Glacier Bay National Park, Alaska; Commercial Fishing Regulations and Environmental Assessment

SUMMARY: Section 123 of the Omnibus Consolidated and Emergency

Supplemental Appropriations Act for FY 1999 (``the Act''), signed into

law on October 21, 1998, establishes statutory requirements for the

management of commercial fishing in Glacier Bay National Park. The

congressional managers of this legislation directed the National Park

Service (NPS) ``to extend the public comment period on the pending

regulations (62 FR 18547, April 16, 1997) until January 15, 1999,

modify the draft regulations to conform to [section 123's] language and

publish the changes in the final regulations.'' Accordingly, the public

comment period on the Proposed Rule and Environmental Assessment (EA)

for commercial fishing will remain open until January 15, 1999.

DATES: Comments on the proposed rule and EA will be accepted through

January 15, 1999.

ADDRESSES: Comments on the proposed rule and EA should be submitted to

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

140, Gustavus, Alaska 99826. Comments on the proposed rule and EA may

be made on the park's Web site at http://www.nps.gov/glba, or by

phoning the park at (907) 697-2230.

FOR FURTHER INFORMATION CONTACT: Copies of the EA and the Executive

Summary are available by writing to Glen Yankus, National Park Service

Support Office, 2525 Gambell St., Anchorage, Alaska 99503, or calling

(907) 257-2645. The EA Executive Summary, Proposed Rule, and Section

123 of the Omnibus Consolidated and Emergency Supplemental

Appropriations Act for FY 1999 are also available on the park's Web

site at ttp://www.nps.gov/glba.

SUPPLEMENTARY INFORMATION: Section 123 of the Act (Pub. L. 105-277)

directs the secretary of the interior and the state of Alaska to

develop a cooperative management plan for the regulation of commercial

fisheries within the park consistent with protection of park values and

purposes, a prohibition on new or expanded fisheries, and opportunities

for study of marine resources. The law provides for the continuation of

commercial fishing in the marine waters of Glacier Bay National Park

outside Glacier Bay proper. The law limits =-commercial fisheries

within Glacier Bay proper to Tanner crab, halibut and salmon, and

limits participation in these commercial fisheries to the lifetimes of

individual fishermen with a qualifying history. Areas in the upper

reaches and inlets of Glacier Bay proper are closed to all commercial

fishing or are limited to winter season king salmon trolling by

grandfathered fishermen. Designated marine wilderness areas in the park

are closed to commercial fishing. Compensation is provided for

qualifying Dungeness crab fishermen displaced by closure of designated

wilderness waters of the Beardslee Islands and Dundas Bay. The full

text of Section 123 of the Act is provided at the end of Supplementary

Information.

NPS will publish a final rule regarding commercial fishing in the

marine waters of Glacier Bay National Park after the close of the

public comment period, as directed by Congress. Section 123 determines

by statute several aspects of the NPS's proposed rule, but leaves other

aspects open for final rulemaking. For example, Section 123 establishes

by statute the phase-out of commercial fishing in Glacier Bay proper

proposed by the rule. However, whereas the proposed rule would have

eliminated commercial fishing in the bay after a 15-year period,

Section 123 allows qualifying fishermen to fish in the bay throughout

their lifetimes. In deference to rulemaking, Section 123 leaves to the

Secretary of the Interior the determination of the number and timeframe

of years that will qualify individuals for the nontransferable lifetime

permits. The proposed rule would have required a fisherman to have

participated in a Glacier Bay-proper fishery for a minimum of six years

during the period of 1987 through 1996 to qualify for the 15-year

access permit contemplated by the proposed rule. The final rule will

determine the appropriate eligibility requirement for the lifetime

access permit mandated by the statute. NPS welcomes and encourages

ideas on what are reasonable eligibility criteria for lifetime access

to the commercial Tanner crab, halibut and salmon fisheries authorized

in Glacier Bay proper by the Act. Are the eligibility criteria outlined

in the proposed rule appropriate? Should a different number and

timeframe of qualifying years (e.g., three out of a five-year period)

be considered? Should the three fisheries have the same eligibility

criteria, or are there differences among the fisheries that support

different eligibility criteria for different fisheries?

