Glacier Bay National Park, Alaska; Commercial Fishing Regulations

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024-AB99

Glacier Bay National Park, Alaska; Commercial Fishing Regulations

AGENCY: National Park Service, Interior.

ACTION: Proposed rule; withdrawal of earlier proposed rule.

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SUMMARY: The National Park Service (NPS) proposes this rule to provide

the legal basis for reinitiating public discussion in order to arrive

at a prompt final resolution of the longstanding controversy concerning

commercial fishing activities in Glacier Bay National Park (NP) by the

end of 1997. In addition to seeking comments, NPS expects during the

comment period to continue discussions on the record with interested

parties including the State of Alaska.

The proposed rule, intended to provide a framework for enhanced

review and comment by all interested parties, would implement fair

measures to ensure protection of the values and purposes of Glacier Bay

NP, including the preservation, enjoyment, and scientific value of the

park's unique marine ecosystem. In general, the proposed rule would

prohibit all commercial fishing in Glacier Bay proper but provide

certain limited exemptions over a 15 year phase-out period, and

authorize established commercial fishing in the park's marine waters

outside Glacier Bay proper subject to reexamination at the end of 15

years.

To authorize the specific commercial fishing activities, the

proposed rule would provide specific exemptions for Glacier Bay NP from

the nationwide prohibition on such activities in units of the National

Park System. For the phase-out in Glacier Bay proper, the proposed rule

would exempt qualifying commercial fishermen who can demonstrate a

reasonable history of participation in a specific fishery to continue

fishing for a limited period of time on a seasonal basis. For the

marine waters outside Glacier Bay proper, the proposed rule would

generally exempt existing commercial fishing activities under a

Federal-State cooperative management program consistent with protection

of park resource values.

With respect to designated wilderness waters in Glacier Bay NP,

since the Wilderness Act prohibits this kind of commercial enterprise

in designated wilderness, commercial fishing activities must cease in

these areas. However, certain crab fishermen essential to an existing

multi-agency research project in the Beardslee Islands area may be

authorized to take crab in the locations specified by the research

project for the remaining five to seven years of the project pursuant

to a ``research project'' special use permit. NPS has previously

determined that this research project is consistent with, and is likely

to produce significant benefits for, wilderness resource management.

The proposed rule would not address legislatively authorized

commercial fishing and related activities in the Dry Bay area of

Glacier Bay National Preserve.

This proposed rule supersedes and withdraws a previously proposed

rulemaking on this subject published on August 5, 1991 (56 FR 37262).

DATES: Written comments postmarked on or before October 15, 1997, will

be accepted. For information on public meetings and discussion

sessions, see Public Participation at the end of

SUPPLEMENTARY INFORMATION:

ADDRESSES: Comments should be directed to James M. Brady,

Superintendent, Glacier Bay National Park and Preserve, P.O. Box 140,

Gustavus, Alaska 99826.

FOR FURTHER INFORMATION CONTACT: James M. Brady, Superintendent,

National Park Service, Glacier Bay National Park and Preserve, P.O. Box

140, Gustavus, Alaska, 99827, telephone: (907) 697-2230.

SUPPLEMENTARY INFORMATION:

Background

Establishment of Glacier Bay National Park and Preserve

Glacier Bay National Monument was established by presidential

proclamation dated February 26, 1925. 43 Stat. 1988. The monument was

established to protect a number of tidewater and other glaciers, and a

variety of post glacial forest and other vegetative covering, and also

to provide opportunities for scientific study of glacial activity and

post glacial biological succession. 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 marine

waters consisting 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 to the south and Sea Otter Creek, north of Cape

Fairweather.

Glacier Bay National Monument was redesignated as Glacier Bay

National Park and Preserve and enlarged in 1980 by the Alaska National

Interest Lands Conservation Act (ANILCA). 16 U.S.C.

[[Page 18548]]

410hh-1; see Sen. Rep. No. 413, 96th Cong., 1st Sess. 163 (1979). The

legislative history of ANILCA indicates 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.'' Id. at 137; see ____ Cong. Rec. H10532 (1980). Congress

described the park as including the marine waters, and depicted the

park accordingly on the official maps.

In addition, ANILCA designated several areas containing marine

waters within and near Glacier Bay proper as additions to the National

Wilderness Preservation System. 16 U.S.C. 1132 note. These areas

include upper Dundas Bay, Adams Inlet, the Hugh Miller Inlet complex,

and waters in and around the Beardslee Islands.

As a result of the above actions, Glacier Bay National Park

contains the largest protected marine ecosystem on the Pacific Coast of

North America. It provides valuable opportunities to study and enjoy

marine flora and fauna in an unimpaired state, and to educate the

public about the biological richness of this marine system and its

dynamic interaction with glacial and terrestrial systems.

Management of Glacier Bay National Park and Preserve

In addition to the national monument proclamations and relevant

ANILCA provisions, the management of Glacier Bay National Park and

Preserve is governed by the NPS Organic Act, 16 U.S.C. Section 1, et

seq. The NPS Organic Act authorizes the Secretary of the Interior 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.'' Id.

Section 1. This act further directs that ``[t]he 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.'' Id. Section 1a-1.

The NPS Organic Act authorizes the Secretary 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.'' Id. Section 3. The

Secretary has additional specific authority to ``promulgate 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 * * *.'' Id.

Section 1a-2(h).

The designated wilderness areas within Glacier Bay NP, including

the marine areas, are additionally governed by the Wilderness Act, id.

section Sec. 1131, et seq., which defines wilderness ``as an area where

the earth and its community of life are untrammeled by man, where man

himself is a visitor who does not remain.'' The Wilderness Act requires

that wilderness be ``administered for the use and enjoyment of the

American people in such manner as will leave them unimpaired for future

use and enjoyment as wilderness, and so as to provide for the

protection of these areas, the preservation of their wilderness

character, and for the gathering and dissemination of information

regarding their use and enjoyment as wilderness.'' Id. Section 1131(a).

Among other things, the Wilderness Act prohibits ``commercial

enterprise * * * within any wilderness area * * * except as necessary

to meet minimum requirements for the administration of the area for the

purpose of this Act * * *'' Id. Section 1133(c).

Commercial Fishing History

The marine waters of Glacier Bay National Park have been fished

commercially since prior to the establishment of Glacier Bay National

Monument. Commercial fishing continued under federal regulation after

the national monument's establishment in 1925 and its subsequent

enlargement in 1939. Since 1966, however, regulation and legislation

have prohibited commercial fishing in Glacier Bay National Monument and

Glacier Bay National Park. Nontheless, commercial fishing is still

occuring in Glacier Bay National Park.

