Glacier Bay National Park, AK; Commercial Fishing Regulations

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024-AB99

Glacier Bay National Park, AK; Commercial Fishing Regulations

AGENCY: National Park Service (NPS), Interior.

ACTION: Final rule.

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SUMMARY: This final rule represents a major step towards a

comprehensive resolution of commercial fishing issues in Glacier Bay

National Park. In accordance with the provisions of Section 123 of the

Omnibus Consolidated and Emergency Supplemental Appropriations Act for

FY 1999 (Section 123), as amended, the rule establishes special

regulations for commercial fishing in the marine waters of Glacier Bay

National Park. The rule implements provisions in Section 123 by:

closing specifically identified areas of non-wilderness waters in

Glacier Bay proper and all wilderness waters within Glacier Bay

National Park to commercial fishing; limiting commercial fishing in

Glacier Bay proper to three specific commercial fisheries; establishing

a ``grandfathering'' process to allow qualifying fishermen in the three

authorized commercial fisheries to continue fishing in the remaining

waters of Glacier Bay proper under nontransferable lifetime permits;

and, clarifying that the marine waters of Glacier Bay National Park

outside of Glacier Bay proper will remain open to various existing

commercial fisheries. Section 123 also directs that authorized

commercial fisheries be managed in accordance with a cooperatively

developed state/federal fisheries management plan. The cooperative

state/federal fisheries management plan is being developed independent

of this rule and will be announced at a later date.

DATES: This rule is effective on October 20, 1999, with the exception

of paragraphs (a)(10)(i)-(iii) which take effect on January 1, 2000.

ADDRESSES: Tomie Lee, Superintendent, Glacier Bay National Park and

Preserve, P.O. Box 140, Gustavus, Alaska 99826. E-mail address is

[email protected].

FOR FURTHER INFORMATION CONTACT: Tomie Lee, Superintendent, Glacier Bay

National Park and Preserve, P.O. Box 140, Gustavus, Alaska, 99827,

Phone (907) 697-2230; fax (907) 697-2654.

SUPPLEMENTARY INFORMATION:

Background

The background section in the re-proposed rule of August 2, 1999

(64 FR 41854), includes a comprehensive chronology of Glacier Bay's

commercial fishing history that outlines the circumstances and events

leading to this final rule. That information is unchanged and has

continuing applicability. The National Park Service (NPS) wishes to

note that numerous extensions to the public comment period on the 1997

proposed rule afforded the public a prior opportunity to comment on

Section 123 (see e.g., 63 FR 68655, December 11, 1998; 64 FR 1573,

January 11, 1999). The re-proposed rule was published, in part, to

fulfill the requirement of Section 123, as amended by Pub. L. 106-31

(May 21, 1999), which directed the Secretary of the Interior to re-

publish the rule and provide an opportunity for the public to comment

for not less than 45 days.

To comply with Section 123, the rule, in part, amends the general

regulatory prohibition on commercial fishing activities in units of the

National Park System, and authorizes various existing commercial

fisheries to continue in most marine waters of Glacier Bay National

Park subject to a cooperatively developed state/federal fisheries

management plan.

The other provisions of the rule also conform to the requirements

of Section 123. The rule limits commercial fisheries in Glacier Bay

proper to pot and ring net fishing for Tanner crab, longlining for

halibut, and trolling for salmon. The rule describes eligibility

criteria that allow certain fishermen with a sufficient, recent,

reoccurring history of participation in Glacier Bay proper fisheries to

continue fishing in Glacier Bay proper for their lifetimes. The final

rule adopts October 1, 2000, as the deadline to apply for a lifetime

permit. Beginning October 1, 2000, a lifetime permit is needed in order

to fish in Glacier Bay proper. To qualify, fishermen must be able to

document that they have fished in Glacier Bay proper in one of the

three authorized commercial fisheries as follows: For the halibut

fishery, 2 years of participation are required in Glacier Bay proper

during the 7-year period, 1992 through 1998. For the salmon and Tanner

crab fisheries, 3 years of participation are required in Glacier Bay

proper during the 10-year period, 1989 through 1998. The 7-year

qualifying period for halibut is based, in large part, on the

establishment of a statistical sub-area for Glacier Bay proper in 1992.

Use of this qualifying period specific to this sub-area will assist

fishermen in documenting, and NPS in identifying, a history of fishing

within Glacier Bay proper. A 10-year qualifying period is used for the

Tanner crab and salmon fisheries. These qualifying periods (of 7 and 10

years, respectively) are intended to provide a better opportunity for

fishermen with a variable but reoccurring history of participation in

these fisheries, in Glacier Bay proper, to qualify for the lifetime

access permits. Essentially, these criteria require fishermen to have

fished in Glacier Bay proper for approximately 30% of the years during

the 7 and 10-year base periods to qualify for lifetime access to an

authorized fishery.

The rule also describes the application requirements and procedures

for fishermen to follow to apply for a lifetime access permit for an

authorized fishery in Glacier Bay proper. The rule requires that

applicants: demonstrate that they hold a valid state limited entry

commercial fishing permit, and for halibut an International Pacific

Halibut Commission quota share, for the fishery in Glacier Bay proper;

provide a sworn and notarized affidavit attesting to their history and

participation in the fishery within Glacier Bay proper; and, provide

other documentation that corroborates their participation in the

fishery in Glacier Bay proper during the qualifying years. The rule

requires applicants to

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provide two types of corroborating documentation readily available from

the State of Alaska: permit histories; and, landing reports. The permit

history documents the length of time an applicant has been a permit

holder in a fishery, and the landing report documents the time and

location of the applicant's fishery landings. The application

requirements for a lifetime commercial fishing access permit in Glacier

Bay (i.e., a copy of the valid permit(s) and quota share(s), affidavit,

permit history and landing report) are less demanding than that

typically required by the State of Alaska or National Marine Fisheries

Service (for halibut) for similar limited entry programs. The rule

encourages applicants to submit other forms of corroborating

documentation--for example, vessel logbooks or affidavits from other

fishermen or processors--to assist in the establishment of their

history of participation in a particular fishery in Glacier Bay proper.

NPS recognizes the limitations of landing report data based on fish

tickets. Although Alaska statute requires accurate reporting of fish

harvest information by statistical area, fishermen often lump together

catches from Glacier Bay proper and Icy Strait statistical areas, and

report them as Icy Strait landings on their fish tickets. Moreover, no

statistical reporting area exists for salmon that is specific to

Glacier Bay proper. Because of this, for the salmon fishery, NPS will

consider landing reports from District 114 (all of Icy Strait from

Cross Sound to the Lynn Canal, including Glacier, Dundas and Taylor

Bays and Excursion Inlet) as indirect evidence of participation in the

fishery in Glacier Bay proper; this indirect evidence, however, must be

supported by additional documentation that supports applicants'

declaration of Glacier Bay proper salmon landings (such as affidavits

from crewmembers, other fishermen, processors or logbooks or other

corroborating documentation). Salmon fishermen who can document more

than incidental use of District 114 should submit that documentation as

it may bolster other evidence of their landings from the Glacier Bay

proper fishery.

