Glacier Bay National Park, Alaska: Vessel Management Plan Regulations

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.

-----------------------------------------------------------------------

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