The Act of June 6, 1934, 43 Stat. 464, authorized the Secretary of

Commerce to ``set apart and reserve fishing areas in any of the waters

of Alaska* * *and within such areas * * * establish closed seasons

during which fishing may be limited or prohibited * * * .'' The first

Alaska Fishery Regulations of the Bureau of Fisheries, promulgated

between 1937 and 1939, addressed fisheries in an area designated as the

Icy Strait district including Glacier Bay National Monument. See 2 FR

305 (February 12, 1937); 4 FR 927 (February 15, 1939). Those

regulations, and regulations promulgated by the U.S. Fish and Wildlife

Service (FWS) between 1941 and 1959, set allowances for and

restrictions on commercial fisheries in areas within the boundaries of

Glacier Bay National Monument. See 6 FR 1252 (March 4, 1941), 50 CFR

Part 222; 16 FR 2158 (1951), 50 CFR Part 117; 24 FR 2153 (March 19,

1959), 50 CFR Part 115.

Early NPS fishing regulations prohibited any type of fishing ``with

nets, seines, traps, or by the use of drugs or explosives, or for

merchandise or profit, or in any other way than with hook and line, the

rod or line being held in the hand * * *.'' 6 FR 1627 (March 26, 1941),

36 CFR 2.4. However, in conjunction with the aforementioned FWS

regulations, the 1941 NPS regulations also stated that ``commercial

fishing in the waters of Fort Jefferson and Glacier Bay National

Monuments is permitted under special regulations.'' Id. NPS regulations

continued to allow commercial fishing in Glacier Bay National Monument

through 1966 in accordance with special regulations approved by the

Secretary. See 20 FR 618 (1955), 36 CFR 1.4; 27 FR 6281 (July 3, 1962).

In 1966, NPS revised its fishing regulations so as to prohibit

commercial fishing activities in Glacier Bay National Monument.

Although the 1966 NPS regulations, unlike previous versions, only

prohibited fishing ``for merchandise and profit'' in fresh park waters,

these same regulations generally prohibited unauthorized commercial

activities, including commercial fishing, in all NPS areas. See 31 FR

16653, 16661 (December 29, 1966), 36 CFR Secs. 2.13(j)(2), 5.3. In

contrast to earlier NPS regulations, the 1966 regulations did not

contain specific authorization for commercial fishing in Glacier Bay

National Monument.

The 1978 NPS ``Management Policies'' reiterated that ``[c]ommercial

fishing is permitted only where authorized by law.'' Furthermore, in

1978, the Department of the Interior directed FWS to convene an Ad Hoc

Fisheries Task Force to review NPS fisheries management. See 45 FR

12304 (February 25, 1980). The task force concluded that the extraction

of fish for commercial purposes was a nonconforming use of park

resources which should be phased out.

As already noted, in 1980, ANILCA redesignated Glacier Bay National

[[Page 18549]]

Monument to Glacier Bay National Park and Preserve, enlarged the area,

and designated wilderness that included marine waters within the park.

16 U.S.C. 410hh-1, 1132 note. ANILCA specifically authorized certain

park areas where commercial fishing and related activities could

continue, including the Dry Bay area of Glacier Bay National Preserve

but not any area of Glacier Bay National Park. Id. section 410hh-4.

The 1983 revision of the NPS general regulations, still applicable,

included a prohibition on commercial fishing throughout marine and

fresh waters within park areas systemwide, unless specifically

authorized by law. 48 FR 30252, 30283; 36 CFR 2.3(d)(4). The 1988

version of NPS ``Management Policies,'' still current, reiterates this

approach.

However, certain NPS documents during the 1980's suggested that

some commercial fishing would continue in Glacier Bay. For example, the

1980 and 1985 Glacier Bay whale protection regulations implicitly

acknowledged commercial fishing operations in Glacier Bay proper. 36

CFR 13.65(b). Also, the park's 1984 General Management Plan stated the

following:

Traditional commercial fishing practices will continue to be

allowed throughout most park and preserve waters. However, no new

(nontraditional) fishery will be allowed by the National Park

Service. Halibut and salmon fishing and crabbing will not be

prohibited by the Park Service.

Commercial fishing will be prohibited in wilderness waters in

accordance with ANILCA and the Wilderness Act.

The General Management Plan defined ``traditional commercial

fishing practices'' to include ``trolling, long lining and pot fishing

for crab, and seining (Excursion Inlet only) in park waters * * *.''

General Management Plan at 51. Finally, the 1988 Final Environmental

Impact Statement concerning wilderness recommendations for Glacier Bay

National Park referred to the continuation of commercial fishing in

nonwilderness park waters.

Events Leading to This Proposed Rulemaking

NPS regulations have prohibited commercial fishing in Glacier Bay

National Park (and the predecessor National Monument) since 1966, and

the Wilderness Act has prohibited commercial fishing in the wilderness

waters within Glacier Bay NP since 1980, yet commercial fishing

activities have continued in both wilderness and non-wilderness areas

of the park. Since 1990, there have been attempts to resolve this

situation through litigation, an earlier proposed rulemaking, and

proposed legislation.

In 1990, the Alaska Wildlife Alliance and American Wildlands filed

a lawsuit challenging the NPS's failure to bar commercial fishing

activities from Glacier Bay NP. Alaska Wildlife Alliance v. Jensen, No.

A90-0345-CV (D. Ak.). In 1994, the district court concluded that

``there is no statutory ban on commercial fishing in Glacier Bay

National Park provided, however, that commercial fishing is prohibited

in that portion of Glacier Bay National Park designated as wilderness

area.'' An appeal of the district court's ruling is currently pending

before the U.S. Court of Appeals for the Ninth Circuit. Alaska Wildlife

Alliance v. Brady, Nos. 95-25151 and 95-35188 (9th Cir.).

Close to the time that the plaintiffs in the above litigation

embarked on a judicial approach to resolution of the commercial fishing

issues, the State of Alaska's Citizens Advisory Commission on Federal

Areas hosted a series of public meetings in local communities to

discuss the issues. After participating in these meetings, the NPS

decided to draft a regulatory approach to resolving the issues.

