[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Proposed Rules]
[Pages 29523-29532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13616]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 13
RIN 1024-AC05
Glacier Bay National Park, Alaska: Vessel Management Plan
Regulations
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) has reevaluated the current
vessel regulations for Glacier Bay National Park and Preserve and is
proposing to revise the regulations, including vessel quotas, that were
established to protect the endangered humpback whale and other
resources Glacier Bay National Park and Preserve manages. These
regulations are being proposed after an [[Page 29524]] Endangered
Species Act, Section 7, consultation with the National Marine Fisheries
Service (NMFS), and are consistent with the 1993 Biological Opinion
issued by that agency. The regulations are drafted to track the
proposed action (Alternative Five) from the six-alternative Vessel
Management Plan and Environmental Assessment prepared by the NPS. The
proposed regulations contemplate an increase in cruise ship use, to be
offset by specific mitigation measures. The regulations would authorize
a 72 percent seasonal increase in cruise ship traffic during the months
of June, July, and August. However, there would be no increase in the
maximum number of cruise ships permitted to use the bay on any given
day (two). Rather, the increased traffic will be absorbed, for the most
part, by authorizing more cruise ship entries in early and late summer.
The NPS also solicits comment on the possibility of modest increases in
seasonal use by charter and private vessels. The proposed regulations
would also extend and codify park compendium vessel regulations that
were developed, under the authority of the existing regulations, for
the protection of humpback whales, Steller sea lions, and other
wildlife and resource values within the park. Additional measures are
also proposed to mitigate natural resource impacts associated with the
proposed increase in vessel traffic. Finally, to provide park visitors
a range of recreational opportunities and to maintain opportunities for
the safe use of kayaks, the proposed regulations would close the upper
Muir Inlet to motor vessels on a seasonal basis.
DATES: Written comments, suggestions, or objections will be accepted
until August 4, 1995. Hearing dates and locations are listed under
Supplementary Information, below.
ADDRESSES: Comments should be addressed to: Superintendent, Proposed
Regulations Comment, Glacier Bay National Park and Preserve, P.O. Box
140, Gustavus, Alaska 99826.
FOR FURTHER INFORMATION CONTACT:
J.M. Brady, Superintendent, Glacier Bay National Park and Preserve,
P.O. Box 140, Gustavus, Alaska 99826, Telephone: (907) 697-2230.
SUPPLEMENTARY INFORMATION:
Public Hearings
Open houses and hearings are scheduled for the following dates and
locations:
June 19--Gustavus, School Gym, Open House (6:30 to 8 p.m.) & Hearing (8
p.m.)
June 20--Juneau, Centennial Hall, Open house (2 to 4 p.m.) & Hearing (8
p.m.)
June 21--Hoonah, Open house (6:30 to 8 p.m.) & Hearing (8 p.m.)
June 22--Elfin Cove, Community Bld., Open House (6:30 to 8 p.m.) &
Hearing (8 p.m.)
June 23--Pelican, Community Hall, Open House (6:30 to 8 p.m.) & Hearing
(8 p.m.)
July 11--Anchorage, NPS Regional Office, 2525 Gambell St., Hearing (7
p.m.)
Background
Glacier Bay National Monument was established by presidential
proclamation dated February 26, 1925 (43 Stat. 1988). The monument was
established to protect the dynamically changing glacial environment of
mountains, tidewater glaciers, associated movements and development of
flora and fauna, and to promote the scientific study of such. 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 the marine waters 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 in the south and Sea Otter Creek,
north of Cape Fairweather. The inclusion of marine waters within the
boundaries of the monument and present-day park presents unique
opportunities for the study and preservation of marine flora and fauna
in an unimpaired state.
Glacier Bay National Monument was redesignated as Glacier Bay
National Park in 1980 by the Alaska National Interest Lands
Conservation Act (ANILCA). The new park included all lands and waters
of the previously existing monument, plus additional land areas. 94
Stat. 2382. The legislative history of ANILCA provides 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.'' Sen. Rep. No. 96-413, 96th
Cong., 1st Sess. 137 (1979); and, Cong. Rec. H 10532 (Nov. 12, 1980).
The original monument proclamations and the NPS Organic Act and its
amendments governed the management of the former Glacier Bay National
Monument and govern the present Glacier Bay National Park and Preserve.
The NPS Organic Act of 1916 directs the Secretary of the Interior and
the NPS 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.'' 16 U.S.C. Sec. 1. In addition, the Redwood National Park
Act of 1978 states: ``The 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.'' 92 Stat. 166, 16 U.S.C. Sec. 1a-1.
The NPS Organic Act also grants the Secretary of the Interior the
authority 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.'' 16
U.S.C. 3. In addition to general regulatory authority, the NPS has been
delegated specific authority to ``[p]romulgate 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 * * *.'' 16 U.S.C.
Sec. 1a-2(h).
Vessel Management
The NPS first published vessel traffic regulations for Glacier Bay,
a marine body of water in Glacier Bay National Park, in 1980. Those
regulations, that were published in two parts, were promulgated in
response to a NMFS Biological Opinion issued pursuant to Section 7 of
the Endangered Species Act. The NPS requested a formal consultation
with NMFS in 1979, when for the second consecutive year, the number of
endangered humpback whales that used the bay for summer feeding
remained significantly below historical levels. NMFS concluded that the
increase in vessel traffic, especially erratically traveling craft, may
have altered the humpback's behavior and that restriction and
regulation of vessel traffic were necessary to protect the humpback
whales. [[Page 29525]]
One portion of the ensuing regulations limited the number of cruise
ships that entered Glacier Bay to two per day and not more than a total
of 89 cruise ship entries during the months when whales feed in the bay
(June 1 through August 31). The regulations also imposed speed and
routing restrictions on all motor vessels and restricted vessels from
remaining closer than one-quarter nautical mile from a whale, or
otherwise pursuing or attempting to pursue a whale. 45 FR 32228 (May
15, 1980).
The second portion of regulations limited small vessel entries into
Glacier Bay to 1976 levels for charter vessels and allocated 339
entries for private vessels from June 1 through August 31. 45 FR 32234
(May 15, 1980); 45 FR 85471 (December 30, 1980); and 46 FR 50370
(October 13, 1981).
The NPS intended the two sets of regulations to be temporary, until
more conclusive research could be completed and NMFS could again be
consulted. Pending completion of this process, the NPS extended the
regulations until August 31, 1983. 48 FR 21947 (May 16, 1983).
