[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35839-35842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16965]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Parts 5 and 7
RIN 1024-AC15
Glacier National Park; Fishing Regulations, Motorboat Regulations
and Commercial Passenger-Carrying Motor Vehicle Regulations
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service is publishing final rules for
Glacier National Park revising its current regulations regarding sport
fishing, motorboats and commercial passenger-carrying motor vehicles.
The National Park Service (NPS) is replacing the current Glacier
National Park fishing regulations with a regulation that gives the Park
Superintendent more discretion in managing the Park's fisheries. This
final rule will continue to allow fishing in most streams, rivers and
lakes in Glacier National Park. The Superintendent, however, will have
the authority to close areas to fishing or establish conditions for
fishing consistent with the park's fisheries program objectives,
without going through the formal rulemaking process. As a consequence,
the park will be more responsive to the changing needs of its fisheries
program.
Effects of this rule are expected to be minimal and should not
alter, to any degree, the number of angler days presently occurring.
The NPS is modifying the motorboat regulations in Glacier National
Park. This final rule change will prohibit motorboat use on Kintla
Lake, located within the North Fork area of the park. The 1974 Glacier
Environmental Statement/Wilderness Recommendation included Kintla Lake
as recommended wilderness and indicated that if Congress designated
this area as wilderness, motorboating--a traditional activity on Kintla
Lake--would be eliminated. Glacier's 1992 North Fork Management Plan's
preferred alternative includes the prohibition of motorboats on Kintla
Lake. With this change in place, the park staff will be able to more
effectively protect wilderness values and accomplish the management
goals and objectives outlined in the North Fork Management Plan.
Effects of this rule are expected to be minimal in terms of the number
of park visitors affected. A small group of motorboat users will be
displaced from Kintla Lake. However, a more desirable wilderness
experience will be provided for users of non-motorized craft to enjoy
solitude and quiet without the disruption of motor noise.
The NPS is modifying the commercial passenger-carrying motor
vehicle regulations for Glacier National Park. This final rule change
will clarify the exceptions to the prohibition within Glacier National
Park and will expand the areas of the park where non-permitted
commercial passenger-carrying motor vehicles are allowed. The effects
of this rule on tour operators will be to clarify and add consistency
to current restrictions. The modification of the existing regulation
will recognize and conform the regulations to the current practices of
the Park. Effects of this rule on the visitor are expected to be
minimal.
EFFECTIVE DATE: August 11, 1995.
FOR FURTHER INFORMATION CONTACT: Fred Vanhorn, (406) 888-5441.
[[Page 35840]]
SUPPLEMENTARY INFORMATION:
The proposed rule for these regulations was published in the
Federal Register on Mar. 31, 1994, at 59 FR 15142.
Background
Fishing Regulations
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 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 same in ways that maintain natural
conditions''. Thus, 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.
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. This management objective necessitates both a
philosophical and literal distinction between recreational angling and
removing fish for consumption. Protective policies of the NPS that have
prevented significant degradation of that 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 for visitor
protection.
Because of the introduction of non-native fish in the past, the
invasion of non-native fish from outside the park at present, the
recognition of the westslope cutthroat and bull trout as species of
special concern by the State of Montana, and fishing pressure 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 new park fishing regulations will allow the Superintendent the
ability to make routine changes in the regulations locally and in a
timely manner, using discretionary authority provided by NPS general
regulations found at 36 CFR 1.5. 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 restrictions established by the Superintendent
will be provided through signs, maps, brochures, newspaper notices and
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.
The park's fishing regulations will be reviewed annually and made a
part of the Superintendent's compendium.
Motorboat Regulations
The present Glacier National Park motorboat regulations are
codified in 36 CFR 7.3(f). They limit motorboats and motor vessels to
ten (10) horsepower or less on Kintla, Bowman and Two Medicine Lakes.
This restriction does not apply to sightseeing vessels operated by an
authorized concessioner on Two Medicine Lake. They also prohibit 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. It is stated that ``the Wilderness
Act authorized 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''.
The 1974 Glacier Environmental Statement/Wilderness Recommendation
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. The original recommendation was modified in 1984 to permit
motorboats of up to ten (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 need for motorboating on Kintla Lake and the
potential impacts of continuing or prohibiting this use was assessed in
the 1992 North Fork Management Plan.
The 1992 Plan calls for 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 only. Routine patrols would be made by non-motorized
watercraft.
The following goals and objectives, developed by the NPS to guide
use and management of the North Fork, relate directly to this rule
change. They are based on public use surveys and general perceptions of
the area and are included in the North Fork Management Plan:
Goal:
* ``To maintain the dynamic natural ecosystem.''
Objectives:
* ``To continue to manage the portion of the North Fork area that
has been recommended for wilderness according to NPS wilderness
management policies.''