NPS published its proposed rule on August 5, 1991 (56 FR 37262). In

essence, the proposed rule would have (a) clarified the prohibition on

commercial fishing in designated wilderness waters, and (b) exempted

commercial fishing in other park waters from the nationwide regulatory

prohibition for a ``phase out'' period of seven years. NPS held ten

public meetings on the proposed rule, received over 300 comments, and

prepared drafts of a final rule. At the State's request, however, the

Department of the Interior refrained from issuing a final rule in 1993,

and instead agreed to discuss with State and Congressional staff the

possibility of resolving the issues through a legislative approach.

In 1992, Congress had considered but not enacted proposed

legislation on commercial fishing in Glacier Bay NP. During the 1993-

1994 discussions about legislative and regulatory possibilities, the

participants enhanced their understanding of the facts, interests,

options, and potential obstacles relevant to any final solution.

Although the discussions did not lead to a legislative proposal, they

have influenced the Department of the Interior's approach to this

proposed rulemaking.

Between Fall 1995 and Spring 1996, officials from Glacier Bay NP

and the Alaska Department of Fish and Game co-hosted several meetings

in southeast Alaska involving selected ``stakeholders'' interested in

trying to resolve the commercial fishing controversy.

Meanwhile during 1995 and 1996, NPS revised its management of

vessels at Glacier Bay National Park through issuance of a plan and

regulations. See 61 FR 27008 (May 30, 1996). Although the vessel

management rule exempted commercial fishing vessels (engaged in fishing

and properly licensed) from entry limits established for other

motorized vessels, the rule's closure of certain designated park waters

to motorized uses created the potential to affect certain commercial

fishermen. See 36 CFR Sec. 13.65(b)(3)(vii). In response to comments in

that rulemaking, NPS noted its separate efforts to address the future

of commercial fishing in Glacier Bay NP. 61 FR at 27013, 27015 (May 30,

1996).

Proposed Action on Commercial Fishing

Circumstances are now ripe to go forward with this new proposed

rulemaking effort, taking advantage of the momentum toward a solution

described above. This action authorizes full public participation, and

will serve to facilitate constructive discussion, and to craft a

comprehensive resolution to the controversy before the 1998 summer

visitor season at Glacier Bay NP. Toward these ends, NPS is today

proposing a rule that is, indeed, a proposal which can serve to

structure the anticipated public discussion.

The district court's decision in Alaska Wildlife Alliance v.

Jensen, above, upholding the NPS's interpretation of the NPS Organic

Act and the Wilderness Act, demonstrates that rulemaking action is

necessary. A rulemaking action can determine what commercial fishing

activities are appropriate in Glacier Bay NP's waters consistent with

the park's conservation and other objectives established by statute and

proclamation. Indeed, the currently applicable regulatory prohibition

on commercial fishing activities in all Glacier Bay NP waters

necessitates a rulemaking to authorize any commercial fishing

activities in the nonwilderness waters, even for purposes of ``phasing

out'' the activities over a specified time.

NPS has several objectives for this rulemaking. First, NPS seeks to

ensure fulfillment of the ``fundamental'' statutory purpose of the

park, i.e., preservation of park resources and values, which in Glacier

Bay NP includes protecting the park's marine ecosystem. Second, NPS

seeks to provide for the visitors' enjoyment of these resources and

values and to minimize conflicts among visitors

[[Page 18550]]

pursuing different yet appropriate park experiences. Third, NPS seeks

to provide unique opportunities for scientific study that will benefit

the public and enhance resource management. Balancing these objectives,

NPS also seeks to act fairly toward individual commercial fishermen

with a history of participation in park fisheries, to recognize the

important cultural ties that the Hoonah Tlingit people have with

respect to Glacier Bay, and to develop an effective partnership with

the State of Alaska through the cooperative management program for

Glacier Bay NP fisheries.

The proposed rule described below differs from the rule that NPS

would have proposed even a few years ago. Several factors have

influenced the shape of today's proposed rule, including the passage of

many years with the continuation of unauthorized commercial fishing

prohibitions in Glacier Bay; potential socioeconomic harm from

approaches that would mandate immediate implementation of prohibitions

throughout park waters; related equitable considerations for certain

fishermen with an historical pattern of use in park waters; the

existence of an exciting research project already underway in Glacier

Bay proper that can piggyback this rulemaking to expand scientific

understanding of the fishery resources and natural processes to

everyone's benefit. As participants in the 1995-1996 Alaska-based

discussions may perceive, the proposed rule borrows in large measure

from the consensus building process in which they were engaged, but

provides notice and encourages comment from all interested parties in

formulating the optimal solution for Glacier Bay NP, a widely cherished

unit of the National Park System.

Overview of Proposed Rule

The proposed rule would prohibit all commercial fishing activities

in Glacier Bay proper consistent with existing NPS regulation and

policy. This prohibition would bar all such activities during the

primary visitor use season beginning in 1998. NPS would offer a 15 year

exemption from the prohibition outside the primary visitor use season,

however, to accommodate a phase out for fishermen who can demonstrate

historical reliance on a specific Glacier Bay fishery. Qualifying

criteria for this exemption would include verified participation in the

fishery during six of the last ten years. Subject to the availability

of funds for this purpose, NPS (or a third party) could offer to

purchase and retire the 15 year exemption permits from fishermen

willing to sell them.

With respect to designated wilderness waters in Glacier Bay NP,

commercial fishing activities must cease in these areas in compliance

with the language and intent of the Wilderness Act as recently

confirmed in Alaska Wildlife Alliance v. Jensen, above. However,

certain crab fishermen who have been part of the existing multi-agency

research project in the Beardslee Islands area may be authorized to

take crab in the locations specified by the research project for the

remaining five to seven years of the project subject to a special use

permit.

The proposed rule would generally authorize commercial fishing to

continue in the marine waters outside Glacier Bay proper (the ``outer

waters'') by exempting such fishing from the otherwise applicable

National Park System-wide prohibition on commercial fishing. This

exemption would be subject to re-examination to allow consideration of

new scientific and other relevant information at the end of 15 years.

The proposed rule would restrict commercial fishing activities in the

outer waters to well established fisheries and gear types. Commercial

fishing activities in the outer waters, as well as those in Glacier Bay

proper during the phase out period, would be governed by a cooperative

fisheries management plan developed with the State of Alaska and

implemented through the Alaska Board of Fisheries subject to the

Secretary of the Interior's authority to protect park resource values.

The Secretary, through NPS, would cooperatively ensure adherence to the

plan under the provisions of 36 CFR 2.3(a) and 13.21(b).

Although the proposed rule as drafted does not contain a provision

requiring additional limitations on, or a phase out of, commercial

fishing in certain bays in the outer waters, NPS seeks comments on the

inclusion of such protections in special cases, particularly for Lituya

Bay on the Outer Coast and Dundas Bay in Icy Strait. These bays are

rich in biological resources and scenic beauty, and offer exceptional

opportunities for park visitors.

