[Federal Register Volume 69, Number 231 (Thursday, December 2, 2004)]
[Rules and Regulations]
[Pages 70061-70074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26372]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024-AD13


National Park System Units in Alaska

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule revises the special regulations for the NPS-
administered areas in Alaska. These regulations were first adopted in 
1981 as ``interim guidance'' and the minimum necessary to administer 
the new park areas established by the Alaska National Interest Lands 
Conservation Act. While we have made some changes to the rule since 
1981, there has been no comprehensive review. This revision is the 
start of an ongoing review process for the purpose of maintaining up-
to-date regulations that are responsive to changing public and resource 
needs.

DATES: This rule is effective on January 3, 2005.

ADDRESSES: Mail inquiries to the National Park Service, Regional 
Director, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 
99501 or by e-mail to <a href="/cdn-cgi/l/email-protection#bddcd6cfd2e2cfd8dac8d1dcc9d4d2d3cefdd3cdce93dad2cb"><span class="__cf_email__" data-cfemail="74151f061b2b061113011815001d1b1a07341a04075a131b02">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: National Park Service, Victor Knox, 
Deputy Regional Director, Alaska Regional Office, 240 West 5th Ave., 
Anchorage, AK 99501. Telephone: (907) 644-3501. E-mail: <a href="/cdn-cgi/l/email-protection#fc9d978e93a38e999b89909d889593928fbc928c8fd29b938a"><span class="__cf_email__" data-cfemail="b1d0dac3deeec3d4d6c4ddd0c5d8dedfc2f1dfc1c29fd6dec7">[email protected]</span></a>. Fax: (907) 644-3816.

SUPPLEMENTARY INFORMATION:

Background

    Each park area in Alaska has a compendium consisting of the 
compiled designations, closures, openings, permit requirements, and 
other provisions established by the Superintendent under the 
discretionary authority granted in 36 CFR 1.5 and elsewhere in 
regulations. As a result of our review of part 13 and the associated 
park compendiums the following changes are being made. These changes, 
discussed below under Summary of Comments, and as noted above, 
represent the first phase of an ongoing rulemaking process to be 
conducted in conjunction with an annual review of individual park 
compendiums. Most of the revised rules replace existing provisions in 
park compendiums. Also included are four rules that had been under 
separate consideration apart from the compendium review process and are 
included with this rulemaking for administrative convenience and 
efficiency. Each of these rules is identified in the Summary of 
Comments paragraphs that follow. As used within this document, the 
terms ``we,'' ``our,'' and ``us'' refer to the National Park Service.

Summary of Comments

    The proposed rule was published for public comment on April 2, 2004 
(69 FR 17355), with the initial comment period lasting until June 1, 
2004. The comment period was extended to June 16, 2004 (69 FR 31778). 
The National Park Service received 17 timely written responses 
regarding various sections of the proposed rule. All of the responses 
were either separate letters or email messages. Of the 17 responses two 
were from governmental agencies (one state and one local), eight were 
from non-governmental organizations (including

[[Page 70062]]

one consolidated response from six signatory groups), two were from 
small businesses, and five were submitted by individuals. Many proposed 
changes either received supporting comments or no comments. These 
sections are being adopted as proposed unless noted otherwise below. 
The proposed sections that did receive comments of opposition or 
revision are discussed below.

General Comments

    The newly initiated part 13/park compendia review process: One 
governmental agency and five non-governmental organizations provided 
positive feed-back regarding the new review process, mentioning 
improved clarity and simplicity, consistency among park units, with 
state rules, and with ANILCA. One individual opposed annual reviews as 
too costly and unnecessary and recommended no less than a five-year 
review period. Another individual expressed opposition to the results 
of the new process for Denali National Park and Preserve, commenting 
that the change from park compendium rules to part 13 rules would 
result in reduced resource protection.
    NPS Response: The new review process is intended to provide more 
up-to-date rules with greater public participation in the process. We 
believe the new rulemaking system can achieve this goal in a flexible 
manner that can be responsive to changing resource needs and public 
interest. The review process is expected to be less costly and more 
efficient because of its tie-in with the annual compendium process.
    Extend comment period: Two organizations recommended extending the 
comment period to the fall to allow more time for commercial fishermen 
to research the changes, primarily the proposals affecting Glacier Bay 
National Park.
    NPS Response: The issues of concern for commercial fishermen have 
been covered in detail by the two government agencies, three 
organizations, one business (a commercial fisherman and crewmember), 
and two individuals. We do not believe that extending the comment 
period would be likely to result in significantly different comments to 
those received and we recognize that these comments represent a broader 
base of interest. The NPS response to the specific issues of concern is 
provided below in the affected section for Glacier Bay National Park.