On June 22, 1983, NMFS issued its second Biological Opinion. The
NMFS reported that while the amount of vessel use that would have the
effect of total whale displacement from Glacier Bay could not be
defined or predicted, the operational and vessel number restrictions
imposed by the NPS were sufficient so that some increase in the amount
of vessel use could occur without jeopardizing the continued existence
of the southeast Alaska humpback whale stock. However, NMFS directed
that no additional vessel traffic should be allowed unless the number
of individual whales that enter Glacier Bay remained equal to or
greater than the 1982 level of 22 whales--and that any increase of
vessel traffic be implemented in a conservative manner and
appropriately monitored. The NMFS suggested that no more than a 20
percent increase in the three vessel categories at that time (large,
small and charter vessels) would be prudent and that a minimum of two
years should be allowed for monitoring and evaluating the effects of
such an increase before proposing additional increases. Lastly, NMFS
cautioned the NPS that it was unable to determine the amount of
additional vessel traffic in Glacier Bay to which the whales could
adjust.
On April 18, 1984, based on the 1983 NMFS opinion, the NPS
published proposed rules for the protection of humpback whales in
Glacier Bay (49 FR 15482); final rules were published on May 10, 1985
(50 FR 19880). These regulations continued the permit requirement and
seasonal vessel limits for entry into Glacier Bay and continued the
speed and routing restrictions on motor vessels, as well as the
restrictions on remaining close to, or otherwise pursuing or attempting
to pursue a whale. The terms ``entry'' and ``vessel use-day'' were
defined and applied to prevent vessel accumulation and overcrowding.
Earlier vessel categories were dropped in favor of the current
categories: cruise ship, tour vessel, charter vessel, and private
vessel. Vessel entry limits were retained for cruise ships and private
vessels; charter vessels and the newly defined tour boat class were
assigned seasonal quotas. Drawing on the NMFS 1983 Biological Opinion,
the regulations provided authority for the superintendent to permit an
increase in vessel traffic up to 20 percent above the 1976 base
figures. The amount of whale research then underway and anticipated in
the future was published with the proposed and final rules.
In 1985, the NPS authorized a 15 percent increase in cruise ship
traffic and a 20 percent increase in charter vessel and private vessel
entries. An additional 5 percent increase in cruise ship traffic was
authorized in 1988.
In 1991, the NMFS published the Final Recovery Plan for the
Humpback Whale. The interim goal of the plan is to double the extant
population of humpback whales within the next 20 years by ``* * *
optimiz[ing] natural fecundity by providing natural feeding
opportunities, and reducing death and injury by human activities.''
Objectives in the plan include: (1) improvement of current and
historical habitat by reducing human-produced underwater noise when
whales are present, (2) prevention of collisions between whales and
ships, and (3) the continued monitoring of humpback whale populations.
The 1995 Vessel Management Plan
In response to requests from the cruise ship industry and other
tourism groups for greater access to Glacier Bay--which is a major
tourist destination--the NPS undertook a review of the vessel quotas
for Glacier Bay that were established in 1985. The existing quotas were
based on the NMFS 10-year-old Biological Opinion. In order to obtain an
updated opinion, the NPS prepared an Internal Review Draft Vessel
Management Plan/Environmental Assessment (IRDVMP/EA). In September
1992, the NPS reinitiated consultation with the NMFS. The IRDVMP/EA
evaluated four alternatives for managing vessel traffic in Glacier Bay.
The NMFS review covered any vessel management alternative that is
equivalent to, or less than, the range of vessel traffic increase
described in the plan. NMFS Biological Opinion, February 19, 1993 (NPS
VMP/EA Appendix D, p. 3). Two more alternatives that are within the
scope of the Biological Opinion that NMFS subsequently issued have
since been added to the plan. The four alternatives reviewed by NMFS
ranged from an average 17 percent reduction in all vessel traffic--to
an apportioned increase in cruise ship (72 percent), charter boat (8
percent), and private vessel traffic (34 percent). The NMFS reviewed
the IRDDVMP/EA and analyzed the potential impacts of the plan on
endangered humpback and gray whales and the threatened Steller sea
lion.
Following review, the NMFS issued a Biological Opinion on February
19, 1993. The NMFS reported a nonjeopardy finding for the gray whale:
as gray whales rarely enter Glacier Bay, the NMFS does not believe
there will be any adverse impact on the gray whale as a result of the
plan. (On June 16, 1994, the NMFS published a determination to remove
the eastern North Pacific gray whale population from the list of
endangered wildlife and plants (59 FR 31094)). The NMFS also concluded
that the plan would not adversely affect the Steller sea lion
population. All action alternatives proposed in the plan recommend that
the existing summer closure surrounding the South Marble Island sea
lion haul-out (100 yards) be extended to include this and other other
haul-outs year-round.
In addressing humpback whales, the NMFS opinion recognized that the
humpback whales that frequent southeastern Alaska (including those that
visit Glacier Bay) are presumably part of a discrete North Pacific
population. Therefore, the NMFS considered whether the effects of the
plan were likely to jeopardize the continued existence of the entire
North Pacific humpback population. The NMFS concluded that, for the
three-year period following implementation, it would not. Beyond this
short-term prediction, NMFS did not project long-term effects. NMFS
did, however, make the following observations concerning the decline in
humpback whale use of Glacier Bay, an issue of concern to NPS because
of its duty to manage Glacier Bay in a manner that protects the
opportunity for whales to enter and feed in the park's waters:
The NPS Vessel Management Plan and environmental assessment
document a [[Page 29526]] declining trend in whale usage of Park
waters and a decline in crude birth rate since 1988. However, given
the small sample sizes involved, and the high inherent variability
of these types of data, it is hard to assess whether or not these
trends are real. If the trends are real, there is no way to
determine whether they are caused by changes in prey distribution or
increases in vessel traffic because there have not been conclusive
prey studies or vessel interaction studies. However, because these
changes have occurred coincidentally with increases in vessel
traffic, NMFS cannot rule out the hypothesis that some humpback
whales may avoid the area due to vessel traffic.
NMFS Biological Opinion, February 19, 1993 (NPS VMP/EA Appendix D,
p. 13).
To mitigate these concerns, the NMFS urged the NPS ``to take a
conservative approach in all management actions that may affect
humpback whales.'' Id. at 14. NMFS limited the validity of its opinion,
as follows:
[B]ecause NMFS is concerned about significantly declining use of
Park waters by humpback whales and a decline in the crude birth rate
for humpback whales in Glacier Bay National Park and Icy Strait
since 1988, this opinion is valid only until December 31, 1997.