Glacier Bay

This proposed rule would prohibit commercial fishing in the

nonwilderness waters of Glacier Bay proper, but would provide a

seasonal exemption from that prohibition for 15 years for fishermen who

demonstrate a reasonable history of participation in a specific Glacier

Bay fishery.

Commercial Fishing Prohibition

The proposed rule would end commercial fishing in Glacier Bay

proper within 15 years. This action would bring Glacier Bay into

conformance not only with the general policy and rule applicable to

units of the National Park System, but also with the particular

objectives underlying the establishment of Glacier Bay National Park

and its predecessor Glacier Bay National Monument. The value of Glacier

Bay as a protected marine ecosystem, rich in biological resources and

special in its dynamic interactions with glacial and terrestrial

systems, has never been higher. Protected marine ecosystems are scarce

commodities. Examples of overfishing and overuse of marine waters have

become increasingly common. The commercial fishing ban in Glacier Bay

will enhance the protection of the park's ecological resources, while

also reducing a variety of use conflicts with visitors seeking the

kinds of recreational and inspirational experiences intended to be

provided by national parks.

Limited Exemption From Prohibition

The proposed rule would offer a limited exemption from the

prohibition on commercial fishing in Glacier Bay proper for purposes of

equitably phasing out the activities of fishermen who have developed an

historical reliance on a specific affected fishery. The key terms of

this limited exemption include the following:

(a) Fifteen Years. The exemption, and all commercial fishing in

Glacier Bay proper, would terminate in 15 years. This period of time

should allow fishermen reasonable opportunity, where necessary, to

adjust their fishing activities to areas outside Glacier Bay proper,

amortize their current investment in fishing vessels and gear, or in

many cases, continue fishing until retirement. In the 1991 proposed

rule, NPS offered a seven year exemption to phase out commercial

fishing in Glacier Bay NP, and the Department of the Interior

recommended a three to five year phase out of Glacier Bay proper during

the 1993-1994 discussions. The 15-year phase out proposed in this rule

responds to comments made by fishermen concerning the perceived

inadequacy of the seven year phase out proposed in the 1991 NPS

proposed rule. It also reflects a position that was emerging in the

1995-1996 Alaska-based discussions. NPS welcomes comment on the

appropriate length of the exemption period.

(b). Outside the Primary Visitor Use Season. The exemption would be

[[Page 18551]]

available throughout the 15 years only from October 1 to April 30,

i.e., outside the primary visitor use season in Glacier Bay proper.

Accordingly, beginning on May 1, 1998, commercial fishing would be

prohibited in Glacier Bay NP during the primary visitor season, May 1

through September 30, to achieve substantial reduction in resource

impacts and visitor use conflicts. NPS believes that the fishermen who

would likely be eligible to qualify for the exemption in Glacier Bay

proper (see criteria below) would generally be able to adjust their

fishing to the October through April time frame during the 15-year

phase out.

Glacier Bay National Park is truly a world-class park, with

spectacular resources and a rich cultural history. The park is one of

Alaska's premier visitor attractions, contributing significantly to the

tourism economy of local communities and Southeast Alaska. Park

visitation has doubled within the past ten years to over 300,000

visitors in 1996, a reflection of increasing visitor interest in the

park and Alaska. Visitor use, formerly concentrated in a few short

summer months, now encompasses an expanding visitor use season

stretching from April through September.

Commercial fishing vessels are currently the only motorized vessels

that are not expressly subject to entry limits and certain other

restrictions in Glacier Bay proper. Since NPS vessel regulations were

published for Glacier Bay in 1985 (50 FR 19886), the number of

motorized vessels allowed in Glacier Bay during the summer months,

including cruise ships, tour boats, charter vessels, and private boats,

has been closely regulated. The park's recently completed Vessel

Management Plan (1996) further refined the management of vessel traffic

within Glacier Bay, provided increased opportunities for visitor

access, enhanced protection of park resources (e.g., marine mammals and

sea birds), and facilitated a range of high quality recreational

opportunities for park visitors. All motorized vessels, with the sole

exception of commercial fishing vessels, have been limited to daily and

seasonal entry caps. Park regulations have also exempted commercial

fishing vessels from certain vessel maneuvering requirements designed

to minimize disturbance of endangered humpback whales within Glacier

Bay. In these respects, unauthorized and unregulated commercial fishing

vessel activity within Glacier Bay during the summer visitor use season

has been inconsistent with NPS vessel regulations designed to protect

park resources, provide for equitable public use of the park, and

enhance the quality of the visitor experience at Glacier Bay.

This visitor use season prohibition on commercial fishing

activities would minimize conflicts with other visitor activities,

including competition for--and, in some cases, gear conflicts within--

limited anchorages. Commercial fishing in Glacier Bay proper has

disturbed visitors seeking opportunities to experience nature, quiet,

solitude, or an escape from the indicia of modern civilization. This

visitor use season prohibition would also reduce the effect of

unlimited numbers of commercial fishing vessels on sensitive park

resources, and would improve the background conditions for critical

studies required by the Vessel Management Plan.

The visitor use season closure of Glacier Bay to commercial fishing

would almost exclusively affect Dungeness crab (June 15--August 15) and

halibut fisheries (March 15--November 15) under current State and

International Pacific Halibut Commission (IPHC) regulations. However,

federal and State fisheries regulations do permit fishing opportunities

for halibut and Dungeness crab during the October 1--April 30 exemption

period. Halibut, for example, would still be available for harvest in

Glacier Bay for three months under this proposed rule (March 15--April

30, and October 1--November 15); Dungeness crab for two months (October

1--November 30). Halibut fishermen, in particular, would have ample

opportunity to fish outside Glacier Bay during the proposed May 1--

September 30 prohibition period. Under the IPHC management system,

fishermen have eight months to fish within a large management area (of

which Glacier Bay is but a portion) to catch their allotted Individual

Fishing Quota (IFQ), i.e., pounds of halibut that may be harvested each

year. Very little trolling activity for salmon occurs in Glacier Bay

during the summer months under current fishing practices and State

regulations, and the proposed visitor use season prohibition would be

expected to have minimal impact on the activities of troll fishermen.

Although the proposed rule would bracket the visitor use season

from May 1 through September 30, NPS solicits comments on the use of a

different visitor use season during which all commercial fishing in

Glacier Bay proper would be prohibited beginning in 1998. In previous

comments and discussions, fishermen have suggested a shorter season

(June 1 though August 31), and others have suggested a ``middle''

position of May 15 through September 15.