NPS will implement the statutory requirements of Section 123 of the

Act in a final rule. All issues raised by the proposed rule not

explicitly resolved by Section 123 of the Act are still open for

comment. For example, Section 123 of the Act directs the state of

Alaska and the secretary of the interior to develop a cooperative

management plan (see Section 123 (a)(1), at the end of SUPPLEMENTARY

INFORMATION). The proposed rule also contemplated such a plan. As

cooperative management is envisioned, the state would continue its role

in management of commercial fisheries and NPS would contribute

expertise in protection of park purposes and values; both state and

federal agencies could jointly develop appropriate marine research

projects. NPS seeks public comments and ideas on federal-state

cooperative management to help federal and state officials begin their

discussions. However, details of cooperative management will not be

included in the final rulemaking because such details will be developed

cooperatively with the state of Alaska.

The proposed rule (including the preamble) raises other issues not

addressed by the Act, such as proposals to develop a Hoonah Tlingit

cultural fishery and consider fisheries research opportunities. NPS

acknowledges that some issues raised in the proposed rule may be more

appropriately considered in development of a cooperative management

plan with the state of Alaska. NPS will review all comments received to

date on the proposed rule and EA and encourages additional comments in

light of the new legislation. In addition to being published in the

Federal Register, this notice is being mailed to all 1,300+ individuals

who have already provided comment on the proposed rule. Consequently,

all commenters have an opportunity to provide new or additional

comments.

The full text of Section 123 of the Omnibus Consolidated and

Emergency Supplemental Appropriations Act for FY 1999 (Pub. L. 105-277)

is provided below.11

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\11\ Note: The text of section 123 is provided for the

convenience of the reader. The official version of section 123

appears in Pub. L. 105-277, 112 Stat. 2681.

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[[Page 68667]]

COMMERCIAL FISHING IN GLACIER BAY NATIONAL PARK

SEC. 123. (a) GENERAL--

(1) The Secretary of the Interior and the State of Alaska shall

cooperate in the development of a management plan for the regulation of

commercial fisheries in Glacier Bay National Park pursuant to existing

State and Federal statutes and any applicable international

conservation and management treaties. Such management plan shall

provide for commercial fishing in the marine waters within Glacier Bay

National Park outside of Glacier Bay Proper, and in the marine waters

within Glacier Bay Proper as specified in paragraphs (a)(2) through

(a)(5), and shall provide for the protection of park values and

purposes, for the prohibition of any new or expanded fisheries, and for

the opportunity for the study of marine resources.

(2) In the nonwilderness waters within Glacier Bay Proper,

commercial fishing shall be limited, by means of non-transferable

lifetime access permits, solely to individuals who--

(A) Hold a valid commercial fishing permit for a fishery in a

geographic area that includes the nonwilderness waters within Glacier

Bay Proper;

(B) Provide a sworn and notarized affidavit and other available

corroborating documentation to the Secretary of the Interior sufficient

to establish that such individual engaged in commercial fishing for

halibut, Tanner crab, or salmon in Glacier Bay Proper during qualifying

years which shall be established by the Secretary of the Interior

within one year of the date of the enactment of this Act; and

(C) Fish only with--

(i) Longline gear for halibut;

(ii) Pot or ring nets for Tanner crab; or

(iii) Trolling gear for salmon.

(3) With respect to the individuals engaging in commercial fishing

for Glacier Bay Proper pursuant to paragraph (2), no fishing shall be

allowed in the West Arm of Glacier Bay Proper (West Arm) north of 58

degrees, 50 minutes north latitude except for trolling for king salmon

during the period from October 1 through April 30. The waters of Johns

Hopkins Inlet, Tarr Inlet and Reid Inlet shall remain closed to all

commercial fishing.