Specific Comments

    Section 13.1 Definitions: The State of Alaska (State) requested 
that the word ``water'' be removed from the definition of airstrip 
asserting the state's jurisdiction to regulate activities in state 
waterways. One individual opposed the development of new airstrips.
    NPS Response: The specific purpose of providing the definition at 
this time is to prohibit obstruction of airstrips as provided by newly 
adopted Sec.  13.10. The intent of the definition is to include all 
landing areas used by aircraft. After review, the NPS believes that the 
more inclusive term ``park areas,'' defined in Sec.  13.1, is a better 
choice for this section. The definition as proposed or as adopted did 
not alter the applicability and scope of the regulations as set forth 
in Sec.  1.2 and 13.2. This rule will have no affect on the development 
of new airstrips.
    Section 13.4 Information Collection: One organization commented 
that this change is unclear with specific concern expressed about the 
collection of additional information for commercial fishing.
    NPS Response: The revision to Sec.  13.4 will result in no change 
in the information collection approvals for the NPS. The revision 
corrects references to outdated information approval numbers that have 
been revised by OMB and the NPS since the section was originally 
adopted. With regard to commercial fishing at Glacier Bay National 
Park, the NPS is not considering the collection beyond that currently 
approved for the determinations of life-time access permit 
applications.
    Section 13.18 Camping and Picnicking: The State recommended 
revising the proposed regulatory language in Sec.  13.18(a)(2) to 
clarify that the reference to relocating camps that interfere with 
public access applies to the relocation of specific camps and not to a 
general closure to camping. Also, the State suggested moving this part 
of subsection (a)(2) to subsection (a)(1) because it is a type of 
restriction that better fits under that subsection.
    NPS Response: The NPS agrees that the rule should refer to 
relocating specific camps rather than all camps to improve clarity and 
this recommendation has been adopted. The NPS believes that the 
location of the proposed language is adequate.
    Section 13.19 Weapons, Traps, Bows and Nets: The State and one 
organization commented that this section should apply equally to all 
Alaska park areas. The State also commented that the cross reference to 
Sec.  2.4 is confusing and should be removed. One other organization 
questioned whether this section would apply to commercial fishing, 
especially whether the NPS considers crab pots to be traps for purposes 
of this section. One individual recommended that all guns and trapping 
be banned.
    NPS Response: The distinctions for the pre-ANILCA areas are based 
on public comments during previous rulemaking. The NPS intends to 
continue to examine this section by issue and by park. The reference to 
Sec.  2.4 is intended as a reader aid to understand which regulations 
apply to weapons, traps and nets in the Alaska park areas identified in 
subsection (a). Removing the reference would not change how the general 
and special regulations apply in Alaska areas. For these reasons we 
have retained the reference to Sec.  2.4 in the final rule. Regarding 
the applicability to commercial fishing, subsection (e) clearly 
provides an exception for the taking of fish and wildlife when these 
activities are authorized by applicable law or regulation. Because of 
the complexity of the changes to this section, we have printed the 
entire revised section in the Federal Register, including redesignated 
subsections that have not been revised. Sport and subsistence hunting 
and trapping in preserves and subsistence hunting in certain parks and 
monuments is authorized by statute. Consequently a statewide regulatory 
ban is not appropriate.
    Section 13.20 Preservation of Natural Features: The State requested 
treating all parks uniformly. One organization inquired whether this 
rule applies to commercial fishing, especially the authority to limit 
size and quantity. Another organization commented that the collection 
of plants and mushrooms should be allowed for personal use and for 
ceremonial use. One individual opposed gathering of all plants because 
of the likelihood of profiteering.
    NPS Response: The distinctions for the pre-ANILCA areas are based 
on public comments during previous rulemaking. The NPS intends to 
continue to examine this section by issue and by park. This section 
does not apply to commercial fishing which is prohibited by 2.3(d)(4) 
except where specifically authorized by Federal statutory law. Certain 
types of commercial fishing activities are authorized by statute in 
portions of Glacier Bay National Park and Preserve. That statutory 
authorization is implemented in 13.65. Regarding the organization's 
comment on collection of plants and mushrooms, it is apparent that the 
formatting of the proposed rule made it difficult to see that the 
existing allowances for gathering and collecting for personal use and 
ceremonial use