Both the halibut fishery (Regulatory Sub-area 184) and the Tanner

crab fishery (Statistical areas 114-70 through 114-77) have reporting

areas specific to Glacier Bay proper. Therefore, applicants who wish to

rely on landing data from areas outside, but immediately adjacent to,

Glacier Bay proper must submit convincing corroborating documentation

(such as affidavits from crewmembers, other fishermen, processors or

log books) in addition to their personal affidavit that a portion of

their catch was landed in Glacier Bay proper. Landing reports for

halibut and Tanner crab must, at the very least, be from the reporting

area immediately adjacent to Glacier Bay proper to be considered. In

the case of halibut, this is Regulatory Sub-area 182; in the case of

Tanner crab, this is Statistical area 114-23. These requirements are

intended to address concerns regarding the difficulty of attributing

harvest to Glacier Bay proper from landing reports, most particularly

for the salmon troll fishery. NPS intends to work closely with the

Alaska Commercial Fisheries Entry Commission, the National Marine

Fisheries Service and other knowledgeable sources to identify permit

owners who meet the eligibility criteria defined for the authorized

commercial fisheries in Glacier Bay proper.

The rule also closes certain inlets and areas, in the upper reaches

of Glacier Bay proper, to commercial fishing and limits certain other

areas to winter season trolling for king salmon by qualifying

fishermen. There are a number of species-specific closure dates in

Section 123, and the effective date of paragraph (a)(10)(i)-(iii) is

delayed until January 1, 2000, to comply with the statute. The rule

reaffirms closure of all designated wilderness areas in Glacier Bay

National Park to commercial fishing activities.

By authorizing existing commercial fisheries to continue in park

waters outside of Glacier Bay proper, Section 123 and the rule permit

fishing to continue where more than 80% of the commercial harvest

(reported biomass) has historically occurred. Additional harvest will

continue in most of Glacier Bay proper during the life tenancy period

of qualifying fishermen, supporting fishermen and their communities for

many years. Approximately 18% of the park's marine waters are closed to

commercial fishing by Section 123 and this rule; these closed waters

have historically accounted for less than 10% of the total commercial

harvest in the park. Nothing in the rule is intended to modify or

restrict non-commercial fishing activities otherwise authorized under

federal and non-conflicting state fishing regulations, nor to affect

legislatively authorized commercial fishing activities within Glacier

Bay National Preserve.

Analysis of Public Comments

Due to the enactment of Section 123 (on October 21, 1998), NPS

reopened and extended the comment period on the 1997 proposed rule and

the accompanying Environmental Assessment (63 FR 68665, December 11,

1998; 64 FR 1573, January 11, 1999). NPS also mailed a copy of the

Federal Register Notice of extension to persons and organizations that

had previously submitted comments and invited them to provide

additional comments in light of the new legislation. The analysis of

public comment section in the re-proposed rule of August 2, 1999 (64 FR

41854), includes a comprehensive analysis of 1,557 comments submitted

in response to the proposed rule and the enactment of Section 123. That

information has continuing applicability and supplements this analysis.

Overview of Public Comments

The public comment period on the re-proposed rule for commercial

fishing in Glacier Bay National Park was open from August 2 to

September 16, 1999, and specifically sought input on the re-proposed

eligibility criteria and application requirements for lifetime permits

for authorized fisheries in Glacier Bay proper. NPS received 96 written

comments, in the form of surface mail, faxes and electronic mail. NPS

reviewed and considered all public comments submitted on the re-

proposed rule. A summary of substantive comments is outlined below.

Thirty-seven percent of the comments received specifically stated

support for some form of commercial fishing phase out in Glacier Bay

National Park. Twenty-two percent specifically stated support for the

continuation of commercial fishing.

Of all the responses received, 59% specifically commented on the

eligibility criteria for commercial fishing lifetime access permits.

Among those, more than half (54%) supported less stringent eligibility

criteria than that stated in the re-proposed rule. The remaining

comments on eligibility (46%) supported the eligibility criteria as a

minimum standard, including 30% who sought more stringent eligibility

criteria. Comments ranged from suggestions for more relaxed criteria

for lifetime permits, such as one year of fishing during the

eligibility period, to calls for the stronger criteria as proposed in

1997.

Twenty-two percent of all respondents commented specifically on the

application process for commercial fishing lifetime access permits. Of

those, 67% supported a less stringent process than that stated in the

re-proposed rule. Thirty-four percent supported the process, as the

minimum standard that the NPS should set for application

[[Page 56457]]

approval, 20% of which sought a more stringent process.

General Comments

Collectively, there were a number of comments and objections

concerning various parts of the rule that, in fact, are derived

directly from the statute. For example, a number of commenters

requested that public comment be extended. Section 123 established a

publication date of September 30, 1999, and NPS has used its best

efforts to publish on that date; that necessarily affects the timing

and length of the latest public comment period. It should also be noted

that NPS has been actively seeking public comment for several years (as

summarized at 64 FR 41856-8, August 2, 1999). Section 123 also requires

that a ``sworn and notarized affidavit be submitted,'' not just

licenses and fish tickets (landing receipts). Section 123 authorized

lifetime permits for those holding ``a valid commercial fishing

permit'' who otherwise qualify, not boat owners or deckhands. On this

point, however, NPS notes that Section 123, as amended, provides $23

million to compensate ``fish processors, fishing vessel crewmembers,

communities and others negatively affected by the restrictions on

commercial fishing in Glacier Bay National Park.'' One commenter (who

will certainly qualify for a lifetime permit) felt he was ``singled-

out'' because, unlike most other limited entry permit holders, he likes

to longline in the west arm of the bay above 58 deg.50' N latitude.

Numerous commenters stated that commercial fishing was inappropriate in

Glacier Bay and other national parks. NPS has considered these

comments, but NPS must follow the statute. NPS also received many

comments on related subjects that were, however, outside of the limited

scope of this rule.

Regulatory Flexibility Analysis

NPS received a number of comments on the initial regulatory

flexibility analysis. Those comments are discussed below in the summary

of the final regulatory flexibility analysis that NPS has prepared as

required by 5 U.S.C. 604.