NMFS Biological Opinion, February 1993 letter of transmittal (NPS
VMP/EA, Appendix D, p. 2). NMFS directed that formal consultation must
be reinitiated upon the expiration of the opinion. The NMFS also made
two specific recommendations that have been included in all of the
action alternatives of the NPS 1995 Vessel Management Plan:
(1) The NPS should implement a humpback whale feeding ecology
research program which will provide information on movement,
distribution, and abundance of humpback whales in Glacier Bay and
northern southeast Alaska at least as far south as Sumner Strait.
These data should be correlated to distribution of whale prey in
space and time. Studies should also be conducted to determine how
vessel presence alters the behavior and/or distribution of humpback
whales.
(2) The NPS should continue monitoring programs that identify
the number of humpback whales that feed in the National Park waters,
and their individual identity, age, reproductive status, and length
of stays. Although this information by itself will not provide an
answer to the hypothesis that vessels affect humpback whales, it
does provide indications of trends and deviations in humpback whale
use in and around Glacier Bay.
NMFS Biological Opinion, February 19, 1993 (NPS VMP/EA Appendix D,
p. 14).
The Proposed Action
The proposed regulations are drafted to track the proposed action
(Alternative Five) from the six-alternative Vessel Management Plan and
Environmental Assessment prepared by the NPS. The proposed regulations
contemplate an increase in cruise ship use, to be offset by specific
mitigation measures. The regulations would authorize a 72 percent
seasonal increase in cruise ship traffic during the months of June,
July, and August. However, there would be no increase in the maximum
number of cruise ships permitted to use the bay on any given day (two).
Rather, the increased traffic will be absorbed, for the most part, by
authorizing more cruise ship entries in early and late summer. The
basis for this proposal is the proposition that, with adequate
mitigating measures, the number of seasonal entries allocated to cruise
ships can be increased to equal the maximum daily use limit of two. The
proposed regulations would also extend and codify park compendium
vessel regulations that were developed, under the authority of the
existing regulations, for the protection of humpback whales, Steller
sea lions, and other wildlife and resource values within the park.
Although the proposed regulations do not propose an increase in
charter vessels or private vessels, the NPS is interested in soliciting
comment on the possibility of an 8% increase in charter vessel use and
a 15% increase in private vessel use of Glacier Bay waters from June 1
through August 31, as described in Alternative Six in the VMP/EA. As in
the case of cruise ships, this option would not allow an increase in
the present maximum number of daily entries for charter vessels and
private vessels (currently 6 and 25, respectively). Rather, it would
allow these increases by authorizing more entries and use-days in early
and late summer in each category:
For charter vessels: Seasonal entries and use-days would
increase 8% from the present cap of 511 use-days to a new cap of 552
use days.
For private vessels: Seasonal entries and use-days would
increase 15% from the present cap of 1,714 use-days to a new cap of
1,971 use days.
This option could provide more opportunities for a greater variety
of visitors to Glacier Bay, including local park neighbors. However,
the increase in vessel traffic from this option could result in greater
impacts to park resources, particularly in light of the maneuverability
of these smaller vessels and the challenge of achieving compliance with
protective regulations. Consequently, NPS is considering this option,
perhaps on a trial basis, contingent upon mitigation measures such as
an educational orientation program for small vessel operators, a
compliance monitoring program, continued research on potential impacts
to park resources, and--fundamental to all these measures--adequate
resources for implementation. We encourage commenters to submit views
on this option, that may be incorporated into the final regulation.
For general mitigation purposes, the proposed regulations would
require charter and private vessel operators to attend a short
educational program provided by NPS each season when they enter Glacier
Bay. The program would inform boaters of closures, restrictions and
other resource protection measures, as well as provide additional
information to assist boaters in having a safe and enjoyable visit to
the park. The NPS will also vigilantly monitor vessel use and enforce
resource protection regulations.
Alternative Five proposes several additional mitigating measures.
The NPS proposes to adopt the existing state standards for marine
vessel (stack) emissions within Glacier Bay as NPS regulations.
This would permit the NPS to cooperatively monitor and enforce
these standards. The NPS has received complaints from park visitors
concerning stack emissions from cruise ships. While underway, cruise
ships sometimes emit a blue-grey or black smoke plume as they travel
the length of the Bay. As cruise ships increase the speed of their
engines to head down-bay after their passengers have viewed Margerie
Glacier, stack emissions sometimes increase and stagnate in the
generally still air of the upper inlet, despoiling the spectacular and
pristine view of the tidewater glaciers. Temperature inversions occur
frequently at this location, holding plumes low and pancake-like over
the inlet for hours. By adopting this regulation, the NPS can more
effectively and consistently enforce the emission standards. This will
ensure that all park visitors, including those visitors arriving each
day on the second cruise ship, have an opportunity to view and
photograph the tidewater glaciers in an unimpaired state.
Underwater noise pollution from cruise ship operation is also a
park resource concern. The mechanical noise transmitted into the water
by moving vessels has been identified as one of the most likely human-
caused disturbances to whales. NMFS Biological Opinion, February 19,
1993 (NPS VMP/EA Appendix D, pp. 10-12).
Given the above concerns about air pollution and underwater noise
pollution, NPS is proposing that cruise [[Page 29527]] ship companies
seeking entry permits for operation in Glacier Bay prepare and, after
approval, implement a pollution minimization plan. The purpose of this
plan would be to assure, to the fullest extent possible, that cruise
ships permitted to travel within Glacier Bay National Park apply the
industry's best approaches toward minimization of air and underwater
noise pollution. These approaches may include, for example,
installation of original or retrofitted technology, use of cleaner
fuels, and improved methods of operation. NPS specifically seeks
comment on the merits of this pollution minimization proposal, and
welcomes the input of industry and other knowledgeable parties on
current pollution control measures across the cruise ship industry,
research and development concerning improvements in pollution control
measures, as well as the feasibility of various pollution minimization
approaches. NPS intends to evaluate all this information in determining
how to achieve air and noise pollution control and protection of park
resources in the Bay.
In a similar vein, for entry permits subject to competitive
allocation, NPS will give a strongly weighted preference to commercial
vessels that can demonstrate minimization of air and underwater noise
pollution. In this way, companies will be challenged to devise their
own effective, state-of-the-art solutions.
The above measures to achieve cleaner, quieter cruise ship
operations in Glacier Bay would provide important mitigation toward the
protection of air quality and whale habitat in Glacier Bay. In
addition, cruise ship permits would require permittees to assess the
short and long-term impacts of their activities on potentially affected
Glacier Bay resources through a research and monitoring program.