[[Page 70063]]

have been carried over to the final rule. Because of the complexity of 
the changes to this section, we have printed the entire revised section 
in the Federal Register. Profiteering in natural resources from park 
areas is prohibited and has not been a significant problem to date for 
plant resources in the Alaska park areas.
    Section 13.21 Taking of Fish and Wildlife: The State commented that 
the explanatory reference to Sec.  2.2 in the proposed rule preamble 
should be removed. The State also requested that reference be made in 
the final rule regarding a commitment by the NPS to consultation with 
the State fish and game agency before implementing any restrictions 
involving the take and transport of fish and wildlife. One organization 
commented that procedures for transporting lawfully taken wildlife 
through park areas should only be done after public notice and 
participation. One individual repeated the request for a ban on hunting 
and trapping noted above.
    NPS Response: The reference to Sec.  2.2 was used to modify the 
phrase ``lawfully taken wildlife'' in the context of establishing 
transport procedures through NPS areas where hunting is not authorized. 
We agree that the reference is somewhat misleading because lawfully 
taken wildlife would include wildlife taken outside NPS areas in areas 
not subject to Sec.  2.2. For that reason we acknowledge that the 
reference should have been simply to ``lawfully taken wildlife'' 
regardless of whether it was taken in an area subject to NPS 
regulations or outside an NPS area in accordance with other legal 
authorization. We note that the reference does not appear in the 
regulatory language of the final rule. Regarding the NPS commitment to 
fish and wildlife consultation with the State, while this is beyond the 
scope of the proposed rule presented for public review in this 
rulemaking process, we do acknowledge our commitment to the 
departmental policy on state-federal relationships for fish and 
wildlife. This policy is published at 43 CFR Part 24, and currently 
provides for state consultation in conjunction with NPS restrictions on 
hunting, trapping, and fishing. There are also references to 
consultation in Sec.  2.2 and Sec.  13.21. Concerning the organization 
request for public notice and participation before adopting wildlife 
transport rules, the process represented by this rulemaking has 
included public notice and an opportunity to participate through the 
submission of comments. We believe this rulemaking process has provided 
the requested opportunity for public participation. Public 
participation in this rulemaking has included a broad cross-section of 
agencies, groups, businesses, and individuals that would be expected to 
be interested in the subject matter of the proposed rules. For that 
reason we believe this rule has benefited from substantial and focused 
public participation. Finally, we again note that a ban on hunting and 
trapping is not realistic because of the statutory authorization of 
hunting and trapping in many NPS areas. Also, in those NPS areas closed 
to hunting and trapping, it is often necessary for wildlife taken 
lawfully on State or private land within or effectively surrounded by 
the park to be transported through the closed NPS area.
    Section 13.22 Unattended or Abandoned Property: The State submitted 
several comments for this section. First of all, the State supports the 
four-month rule for leaving personal property provided NPS includes a 
simple procedure, such as by phone, for authorizing longer periods. 
Second, the State requests a private registration option for labeling 
personal property. Third, the State opposes the 30 gallon fuel limit as 
unrealistic for common activities such as long hunts and fish camps. 
Preferred is the current 55 gallon fuel drum because size is not as 
