[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7263]
[[Page Unknown]]
[Federal Register: March 31, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Parts 5 and 7
RIN: 1024-AC15
Glacier National Park; Revision to Special Regulations
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS) is proposing to revise its
current regulations regarding sport fishing, the use of motorized
vessels, and commercial passenger-carrying vehicles in Glacier National
Park. First, the proposed rule would continue to allow fishing in most
streams, rivers, and lakes in Glacier National Park, subject to
closures or other conditions made by the Superintendent consistent with
the park's fisheries program objectives. Second, the proposed rule
would prohibit motorboat use on Kintla Lake, and place horsepower
restrictions on other park lakes. Third, the proposed rule would
clarify the exceptions to the prohibition regarding commercial
passenger-carrying motor vehicles, and would expand the areas of the
park in which these vehicles would be allowed.
DATES: Written comments will be accepted through May 31, 1994.
ADDRESSES: Comments should be addressed to: Superintendent, Glacier
National Park, West Glacier, MT. 59936.
FOR FURTHER INFORMATION CONTACT: Fred Vanhorn, Protection Specialist,
Glacier National Park, West Glacier, MT. 59936.
SUPPLEMENTARY INFORMATION:
Background
Fishing
The present Glacier National Park fishing regulations are codified
in 36 CFR 7.3(a),(b), and (c). They permit fishing in selected waters
of the park with a variety of regulations covering specific lakes and
streams.
Technical fishery assistance has been provided to Glacier National
Park by the U.S. Fish and Wildlife Service and its predecessors for 45
years. The present park management objectives have evolved since 1976
and are consistent with the park's primary purpose, which is to
preserve natural environments and native plant and animal life, and to
provide for the enjoyment of the resources by park visitors in ways
that maintain natural conditions. The specific objectives of the park's
fishery program are:
1. to manage the fishery as an integral part of the park's
ecosystem;
2. to restore and preserve native species and aquatic habitats; and
3. to provide recreational fishing for the enjoyment of the park
visitors when consistent with the two previous objectives.
Attainment of these objectives requires that angler harvests not
alter native species natural replenishment rates or age structure, or
significantly reduce numbers, biomass, or sizes from those occurring in
un-fished populations. Protective policies of the NPS that have
prevented significant degradation of the aquatic habitat have also
restricted the use of maintenance stocking in park waters. Given these
constraints, special angling regulations have become the primary means
to accomplish park fishery objectives.
Regulations used to protect fish and maintain angling quality have
included manipulating season dates, bait and terminal gear
restrictions, and the use of creel limits, including catch and release.
Additionally, various waters have been closed to anglers in order to
protect threatened and endangered species, nesting birds, and visitors.
Because of the introduction of non-native fish in the past, the
current invasion of non-native fish from outside the park, the
recognition of the westslope cutthroat and bull trout as species of
special concern by the State of Montana, and increased fishing in
selected waters within the park, park management must be able to
respond rapidly to changes that occur in a dynamic ecosystem resulting
from human and natural conditions.
The proposed regulation would allow the Superintendent to meet
these objectives in a timely manner by establishing a process to
implement local Superintendent's orders using the discretionary
authority of 36 CFR 1.5. Such orders could include restrictions or
conditions on species of fish allowed for take, seasons and creel
limits, methods of taking, or other conditions. This procedure will
afford greater protection to the park's aquatic resources, be more
responsive to public needs, and allow the park managers greater
flexibility in responding to specific situations.
Public notice of conditions or restrictions established by the
Superintendent would be provided through signs, maps, brochures,
newspaper notices or other appropriate methods as required by 36 CFR
1.7. Detailed information pertaining to the nature and extent of
fishing restrictions will be readily available to anglers in the park.
Superintendent's restrictions and conditions on fishing will be
reviewed at least annually and made a part of the Superintendent's
compendium. Permanent and significant closures are subject to the
rulemaking requirements of 36 CFR 1.5(b) and will continue to be
codified in 36 CFR 7.3.
Motorized Vessels
The present Glacier National Park regulation regarding motorboats
(motorized vessels) is codified in 36 CFR 7.3(f). It limits motorboats
and motor vessels to ten horsepower or less on Kintla, Bowman and Two
Medicine Lakes, except for sightseeing vessels operated by an
authorized concessioner on Two Medicine Lake. It also prohibits all
motorboats and motor vessels on Swiftcurrent Lake, except for
authorized concessioner sightseeing vessels.
The issue of motorboat use in wilderness is addressed in chapter
6:8 of the NPS Management Policies (1988) as follows:
``The Wilderness Act [Pub. L. 88-577] authorizes continuation of
motorboat and aircraft use under certain circumstances where those
activities were established prior to wilderness designation. The
National Park Service will limit authorization for the continued use
of any motorized equipment in wilderness to situations where such
use has been specifically authorized by Congress and determined by
Congress or the Park Service to be compatible with the purpose,
character, and resource values of the particular wilderness area
involved.''