Since whales have been known to arrive at the mouth of Glacier Bay
in May, the speed limit and the requirement that vessels in transit
stay one nautical mile off-shore would automatically become effective
in the designated lower bay whale waters each year on May 15. This
earlier date would ensure that whales arriving at the mouth of Glacier
Bay in late spring are able to pass through the narrow entrance to
Glacier Bay to access the feeding areas with minimal disturbance.
Previously the ``mid-channel restriction'' began on June 1, and the
speed restriction was not activated until several whales were observed
near the mouth of the bay.
Other natural resource protection measures that are proposed in
this rulemaking serve to protect Steller sea lions and their haul-outs;
pupping and molting harbor seals; nesting sea bird colonies; and,
nesting and molting water fowl and water fowl feeding areas. The
specific locations and wildlife affected by these measures, and the
activities taking place that are critical to each species that these
measures seek to protect, are set out below in the section-by-section
analysis.
During the last 10 years Glacier Bay has experienced increased use
by visitors exploring the bay by kayak. Currently, kayaks and motor
vessels concentrate in the bay's west arm, primarily because the west
arm contains easily accessible, large, renowned tidewater glaciers.
Conversely, kayakers (and other backcountry users), preferring a more
remote, undisturbed recreational experience focus their activities in
the less-used east arm (Muir Inlet). Given this, the NPS believes that
even a modest increase in motor vessel traffic in the upper reaches of
the Muir Inlet would substantially reduce opportunities for remote
recreational experiences. Specifically, the proposed east arm closure
would allow kayakers access to a tidewater glacier with no motor vessel
disturbance. The closure would also mitigate a safety concern: kayaks
are susceptible to being overturned by large vessel wakes. This concern
is amplified in the narrow confines and steep sides of the upper east
arm (Muir Inlet). The NPS believes that it is appropriate to provide a
range of visitor opportunities (from motorized to non-motorized), take
steps to protect the safety of kayakers, and maintain opportunities for
use of this watercraft in Glacier Bay. Accordingly, based on detriment
to the recreational resource values associated with kayaking and other
backcountry use as well as safety concerns, the NPS is proposing to
close the waters of the Muir Inlet north of Point McLeod (including
Wachusett Inlet) to motor vessels June 1 through August 31.
Section-by-Section Analysis
Section 13.65(b)(1) of the proposed regulations defines various
types of vessels and other terms used in this section. Most of the
definitions are retained without significant revision from the existing
regulations. However, there are exceptions:
The terms ``cruise ship,'' ``charter vessel'' and ``tour vessel''
have been revised. In addition to some technical revisions, the
proposed definitions include a measurement standard based on the rules
of the International Convention on Tonnage Measurements of Ships, 1969.
Congress has provided for recognition of these rules that are generally
used to measure and certify foreign hull vessels. See, Omnibus Budget
Reconciliation Act of 1986, Title V--Maritime Programs, Part J--
Measurement of Vessels, P.L. 99-509, 100 Stat. 1919 (codified as
amended in scattered sections of 46 U.S.C.). The NPS is proposing that
a vessel with an International Tonnage Certificate at or over 2,000
tons gross (that carries passengers for hire) would be defined as a
cruise ship. A vessel with an International Tonnage Certificate less
than 2,000 tons gross (that carries passengers for hire) would be
defined as a tour vessel or a charter vessel. The existing standard of
100 tons gross, based on the U.S. method for measuring vessels, will be
retained. The NPS recognizes that there is not an exact means of
conversion between these two systems and will honor either rating in
support of a concessions authorization and entry permit. The NPS
welcomes comments from knowledgeable parties concerning this proposal.
The terms ``operate'' and ``operating'' have been expanded to
include the actual or constructive possession of a vessel. This has
been done to enable enforcement action against vessels violating permit
or closed-water restrictions when the vessel is not underway at the
time of the violation. Definitions are proposed for two new terms as a
means to retain, clarify, and codify both restricted and permitted
activities that were authorized and implemented under the existing
13.65(b)(2)(iii) whale-waters regulations. The first, ``speed through
the water,'' is analogous in aeronautical terms to ``airspeed,'' as
opposed to ``ground speed.'' Whale water speed limits have been
measured and enforced in this manner to prevent collisions between
vessels moving rapidly ``up-current'' and whales or other marine
mammals that are drifting ``down'' in the tidal current. These speed
limits also lower the level of underwater noise by limiting high engine
revolutions that can disrupt whale feeding activities. The term
``transit'' has been defined to allow vessels to approach
perpendicularly and land on an otherwise unrestricted shore within
designated whale waters in order to view or photograph wildlife, camp,
or participate in any other park activity. The term ``whale season''
has been deleted and the dates on which closures or restrictions begin
and end are included as part of the regulation.
Section 13.65(b)(2) of the proposed regulations authorizes a 72
percent increase in cruise ship traffic over the seasonal limits
authorized and implemented under the existing
[[Page 29528]] regulations. However, there would be no increase in the
maximum number of cruise ships permitted to use the bay on any given
day (two). Rather, the increase in traffic will be absorbed, for the
most part, by authorizing more cruise ship entries in early and late
summer. This section also provides for reinitiation of consultation
with NMFS to ensure that the increase in vessel traffic does not affect
endangered or threatened species, particularly in Glacier Bay. The
section also requires the Director of the NPS to reduce vessel entry
and use levels in 1998 (or thereafter) if necessary to protect the
values and purposes of Glacier Bay National Park and Preserve.
Section 13.65(b)(2) also incorporates the permit requirements of
section 13.65(b)(3) of the existing regulations, with minor
modifications. Paragraph (b)(2)(ii)(A) requires concessioner vessels to
notify the Bartlett Cove Ranger Station within the 24 hours prior to,
or immediately upon, entry to the bay. Paragraph (b)(2)(iii)(A)
generally requires private motor vessels entering the bay through the
mouth to stop at the Bartlett Cove Ranger Station for orientation
before proceeding up bay. Vessels that have previously visited the bay
may receive a waiver. Paragraph (b)(2)(v)(C) allows private vessels to
launch a motorized skiff or tender after anchoring. Paragraphs (vii)
and (viii) have been added to clarify the superintendent's authority to
revoke or deny a permit based on violations of this section.
Section 13.65(b)(3) of the proposed regulations retains the
existing prohibitions on operating a vessel within one-quarter nautical
mile of a whale, and on pursuing or attempting to pursue a whale. The
superintendent's authority to designate temporary whale waters and
establish vessel use and speed restrictions have also been retained.
