glacier Bay National Park will more fully describe and analyze the
potential effects of a range of alternative actions under consideration
by the NPS. Brief descriptions of the draft alternatives under
consideration follow and are offered to solicit preliminary public
review and comment. A public review and comment period will be provided
for the Environmental Assessment and the proposed rule together. NPS
will hold public meetings on the proposal and the alternatives and
publish a schedule of times, dates and locations in the Federal
Register. NPS has not made any final decisions regarding any proposals
described herein. No final decisions will be reached until all
applicable legal
[[Page 18554]]
requirements have been met, including environmental review
requirements.
Alternative A (No Action)
This alternative would leave in place the current regulations
prohibiting commercial fishing activities within Glacier Bay National
Park. Enforcement of the regulation would result in the cessation of
all commercial fisheries in Park waters. NPS would explore possible
mitigation mechanisms for affected fishermen. In addition, the NPS, in
cooperation with the State of Alaska, the Biological Research Division,
and other research entities, would explore opportunities to facilitate
fishery research. This alternative would not require regulatory or
legislative action.
Alternative B
This alternative would provide short-term, year round commercial
fishing opportunities through a five-year exemption from the existing
NPS regulatory prohibition on commercial fishing in Glacier Bay proper
and a longer, fifteen year exemption in waters of the Park located
outside Glacier Bay. The statutory prohibition on commercial fishing in
designated wilderness areas would be reflected in the regulations.
Fishing may be continued in specific locations in the Beardslee Islands
as part of an ongoing scientific study of Dungeness crabs for a period
of five years.
The five-year exemption in Glacier Bay would be available only to
individual fishing vessel/permit owners who can demonstrate a history
of consistent participation in each specific Glacier Bay fishery. The
primary criteria would be documented participation in a given fishery
for at least six of the last ten years (1987-1996), as verified by a
minimum number of reported Glacier Bay fish landings and ownership of
the appropriate fisheries permit(s), effective 1996. Fishermen not
meeting criteria demonstrating consistent participation in fisheries,
who have used the Bay only intermittently or in recent years, would not
be allowed to fish in Glacier Bay.
Fisheries located outside Glacier Bay proper would be allowed to
continue under a cooperative fisheries management plan developed with
the State of Alaska and implemented through the Alaska Board of
Fisheries for 15 years. During the 15-year period studies and research
regarding the relationship of commercial fishing uses to park resources
and values would be conducted. If data from such studies indicate that
certain levels and/or types of commercial fishing can compatibly
coexist with conserving park resources in an unimpaired state, then the
NPS may allow closely monitored commercial fisheries at prescribed
levels after the 15-year period.
Alternative C (Proposed Action)
Alternative C would allow continued fishing in the Park's marine
waters outside Glacier Bay proper, subject to achievement of NPS
management objectives as would be defined in a cooperative management
plan developed with the State. The regulations will reflect the
statutory prohibition against commercial fishing in designated
wilderness waters. Fishermen with a consistent history of participation
would continue to fish within Glacier Bay for halibut, Dungeness and
tanner crab, and salmon during a 15-year exemption period. Glacier Bay
would close to commercial fishing during the visitor use season, May
1--September 30, to minimize conflicts with visitor use and Vessel
Management Plan objectives. A research study on Dungeness crab would
occur in the Beardslee Islands requiring closure of part of the
Beardslee Islands, and Bartlett Cove, to all Dungeness crab fishing for
a five-year study period; an additional research opportunity for
halibut is suggested for public comment.
Alternative D (Continued Fishing)
Alternative D would allow continued fisheries harvest at the
highest possible level while protecting park resources. This
alternative, to the extent possible, would seek to allow local
individuals to continue a traditional fishing lifestyle, promote and
sustain fishing culture and maintain the economic viability of small
business interests in Glacier Bay National Park and adjacent
communities. With the exception of some fisheries, most would be
authorized to continue throughout Glacier Bay National Park. This
alternative would prohibit fisheries for those species vulnerable to
over harvest (i.e., all king crab species, all rockfish species and
ling cod), fisheries causing unacceptable habitat degradation (i.e.,
weathervane scallop dredge fishery), and trawling. The statutory
prohibition on commercial fishing in Wilderness would be reflected in
the regulations. This alternative would require a fisheries research
and management program to obtain new information and assemble existing
fisheries data for periodic evaluation regarding continued viability of
fisheries. Periodic review would be accomplished by the NPS in
consultation with appropriate fisheries management agencies.