important as safe and leak-free. The State recommends increasing the 
size limit or deleting the restriction. Finally, the State is opposed 
to the specific distance requirement from water for fuel storage 
preferring instead a flexible restriction based on specific problem 
situations and resource concerns. One organization requested a privacy 
option for registering personal property, an increase in fuel storage 
to 55 gallons with the addition of a requirement for water-tight 
containers, a less restrictive distance requirement for fuel storage 
near water to accommodate boat fueling, and opposition to the 24-hour 
restriction for leaving property unattended on facilities. One 
individual requested a ban on fuel storage in park areas.
    NPS Response: The NPS intends to use the 4 month time period for 
paragraph (b), noting that the Superintendent may change this time 
period in paragraph (c), which has not been revised. The NPS agrees 
that some parties may not want to leave their name and other personal 
information on unattended property. The regulation has been revised so 
that the property can be marked and the pertinent information be left 
with the Superintendent so that the responsible party can be identified 
if necessary. The NPS intends to retain the 30 gallon restriction, 
noting that the Superintendent has the discretion to relax this 
condition if needed. The rule does not explicitly prohibit the use of 
55 gallon drums, but does regulate the amount of fuel contained in the 
drum. There have been concerted efforts in many parks to remove 
abandoned 55 gallon drums and there is a general reluctance to continue 
to allow this quantity when there has been little public input opposing 
the 30 gallon limit. Some areas, however, like Yukon-Charley Rivers 
National Preserve, intend to allow more than 30 gallons and also allow 
fuel to be left closer to water sources. It is hoped that individuals 
will use smaller containers since they could be more easily transported 
to and from the backcountry. The NPS has modified the distance 
provision for storing fuel away from water. The section has been 
revised so that the fuel may be stored closer to water sources if it is 
contained in a spill proof overpack container, which is a type of 
secondary containment system designed to prevent spills. The 
Superintendent has discretion to relax the distance from water 
condition if needed. The NPS believes that the prohibition on leaving 
property on facilities is appropriate given the definition of 
``facilities.'' The Superintendent may authorize leaving property 
longer on facilities for special circumstances. A ban on temporary fuel 
storage caches in NPS areas is not warranted at this time and would 
unduly burden park visitors.
    Section 13.30 Closure Procedures: One organization commented that 
the closure provisions in this section must comply with the closure 
requirements established by ANILCA.
    NPS Response: The facility closures and restrictions are based on 
public health, safety, and protection of public property. It is noted 
that reference to closures, which are now subject to the provisions of 
43 CFR 36.11, have been deleted from this section.
    Section 13.46 Use of Snowmobiles, Motorboats, Dog Teams, and Other 
Means of Surface Transportation Traditionally Employed by Local Rural 
Residents Engaged in Subsistence Uses: Four organizations, including 
one consortium of six separate organizations, expressed concern that 
the unrevised heading of subsection (e) should also be changed to 
eliminate confusion regarding the difference between ANILCA title VIII 
and title XI access provisions.
    NPS Response: The intent in revising subsection (e) was to correct 
the obsolete reference to another section without making any other 
changes to the regulatory text. To date we are not aware of instances 
in which confusion