The proposed regulations also identify, and designate as whale waters,
areas in which seasonal restrictions have applied on a recurring basis.
The proposed regulations would codify the restrictions that were
implemented pursuant to section 13.65(b)(2), i.e., mid-channel transit
through these waters, and in the case of lower bay waters, speeds not
to exceed 10 knots (proposed regulation (b)(3)(v)(A)).
As whales have been known to arrive at the mouth of Glacier Bay in
May, the speed limit and the requirement that vessels in transit stay
one nautical mile off-shore, as proposed, would become effective in the
designated lower bay whale waters each year on May 15. This earlier
date would ensure that whales arriving at the mouth of Glacier Bay in
late spring are able to pass with minimal disturbance through the
narrow entrance to Glacier Bay to access the feeding areas. The
superintendent would continue to have discretion to increase the speed
limit through these waters to 20 knots in the absence of whales.
A speed restriction is also proposed to mitigate mortality and
stress of breeding and molting harbor seals resulting from large vessel
wakes in the narrow confines of the Johns Hopkins Inlet (paragraph
(B)). Seasonal closures and operating restrictions concerning the
Spider Island group and Johns Hopkins Inlet that appear in paragraphs
(b)(3)(vi)(C)-(E) are also proposed to protect the park's harbor seals,
that have recently been recognized as the largest concentration of
breeding harbor seals in the world. These closures and restrictions
have previously been enforced as park compendium regulations. The
preceding paragraph (b)(3)(vi)(B) is proposed for the year-round
protection of Steller sea lions and their haul-outs and is consistent
with NMFS recommendations.
Nesting sea bird colonies would be protected in proposed section
13.65(b)(3)(vi)(A), that closes colonial nesting islands to vessel
landing and foot traffic year-round. These small-island closures were
previously enforced, seasonally, as park compendium regulations.
Continuing these restrictions year-round will reduce impacts to
vegetation that is important to nesting birds and will otherwise
protect this sensitive nesting habitat from trampling. This action will
also augment sea lion haul-out protection at South Marble Island. Park
visitors are advised in paragraph (b)(3)(vi)(F) that the distances
proposed in this rulemaking that are to be maintained between visitors
and wildlife are minimum distances; 36 CFR Sec. 2.2 (wildlife
protection) requires that greater distances be maintained from wildlife
if it seems likely that wildlife may be disturbed or frightened.
Nesting sea birds as well as molting and feeding waterfowl would
receive protection through the seasonal water (area) closures proposed
for motor vessels in paragraphs (b)(3)(vii)(A)-(E). These motor vessel
closures would also serve to protect harbor seal haul-outs associated
with pupping and molting activities (paragraphs (C) and (D)). Similar
closures were previously proposed for these areas. 48 FR 14978, April
6, 1983. That rulemaking also recognized the importance of sheltering
the unique concentrations of marine mammals and birds, that these areas
support, from motorized disruption during the critical months of
feeding, breeding, nesting and rearing of young. With the exception of
Rendu Inlet, these areas contain, or are approached through, shallow
areas that are hazardous to navigate in motor vessels.
Paragraph (b)(3)(vii)(F) proposes closing the waters of the Muir
Inlet north of Point McLeod (including Wachusett Inlet) to motor
vessels on a seasonal basis. This closure is proposed to allow for
kayaks to safely pass through the narrow and steep walls of the east
arm to the tidewater glaciers there and to provide the opportunity for
camping and other backcountry use away from the noise of motor vessel
traffic.
As discussed above, the NPS believes that the closures proposed in
paragraphs (b)(3)(vi) and (b)(3)(vii)(A)-(E) are necessary to protect
the natural values of Glacier Bay, and the closures proposed in
paragraph (b)(3)(vii)(F) are necessary to protect the visitor
experience values of Glacier Bay. These closures are proposed in
accordance with ANILCA Section 1110(a) to prevent detriment to the
resource values of Glacier Bay. Therefore, in addition to the public
comment period provided by this rulemaking, the NPS will hold hearings
in the vicinity of Glacier Bay on these proposed closures, as noticed
in this rulemaking.
In order to further limit and mitigate the effects of underwater
noise, section 13.65(b)(3)(viii) restricts generator and other non-
propulsive motor use during the evening hours of summer.
Section 13.65(b)(3)(ix) clarifies the duties, responsibilities, and
authority of the superintendent to regulate public use in response to
changing conditions. The NPS has previously determined the need to
provide administrative remedies to protect whales through imposition of
temporary public-use limits, whale-water designations, and other
temporary operating restrictions. See, 50 FR 19880, 19881-82 (May 10,
1985). The environmentally safe implementation and maintenance of the
increased public-use levels proposed in this rulemaking require that
the superintendent have the necessary authority to modify use levels
and establish vessel restrictions to protect park resources. The
proposed regulation incorporates the existing authority granted to the
superintendent in 1985; recognizes that in addition to whales, other
wildlife may be impacted by the increase in vessel traffic (see, NPS
VMP/EA); and avoids duplication of existing authority and standards. In
most cases, the action contemplated under this section would be the
shifting of existing prohibitions, as whale and other wildlife feeding,
breeding, and molting [[Page 29529]] sites shift, to new areas in the
dynamic sea and landscape of the rebounding bay.
Section 13.65(b)(4) of the proposed regulations adopts the existing
state restrictions on vessel (stack) emissions.
Section 13.65(b)(5)-(6) of the existing regulations, Restricted
Commercial Fishing Harvest, has been addressed separately in proposed
rules, 56 FR 37262 (August 5, 1991), and has not been considered as
part of these proposed rules. However, the proposed seasonal closure of
water areas to vessels (b)(3)(vi), and motor vessels (b)(3)(vii), would
also apply to commercial fishing boats.
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. Interested persons are invited to submit written
comments, suggestions or objections regarding the proposed regulations
to the address noted at the beginning of this rulemaking. Comments must
be received on or before August 4, 1995. The NPS will review comments
and consider making changes to the rule, based upon an analysis of
comments.
Drafting Information
The primary authors of this revision are Russel J. Wilson, Alaska
Regional Office, National Park Service, and Molly N. Ross, Office of
the Assistant Secretary for Fish and Wildlife and Parks, Department of
the Interior, Washington, D.C. Other National Park Service staff from
the Alaska Regional Office and Glacier Bay National Park and Preserve
made significant contributions.
Compliance With Other Laws
This proposed rule has been reviewed under Executive Order 12866.