(c) Grandfathered (i.e., Qualifying) Fishermen. The fifteen year

exemption would be available to individual owners of valid fishing

permits who can demonstrate a history of consistent participation in

the specific Glacier Bay fishery for which an exemption is sought. The

primary criteria would be documented participation in a given fishery

in Glacier Bay proper for at least six of the last ten years (1987-

1996), as supported by an affidavit, verified by a minimum number of

reported landings from within Glacier Bay each of the six years, and

perhaps corroborated by other supporting information. The minimum

number of landings required would vary by fishery. For halibut, salmon,

and tanner crab, the minimum number of landings in each qualifying year

would be one. Ten landings of Dungeness crab would be required in each

qualifying year. With these criteria, NPS would hope to identify those

fishermen with a consistent (not intermittent or long past) reliance on

a Glacier Bay fishery. NPS would also seek the assistance of the State

of Alaska, the International Pacific Halibut Commission, and other

knowledgeable sources in identifying valid permit owners who meet the

historical reliance criteria.

NPS would require those fishermen qualifying for the exemption from

the commercial fishing prohibition in Glacier Bay proper to obtain a

non-transferable (except for purposes of permit retirement) special use

permit from the Superintendent of Glacier Bay NP within two years

following the effective date of a final rule. The existing procedures

governing permit applications for activities in Alaska national park

areas would apply. See 36 CFR Sec. 13.31. Commercial fishing in Glacier

Bay proper without an NPS special use permit would be prohibited during

the 15-year exemption period. At the end of the 15-year exemption, all

special use permits would expire and all commercial fishing within

Glacier Bay proper would cease.

NPS welcomes comment on the proposed ``grandfathering'' criteria

and process.

(d). Exempted fisheries and gear types. Commercial fisheries

eligible for the 15-year exemption in Glacier Bay proper would include

trolling for salmon, long lining for halibut, and pot or ring net

fishing for Dungeness and tanner crab. These are the fisheries that

have consistently occurred within Glacier Bay for decades. All other

fisheries and gear types would be prohibited. Since 1985, NPS

regulations

[[Page 18552]]

have expressly prohibited commercial fishing for shrimp, herring and

whale prey species, and trawling in Glacier Bay. The exempted fisheries

would be governed under a cooperative fisheries management plan

developed by NPS and the State consistent with federal and non-

conflicting State regulations. The plan would be implemented through

the Alaska Board of Fisheries, with the Secretary retaining the

authority to protect park purposes and values under applicable law.

(e). Safe Harborage. Nothing in this proposed rulemaking, or

existing NPS regulations, would affect the ability of fishermen or

other vessel operators to seek safe harbor within Glacier Bay under

hazardous weather or sea conditions, when experiencing mechanical

problems, or in other exigent circumstances.

(f). Opportunity for ``Buy Out.'' Commercial fishermen who qualify

for and obtain a special use permit for the 15-year exemption as

outlined above might be willing to sell the permit to the NPS or a

third party for the sole purpose of retiring the permit. Subject to the

availability of funds for this purpose, NPS might be willing to buy

these permits, especially early in the 15-year exemption period, to

enable and encourage the fishermen who wish to pursue alternatives to

fishing in Glacier Bay proper. Any such ``buy out'' would require, at a

minimum, a willing seller, a willing buyer, and available funds.

Wilderness

This rulemaking reflects the Wilderness Act's statutory prohibition

on commercial fishing within designated wilderness. Within Glacier Bay

National Park, the wilderness waters of Dundas Bay, Rendu Inlet, Adams

Inlet, the Hugh Miller Inlet complex, and the Beardslee Islands would

continue to be closed to commercial fishing, a commercial enterprise

incompatible with the requirements of the Wilderness Act of 1964.

Outer Waters

Exemption from current NPS prohibition on commercial fishing

This proposed rule would provide an exemption from the existing

regulatory prohibition on commercial fishing in the nonwilderness

waters of the Park located outside Glacier Bay proper. Authorized

fisheries would be allowed to continue under a cooperative fisheries

management plan developed by the NPS and State of Alaska and

implemented through the Alaska Board of Fisheries. The NPS recognizes

the fisheries management expertise of the Board of Fisheries, and would

like to incorporate the use of this established regulatory and public

involvement process familiar to the fishing community. NPS management

objectives for the outer waters would be incorporated within this plan

and include limits on the significant expansion of ongoing fisheries;

protection of resident and sensitive fish species, including salmonid

populations that spawn within the park; protection of other park

wildlife and resources; and, minimization of conflicts with visitor

use. A cooperative fisheries management plan would be regularly

reviewed and evaluated with respect to achievement of State and NPS

management objectives, and modified as necessary. Where NPS management

objectives are not met under cooperative State/federal management, the

Secretary could move to close or modify ongoing fisheries to protect

park purposes and values following appropriate procedures, including

notice and hearing in the local area. Continued cooperative management

would be reevaluated at the end of 15 years.

The proposed fifteen year exemption from the existing prohibition

on commercial fishing in national park waters, with a re-examinaton of

scientific and other information at that time, differs in significant

respects from the seven-year exemption proposed by NPS in 1991, which

would have presumptively closed park waters to commercial fishing at

the end of the seven year exemption. This proposed rule responds to

concerns from the fishing community and State regarding the long-term

viability and importance of fisheries in the outer waters, particularly

the troll fishery for salmon, which--according to comments received on

the 1991 proposed rule--is of special importance and concern. NPS

invites comment on the duration and terms of the proposed exemption for

the ``outer waters.''

Gear Types

Fisheries authorized under this proposed rule would be delineated

in the cooperative management plan, and would be limited to those

species and gear types that have historically occurred and have

provided commercially viable fisheries. New fisheries and gear types,

or the expansion into the park of relatively new fisheries developing

in Southeast Alaska (e.g., sea urchins, sea cucumbers) and other

species not previously fished in the park, would be precluded. Gear

types would be limited to those that have been historically prevalent

in the outer waters: troll, long line, pots and ring nets, and purse

seine (Excursion Inlet only).

Lituya and Dundas Bays

Two bays in outer waters merit special consideration: Lituya Bay on

the Outer Coast and Dundas Bay in Icy Strait. These bays are arguably

unique among outside waters. Both are geologically, culturally, and

historically rich. Both provide sheltered habitat for marine life as

well as outstanding opportunities for recreation. NPS specifically

solicits public comment on whether these two special bays should be

afforded additional protection through limitations on commercial

fishing, including the possibility of a phase-out similar in approach

to that proposed for Glacier Bay proper.