[[Page 70064]]

on the meaning of this section has caused use of unauthorized methods 
of transportation. The intent is simply to say that the methods of 
transportation covered by the section are subject to a different 
regulation when not being used for subsistence purposes. We acknowledge 
that the intent could be expressed a little more clearly and will 
consider presenting the suggested clarification for public comment as 
part of the next phase of review for part 13.
    Section 13.60 Aniakchak National Monument and Preserve: One 
organization requested that the adoption of regulatory language for 
wildlife viewing standards be done only after adequate public notice 
and participation. One individual objected to hunting in the monument 
and requested that it be banned.
    NPS Response: The NPS values public notice and participation in 
rulemaking. We are also committed to a policy of civic engagement 
through the public planning process, in interpretive and educational 
programming and directly in preserving significant resources. This 
particular section, including the referenced viewing protocol 
provision, was developed in consultation with the State of Alaska and 
commercial operators active in the Monument and the public provided 
input in the annual compendium review. Subsistence hunting in the 
Monument and subsistence and sport hunting in the preserve are 
authorized by statute.
    Section 13.62 Cape Krusenstern National Monument: Four 
organizations submitted comments for this section. Three expressed 
concern for the precedent this rule might set for other subsistence 
parks. Three also commented that this rule could result in additional 
impacts from increased all-terrain vehicle use. Two commented that use 
of ``areas'' rather than ``communities'' is inconsistent with ANILCA. 
One stated that public notice for the environmental review associated 
with this rule was inadequate, while another suggested that the 
proposal appeared to be hidden among unrelated proposals. And finally, 
one organization stated that a likely increase in the number of 
eligible subsistence users would create a need for greater public 
educational efforts by the NPS.
    NPS Response: While we acknowledge the change from community based 
resident zones to a region-wide resident zone is a significant 
departure from current practice, we note that northwest Alaska 
subsistence users have pursued this approach for their region from the 
early days of the subsistence program for reasons specific to their 
area. The rule reflects subsistence patterns and distinctive social, 
economic, demographic, and cultural characteristics of northwest 
Alaska. We are not aware of interest in or justifications for this 
approach elsewhere and do not consider it to be precedent setting.
    We acknowledge that the term ``area'' was not used in either ANILCA 
or the legislative history for the law. Even so, we believe the 
existing NPS resident zone regulations, which include the term, are not 
inconsistent with the law and provide the necessary flexibility to 
achieve congressional intent in special circumstances such as this. As 
noted above, the use of a large region-wide area to designate a 
resident zone is unique to northwest Alaska and does not represent a 
programmatic trend or a divergence from congressional intent.
    Public notice for the environmental assessment (EA) for this rule 
was published in the Arctic Sounder newspaper and posted on local 
bulletin boards. Also, copies of the EA were mailed to 85 agencies, 
organizations, and individuals. Our goal is to provide general public 
notice as well as direct notice to interested parties resulting in as 
much public involvement as possible. We regret that some interested 
parties did not become aware of the EA for this rule when it was first 
published but we are committed to improving the coverage of our mailing 
lists. We note that the public notice for this rule also referenced the 
EA and provided additional opportunity for review as reflected in the 
various comments received.
    This rulemaking project has resulted in a number of unrelated part 
13 rule changes being incorporated in a single proposed rule document 
for the first time since part 13 was adopted in 1981. Since then 
changes have generally been made for single sections or subparts. 
However, as noted in the background section above, we have begun with 
this rulemaking a periodic review process for part 13. While it is 
recognized that this will often bring together multiple subject areas, 
they will all be Alaska related. This approach is expected to increase 
administrative efficiency and reduce instances of needed changes being 
delayed due to the fixed workload that goes with every rule change 
regardless of size. Interestingly, the resident zone proposal in this 
rule that prompted this comment received substantially more public 
response than a similar stand-alone resident zone rulemaking that was 
recently completed for another park area. Consequently, our experience 
initially does not indicate a problem with this approach for public 
involvement.
    The various compliance reviews for this rule indicate that there 
will not be a significant change in the level of subsistence use. This 
rule merely removes the need for some eligible users to apply for a 
permit. Very few local residents who would not otherwise be eligible 
will become eligible because of this rule. Regardless, we note that one 
aspect of the subsistence culture of northwest Alaska is the inherent 
self-regulating nature of the activity because of the homogeneity of 
the primary user group. Variance from accepted practices and 
established rules are quickly observed and considered. For these 
reasons we do not believe there will be a sudden change in subsistence 
behavior requiring increased public educational efforts for new 
subsistence users. ATV use will not increase because ATV use is not 
authorized except for two easements.
    Section 13.63 Denali National Park and Preserve: Three 
organizations and two individuals recommended that the name 
``Frontcountry Developed Area'' (FDA) be revised by deleting the word 
``Developed'' because it tends to misrepresent and confuse the actual 
and planned use of the described area. These individuals and 
organizations also commented that the use of the FDA as a designated 
area for prohibiting certain uses is overly restrictive for some 
activities and generally will cause enforcement problems by creating a 
gap or ``no-mans land'' where the prohibitions do not apply. Also this 
approach to regulating in the FDA will result in an unnecessarily 
complex administrative process for making changes as circumstances 
change such as new trail construction. Finally, one individual 
recommended that ATV's, snowmobiles, and jet-skis be banned in addition 
to roller skates, because of the pollution these types of vehicles 
produce.
    NPS Response: The NPS has retained the use of the name 
``Frontcountry Developed Area'' for use in these regulations. The NPS 
does not agree the use of the term ``Developed'' is problematic in this 
regulation. The NPS agrees with commenters that many parts of this 
section were overly complicated. Accordingly, sections dealing with 
pets, bicycles, and skating devices have been revised. The section on 
fires was revised for clarity. The park website was added as an 
additional information source. Personal watercraft (jet-skis) are 
prohibited in the park and ATV's and snowmobiles are the subject of 
other rules which regulate their use in NPS areas in Alaska.