Rationale for the Qualifying Period

A number of commenters questioned whether NPS had done enough to

explain the method used to determine the necessary number of years in a

given base year period to qualify for lifetime access to fish under the

rule. One commenter felt that the NPS effort to ``mirror similar

lengths of time that have been allowed in other state and federal

limited entry programs'' was misplaced because ``those programs were

influenced by conservation concerns.'' Other commenters, however, cited

conservation concerns and the Glacier Bay 1996 Vessel Management Plan

regulations which limits the amount of motor vessel traffic allocated

to park visitors (61 FR 27008, May 30, 1996), to push for a shorter,

more stringent phase out of commercial fishing. In the 1997 proposed

rule, NPS proposed a longer history of participation in each fishery to

prevent what the Wilderness Society now critically points out is

possible: that people who started fishing after the 1991 rulemaking

proposed to phase out all commercial fishing in seven years would be

eligible for grandfather status to fish in Glacier Bay. However, even

in that proposal, NPS recognized the need for some flexibility to

ensure fairness to fishermen with a variable but recurring history of

participation in Glacier Bay fisheries. Ultimately, and with public

comment sharply divided, NPS selected shorter requirements for

participation in the fishery in the qualifying base year periods (3

years in a 10-year base for salmon and Tanner crab fisheries, and 2

years in a 7-year base for halibut fisheries) to meet that objective.

As a result, fishermen are required to show they have fished in Glacier

Bay proper for approximately 30% of the years during the 7 and 10-year

base periods to qualify. Resolving the commercial fishing issue in

Glacier Bay has been a long and contentious process (see 64 FR 41856-9,

August 2, 1999). Section 123 now directs NPS to decide who qualifies

for lifetime access and who does not; NPS has drawn the line where it

thinks it is fair, recognizing that it will not please everyone.

Cooperative Development of the Management Plan

Several commenters questioned the role that NPS and the State of

Alaska will play in the cooperatively developed management plan

required by Section 123. The plan will guide the regulation of the

existing authorized fisheries at Glacier Bay National Park. One

commenter stated that it was an ``oversimplification'' for NPS to state

that the State manages fisheries to maintain sustained yield. In

response, NPS notes that the Alaska State Constitution states: ``Fish *

* * and all other replenishable resources belonging to the State shall

be utilized, developed, and maintained on the sustained yield

principal, subject to preference among beneficial uses.'' Id. at

Article VIII, Section 4. Another commenter questioned what NPS

considers as park values and purposes, and many commenters questioned

how NPS would protect the park's resources. After reviewing the re-

proposed rule, NPS agrees that some clarification is necessary. Section

123 clearly states: ``the management plan shall provide for commercial

fishing in the marine waters within Glacier Bay National Park * * * and

shall provide for the protection of park values and purposes. * * *''

Id. Park values and purposes are identified in 16 U.S.C. 1, as amended,

and are further defined by the enabling legislation and legislative

history of Glacier Bay National Park. As a result, the cooperatively

developed management plan must consider and respect the NPS mission in

Glacier Bay National Park as defined and directed by Congress.

Section 123 also requires the management plan to prohibit any new

or expanded fisheries, and provide for the opportunity for the study of

marine resources. Therefore, a legislatively-mandated component of the

cooperative management plan is the accommodation of scientific study.

Section 123 does not require that all federal and federally-approved

research within the park fall under the plan. The final rule also

contains a provision that directs the superintendent to compile a list

of existing fisheries and gear types used in the outer waters. NPS will

work with the State, outer water fishermen and the public to

cooperatively develop this list. However, should new or expanded

fishing activities threaten park resources during development of the

cooperative plan, the superintendent may implement an interim list.

Section 123 provides both a requirement and an opportunity for

ongoing cooperation and collaboration between the State and federal

government in the implementation of a jointly-developed fisheries

management plan. NPS will work together with the State to provide the

public with an opportunity to participate in the development of the

cooperative management plan, independent of this rulemaking. NPS

believes that the best long-term remedy for this jurisdictional issue

is an effective State/federal cooperative relationship that: outlines

and respects individual and collective agency roles and

responsibilities; keeps lines of communication open; incorporates

opportunities for public involvement in decision-making processes; and,

ultimately, serves to implement the letter and spirit of the Section

123, as amended. NPS intends to devote its energies towards this goal.

[[Page 56458]]

1996 Vessel Management Plan (VMP) Regulations

A comment received from the Alaska Chapter of the Sierra Club

stated that commercial fishing boats are not subject to the 1996 VMP

regulations (36 CFR 13.65(b)). This assertion, however, is only

partially correct; generally the VMP regulations apply to commercial

fishing vessels. While commercial fishing vessels were exempted from

the entry permit requirements of that rule by Sec. 13.65(b)(2)(iii)(D),

this rule will require such boats to obtain a National Park Service

permit to enter the bay, from June 1 through August 31. The Sierra Club

comment correctly pointed out that commercial fishing vessels were

exempted from the restriction on operating within one-quarter nautical

mile of a whale (Sec. 13.65(b)(3)(i)). This exemption was made due to

the slow speeds and deliberate courses that commercial fishing vessels

follow. However, the whale waters restrictions at

Sec. 13.65(b)(iv)(D)(1) apply unless a motor vessel (commercial or

sport) is actually fishing (and not simply in transit). Seasonal motor

vessel closures are specifically applicable (61 FR 27008, 27013, May

30, 1996).

NPS also notes that, regardless of whether an commercial fishing

vessel operator possesses a commercial fishing lifetime access permit,

the operator of a commercial fishing vessel can apply for a private

vessel permit to enter Glacier Bay from June 1 through August 31, or

visit Glacier Bay during the balance of the year, provided they follow

the regulations that apply to private motor vessels and do not engage

in commercial activities. Lifetime permittees are advised that the

lifetime permit only allows access for commercial fishing; entering the

park for other commercial purposes is prohibited, and entering Glacier

Bay for recreation purposes (from June 1 through August 31) requires a

private vessel permit. Commercial fishing vessels may, at any time,

seek safe harbor in Glacier Bay National Park when faced with hazardous

weather or sea conditions, mechanical problems, or other exigent

circumstances.

Resource Violations

One commenter suggested that a commercial fishing lifetime access

permit holder who commits a resource violation in the park should have

his or her permit revoked. Although NPS believes that most people who

will qualify for the permit will respect park resources and

regulations, NPS will not hesitate to ask a court to impose access

restrictions on a permit holder who is convicted of serious or repeated

offenses. NPS will also seek the State's support in including

provisions to this effect in the cooperatively developed management

plan. NPS believes that such action would be consistent with Congress'

direction that the plan ``shall provide for the protection of park

values and purposes.'' Section 123(a)(1).

Boundaries and Maps

NPS will provide detailed maps and charts depicting non-wilderness

and wilderness closures to every fisherman who receives a commercial

fishing lifetime access permit for one of the three authorized Glacier

Bay proper commercial fisheries. Others may contact the superintendent

for a map of these closures.

Section by Section Analysis

The regulations in this section implement the statutory

requirements of Section 123 of the Omnibus Emergency and Supplemental

Appropriations Act for FY 1999 (Section 123) (Pub. L. 105-277), as

amended by Section 501 of the 1999 Emergency Supplemental

Appropriations Act (Pub. L. 106-31.) Where possible, the language used

in this section of the regulations mirrors the language used in Section

123, as amended.

Section 13.65(a)(1) of the regulations provides definitions for the

terms ``commercial fishing'' and ``Glacier Bay'' and ``outer waters.''