The Department of the Interior certifies that this document 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 collection of information contained in this rule has been
approved by the Office of Management and Budget as required by 44
U.S.C. 3501 et seq. The Office of Management and Budget approval number
is 1024-0026.
List of Subjects in 36 CFR Part 13
Alaska, National parks.
PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA
Subpart C--Special Regulations--Specific Park Areas In Alaska
In consideration of the foregoing, 36 CFR Part 13 is proposed to be
amended as follows:
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), 1361, 1531.
2. Section 13.65(b) (1) through (4) is revised to read as follows:
Sec. 13.65. Glacier Bay National Park and Preserve.
* * * * *
(b) Resource Protection and Vessel Management--(1) Definitions. As
used in this section:
Charter vessel means any motor vessel under 100 tons gross (U.S.
System) or 2,000 tons gross (International Convention System) that is
rated to carry up to 49 passengers, and is available for hire on an
unscheduled basis.
Commercial fishing vessel means any motor vessel conducting fishing
activities under the appropriate commercial fishing licenses as
required and defined by the State of Alaska.
Cruise ship means any motor vessel at or over 100 tons gross (U.S.
System) or 2,000 tons gross (International Convention System) carrying
passengers for hire.
Entry means each time a motor vessel passes the mouth of Glacier
Bay into the bay; each time a private vessel activates or extends a
permit; each time a motor vessel based at or launched from Bartlett
Cove leaves the dock area on the way into Glacier Bay, except a private
vessel based at Bartlett Cove that is gaining access or egress to or
from outside Glacier Bay; the first time a local private vessel uses a
day of the seven use day permit; or each time a motor vessel is
launched from another vessel within Glacier Bay, except a motor vessel
singularly launched from a permitted motor vessel and operated only
while the permitted vessel remains at anchor, or a motor vessel
launched and operated from a permitted motor vessel while that vessel
is not under way and in accordance with a concession agreement.
Glacier Bay means all marine waters contiguous with Glacier Bay,
lying north of an imaginary line between Point Gustavus and Point
Carolus.
Motor vessel means any vessel, other than a seaplane, propelled or
capable of being propelled by machinery (including steam), whether or
not such machinery is the principal source of power, except a skiff or
tender under tow or carried on board another vessel.
Operate or Operating includes the actual or constructive possession
of a vessel or motor vessel.
Private vessel means any motor vessel used for recreation that is
not engaged in commercial transport of passengers, commercial fishing,
or official government business.
Pursue means to alter the course or speed of a vessel or a seaplane
in a manner that results in retaining a vessel, or a seaplane operating
on the water, at a distance less than one-half nautical mile from a
whale.
Speed through the water means the speed that a vessel moves through
the water (which itself may be moving); as distinguished from ``speed
over the ground.''
Transit means to operate a motor vessel under power and
continuously so as to accomplish \1/2\ nautical mile of littoral (i.e.
along the shore) travel.
Tour vessel means any motor vessel under 100 tons gross (U.S.
System) or 2,000 tons gross (International Convention System) that is
rated to carry more than 49 passengers, and conducts tours or provides
transportation at regularly scheduled times along a regularly scheduled
route.
Vessel includes every type or description of craft used as a means
of transportation on the water, including a buoyant device permitting
or capable of free flotation and a seaplane while operating on the
water.
Vessel use day means any continuous period of time that a motor
vessel is in Glacier Bay between the hours of 12 midnight on one day to
12 midnight the next day.
Whale means any humpback whale (Megaptera novaeangliae).
Whale waters means any portion of Glacier Bay, designated by the
Superintendent, having a high probability of whale occupancy, based
upon recent sighting and/or past patterns of occurrence.
(2) Permits. (i) The superintendent shall maintain a motor vessel
permit system.
(ii) Permits for cruise ships, tour vessels, and charter vessels
shall be issued in accordance with National Park Service concession
authorizations. To obtain or renew an entry permit, a cruise ship
company shall prepare and, after approval, implement a pollution
minimization plan to assure, to the fullest extent possible, that any
ship permitted to travel within Glacier Bay will apply the industry's
best approaches toward minimization of air [[Page 29530]] and
underwater noise pollution while operating in Glacier Bay. Such plan
shall be submitted to the superintendent, who may approve or disapprove
the plan. In addition, the superintendent may adopt at any time permit
operating conditions for the purpose of mitigating air and underwater
noise pollution or other impacts of cruise ship operation. The
superintendent shall immediately suspend the entry permit(s) of any
cruise ship that fails to submit, implement or abide by such a plan or
operating condition.
(A) A concessioner vessel is prohibited from entering Glacier Bay
unless the Bartlett Cove Ranger Station has been given notice of the
vessel's entry within the 24 hours prior to, or immediately upon,
entry.
(B) Off-boat activities from a concessioner vessel are prohibited,
except as permitted and under conditions established by the
superintendent.
(iii) Permits for private motor vessels are required to enter
Glacier Bay June 1 through August 31. Private motor vessel permits
shall be issued in accordance with, and subject to, conditions
established by the superintendent. Conditions established for private
motor vessels may include, but are not limited to, whom a vessel
operator must contact when entering or leaving Glacier Bay, designated
anchorages, and the maximum length of stay in Glacier Bay.
(A) June 1 through August 31, upon entering Glacier Bay through the
mouth, the operator of a private motor vessel shall proceed directly to
the Bartlett Cove Ranger Station for orientation. Failing to report as
required is prohibited.
(1) The superintendent may waive this requirement prior to or upon
entry.
(2) [Reserved]
(iv) The superintendent shall restrict vessel entry to, and
operation within, Glacier Bay to no more than the following:
(A) Cruise ships are limited to two vessel use days per day;
(B) Tour vessels are limited to three vessel use days per day;
(C) Charter vessels are limited, June 1 through August 31, to six
vessel use days per day, and a total of no more than 312 entries and
552 vessel use days;
(D) Private vessels are limited, June 1 through August 31, to 25
vessel use days per day, and a total of no more than 468 entries and
1,971 vessel use days;
(E) Provided that, no later than October 1, 1996, the
superintendent shall reinitiate consultation with the U.S. National
Marine Fisheries Service (NMFS) and request a Biological Opinion
pursuant to section 7 of the Endangered Species Act. The superintendent
shall request the NMFS assess and analyze any impacts, that may be
associated with the vessel traffic authorized by this section (13.65),
to the endangered and threatened species that occur in, or that use,
Glacier Bay National Park and Preserve. Based on this Biological
Opinion, applicable authority, and any other relevant information, the
Director shall reduce the vessel entry and use levels for any or all
categories of vessels in this section, effective for the 1998 season or
any year thereafter, if required to protect the values and purposes of
Glacier Bay National Park and Preserve. The Director would accordingly
publish a notice of such revision in the Federal Register. Nothing in
this paragraph shall be construed to prevent the superintendent from
taking any action at any time in order to protect the values and
purposes of Glacier Bay National Park and Preserve.