In 1974 the NPS prepared an ``Environmental Statement/Wilderness
Recommendation'' for Glacier National Park which included Kintla and
Bowman Lakes in recommended wilderness and indicated that if Congress
designated these areas as wilderness, motorboating--a traditional
activity on Kintla Lake--would be eliminated. This original
recommendation was modified in 1984 to permit motorboats of up to 10
horsepower on both lakes. Congress has not yet acted on the NPS
wilderness recommendation, and boats with motors up to 10 horsepower
have continued to be allowed on Kintla Lake over the past 15 years. The
use of motorboats on Kintla Lake and the potential impacts of
continuing or prohibiting this use were assessed in the 1992 ``North
Fork Management Plan/Environmental Assessment'', prepared by the NPS.
The 1992 plan mandates the elimination of motorboats on Kintla
Lake. Kintla Lake would thus become the only road-accessible lake in
the park where motorized watercraft are not permitted, and it would
provide opportunities for users of non-motorized watercraft to enjoy
solitude and quiet without the disruption of motor noise. An NPS patrol
boat would be kept in the Kintla Lake boathouse for emergency use, with
routine NPS patrols being made by non-motorized vessels.
The proposed regulations will allow the Superintendent to manage
the Kintla Lake area in accordance with the 1992 North Fork Management
Plan (approved May 20, 1992). The following goals and objectives,
developed by the NPS to guide use and management of the North Fork, and
based on public use surveys and general perceptions of the area, relate
to this proposed rule:
Goal: To maintain the dynamic natural ecosystem.
Objectives: (1) To continue to manage the portion of the North Fork
area that has been recommended for wilderness according to NPS
wilderness management policies. (2) To maintain the quality and natural
flow of park waters. (3) To minimize man-made noise.
Goal: To maintain the area's value as a wilderness threshold.
Objectives: (1) To maintain a primitive atmosphere associated with
an earlier point in time and to provide facilities, services, and
programs in keeping with that atmosphere. (2) To retain a sense of
solitude, require a high degree of visitor self-reliance, and ensure
freedom from constraint.
Goal: To provide quality, diversity, and safety in the visitor
experience.
Objectives: To provide a visitor experience that is different from
those in more developed and accessible parts of the park.
Public notice of the motorboat prohibition on Kintla Lake will be
provided through signs, maps, brochures, and media news releases.
Commercial Passenger-Carrying Motor Vehicles
The present Glacier National Park commercial passenger-carrying
motor vehicle regulations are codified in 36 CFR 5.4(a). They prohibit
commercial transportation of passengers by motor vehicles except as
authorized under a contract or permit from the Secretary or his
authorized representative in Glacier National Park except that portion
of the park road from the Sherburne entrance to the Many Glacier area.
Commercial passenger-carrying motor vehicles are not currently
addressed in park special regulations at 36 CFR 7.3.
Under the existing Concessions Contract (CC1430-1-0002) with
Glacier Park, Inc. (GPI), GPI had the preferential right, until
December 31, 1985, to provide all transportation service in Glacier
with the exception of transportation on the road between Sherburne
entrance and the Many Glacier area. No other commercial transportation
services were allowed into the park without first entering into a trip
lease agreement with GPI, thereby reimbursing GPI for the right to
enter the park under the auspices of GPI's Concessions Contract. As of
January 1, 1986, this preferential right was modified to reflect only a
right of first refusal to provide transportation services for
prearranged tour groups, unscheduled scenic tours over the portion of
the Going-to-the-Sun Road between Lake McDonald Lodge and Rising Sun,
and for daily scheduled public transportation service within Glacier
National Park. This, in effect, allowed unscheduled scenic tours from
outside the park to enter the park on the west as far as Lake McDonald
Lodge, and from the east as far as Rising Sun and to the Two Medicine
area as well as to the Many Glacier area.
Current CFR language requires a separate contract or permit for
each tour company entering Glacier National Park. Several hundred of
these tours travel to Glacier each season. These tours are unscheduled,
sporadic transportation services that, in most cases, only involve
transportation to and from a park facility. Requiring separate
concessions contracts or permits would place an unnecessary burden on
the NPS and tour operators.
The NPS proposes that Sec. 7.3 be amended to show where and when
these restrictions do not apply, and that Sec. 5.4 be amended to
correspond with this change. The proposed regulations will expand and
clarify the areas where commercial passenger-carrying motor vehicle
operations are allowed and assist the Superintendent in equitably and
effectively managing the permitting process.
Public notice of the commercial passenger-carrying motor vehicle
regulations will be provided through public notices and media news
releases.
Public Participation
The policy of the NPS is, whenever practicable, to afford the
public an opportunity to participate in the rulemaking process.