The definition for ``commercial fishing'' is the same as used for the

park's vessel regulations in Sec. 13.65(b) of Title 36 of the Code of

Federal Regulations (36 CFR). The terms ``Glacier Bay'' and ``outer

waters'' are used in these regulations to describe marine water areas

of the park that are to be regulated differently under requirements of

Section 123. The definition for ``Glacier Bay'' mirrors the definition

for ``Glacier Bay Proper'' that is provided in Section 123, and is also

essentially the same as the definition used in 36 CFR 13.65(b)(1). The

term ``outer waters'' is used to describe all of the marine waters of

the park outside of Glacier Bay proper. This includes areas of Icy

Straits, Cross Sound, and coastal areas on the Gulf of Alaska running

from Cape Spencer to Sea Otter Creek, beyond Cape Fairweather.

Section 13.65(a)(2) of the regulations provides authorization for

commercial fishing to continue in the non-wilderness marine waters of

the park, as specifically provided for by Section 123, as amended. In

addition to Glacier Bay, park waters that are affected by Section 123

include all of the ``outer waters'' of the park outside of Glacier Bay.

This authorization for commercial fishing supercedes the general

regulatory prohibition on commercial fishing in the park found at 36

CFR 2.3(d)(4). The authorization, however, does not supercede other NPS

regulations or exempt commercial fishermen or their vessels from any

other generally applicable park regulations. Commercial fishing

activities are to be conducted and managed in concert with park

purposes and values. Paragraph (i) reflects the Section 123 requirement

that the State of Alaska and the Secretary of the Interior

cooperatively develop a fisheries management plan to guide the

regulation of commercial fisheries in the park that will: reflect the

requirements of Section 123, other applicable federal and state laws,

and international treaties; serve to protect park values and purposes;

prohibit new or expanded commercial fisheries; and, provide opportunity

for the study of marine resources. Paragraph (ii) clarifies that waters

designated as wilderness are closed to commercial fishing and related

commercial activities. Paragraph (iii) has been added to address the

Section 123 prohibition on any new or expanded fisheries and provides a

mechanism for future implementation of that prohibition. Paragraph (iv)

informs the public that maps and charts of the affected waters

available from the superintendent.

Section 13.65(a)(3) of the regulation implements Section 123

requirements that the commercial fisheries in Glacier Bay are limited

to longlining for halibut, pot or ring net fishing for Tanner crab, and

trolling for salmon. These are the only commercial fisheries authorized

to continue in Glacier Bay. Paragraph (ii) limits participation in the

authorized commercial fisheries in Glacier Bay to individuals who have

a non-transferable commercial fishing lifetime access permit issued by

the superintendent. The requirement for this lifetime access permit

will not go into effect until October 1, 2000. The delayed

implementation date (the re-proposed rule would have adopted January 1,

2000, as the implementation date) is intended to allow sufficient time

for fishermen to apply for, and receive, their access permits before

the permit requirement takes effect. Fishermen are strongly advised to

apply well before the October 1, 2000, deadline to ensure that their

application is processed and approved by that date. This section also

makes clear that the permits are non-transferable--reflecting the

language and requirements of Section 123. However, if a temporary

emergency transfer of a permit is approved by the Commercial Fisheries

Entry

[[Page 56459]]

Commission (CFEC) due to illness or disability of a temporary,

unexpected and unforeseen nature, NPS will also consider issuing a

temporary lifetime access permit transfer for the period (generally,

one year or less). In response to public comment, paragraph (iii) has

been added to better protect park resources. This paragraph also

provides a mechanism for future implementation of the cooperatively

developed management plan.

Section 13.65(a)(4) of this regulation restates the Section 123

requirement that an applicant must possess a valid State limited entry

commercial fishing permit for the district or statistical area

encompassing Glacier Bay, for each fishery for which a lifetime access

permit is being sought. Paragraph (ii) outlines the specific

eligibility requirements that must be met to obtain a lifetime access

permit for an authorized fishery in Glacier Bay. An applicant must have

participated as a limited entry permit holder for the minimum number of

years in the established base years period, and in the district or

statistical area encompassing Glacier Bay, for each authorized fishery,

for each fishery for which a lifetime access permit is being sought.

These eligibility criteria have undergone a Regulatory Flexibility Act

analysis, and have been determined to meet the goals of this

regulation, while seeking to minimize impacts to commercial fishermen

and other affected small businesses to the extent consistent with

Section 123, as amended. A 12-month application period to obtain a

lifetime access permit is described; conclusion of the eligibility

determinations by October 1, 2000, may be important to ensure

completion of the $23 million compensation program authorized by

Congress in the 1999 amendment to Section 123. Section 13.65(a)(5)

outlines the specific type of documentation that an applicant must

provide to the superintendent to obtain a lifetime access permit.

Section 123 requires fishermen to provide a sworn and notarized

personal affidavit attesting to their history of participation as a

limited entry permit holder within Glacier Bay, during the qualifying

period, for each fishery for which a lifetime access permit is being

sought. NPS will provide a simple affidavit form to applicants upon

request. Section 123 also requires applicants to provide other

documentation that corroborates their history of participation in the

fishery, and a copy of their current State of Alaska limited entry

permit (and in the case of halibut, an International Pacific Halibut

Commission quota share) that is valid for the area that includes

Glacier Bay for each fishery for which a lifetime access permit is

sought. Licensing and landing histories--two types of readily available

corroborating documentation--are required by this regulation. A

certified printout of an applicant's licensing history in a fishery is

available at no charge from the CFEC. The licensing history

corroborates participation in the fishery during the qualifying years.

Landing reports, documenting an applicant's harvest activities in a

specific commercial fishery by year and location, are available at no

charge from the Alaska Department of Fish and Game (ADFG). A form is

required from ADFG to obtain this information. NPS is aware of the

limitations of some landing data. There is, for example, no separate

statistical reporting unit for Glacier Bay for salmon trolling.

Accordingly, the superintendent will consider salmon landing reports

for District 114 as indirect evidence of participation in the Glacier

Bay fishery, provided that such reports are supported by additional

corroborating documentation of Glacier Bay landings. For the halibut

and Tanner crab fisheries, because specific reporting areas are

described for Glacier Bay, the superintendent may consider landing data

from a unit or area immediately adjacent to Glacier Bay when additional

and convincing corroborating documentation of landings in Glacier Bay

is included. Landing reports must be for the reporting area immediately

adjacent to Glacier Bay to be considered.

Section 13.65(a)(6) establishes October 1, 2000, as the deadline to

apply for a commercial fishing lifetime access permit. This section

also publishes the address where applications must be sent. Fishermen

are strongly advised to apply well before the October 1, 2000, deadline

to ensure their application is processed and approved by that date.