Alternative D would also require regulatory action to authorize
commercial fisheries in park waters.
Section-by-Section Analysis
Paragraph (a)(1) would provide an exception, for the non-wilderness
marine waters of Glacier Bay National Park, from the general NPS
prohibition on commercial fishing; subparagraph (i) clarifies that
wilderness waters remain statutorily closed.
Subparagraph (ii)(A) would require an NPS issued permit to conduct
commercial fishing activities in Glacier Bay proper; (ii)(B) would
establish eligibility and application requirements for commercial
fishing in the Bay; (ii)(C) would establish an October 1 through April
30, non-renewable 15-year exemption period for commercial fishing in
the Bay; commercial species and methods of take that would be allowed
within the Bay are proposed in (ii)(D).
Subparagraph (iii)(A)-(B) would authorize the existing, prevalent
commercial fishing operations in the other marine waters of the Park
for a period of 15 years under a cooperative Federal/State management
plan; (iii)(C) would require reexamination of continued commercial
fishing under the cooperative agreement, based on the best scientific
information and in consideration of park values and purposes, in the
outer waters of the park at the end of the 15-year period.
Paragraph (a)(2) prohibits fishing for Dungeness crab within
Beardslee Island study area, including Bartlett Cove, until December
31, 2002, except as authorized by a research permit. This will allow
NPS/USGS BRD to complete the Multi-Agency Dungeness Studies initiated
in 1992 by National Marine Fisheries Service and the University of
Alaska, Fairbanks. The closure would not effect fishing opportunities
for other species.
Paragraphs (b)(5)--(6) that prohibit both commercial harvest of
species identified as whale prey and methods that remove these species
are proposed to be withdrawn and reserved; paragraph (a)(1)(ii)(D)
would replace them.
Drafting Information: The primary authors of this rule are Molly N.
Ross, Office of the Assistant Secretary for Fish and Wildlife and
Parks, Department of the Interior, Washington, D.C., Randy L. King,
Chief Ranger, Glacier Bay National Park and Preserve, and Russel J.
Wilson, Alaska Desk Officer, National Park Service, Washington, D.C.
Other contributing National Park Service employees include: John W.
Hiscock, Marvin Jensen, Mary Beth Moss, and Chad Soiseth.
[[Page 18555]]
Public Participation
It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding this proposed rule to the address noted at the
beginning of this rulemaking. The NPS will review all comments and
consider making changes to the rule based upon a thorough analysis of
the comments. NPS will schedule and provide specific notice of public
meetings and discussion sessions in various locations during the
comment period.
Paperwork Reduction Act
The collection of information contained in section 13.65
(a)(1)(ii)(B) this rule is for the purpose of issuing a permit to allow
a continuation of commercial fishing in Glacier Bay National Park based
upon historical justification. The information collected will be used
to determine who qualifies for the issuance of a permit. The obligation
to respond is required to obtain a permit.
Specifically, the NPS needs the following information to issue a
permit:
(1) Applicants name, address and date of birth.
(2) Vessel name, registration, ADF&G license numbers and
description.
(3) Alaska Limited Entry/Interim Use Permit Card Number.
(4) Halibut Commission license number.
(5) Fishery description/gear type.
(6) Documented fish landings (1987-1996).
NPS has submitted the necessary documentation to the Office of
Management and Budget under 44 U.S.C. 3501, et seq., requesting
approval for the collection of this information for all areas covered
by this rule. A document will be published in the Federal Register
establishing an effective date for Sec. 13.65(a)(1)(ii)(B) when that
approval is received from OMB.