* ``To maintain the quality and natural flow of park waters.''
* ``To minimize man-made noise.''
Goal:
* ``To maintain the area's value as a wilderness threshold.''
Objectives:
* ``To maintain a primitive atmosphere associated with an earlier
point in time and to provide facilities, services, and programs in
keeping with that atmosphere.''
* ``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.''
The new motorboat regulations will allow the Superintendent to
manage the
[[Page 35841]]
Kintla Lake area in accordance with the 1992 North Fork Management Plan
(approved May 20, 1992). Public notice of the motorboat prohibition on
Kintla Lake will be provided through signs, maps, brochures, and media
news releases.
Commercial Passenger-Carrying Motor Vehicle Regulations
The present Glacier National Park commercial passenger-carrying
motor vehicle regulations are codified in 36 CFR 5.4(a) (Commercial
passenger-carrying motor vehicles). It prohibits 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 36 CFR 7.3 (Special Regulations, Glacier National Park).
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 that 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 from the west as far as Lake
McDonald Lodge, 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 as well as the tour operators.
The NPS has amended Section 5.4(a) to allow the exceptions as
listed in Section 7.3(f) (revised) to show when and where these
restrictions do not apply.
The final regulations 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.
Comments Received
The public had extensive opportunity to comment on this rule during
the proposed rulemaking process and during the development of the
Management Plan Environmental Assessment for the North Fork Study Area.
Comments received were taken into consideration in the formulation of
this final rule. During the public comment period of the proposed rule,
only one letter was received from the public requesting additional
information, which the park provided.
Drafting Information
The primary authors of the final fishing regulation are Dr. Leo
Marnell, Aquatic Biologist, and William Michels, Natural Resource
Specialist, Glacier National Park.
The primary author of the final commercial vehicle regulation is
Fred Vanhorn, Protection Specialist, Glacier National Park.
The primary author of the final motorboat regulation is Roger L.
Semler, Wilderness Manager, Glacier National Park.
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget under 44 USC
3501 et seq.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of the Interior has
determined that this document will not have a significant economic
effect on a substantial number of small entities under the Regulatory
Flexibility Act (5 USC 601 et seq.). The economic effects of this
rulemaking are local in nature and negligible in scope.
The NPS has determined that this final rulemaking will not have a
significant effect on the quality of the human environment, health and
safety because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) Introduce incompatible uses which compromise the nature and
character of the area or causing physical damage to it;
(c) Conflict with adjacent ownerships or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based on this determination, the regulation is categorically
excluded from the procedural requirements of the National Environmental
Policy Act (NEPA; 42 USC 4321, et seq.), and by Departmental guidelines
in 516 DM 6 (49 FR 21438). As such, neither an Environmental Assessment
(EA) nor an Environmental Impact Statement (EIS) has not been prepared.
List of Subjects in 36 CFR Parts 5 and 7
National parks; Reporting and recordkeeping requirements.
In consideration of the foregoing, 36 CFR chapter I, parts 5 and 7
are amended 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 on
portions of the park road as defined in Sec. 7.3 of this chapter) * * *
* * * * *
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
3. 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 80-137 (1981) and D.C. Code 40-721 (1981).
4. Section 7.3 is amended by revising paragraphs (a), removing
paragraphs (b) and (c), redesignating paragraph (d) as new paragraph
(b), redesignating paragraph (e) as new paragraph (c), redesignating
paragraph (f) as new paragraph (d) and revising it, redesignating
paragraph (g) as new
[[Page 35842]]
paragraph (e) and adding the heading ``Canadian dollars'', and adding
new paragraph (f) to read as follows:
Sec. 7.3 Glacier National Park.
(a) Fishing. (1) Fishing regulations, 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, or 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 violation of a condition or restriction established
by the Superintendent is prohibited.
* * * * *
(d) Motorboats. (1) Motorboats and motor vessels are limited to ten
(10) horsepower or less on Bowman and Two Medicine Lakes. This
restriction does not apply to sightseeing vessels operated by an
authorized concessioner on Two Medicine Lake.
(2) All motorboats and motor vessels except the authorized,
concessioner-operated, sightseeing vessels are prohibited on
Swiftcurrent Lake.
(3) The operation of all motorboats and motor vessels are
prohibited on Kintla Lake.
* * * * *
(f) Commercial passenger-carrying motor vehicles. The prohibition
against the commercial transportation of passengers by motor vehicles
to Glacier National Park, contained in Sec. 5.4 of this chapter, shall
be subject to the following exceptions:
(1) Commercial transport of passengers by motor vehicles 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 will be
permitted.
(2) Commercial passenger-carrying motor vehicles operated in the
above areas, 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,
will be accorded admission to the park. 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: June 16, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-16965 Filed 7-11-95; 8:45 am]
BILLING CODE 4310-70-P