Section 13.65(a)(7) clarifies that the superintendent will make a

written determination and provide a copy to the applicant. Applicants

will be afforded an opportunity to provide additional information, if

it is required. NPS anticipates that it could take 45 days or more to

process and respond to an application, depending on the volume and

completeness of the applications received. For this reason, applicants

are strongly advised to apply well before the October 1, 2000,

deadline, or at least 45 days in advance of anticipated fishing

activities in Glacier Bay if that date is sooner.

Subsection 13.65(a)(8) describes the appeal procedures for an

applicant to follow if the superintendent finds the applicant to be

ineligible. These procedures are similar to those in place for other

NPS permit programs in Alaska.

Subsection 13.65(a)(9) makes clear that the lifetime access permits

to the Glacier Bay proper commercial fisheries are renewable for the

lifetime of an access permit holder, provided they continue to hold a

valid commercial fishing permit and are otherwise eligible to

participate in the fishery under federal and State laws. NPS expects to

reissue the lifetime access permits on a five-year cycle. This will

provide an opportunity for NPS to occasionally update the list of

fishermen authorized to commercial fish in Glacier Bay. NPS will not

charge a fee for these permits. Access permits will not be required for

commercial fisheries authorized in the marine waters of the park

outside Glacier Bay.

Section 13.65(a)(10), paragraphs (i)-(iii) describe several non-

wilderness inlets within Glacier Bay that Section 123 closed to

commercial fishing. The 1999 amendments to Section 123 delay

implementation of these non-wilderness closures during the 1999 fishing

season for the commercial halibut and salmon troll fisheries. The rule,

therefore, delays the effective date of these three paragraphs until

December 31, 1999, to accommodate the provisions of the Section 123

amendments. Wilderness areas, however, remained closed to all

commercial fishing under the 1999 amendments, with no delay in

implementation; these closures were put into effect by NPS on June 15,

1999. NPS will provide detailed maps and charts depicting these non-

wilderness and wilderness closures to fisherman who receive a lifetime

access permit for an authorized Glacier Bay proper commercial fishery.

Paragraph (i) implements the closure of Tarr Inlet, Johns Hopkins

Inlet, Reid Inlet, and Geike Inlet to all commercial fisheries. These

closures include the entirety of each of these inlets, as depicted on

the maps and charts available from the superintendent. Paragraph (ii)

describes the general closure of the west arm of Glacier Bay to

commercial fishing, with the exception of trolling for king salmon by

authorized commercial salmon fishermen during the State's winter season

troll fishery (as per Section 123). Paragraph (iii) describes the

general closure of the east arm of Glacier Bay north of a line drawn

across the mouth of the arm from Point Caroline through the southern

point of Garforth Island to the east shore mainland, with a similar

exception that allows authorized salmon fishermen to troll for king

salmon

[[Page 56460]]

during the State's winter troll fishery ``south of a line drawn across

Muir Inlet at the southernmost point of Adams Inlet.'' Section

123(a)(4). This line is described in this subsection as 58 deg.50'N

latitude, a description more readily understood by commercial

fishermen.

Drafting Information: The primary authors of this rule are Randy

King, Chief Ranger, Mary Beth Moss, Chief of Resource Management, and

Chad Soiseth, Aquatic Biologist, Glacier Bay National Park and

Preserve; and Donald J. Barry, Assistant Secretary of the Interior for

Fish and Wildlife and Parks. Other key contributors include Molly Ross,

Special Assistant to the Assistant Secretary for Fish and Wildlife and

Parks; Marvin Jensen and John Hiscock of the National Park Service.

Paul Hunter, National Park Service Alaska Support Office; and Russel J.

Wilson, Denali National Park and Preserve also contributed.

The regulatory language of the re-proposed rule has been converted

to the question and answer format in accordance with the Department of

the Interior, Office of Regulatory Affairs, policy on Plain Language.

No substantive changes to the proposed language have been made.

Compliance with Other Laws

Regulatory Flexibility Act

Under the Regulatory Flexibility Act of 1980, as amended, 5 U.S.C.

601 et seq., the NPS has determined that this rule will have a

significant impact on a substantial number of small business entities.

The NPS has summarized the final regulatory flexibility analysis on the

expected impact of this rule on those small business entities as

follows.

(1) This Rule is published in accordance with the provisions of

Section 123 of the Omnibus Consolidated and Emergency Supplemental

Appropriations Act for FY 1999 (Section 123), as amended. The rule

establishes special regulations for commercial fishing in the marine

waters of Glacier Bay National Park. The rule implements provisions in

Section 123 by:

Closing specifically identified areas of non-wilderness

waters in Glacier Bay proper and all wilderness waters within Glacier

Bay National Park to commercial fishing.

Limiting commercial fishing in Glacier Bay proper to three

specific commercial fisheries.

Establishing a ``grandfathering'' process to allow

qualifying fishermen in the three authorized commercial fisheries to

continue fishing in the remaining waters of Glacier Bay proper under

nontransferable lifetime permits.

Clarifying that the marine waters of Glacier Bay National

Park outside of Glacier Bay proper will remain open to various existing

commercial fisheries.

(2) The following is a summary of the comments relating to the

initial Regulatory Flexibility Analysis and the NPS assessment and

response.

Several commenters challenged the NPS analysis of the impact the

rule would have on small entities under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.). One commentator specifically contended that NPS

was incorrect in certifying that the rule did not have a significant

economic impact on a substantial number of small entities, and should

therefore have conducted the analysis required under the Regulatory

Flexibility Act. NPS would like to point out that for the August 2,

1999 re-proposed rule it did not so certify, and that it did conduct

the Regulatory Flexibility Analysis required under 5 U.S.C. 601 et seq.

Another commenter asked whether NPS took into account the effects

which the rule would have on the value of assets, (e.g., vessels,

fishing gear, permits). NPS stated in its economic analysis that it did

not account for the effect of the rule on assets. NPS believes that any

asset effects will be small for two reasons: (1) the market for used

equipment is extensive and the effect of fishing restrictions in one

venue (Glacier Bay) on market prices is minimal, and (2) there are

opportunities for fishermen displaced to replace significant portions

of lost revenues in other fishing venues. Further, Congress has

appropriated funds to compensate for estimated economic losses. Since

NPS and the State of Alaska have not yet developed the decision rules

and eligibility criteria for dispensing these funds, the opportunity to

identify effects that warrant compensation still exists.

Several commenters argued that the NPS's analysis was flawed, and

in particular, that: the analysis did not meet the standards of 5

U.S.C. 601 et seq.; NPS did not reveal the details of its study design;

and, NPS failed to use the best scientific data available. NPS

consulted extensively with staff at the Small Business Administration

regarding the design of the study, and was careful to comply with the

standards of 5 U.S.C. 601 et seq. Although NPS did not publish the

State of Alaska's Commercial Fisheries Entry Commission (CFEC) data,

nor the individual calculations made therefrom, it fully described the

nature of these calculations and published the cumulative results. The

NPS also used the best scientific data available for its analysis.