Accordingly, interested persons may submit written comments regarding
these proposed rules to the address noted at the beginning of this
proposed rule making. The public has also previously had extensive
opportunity to comment on the Management Plan and Environmental
Assessment for the North Fork Study Area.
Drafting Information
The primary authors of the proposed fishing regulation are Dr. Leo
Marnell, Aquatic Biologist, and William Michels, Natural Resource
Specialist, Glacier National Park. The primary author of the proposed
commercial vehicle regulation is Fred Vanhorn, Protection Specialist,
Glacier National Park. The primary author of the proposed motorboating
regulation is Roger L. Semler, Wilderness Manager, Glacier National
Park.
Paperwork Reduction Act
These rules do not contain information collection requirements that
require approval by the Office of Management and Budget under 44 U.S.C.
3501 et seq.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget (OMB)
review under Executive Order 12866.
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., the NPS has determined that this proposed regulation will not
have a significant economic effect on a substantial number of small
entities, nor does it require preparation of a regulatory analysis.
It has been determined that this proposal does not constitute an
adverse or significant action and is categorically excluded from the
National Environmental Policy Act, 42 U.S.C. 4321, et seq., process.
(516 DM 2, Appendix 7.4 A (10)). The rule change on motorboat
regulations is addressed in the Management Plan Environmental
Assessment for the North Fork Study Area, dated May, 1991, as required
by the National Environmental Policy Act, 42 U.S.C. 4321, et seq., and
a Finding Of No Significant Impact was signed by the Regional Director
of the Rocky Mountain Region of the NPS on 5/20/92.
List of Subjects in 36 CFR Parts 5 & 7
In consideration of the foregoing, it is proposed to amend 36 CFR
Chapter I, Parts 5 and 7 as follows:
PART 5--COMMERCIAL AND PRIVATE OPERATIONS
1. The authority citation for part 5 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 17j-2, 462.
2. Section 5.4(a) is amended by revising in the first sentence the
parenthetical phrase ``(prohibition does not apply to that portion of
the park road from the Sherburne entrance to the Many Glacier area)'',
to read as follows:
Sec. 5.4 Commercial passenger-carrying motor vehicles.
(a) *** (prohibition does not apply to nonscheduled tours in
portions of the park road as defined in Sec. 7.3 of this chapter) ***
* * * * *
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
4. The authority citation for part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).
5. Section 7.3 is amended by revising paragraph (a), removing
paragraph (b) and redesignating paragraph (f) as new paragraph (b) and
revising it, revising paragraph (c), and redesignating paragraph (g) as
new paragraph (f), to read as follows:
Sec. 7.3 Glacier National Park.
(a) Fishing. (1) Fishing conditions or restrictions, based on
management objectives described in the park's Resource Management Plan,
are established annually by the Superintendent.
(2) The Superintendent may impose closures and establish conditions
or restrictions, in accordance with the criteria and procedures of
Secs. 1.5 and 1.7 of this chapter, on any activity pertaining to
fishing, including but not limited to species of fish that may be
taken, seasons and hours during which fishing may take place, methods
of taking, size, location, and possession limits.
(3) Fishing in closed waters or in violation of a condition or
restriction established by the Superintendent is prohibited.
(b) Motorized vessels. (1) On Bowman and Two Medicine Lakes, the
operation of a motorized vessel is limited to a vessel equipped with an
outboard motor not to exceed 10 horsepower. On Two Medicine Lake, this
restriction does not apply to sightseeing vessels operated by an
authorized concessioner.
(2) On Swiftcurrent Lake, the operation of a motorized vessel,
except a sightseeing vessel operated by an authorized concessioner, is
prohibited.
(3) On Kintla Lake, the operation of a motorized vessel is
prohibited.
(c) Commercial passenger-carrying motor vehicles. (1) The
prohibition against the commercial transportation of passengers by
motor vehicles in Glacier National Park contained in Sec. 5.4 of this
chapter shall not apply on those portions of the park roads from
Sherburne entrance to the Many Glacier area; from Two Medicine entrance
to Two Medicine Lake; from West Glacier entrance to the Camas Entrance;
U.S. Highway 2 from Walton to Java; and the Going-to-the Sun Road from
West Glacier entrance to Lake McDonald Lodge and from St. Mary entrance
to Rising Sun.
(2) The operation of a motor vehicle on roads identified in
paragraph (c)(1) of this section, on a general, infrequent, and
nonscheduled tour in which the visit to the park is incidental to such
tour, and carrying only round-trip passengers traveling from the point
of origin of the tour, is allowed. Such tours shall not provide, in
effect, a regular and duplicating service conflicting with, or in
competition with, the tours provided for the public pursuant to
contract authorization from the Secretary as determined by the
Superintendent.
* * * * *
Dated: February 26, 1994.
George T. Frampton, Jr.
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-7263 Filed 3-30-94; 8:45 am]
BILLING CODE 4310-70-P