(v) Operating a motor vessel in Glacier Bay without a permit issued
pursuant to this section is prohibited, except:
(A) A motor vessel engaged in official business of the state or
federal Government.
(B) A private motor vessel based at Bartlett Cove that is
transitting between Bartlett Cove and waters outside Glacier Bay, or
that is being operated in Bartlett Cove in waters bounded by the Public
and Administrative Docks.
(C) A motor vessel singularly launched from a permitted motor
vessel, and operated only while the permitted motor vessel remains at
anchor, or a motor vessel launched and operated from a permitted motor
vessel while that vessel is not underway and in accordance with a
concession agreement.
(D) A commercial fishing vessel otherwise authorized and permitted,
and actually engaged in commercial fishing within Glacier Bay.
(E) A vessel granted safe harbor at Bartlett Cove by the
Superintendent.
(vi) Violating a term or condition of a permit issued pursuant to
this section is prohibited.
(vii) Violating a term or condition of a permit issued pursuant to
this section may also result in the suspension or revocation of the
permit by the superintendent.
(viii) Operating a motor vessel in Glacier Bay without a permit
shall constitute sufficient grounds for the superintendent to deny
future permit requests.
(3) Operating Restrictions. (i) Except for a commercial fishing
vessel actually trolling or setting or pulling long lines or crab pots
as authorized and permitted by the superintendent, operating a vessel
within one-quarter nautical mile of a whale is prohibited.
(ii) The operator of a vessel accidentally positioned within one-
quarter nautical mile of a whale shall immediately slow the vessel to
ten knots or less, without shifting into reverse unless impact is
likely. The operator shall then direct or maintain the vessel on as
steady a course as possible away from the whale until at least one-
quarter nautical mile of separation is established.
(A) Failure to take action as required in paragraph (b)(3)(ii) is
prohibited.
(B) [Reserved]
(iii) Pursuing or attempting to pursue a whale is prohibited.
(iv) Whale Water Restrictions. (A) May 15 through August 31, the
following Glacier Bay waters are designated as whale waters.
(1) Lower Bay waters, as defined as: waters north of an imaginary
line drawn from Point Carolus to Point Gustavus; and south of an
imaginary line drawn from the northernmost point of Lars Island across
the northernmost point of Strawberry Island to the point where it
intersects the line that defines the Beardslee Island group, as
described in paragraph (b)(3)(vii)(D) of this section, and following
that line south and west to the Bartlett Cove shore.
(2) [Reserved]
(B) June 1 through August 31, the following Glacier Bay waters are
designated as whale waters.
(1) Whidbey Passage waters, as defined as: waters north of an
imaginary line drawn from the northernmost point of Lars Island to the
northernmost point of Strawberry Island; west of imaginary lines drawn
from the northernmost point of Strawberry Island to the southernmost
point of Willoughby Island, the northernmost point of Willoughby Island
(proper) to the southernmost point of Francis Island, the northernmost
point of Francis Island to the southernmost point of Drake Island; and
south of the northernmost point of Drake Island to the northernmost
point of the Marble Mountain peninsula.
(2) East Arm Entrance waters, as defined as: waters north of an
imaginary line drawn from the southernmost point of Sebree Island to
the northernmost point of Sturgess Island, and from there to the
westernmost point of the unnamed island south of Puffin Island (that
comprises the south shore of North Sandy Cove); and south of an
imaginary line drawn from Caroline Point across [[Page 29531]] the
northernmost point of Garforth Island to shore.
(3) Russell Island Passage waters, as defined as waters enclosed by
imaginary lines drawn from: the easternmost point of Russell Island due
east to shore, and from the westernmost point of Russell Island due
north to shore.
(C) The superintendent may designate temporary whale waters, and
impose motor vessel speed restrictions in whale waters. Maps of
temporary whale waters and notice of vessel speed restrictions imposed
pursuant to this paragraph, shall be made available to the public at
park offices at Bartlett Cove and Juneau, Alaska, and shall be
submitted to the U.S. Coast Guard for publication as a ``Notice to
Mariners''.
(D) The following restrictions apply in designated whale waters.
Violation of a whale water restriction is prohibited:
(1) Except vessels actually fishing as authorized and permitted by
the superintendent or vessels operating solely under sail, while in
transit, operators of motor vessels over 18 feet in length will in all
cases where the width of the water permits, maintain a distance of at
least one nautical mile from shore, and, in narrower areas will
navigate in mid-channel. Provided, however, that operators may
perpendicularly approach and land on an otherwise unrestricted shore
within designated whale waters in order to view or photograph wildlife,
camp, or participate in any other park activity.
(2) Motor vessel speed limits established by the superintendent
pursuant to paragraph (b)(3)(iv)(C) of this section.
(v) Speed Restrictions. (A) May 15 through August 31, in the waters
of the Lower Bay as defined in paragraph (b)(3)(iv)(A)(1) of this
section, the following are prohibited:
(1) Operating a motor vessel at a speed greater than 10 knots speed
through the water, or
(2) Operating a motor vessel at a speed greater than 20 knots speed
through the water, when the superintendent has designated a maximum
speed of 20 knots during the absence of whales.
(B) July 1 through August 31, operating a motor vessel on Johns
Hopkins Inlet south of 58 deg.54.2' N. latitude (an imaginary line
running approximately due west from Jaw Point) at a speed greater than
10 knots speed through the water is prohibited.
(vi) Closed Waters, Islands and Other Areas. The following are
prohibited:
(A) Operating a vessel or otherwise approaching within 100 feet of
a nesting seabird colony; or that part of South Marble Island lying
south of 58 deg.38.6' N. latitude (approximately the southern one-half
of South Marble Island); or Flapjack Island; or the three small unnamed
islets approximately one nautical mile southeast of Flapjack Island; or
Eider Island; or Boulder Island; or Geikie Rock; or Lone Island; or the
northern three-fourths of Leland Island (north of 58 deg.39.1' N.
latitude; or the four small unnamed islands located approximately one
nautical mile north (one island), and 1.5 nautical miles east (three
islands) of the eastern-most point of Russell Island.