A few commenters questioned NPS's finding that the rule is not a

significant regulatory action for purposes of E.O. 12866 (Regulatory

Planning and Review) and 2 U.S.C. 1501 et seq. (Unfunded Mandates

Reform Act). In response, NPS notes that we have determined that the

rule is significant under E.O. 12866 but not under 2 U.S.C. 1501. The

NPS estimated that the present value of the income effects of the rule

would be less than $9.2 million. A present value of $9.2 million is

equivalent to $276,000 annually, assuming a discount rate of 3% in

perpetuity, or $358,000 annually, if the full impact is absorbed over

50 years. NPS used the best scientific data available to arrive at this

estimate, and made what it believed to be very conservative assumptions

in conducting the analysis. As described in the economic analysis, NPS

based its analysis on (1) data collected by the CFEC on harvest sizes

and values, location of catch, and permittee participation by venue and

(2) two studies conducted by Dr. Jeff Hartman, Alaska Department of

Fish and Game. NPS has confidence in Dr. Hartman's analysis; it was

carefully designed and executed and formed the basis of Congress's $23

million appropriation for compensation.

No changes were made in the Final Rule as a result of the public

comment detailed above. NPS notes, however, that the eligibility

criteria adopted by this rule (as proposed in the re-proposed rule) are

less stringent than the criteria originally proposed in the 1997

proposed rule. NPS chose the less stringent criteria because public

comment and the initial regulatory flexibility analysis led NPS to

conclude that the more stringent criteria would have adversely affected

the economic well being of an unacceptably high number of fishermen as

well as local communities.

(3) The rule will apply primarily to current holders of a valid

limited-entry, commercial fishery permit for Tanner crab, halibut, and/

or salmon troll fisheries that have fished within Glacier Bay proper or

adjacent areas over the ten year period 1989-98. Because some permit

holders may hold permits for multiple fisheries and because statistical

reporting units for which permit holders report their catch align

poorly with park boundaries or have changed configuration over time it

is extremely difficult to estimate the number of permit holders

impacted by the rule (i.e., those displaced by, or not qualifying to

continue fishing under, the

[[Page 56461]]

rule). Our best estimates, obtained from the CFEC, indicate that 40-50

Tanner crabbers, 80-220 halibut fishermen, 80-330 hand trollers and

100-380 power trollers would be displaced from Glacier Bay proper.

Estimates for salmon trollers encompass both summer and winter

fisheries openings for Statistical Area 114, which includes Cross Sound

and Icy Strait in addition to Glacier Bay proper. The troll fishery in

the Bay proper typically occurs during the winter opening and the

number of affected entities is most likely closer to the lower estimate

for this fishery. Other small entities which are likely to be affected

by this final rule include: vessel owners who are not permit holders,

crew members, seafood processing firms, seafood processing laborers,

lost tax revenues to local government jurisdictions, and fishing

support sector small entities in local communities (i.e., chandlerys,

fishing gear and hardware stores, fuel sales, grocery stores, boat

mechanics, etc.). Fewer than 40 vessel owners who are not permit

holders are currently estimated to be affected by this final rule,

although the number of vessels that will continue to be leased by

qualifying permit holders and will continue to participate in Glacier

Bay proper fisheries is unknown. It is currently not possible to

estimate the number of small entities in these other classes because

many of the spatial and temporal parameters of projected affects are

currently not well known.

(4) The projected reporting, record keeping and other compliance

requirements are described in the rule. Section 13.65(a)(5) outlines

the specific type of documentation that an applicant must provide to

the superintendent to obtain a lifetime access permit. Section 123

requires fishermen to provide a sworn and notarized personal affidavit

attesting to their history of participation as a limited permit holder

within Glacier Bay, during the qualifying period, for each fishery for

which a lifetime access permit is being sought. Section 123 also

requires applicants to provide other documentation that corroborates

their history of participation in the fishery, and a copy of their

current State of Alaska limited entry permit (and in the case of

halibut, an International Pacific Halibut Commission quota share) that

is valid for the area that includes Glacier Bay for each fishery for

which a lifetime access permit is sought. Licensing and landing

histories--two types of readily available corroborating documentation--

are required by this regulation. A certified printout of an applicant's

licensing history in a fishery is available at no charge from the CFEC.

The licensing history corroborates participation in the fishery during

the qualifying years. Landing reports, documenting an applicant's

harvest activities in a specific commercial fishery by year and

location, are available at no charge from the Alaska Department of Fish

and Game (ADFG).

The classes of small entities which will be subject to the

requirement are current limited entry permit holders for the Glacier

Bay commercial halibut fishery who have participated as a permit holder

in that fishery for at least two years during the period 1992-1998, and

current limited entry permit holders for the Glacier Bay salmon or

Tanner crab commercial fisheries who have participated as a permit

holder in that fishery for at least three years during the period

1989--1998. No professional skills are necessary for preparation of the

report or record. All necessary materials are available either from

ADFG or the CFEC.

(5) NPS has and will continue to mitigate the significant economic

impact on small entities impacted by this statute by the following

actions:

This rule adopts October 1, 2000 as the effective date of

the Glacier Bay proper permit requirement, rather than the re-proposed

rule date of January 1, 2000 to give applicants more time to collect

the required documentation and apply for the permit.

This rule selected the less stringent eligibility criteria

for lifetime permits that was published in the re-proposed rule (two

years in seven, and three years in ten) rather than the eligibility

criteria that was originally proposed (six years in ten).

NPS will administer, in a fair and timely manner, the

mandated 23 million dollar compensation program, which will recompense

small entities affected by the phase-out of commercial fishing in

specified areas of Glacier Bay National Park.

Most aspects of the rule are direct requirements of Section 123.

Section 123 also directed the Secretary of the Interior to determine

the eligibility criteria for the Glacier Bay fishery. The eligibility

criteria adopted by this rule (as proposed in the re-proposed rule) is

less stringent than the criteria originally proposed in the 1997

proposed rule. NPS chose the less stringent criteria because public

comment and the initial regulatory flexibility analysis led NPS to

conclude that the more stringent criteria would have adversely affected

the economic well being of an unacceptably high number of fishermen as

well as local communities. The reasons for not selecting alternative

criteria are discussed extensively both above and in the re-proposed

rule (64 FR 41854, 41860-63, August 2, 1999).

NPS has placed a copy of the final regulatory flexibility analysis

on file in the Administrative Record at the address specified in the

ADDRESSES section. Copies are available upon request.

Regulatory Planning and Review

This document is a significant rule and has been reviewed by the

Office of Management and Budget under Executive Order 12866.

a. This rule will not have an annual economic effect of $100

million or adversely affect an economic sector, productivity, the

environment, or other units of government. Jobs in local Alaska

communities will be lost and a Federally funded compensation program

will mitigate the economic impacts on individuals and the communities.