Safe Harborage

This proposed rule would not affect the use of protected bays along

the park's outer waters for safe harborage. Safe harborage has always

been allowed and will be continued for any vessel.

Research

The continued closure of certain areas of Glacier Bay National Park

to commercial fishing as contemplated under this proposed rule presents

unique and extremely valuable opportunities for science. The

opportunity to pursue scientific endeavors about natural resources and

processes was a primary reason Glacier Bay was established as a

national monument in 1925. Indeed, Glacier Bay National Park has a

distinguished scientific history.

NPS intends to work closely with the State, the scientific

community, other fisheries, protected area managers, and the public to

evaluate opportunities for carefully considered and designed

cooperative studies presented by the proposal under consideration. A

cooperative State and NPS fisheries management plan would, in part,

identify cooperative research needs and opportunities that can benefit

conservation of resources in the Park, and contribute toward models for

sustainable fisheries and economies throughout Alaska and elsewhere.

Dungeness Crab Study

The ongoing MADS (Multi-Agency Dungeness Studies) is a cooperative

project initiated in 1992 by the National Marine Fisheries Service,

University of Alaska, Fairbanks, and the Biological Resources Division

(BRD) of the U. S. Geological Service (USGS) (formerly National

Biological Service). Phase I of the MADS study gathered data

[[Page 18553]]

characterizing the size and structure of the Dungeness crab population

at selected sites in Glacier Bay. Phase II of the study (five to seven

years) requires both closed and open fishing areas for Dungeness crab

within the Beardslee Islands study area, including Bartlett Cove;

population parameters in the fished sites will be compared to sites

closed to fishing. The information established by this study will

provide an invaluable baseline for monitoring these areas with

different fishing histories over time.

NPS had previously determined that the aspect of this scientific

research that requires limited harvesting within the Beardslee Island

wilderness comports with the restrictive criteria applicable to

approving scientific research in a wilderness area, including the

following: the project is of minimal impact and duration, its

information is likely to be of great value for resource protection and

protected area management purposes, and alternative locations are not

available. Controlled experiments testing the impact of human

exploitation on the population structure of harvested marine species

are rare. Typically, areas that have been fished in the past are not

available to study as ``unfished'' areas until the fishery has

``crashed,'' i.e., been depleted. Comparison of the crab population

structure in fished and non-fished areas in Glacier Bay NP during this

transitional period will markedly enhance the information base

available to NPS managers in evaluating the relationship between

fishing activities and the protection of park/wilderness resources, and

will also be valuable in quantifying the recovery of wilderness waters

to an unexploited state. Furthermore, such information should prove

valuable to all agencies involved in fisheries management in Alaska and

elsewhere.

A small number of fishermen with an extensive knowledge of the

Beardslee Islands Dungeness fishery may be authorized to participate in

the study under a ``research project'' special use permit from the NPS.

For the stability of the study and principles of equitable selection,

participation in the study would be limited to those fishermen who meet

the criteria for fishing in Glacier Bay during the fifteen year

exemptive period, and have a personal history of Dungeness crab fishing

within the Beardslee Islands. Additional criteria may be considered if

the number of eligible participants exceeds study needs. Fishing

activities during the study would continue consistent with applicable

State regulations, including the summer Dungeness fishery, currently

June 15--August 15. The participation in this research project does not

preclude the fishermen from qualifying separately to fish in

nonwilderness waters outside the study area.

The proposed rule would close Bartlett Cove (defined as that area

of the cove enclosed by a line drawn between Halibut and Lester Points)

and a portion of the Beardslee Island waters to all fishing for

Dungeness crab (including sport and personal use) for the purposes and

duration of study through December 31, 2002. Maps and charts would be

available from the Superintendent delineating the closure area. The

closure would not affect fishing opportunities for other species, as

otherwise allowed under federal and non-conflicting State regulations.

Halibut Study Proposal

The NPS is specifically seeking public comment at this time on a

halibut study that would measure the effects of commercial harvest on

halibut in Glacier Bay proper. Since 1992, research on Pacific halibut

in Glacier Bay has concentrated on the many unanswered questions about

the basic life history and ecological relationships of the species. New

knowledge about the behavior of halibut, including their use of small

home ranges, site fidelity, and the retention of reproductive

individuals in Glacier Bay throughout the year, combined with the

species' slow maturation and highly age-dependent reproduction,

indicates that halibut have a high potential to experience local

depletion through fishing. Thus, this species is a good candidate for

additional protection and for examining the effects of commercial

fishing by comparing open and closed areas. Through experimental

closures, an understanding can be gained of the effects of fishing on

halibut population size and structure, as well as any cascade effects

on prey species.

The halibut study would require the closure of Glacier Bay above

Strawberry Island within the next few years, and would compare catch

per unit effort and size structure of the halibut in the closed area to

a similar study site in Icy Strait where commercial halibut fishing

would continue. Although this experimental closure, as proposed for

review and comment, would substantially reduce the area available

within Glacier Bay for commercial halibut fishing during the 15-year

exemption period, it would not be expected to have an equivalent impact

on harvest. Available harvest data indicates a majority (> 50%) of

halibut harvested in Glacier Bay are taken from the area of Glacier Bay

which would remain open to fishing under this study proposal.

Available biological data correlates with the harvest data,

indicating highest numbers of halibut in the lower reaches of Glacier

Bay and very few in the upper reaches. Under this study proposal,

fishermen would continue to have access to the most productive area in

Glacier Bay to harvest their IFQ shares of halibut.

The halibut study outlined above would allow fisheries managers an

unparalleled opportunity to measure the effects of commercial fishing

on halibut. This information is extremely important to the management

and protection of halibut fisheries in and out of the Park, and serves

to illustrate the potential benefits Glacier Bay National Park holds

for science and the long-term conservation of fisheries resources.

Hoonah Tlingit Cultural Fishery

NPS and the Hoonah Indian Association (HIA), a federally recognized

tribal entity, signed a Memorandum of Understanding in 1996, committing

to work cooperatively to protect the cultural heritage of the Hoonah

Tlingit, explore ways to recognize and honor the Tlingit's cultural

connection to Glacier Bay, and allow for--and preserve--cultural

activities compatible with park objectives. Toward that end, NPS will

work with HIA to develop a cultural fishery program designed to

preserve and pass on traditional native fishing methods. The State of

Alaska's educational fishery program may serve as a vehicle for

developing such a program.

