Glacier National Park; Fishing Regulations, Motorboat Regulations and Commercial Passenger-Carrying Motor Vehicle Regulations

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]

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