(4) With respect to the individuals engaging in commercial fishing

in Glacier Bay Proper pursuant to paragraph (2), no fishing shall be

allowed in the East Arm of Glacier Bay Proper (East Arm) north of a

line drawn from Point Caroline, through the southern end of Garforth

Island to the east side of the Muir Inlet, except that trolling for

king salmon during the period from October 1 through April 30 shall be

allowed south of a line drawn across Muir Inlet at the southernmost

point of Adams Inlet.

(5) With respect to the individuals engaging in commercial fishing

in Glacier Bay Proper pursuant to paragraph (2), no fishing shall be

allowed in Geikie Inlet.

(b) THE BEARDSLEE ISLANDS AND UPPER DUNDAS BAY.--Commercial fishing

is prohibited in the designated wilderness waters within Glacier Bay

National Park and Preserve, including the waters of the Beardslee

Islands and Upper Dundas Bay. Any individual who--

(1) On or before February 1, 1999, provides a sworn and notarized

affidavit and other available corroborating documentation to the

Secretary of the Interior sufficient to establish that he or she has

engaged in commercial fishing for Dungeness crab in the designated

wilderness waters of the Beardslee Islands or Dundas Bay within Glacier

Bay National Park pursuant to valid commercial fishing permit in at

least six of the years during the period 1987 through 1996;

(2) At the time of receiving compensation based on the Secretary of

the Interior's determination as described below--

(A) Agrees in writing not to engage in commercial fishing for

Dungeness crab within Glacier Bay Proper;

(B) Relinquishes to the State of Alaska for the purposes of its

retirement any commercial fishing permit for Dungeness crab for areas

within Glacier Bay Proper;

(C) At the individual's option, relinquishes to the United States

the Dungeness crab pots covered by the commercial fishing permit; and

(D) At the individual's option, relinquishes to the United States

the fishing vessel used for Dungeness crab fishing in Glacier Bay

Proper; and

(3) Holds a current valid commercial fishing permit that allows

such individual to engage in commercial fishing for Dungeness crab in

Glacier Bay National park, shall be eligible to receive from the United

States compensation that is the greater of (i) $400,000, or (ii) an

amount equal to the fair market value (as of the date of

relinquishment) of the commercial fishing permit for Dungeness crab, of

any Dungeness crab pots or other Dungeness crab gear, and of not more

than one Dungeness crab fishing vessel, together with an amount equal

to the present value of the foregone net income from commercial fishing

for Dungeness crab for the period January 1, 1999 through December 31,

2004, based on the individual's net earnings from the Dungeness crab

fishery during the period January 1, 1991 through December 31, 1996.

Any individual seeking such compensation shall provide the consent

necessary for the Secretary of the Interior to verify such net earnings

in the fishery. The Secretary of the Interior's determination of the

amount to be paid shall be completed and payment shall be made within

six months from the date of the application by the individuals

described in this subsection and shall constitute final agency action

subject to review pursuant to the Administrative Procedures Act in the

United States District Court for the District of Alaska.

(c) DEFINITION AND SAVINGS CLAUSE.--

(1) As used in this section, the term ``Glacier Bay Proper'' shall

mean the marine waters within Glacier Bay, including coves and inlets,

north of a line drawn from Point Gustavus to Point Carolus.

(2) Nothing in this section is intended to enlarge or diminish

Federal or State title, jurisdiction, or authority with respect to the

waters of the State of Alaska, the waters within the boundaries of

Glacier Bay National Park, or the tidal or submerged lands under any

provision of State or Federal law.

Dated: December 4, 1998.

John Quinley,

Acting Regional Director, Alaska.

[FR Doc. 98-32997 Filed 12-10-98; 8:45 am]

BILLING CODE 4310-70-P