Pending Environmental Assessment: Alternatives under Consideration

A forthcoming Environmental Assessment on commercial fishing within

Glacier Bay National Park will more fully describe and analyze the

potential effects of a range of alternative actions under consideration

by the NPS. Brief descriptions of the draft alternatives under

consideration follow and are offered to solicit preliminary public

review and comment. A public review and comment period will be provided

for the Environmental Assessment and the proposed rule together. NPS

will hold public meetings on the proposal and the alternatives and

publish a schedule of times, dates and locations in the Federal

Register. NPS has not made any final decisions regarding any proposals

described herein. No final decisions will be reached until all

applicable legal

[[Page 18554]]

requirements have been met, including environmental review

requirements.

Alternative A (No Action)

This alternative would leave in place the current regulations

prohibiting commercial fishing activities within Glacier Bay National

Park. Enforcement of the regulation would result in the cessation of

all commercial fisheries in Park waters. NPS would explore possible

mitigation mechanisms for affected fishermen. In addition, the NPS, in

cooperation with the State of Alaska, the Biological Research Division,

and other research entities, would explore opportunities to facilitate

fishery research. This alternative would not require regulatory or

legislative action.

Alternative B

This alternative would provide short-term, year round commercial

fishing opportunities through a five-year exemption from the existing

NPS regulatory prohibition on commercial fishing in Glacier Bay proper

and a longer, fifteen year exemption in waters of the Park located

outside Glacier Bay. The statutory prohibition on commercial fishing in

designated wilderness areas would be reflected in the regulations.

Fishing may be continued in specific locations in the Beardslee Islands

as part of an ongoing scientific study of Dungeness crabs for a period

of five years.

The five-year exemption in Glacier Bay would be available only to

individual fishing vessel/permit owners who can demonstrate a history

of consistent participation in each specific Glacier Bay fishery. The

primary criteria would be documented participation in a given fishery

for at least six of the last ten years (1987-1996), as verified by a

minimum number of reported Glacier Bay fish landings and ownership of

the appropriate fisheries permit(s), effective 1996. Fishermen not

meeting criteria demonstrating consistent participation in fisheries,

who have used the Bay only intermittently or in recent years, would not

be allowed to fish in Glacier Bay.

Fisheries located outside Glacier Bay proper would be allowed to

continue under a cooperative fisheries management plan developed with

the State of Alaska and implemented through the Alaska Board of

Fisheries for 15 years. During the 15-year period studies and research

regarding the relationship of commercial fishing uses to park resources

and values would be conducted. If data from such studies indicate that

certain levels and/or types of commercial fishing can compatibly

coexist with conserving park resources in an unimpaired state, then the

NPS may allow closely monitored commercial fisheries at prescribed

levels after the 15-year period.

Alternative C (Proposed Action)

Alternative C would allow continued fishing in the Park's marine

waters outside Glacier Bay proper, subject to achievement of NPS

management objectives as would be defined in a cooperative management

plan developed with the State. The regulations will reflect the

statutory prohibition against commercial fishing in designated

wilderness waters. Fishermen with a consistent history of participation

would continue to fish within Glacier Bay for halibut, Dungeness and

tanner crab, and salmon during a 15-year exemption period. Glacier Bay

would close to commercial fishing during the visitor use season, May

1--September 30, to minimize conflicts with visitor use and Vessel

Management Plan objectives. A research study on Dungeness crab would

occur in the Beardslee Islands requiring closure of part of the

Beardslee Islands, and Bartlett Cove, to all Dungeness crab fishing for

a five-year study period; an additional research opportunity for

halibut is suggested for public comment.

Alternative D (Continued Fishing)

Alternative D would allow continued fisheries harvest at the

highest possible level while protecting park resources. This

alternative, to the extent possible, would seek to allow local

individuals to continue a traditional fishing lifestyle, promote and

sustain fishing culture and maintain the economic viability of small

business interests in Glacier Bay National Park and adjacent

communities. With the exception of some fisheries, most would be

authorized to continue throughout Glacier Bay National Park. This

alternative would prohibit fisheries for those species vulnerable to

over harvest (i.e., all king crab species, all rockfish species and

ling cod), fisheries causing unacceptable habitat degradation (i.e.,

weathervane scallop dredge fishery), and trawling. The statutory

prohibition on commercial fishing in Wilderness would be reflected in

the regulations. This alternative would require a fisheries research

and management program to obtain new information and assemble existing

fisheries data for periodic evaluation regarding continued viability of

fisheries. Periodic review would be accomplished by the NPS in

consultation with appropriate fisheries management agencies.

Alternative D would also require regulatory action to authorize

commercial fisheries in park waters.

Section-by-Section Analysis

Paragraph (a)(1) would provide an exception, for the non-wilderness

marine waters of Glacier Bay National Park, from the general NPS

prohibition on commercial fishing; subparagraph (i) clarifies that

wilderness waters remain statutorily closed.

Subparagraph (ii)(A) would require an NPS issued permit to conduct

commercial fishing activities in Glacier Bay proper; (ii)(B) would

establish eligibility and application requirements for commercial

fishing in the Bay; (ii)(C) would establish an October 1 through April

30, non-renewable 15-year exemption period for commercial fishing in

the Bay; commercial species and methods of take that would be allowed

within the Bay are proposed in (ii)(D).

Subparagraph (iii)(A)-(B) would authorize the existing, prevalent

commercial fishing operations in the other marine waters of the Park

for a period of 15 years under a cooperative Federal/State management

plan; (iii)(C) would require reexamination of continued commercial

fishing under the cooperative agreement, based on the best scientific

information and in consideration of park values and purposes, in the

outer waters of the park at the end of the 15-year period.

Paragraph (a)(2) prohibits fishing for Dungeness crab within

Beardslee Island study area, including Bartlett Cove, until December

31, 2002, except as authorized by a research permit. This will allow

NPS/USGS BRD to complete the Multi-Agency Dungeness Studies initiated

in 1992 by National Marine Fisheries Service and the University of

Alaska, Fairbanks. The closure would not effect fishing opportunities

for other species.

Paragraphs (b)(5)--(6) that prohibit both commercial harvest of

species identified as whale prey and methods that remove these species

are proposed to be withdrawn and reserved; paragraph (a)(1)(ii)(D)

would replace them.

Drafting Information: The primary authors of this rule are Molly N.