(B) Operating a vessel or otherwise approaching within 100 yards of
a Steller (Northern) Sea Lion (Eumetopias jubatus) hauled-out on land
or a rock; or that part of South Marble Island lying north of
58 deg.38.6' N. latitude (approximately the northern one-half of South
Marble Island); or Graves Rocks (on the outer coast); or Cormorant
Rock, or any adjacent rock, including all of the near shore rocks
located along the outer coast, for a distance of 1\1/2\ nautical miles,
southeast from the mouth of Lituya Bay; or the surf line along the
outer coast, for a distance of 1\1/2\ nautical miles northwest of the
mouth of the glacial river at Cape Fairweather.
(C) May 1 through August 31, operating a vessel or otherwise
approaching within \1/4\ nautical mile of, Spider Island or any of the
four small islets lying immediately west of Spider Island.
(D) May 1 through June 30, operating a vessel or a seaplane on
Johns Hopkins Inlet waters south of 58 deg.54.2' N. latitude (an
imaginary line running approximately due west from Jaw Point).
(E) July 1 through August 31, operating a vessel or a seaplane on
Johns Hopkins Inlet waters south of 58 deg.54.2' N. latitude (an
imaginary line running approximately due west from Jaw Point), within
\1/4\ nautical mile of a seal hauled out on ice; except when safe
navigation requires, and then with due care to maintain the \1/4\
nautical mile distance from concentrations of seals.
(F) Restrictions imposed in this paragraph ((b)(3)(vi)) are minimum
distances. Park visitors are advised that protection of park wildlife
may require that greater distances be maintained from wildlife. See 36
CFR 2.2 (Wildlife protection).
(vii) Closed Waters, Motor Vessels and Seaplanes. May 1 through
September 15, operating a motor vessel or a seaplane on the following
water is prohibited:
(A) Adams Inlet, east of 135 deg.59.2' W. longitude (an imaginary
line running approximately due north and south through the charted (5)
obstruction located approximately 2\1/4\ nautical miles east of Pt.
George).
(B) Rendu Inlet, north of the wilderness boundary at the mouth of
the inlet.
(C) Hugh Miller Complex, including Scidmore Bay and Charpentier
Inlet, west of the wilderness boundary at the mouth of the Hugh Miller
Inlet.
(D) Waters within the Beardslee Island group (except the Beardslee
Entrance), that is defined by an imaginary line running due west from
shore to the easternmost point of Lester Island, then along the south
shore of Lester Island to its western end, then to the southernmost
point of Young Island, then north along the west shore and east along
the north shore of Young Island to its northernmost point, then at a
bearing of 15 deg. true to an imaginary point located one nautical mile
due east of the easternmost point of Strawberry Island, then at a
bearing of 345 deg. true to the northernmost point of Flapjack Island,
then at a bearing of 81 deg. true to the northernmost point of the
unnamed island immediately to the east of Flapjack Island, then
southeasterly to the northernmost point of the next unnamed island,
then southeasterly along the (Beartrack Cove) shore of that island to
its easternmost point, then due east to shore.
(E) Dundas Bay, west of 136 deg.25' W. longitude.
(F) Muir Inlet, north of 58 deg.54.8' N. latitude (an imaginary
line running approximately due east from Point McLeod), including
Wachusett Inlet.
(viii) Noise Restrictions. June 1 through August 31, except vessels
in transit or at Bartlett Cove or as otherwise permitted by the
superintendent, the use of generators or other non-propulsive motors is
prohibited from 10:00 p.m. until 6:00 a.m.
(ix) Other Closures and Restrictions. Notwithstanding any other
provision of this Part or 43 CFR Part 36, due to the rapidly emerging
and changing ecosystems of, and for the protection of wildlife in
Glacier Bay National Park and Preserve, including but not limited to
whales, seals, sea lions, nesting birds and molting waterfowl:
(A) Pursuant to Sec. 1.5 of this chapter, the superintendent may
establish, designate, implement and enforce closures, restrictions, and
public use limits, and terminate such closures, restrictions, and
public use limits.
(B) The public shall be notified of closures, restrictions, or
public use limits imposed under this paragraph, and the termination or
relaxation of such, in accordance with Sec. 1.7 of this chapter, and by
submission to the U.S. [[Page 29532]] Coast Guard for publication as a
``Notice to Mariners'', where appropriate.
(C) When authorized by, and consistent with applicable legislation,
the superintendent may issue a permit to authorize an activity
otherwise prohibited or restricted under Sec. 1.5 of this chapter.
(1) The superintendent shall include in the permit terms and
conditions the superintendent deems necessary to protect park
resources.
(2) [Reserved]
(D) The following are prohibited:
(1) Violating a closure, designation, use or activity restriction
or condition, schedule or public use limit imposed pursuant to Sec. 1.5
of this chapter without a permit; or,
(2) Violating a term or condition of a permit issued pursuant to
paragraph ((b)(3)(vii)(C)).
(E) The superintendent shall make rules for the safe and equitable
use of Bartlett Cove waters and for park docks. The public shall be
notified of these rules by the posting of signs or a copy of the rules
at each dock.
(1) Failure to obey a sign or rule is prohibited.
(2) [Reserved]
(x) Closed waters and islands within Glacier Bay as described in
paragraphs (b)(3) (iv) through (vii) of this section are described as
depicted on NOAA Chart #17318 GLACIER BAY (4th Ed., Mar. 6/93).
(xi) Paragraphs (b)(3) (i) through (iii) of this section do not
apply to a vessel being used in connection with federally permitted
whale research or monitoring; other closures and restrictions in
paragraph (b)(3) of this section do not apply to authorized persons
conducting: emergency or law enforcement operations, research or
resource management, park administration/supply, or other necessary
patrols.
(4) Marine vessel visible emission standards. (i) The following
definitions shall apply to this paragraph:
(A) Underway means not at berth or anchor or moored or aground.
(B) Port means only that area comprised by Bartlett Cove and the
public dock.
(ii) Visible emissions from a marine vessel, excluding condensed
water vapor, may not result in a reduction of visibility through the
exhaust effluent of greater than 20 percent for a period or periods
aggregating more than:
(A) Three minutes in any one hour while underway, at berth, or at
anchor; or
(B) Six minutes in any one hour during initial startup of diesel-
driven vessels; or
(C) 12 minutes in one hour while anchoring, berthing, getting
underway or maneuvering in port.
* * * * *
Dated: May 30, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-13616 Filed 5-31-95; 3:52 pm]
BILLING CODE 4310-70-P