An economic analysis has been completed and is attached (See Regulatory

Flexibility Act Section). With this rule we are establishing

eligibility requirements and application procedures for obtaining a

permit for lifetime access to three commercial fisheries authorized in

Glacier Bay proper.

b. This rule will not create inconsistencies with other agencies'

actions. Section 123 calls for the Secretary and the State of Alaska to

cooperate in the development of a management plan to regulate these

ongoing commercial fisheries. Certain inlets or areas of inlets of

Glacier Bay proper are either closed to all commercial fishing, or

limited to trolling by qualifying fishermen for king salmon during the

winter season. Section 123 confirms the statutory prohibition on

commercial fishing within the Park's designated wilderness areas, and

authorizes compensation for qualifying Dungeness crab fishermen who had

fished in designated wilderness waters of the Beardslee Islands and

Dundas Bay.

c. This rule will not materially affect entitlements, grants, user

fees, loan programs, or the rights and obligations of their recipients.

This rule implements and establishes eligibility requirements and

application procedures for obtaining a permit for lifetime access to

three commercial fisheries authorized in Glacier Bay proper.

d. This rule raised novel legal or policy issues regarding the

management of fisheries in Glacier Bay National Park.

[[Page 56462]]

Small Business Regulatory Enforcement Fairness Act

This rule is not a major rule under the Congressional review

provisions of the Small Business Regulatory Enforcement Fairness Act (5

U.S.C. 804(2)). This rule:

a. does not have an effect on the economy of $100 million or more,

as demonstrated in the economic analysis;

b. will not cause an increase in costs or prices for consumers,

individual industries, Federal, State or local government entities, or

geographic regions;

c. does not have significant adverse effects on competition,

employment, investment, productivity, innovation, or the ability of

U.S.-based enterprises to compete with foreign-based enterprises (See

Regulatory Flexibility Act Section).

Unfunded Mandates Reform Act

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1502

et seq.):

a. This rule will not ``significantly or uniquely'' affect small

governments. A Small Government Agency Plan is not required. This rule

does not change the relationship between the NPS and small governments.

b. The Department has determined and certifies pursuant to the

Unfunded Mandates Reform Act that this rule will not impose a cost of

$100 million or more in any given year on local, State or tribal

governments or private entities. (See Regulatory Flexibility Act

Section.)

Takings

In accordance with Executive Order 12630, the rule does not have

significant takings implications. No takings of personal property will

occur as a result of this rule. Perceived takings due to job loss will

be offset by the compensation program. This rule implements and

establishes eligibility requirements and application procedures for

obtaining a permit for lifetime access to three commercial fisheries

authorized in Glacier Bay proper. (See Regulatory Flexibility Act

Section.)

Federalism

In accordance with Executive Order 12612, the rule does not have

significant Federalism effects. The primary effect of this rule is to

implement eligibility requirements and application procedures for

obtaining a permit for lifetime access to three commercial fisheries

authorized in waters of Glacier Bay National Park.

Civil Justice Reform

The Department has determined that this rule meets the applicable

standards provided in Section 3(a) and 3(b)(2) of Executive Order

12988. The rule does not unduly burden the judicial system. NPS drafted

this rule in plain language to provide clear standards and to ensure

that the rule is easily understood. We consulted with the Department of

the Interior's Office of the Solicitor during the drafting process.

Paperwork Reduction Act

This rule contains information collection requirements subject to

Office of Management and Budget (OMB) approval under the Paperwork

Reduction Act of 1995. The collection of information contained in

section 13.65(a)(5)(iii) of this rule is for issuing a permit for

lifetime access to three authorized commercial fisheries within Glacier

Bay proper based upon sufficient historical participation. The

information collected will be used to determine who qualifies for the

issuance of a permit for lifetime access. It is necessary for someone

to apply to obtain a permit.

Specifically, NPS needs the following information from an applicant

to issue a permit for lifetime access to the salmon troll fishery,

Tanner crab pot and ring net fishery, and halibut longline fishery

authorized within Glacier Bay proper: (1) Full name, date of birth,

mailing address and phone number. (2) A sworn and notarized personal

affidavit attesting to the applicant's history of participation as a

limited entry permit or license holder in one or more of the three

authorized Glacier Bay fisheries during the qualifying years. (3) A

copy of a current State or--in the case of halibut--International

Pacific Halibut Commission commercial fishing permit card or license

that is valid for the area including Glacier Bay proper. (4)

Documentation of commercial landings within the statistical units or

areas that include Glacier Bay proper during the qualifying period. (5)

Any available corroborating information that can assist in a

determination of eligibility for the lifetime access permits for the

three authorized fisheries within Glacier Bay proper.

NPS has submitted the necessary documentation to the Office of

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

approval for the collection of this information for all areas covered

by this rule under permit number 1024-0125.

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, DC 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, DC 20503.

National Environmental Policy Act

In April 1998, NPS released a comprehensive Commercial Fishing

Environmental Assessment (EA) that described and addressed the

potential environmental impacts of the proposed action (the 1997

proposed rule) and four alternatives for managing commercial fishing

activities in the marine waters of the park. On October 21, 1998

Section 123 of the Omnibus Consolidated and Emergency Supplemental

Appropriations Act for FY 1999 (Section 123), was passed by Congress

and signed into law. Congress passed Section 123 toward the end of what

had already been an extended public involvement and comment period on

the 1997 proposed rule and 1998 EA. Congress, in passing Section 123,

clarified and limited the Secretary of the Interior's discretionary

authority with respect to authorizing commercial fishing in Glacier Bay

National Park. Section 123 required the Secretary to describe

eligibility criteria for the lifetime access permits for Glacier Bay

proper, closed certain named inlets and wilderness waters, and

clarified that the outer marine waters of the park should remain open

to existing fisheries under a cooperatively developed state/federal

management plan. Based on the information in the EA a finding of no

significant impact was determined and no environmental impact statement

will be prepared.

Effective Date

In accordance with 5 U.S.C. (d)(3) this rule is effective October

20, 1999, with the exception of paragraphs (a)(10) (i)-(iii) which take

effect on January 1, 2000. We find good cause to implement this

regulation to meet the requirement mandated by Congress in Pub. L. 106-

31 Sec. 501(e).

List of Subjects in 36 CFR Part 13

Alaska, National parks, Reporting and recordkeeping requirements.

[[Page 56463]]

For the reasons stated in the preamble, the National Park Service

amends 36 CFR part 13 as follows:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

1. The authority citation for part 13 is amended 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; Pub. L. 105-

277, 112 Stat. 2681, October 21, 1998; Pub. L. 106-31, 113 Stat. 57,

May 21, 1999.

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) Commercial fishing: authorizations, closures and restrictions.

(1) What terms do I need to know?

(i) Commercial fishing means conducting fishing activities under

the appropriate commercial fishing permits and licenses as required and

defined by the State of Alaska.

(ii) Glacier Bay means all marine waters within Glacier Bay

National Park, including coves and inlets, north of an imaginary line

drawn from Point Gustavus to Point Carolus.

(iii) Outer waters means all of the non-wilderness marine waters of

the park located outside of Glacier Bay.