Ross, Office of the Assistant Secretary for Fish and Wildlife and

Parks, Department of the Interior, Washington, D.C., Randy L. King,

Chief Ranger, Glacier Bay National Park and Preserve, and Russel J.

Wilson, Alaska Desk Officer, National Park Service, Washington, D.C.

Other contributing National Park Service employees include: John W.

Hiscock, Marvin Jensen, Mary Beth Moss, and Chad Soiseth.

[[Page 18555]]

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. Accordingly, interested persons may submit written

comments regarding this proposed rule to the address noted at the

beginning of this rulemaking. The NPS will review all comments and

consider making changes to the rule based upon a thorough analysis of

the comments. NPS will schedule and provide specific notice of public

meetings and discussion sessions in various locations during the

comment period.

Paperwork Reduction Act

The collection of information contained in section 13.65

(a)(1)(ii)(B) this rule is for the purpose of issuing a permit to allow

a continuation of commercial fishing in Glacier Bay National Park based

upon historical justification. The information collected will be used

to determine who qualifies for the issuance of a permit. The obligation

to respond is required to obtain a permit.

Specifically, the NPS needs the following information to issue a

permit:

(1) Applicants name, address and date of birth.

(2) Vessel name, registration, ADF&G license numbers and

description.

(3) Alaska Limited Entry/Interim Use Permit Card Number.

(4) Halibut Commission license number.

(5) Fishery description/gear type.

(6) Documented fish landings (1987-1996).

NPS has submitted the necessary documentation to the Office of

Management and Budget under 44 U.S.C. 3501, et seq., requesting

approval for the collection of this information for all areas covered

by this rule. A document will be published in the Federal Register

establishing an effective date for Sec. 13.65(a)(1)(ii)(B) when that

approval is received from OMB.

The public reporting burden for the collection of this information

is estimated to average less than two hours per response, including the

time for reviewing instructions, searching existing data sources,

gathering and maintaining the data needed, and completing and reviewing

the collection of information. Send comments regarding this burden

estimate or any other aspect of this collection of information,

including suggestions for reducing the burden of these information

collection requests, to Information Collection Officer, National Park

Service, 800 North Capitol Street, Washington, D.C. 20001; and the

Office of Management and Budget, Office of Information and Regulatory

Affairs, Attention: Desk Officer for Department of the Interior (1024-

0125), Washington, D.C. 20503.

Compliance With Other Laws

This rule was reviewed by the Office of Management and Budget under

Executive Order 12866. The Department of the Interior determined that

the proposed rule is not major.

The Department of the Interior determined that this proposed rule

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 revision mainly clarifies previously existing statutory and

regulatory prohibitions. The expected redistribution of commercial

fishing efforts to areas outside of the park is not expected to

significantly effect a substantial number of small businessmen.

The NPS has determined and certifies pursuant to the Unfunded

Mandates Reform Act, 2 U.S.C. 1502 et seq., that this proposed rule

will not impose a cost of $100 million or more in any given year on

local, State, or tribal governments or private entities.

Pursuant to the National Environmental Policy Act, 42 U.S.C. 4332,

NPS is preparing an environmental assessment (EA) on the proposed

action and alternatives that are outlined in this rule. The Service

will complete the EA and publish a notice of availability in the

Federal Register during the comment period provided for in this rule so

that interested parties can comment contemporaneously on both

documents.

List of Subjects in 36 CFR Part 13

Alaska, National parks, Reporting and recordkeeping requirements.

In consideration of the foregoing, NPS proposes to amend 36 CFR

part 13 as follows:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

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), 20, 1361, 1531, 3197.

2. Section 13.65 is amended by adding paragraph (a) and removing

and reserving paragraphs (b)(5) and (b)(6) to read as follows:

Sec. 13.65 Glacier Bay National Park and Preserve.

(a) Fishing.--(1) Commercial fishing. During the time frames that

follow, specified commercial fisheries in listed salt waters of Glacier

Bay National Park are exempt from the commercial fishing prohibition

contained in this chapter:

(i) Commercial fishing and associated buying and processing

operations within designated wilderness areas are prohibited. Maps and

charts showing designated wilderness areas are available from the

Superintendent.

(ii) Glacier Bay. (A) A non-transferable special use permit issued

by the Superintendent is required to conduct commercial fishing within

Glacier Bay during the exemptive period. Commercial fishing without a

special use permit is prohibited.

(B) Eligibility requirements to obtain a special use permit for

each fishery include a current, valid State and/or federal commercial

fishing permit(s) for Glacier Bay waters; participation in the fishery

within Glacier Bay a minimum of six years during the period 1987-1996,

as verified by affidavit and documentation of at least one landing in

each year from Glacier Bay for halibut, salmon, or tanner crab; for

Dungeness crab, ten landings are required in each of the six qualifying

years. Application for a special use permit must be made within two

years from [effective date of the final regulation].

(C) October 1 through April 30, commercial fishing and associated

buying and processing operations are authorized in all non-wilderness

waters of Glacier Bay north of a line from Point Carolus to Point

Gustavus for a period of 15 years from the effective date of this

regulation. At the end of the exemptive periods, all commercial fishing

and associated buying and processing operations shall end, and the

prohibition contained in this chapter shall apply.

(D) Commercial fishing for other than the following species, or by

other than the following methods is prohibited: trolling for salmon,

long lining for halibut, pot or ring net fishing for Dungeness and

tanner crab.

(iii) Outer waters. (A) Commercial fishing and associated buying

and processing operations are authorized in all marine waters within

park boundaries not listed in paragraph (a)(1)(ii)(B) of this section,

pursuant to a cooperative federal and State of Alaska management plan

for a period of 15 years from [effective date of the final regulation].

(B) Commercial fishing by other than the following methods is

prohibited: trolling, long lining, pot and ring net

[[Page 18556]]

fishing for Dungeness and tanner crab, and purse seining in Excursion

Inlet.

(C) At the end of the 15-year exemptive period, the Secretary will

reexamine and reevaluate continued commercial fishing in the outer

waters, based on the best available scientific information and in

consideration of park values and purposes.

(2) Fishing for Dungeness crab within the Beardslee Island study

area, including the area enclosed within Bartlett Cove by an imaginary

line drawn between Lester and Halibut Points, is prohibited until

December 31, 2002, except as authorized by a NPS research permit. Maps

and charts showing the Beardslee Island study area are available from

the Superintendent.

(b) * * *

(5) [Reserved]

(6) [Reserved]

* * * * *

Dated: February 13, 1997.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 97-9800 Filed 4-15-97; 8:45 am]

BILLING CODE 4310-70-P