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, D.C. 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, D.C. 20503.
Compliance With Other Laws
This rule was reviewed by the Office of Management and Budget under
Executive Order 12866. The Department of the Interior determined that
the proposed rule is not major.
The Department of the Interior determined that this proposed rule
will not have a significant economic effect on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq). The revision mainly clarifies previously existing statutory and
regulatory prohibitions. The expected redistribution of commercial
fishing efforts to areas outside of the park is not expected to
significantly effect a substantial number of small businessmen.
The NPS has determined and certifies pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this proposed rule
will not impose a cost of $100 million or more in any given year on
local, State, or tribal governments or private entities.
Pursuant to the National Environmental Policy Act, 42 U.S.C. 4332,
NPS is preparing an environmental assessment (EA) on the proposed
action and alternatives that are outlined in this rule. The Service
will complete the EA and publish a notice of availability in the
Federal Register during the comment period provided for in this rule so
that interested parties can comment contemporaneously on both
documents.
List of Subjects in 36 CFR Part 13
Alaska, National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, NPS proposes to amend 36 CFR
part 13 as follows:
PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA
1. The authority citation for Part 13 continues 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.
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) Fishing.--(1) Commercial fishing. During the time frames that
follow, specified commercial fisheries in listed salt waters of Glacier
Bay National Park are exempt from the commercial fishing prohibition
contained in this chapter:
(i) Commercial fishing and associated buying and processing
operations within designated wilderness areas are prohibited. Maps and
charts showing designated wilderness areas are available from the
Superintendent.
(ii) Glacier Bay. (A) A non-transferable special use permit issued
by the Superintendent is required to conduct commercial fishing within
Glacier Bay during the exemptive period. Commercial fishing without a
special use permit is prohibited.
(B) Eligibility requirements to obtain a special use permit for
each fishery include a current, valid State and/or federal commercial
fishing permit(s) for Glacier Bay waters; participation in the fishery
within Glacier Bay a minimum of six years during the period 1987-1996,
as verified by affidavit and documentation of at least one landing in
each year from Glacier Bay for halibut, salmon, or tanner crab; for
Dungeness crab, ten landings are required in each of the six qualifying
years. Application for a special use permit must be made within two
years from [effective date of the final regulation].
(C) October 1 through April 30, commercial fishing and associated
buying and processing operations are authorized in all non-wilderness
waters of Glacier Bay north of a line from Point Carolus to Point
Gustavus for a period of 15 years from the effective date of this
regulation. At the end of the exemptive periods, all commercial fishing
and associated buying and processing operations shall end, and the
prohibition contained in this chapter shall apply.
(D) Commercial fishing for other than the following species, or by
other than the following methods is prohibited: trolling for salmon,
long lining for halibut, pot or ring net fishing for Dungeness and
tanner crab.
(iii) Outer waters. (A) Commercial fishing and associated buying
and processing operations are authorized in all marine waters within
park boundaries not listed in paragraph (a)(1)(ii)(B) of this section,
pursuant to a cooperative federal and State of Alaska management plan
for a period of 15 years from [effective date of the final regulation].
(B) Commercial fishing by other than the following methods is
prohibited: trolling, long lining, pot and ring net
[[Page 18556]]
fishing for Dungeness and tanner crab, and purse seining in Excursion
Inlet.
(C) At the end of the 15-year exemptive period, the Secretary will
reexamine and reevaluate continued commercial fishing in the outer
waters, based on the best available scientific information and in
consideration of park values and purposes.
(2) Fishing for Dungeness crab within the Beardslee Island study
area, including the area enclosed within Bartlett Cove by an imaginary
line drawn between Lester and Halibut Points, is prohibited until
December 31, 2002, except as authorized by a NPS research permit. Maps
and charts showing the Beardslee Island study area are available from
the Superintendent.
(b) * * *
(5) [Reserved]
(6) [Reserved]
* * * * *
Dated: February 13, 1997.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-9800 Filed 4-15-97; 8:45 am]
BILLING CODE 4310-70-P