(2) Is commercial fishing authorized in the marine waters of

Glacier Bay National Park? Yes--Commercial fishing is authorized within

the outer waters of the park and within the non-wilderness waters of

Glacier Bay, subject to the provisions of this chapter.

(i) Commercial fishing shall be administered pursuant to A

cooperatively developed State/federal park fisheries management plan,

international conservation and management treaties, and existing

federal and Non-conflicting State law. The management plan shall

provide for the protection of park values and purposes, the prohibition

on any new or expanded fisheries, and the opportunity to study marine

resources.

(ii) Commercial fishing or conducting an associated buying or

processing operation in wilderness waters is prohibited.

(iii) A new or expanded fishery is prohibited. The Superintendent

shall compile a list of the existing fisheries and gear types used in

the outer waters and follow the procedures in Secs. 1.5 and 1.7 of this

chapter to inform the public.

(iv) Maps and charts showing which marine areas of Glacier Bay are

closed to commercial fishing are available from the Superintendent.

(3) What types of commercial fishing are authorized in Glacier Bay?

Three types of commercial fishing are authorized in Glacier Bay non-

wilderness waters: longline fishing for halibut; pot and ring fishing

for Tanner crab; and trolling for salmon.

(i) All other commercial fishing, or a buying or a processing

operation not related to an authorized fishery is prohibited in Glacier

Bay.

(ii) On October 1, 2000, each fishery will be limited to fishermen

who qualify for a non-transferable commercial fishing lifetime access

permit (see paragraph (a)(4) of this section). Commercial fishing

without a permit issued by the superintendent, or other than in

accordance with the terms and conditions of the permit, is prohibited.

(iii) The Superintendent shall include in a permit the terms and

conditions that the superintendent deems necessary to protect park

resources. Violating a term or condition of the permit is prohibited.

(4) Who is eligible for a Glacier Bay commercial fishing lifetime

access permit? A Glacier Bay commercial fishing lifetime access permit

will be issued by the superintendent to fishermen who have submitted

documentation to the superintendent, on or before October 1, 2000,

which demonstrates to the satisfaction of the superintendent that:

(i) They possess valid State limited entry commercial fishing

permits for the district or statistical area encompassing Glacier Bay

for each fishery for which a lifetime access permit is being sought;

and,

(ii) They have participated as limited entry permit holders for the

district or statistical area encompassing Glacier Bay for each fishery

for which a lifetime access permit is being sought.

(A) For the Glacier Bay commercial halibut fishery, the Applicant

must have participated as a permit holder for at least two years during

the period 1992-1998.

(B) For the Glacier Bay salmon or Tanner crab commercial fisheries,

the applicant must have participated as a permit holder for at least

three years during the period 1989-1998.

(5) What documentation is required to apply for a commercial

fishing lifetime access permit? The required documentation includes:

(i) The applicants full name, date of birth, mailing address and

phone number;

(ii) A notarized affidavit, sworn by the applicant, attesting to

his or her history of participation as a limited permit holder in

Glacier Bay, during the qualifying period, for each fishery for which a

lifetime access permit is being sought;

(iii) A copy of the applicant's current State of Alaska limited

entry permit and in the case of halibut an International Pacific

Halibut Commission quota share, that is valid for the area that

includes Glacier Bay, for each fishery for which a lifetime access

permit is sought;

(iv) Proof of the applicant's permit and quota share history for

the Glacier Bay fishery during the qualifying period;

(v) Documentation of commercial landings for the Glacier Bay

fishery during the qualifying periods, i.e., within the statistical

unit or area that includes Glacier Bay: for halibut, regulatory sub-

area 184; for Tanner crab, statistical areas 114-70 through 114-77. For

salmon, the superintendent will consider landing reports from District

114; however, the superintendent may require additional documentation

that supports the applicant's declaration of Glacier Bay salmon

landings. For halibut and Tanner crab, the superintendent may consider

documented commercial landings from the unit or area immediately

adjacent to Glacier Bay (in Icy Strait) if additional documentation

supports the applicant's declaration that landings occurred in Glacier

Bay.

(vi) Any additional corroborating documentation that might assist

the superintendent in a timely determination of eligibility for the

access permits.

(6) Where should the documentation for a lifetime access permit be

sent? Before October 1, 2000, all required information (as listed in

paragraph (a)(5) of this section) should be sent to: Superintendent,

Attn: Access Permit Program, Glacier Bay National Park and Preserve,

P.O. Box 140, Gustavus, Alaska 99826.

(7) Who determines eligibility? The superintendent will make a

written determination of an applicant's eligibility for the lifetime

access permit based on information provided. A copy of the

determination will be mailed to the applicant. If additional

information is required to make an eligibility determination, the

applicant will be notified in writing of that need and be given an

opportunity to provide it.

(8) Is there an appeals process if a commercial fishing lifetime

access permit application is denied? Yes--If an applicant's request for

an a commercial fishing lifetime access permit is denied, the

superintendent will provide the applicant with the reasons for the

denial in writing within 15 days of the

[[Page 56464]]

decision. The applicant may appeal to the Regional Director, Alaska

Region, within 180 days. The appeal must substantiate the basis of the

applicant's disagreement with the Superintendent's determination. The

Regional Director (or his representative) will meet with the applicant

to discuss the appeal within 30 days of receiving the appeal. Within 15

days of receipt of written materials and the meeting, if requested, the

Regional Director will affirm, reverse, or modify the Superintendent's

determination and explain the reasons for the decision in writing. A

copy of the decision will be forwarded promptly to the applicant and

will be the final agency action.

(9) How often will commercial fishing lifetime access permit be

renewed? The superintendent will renew lifetime access permit at 5-year

intervals for the lifetime of a permittee who continues to hold a valid

State limited entry commercial fishing permit, and for halibut an

International Pacific Halibut Commission quota share, and is otherwise

eligible to participate in the fishery under federal and State law.

(10) What other closures and restrictions apply to commercial

fishermen and commercial fishing vessels?

The following are prohibited:

(i) Commercial fishing in the waters of Geikie, Tarr, Johns Hopkins

and Reid Inlets.

(ii) Commercial fishing in the waters of the west arm of Glacier

Bay north of 58 deg.50'N latitude, except commercial fishermen who have

been authorized by the superintendent to troll for salmon may troll for

king salmon during the period October 1 through April 30, in compliance

with state commercial fishing regulations.

(iii) Commercial fishing in the east arm of Glacier Bay, north of

an imaginary line running from Point Caroline through the southern

point of Garforth Island and extending to the east side of Muir Inlet,

except commercial fishermen who have been authorized by the

superintendent to troll for salmon may troll for king salmon south of

58 deg.50'N latitude during the period October 1 through April 30, in

compliance with state commercial fishing regulations.

(b) * * *

(5) [Reserved]

(6) [Reserved]

* * * * *

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 99-27297 Filed 10-19-99; 8:45 am]

BILLING CODE 4310-70-P