[[Page 70065]]

    Section 13.65 Glacier Bay National Park and Preserve: One 
organization repeated its opposition above to the word ``developed'' 
when used as part of the name for a heavy use area subject to further 
restriction. One organization requested that the bicycle restriction be 
changed to a closed unless open approach, while another suggested 
prevention of user conflicts through education and speed limits rather 
than closure. The State and a local municipality, three organizations, 
a business owner, and two individuals opposed the restrictions on 
commercial fishing activities at the Bartlett Cove public use dock. One 
individual recommended a 15 minute time-limit at the fuel dock. The 
State suggested revising the camping orientation requirement to 
accommodate repeat campers, while three organizations favor backcountry 
camping permits in conjunction with an orientation requirement. One 
organization commented that it is unclear whether the Bartlett Cove 
passenger transport authorization applies to vessels as well as land 
transportation. One individual objected to lifetime access permits for 
commercial fishing in the park, recommended restricting hunting, 
trapping, ATV's, and snowmobiles in the Bartlett Cove Developed Area, 
and opposed the collection of naturally shed goat hair.
    NPS Response: The NPS has retained the use of the name ``Bartlett 
Cove Developed Area'' for use in these regulations. The NPS does not 
agree the use of the term ``Developed'' is problematic in this 
regulation. The NPS believes that the restriction on the three 
specified trails is appropriate, given the location and nature of the 
trails.
    Commercial fishing in Glacier Bay proper is limited to those 
fishermen who qualified for a lifetime access permit by meeting the 
criteria established by statute. The eligibility criteria for these 
permits have been judicially interpreted as reflected in this rule. We 
have reprinted all of subsection (5) on crewmember documentation 
guidelines in the Federal Register final rule for further clarity.
    The NPS agrees that the proposed language regarding commercial sale 
of fish at the Bartlett Cove public use dock is confusing. The 
paragraph has been revised to reflect the allowance of the current, 
small scale selling of fish at the dock. Formalizing the rules for 
these activities in the park special regulations will provide more 
certainty rather than less. The general NPS regulations at 36 CFR part 
5 prohibit business activity in park areas without a permit, contract, 
or other written agreement unless specifically authorized under special 
regulations for a particular park area. For this reason, the continued 
authorization in the current manner of selling fish at the dock without 
a park special regulation could be questioned. Consequently, adoption 
of the rule will more clearly bring park practice into conformity with 
the general NPS regulations, thus providing increased assurance for 
continuation of existing use. A time-limit for the fuel dock is not 
considered necessary at this time because of the requirement that boats 
not be left unattended while at the fuel dock.
    The NPS agrees that a camping permit that incorporates an 
orientation and information on backcountry conditions at the time of 
issuance, would be useful in accommodating campers need for up-to-date 
information as well as management of an area of concentrated visitor 
use. The NPS further concurs that camping permits are widely used, 
accepted and understood by the public, and that the use of the 
terminology ``required orientation'' could lead to confusion among the 
visiting public. To minimize the burden on the public, however, the 
permit requirement will be limited to the area in Glacier Bay National 
Park with the majority of the visitor safety and resource protection 
issues related to visitor camping. Camping permits will only be 
required in the area within \1/4\ nautical mile above the mean high 
tide of Glacier Bay, as this is an area of concentrated visitor camping 
and is also a bear feeding and migration area. This permit requirement 
does not authorize limits on the number of campers.
    Regarding hunting, trapping, ATV's and snowmobiles in the Bartlett 
Cove Developed Area, this area is already closed to hunting and 
trapping, while ATV's and snowmobiles are the subject of other rules 
which regulate their use in park areas in Alaska. Finally, because the 
collection of naturally shed goat hair will be a permitted activity 
only, we believe it can be carefully managed to avoid overuse.
    Section 13.66 Katmai National Park and Preserve: The State urged 
NPS coordination with the state Board of Fishery and state fishery 
managers before attaching additional conditions to the traditional 
redfish fishery. As noted above, one organization repeated its concern 
for use of the word ``developed'' as a naming reference for heavy use 
areas, in the case of this section, the ``Brooks Camp Developed Area.'' 
One business opposed the Brooks River closure provision in the area of 
the falls absent a convenient and safe transit route around the closed 
area. The business also commented that the wildlife viewing rule is 
unclear about when a concentrated food source is being used, is not 
required for resource protection or for human safety and may increase 
risk through sudden human retreat from surprise encounters. Also 
requested was a statement of intent not to displace anglers. One 
organization requested additional public notice and participation prior 
to the adoption of a wildlife viewing protocol as indicated. Finally, 
one individual objected to excepting hunters from the wildlife viewing 
distance conditions and recommended that hunting and trapping be 
banned.
    NPS Response: The NPS agrees with the request for cooperation and 
is committed to the departmental policy on intergovernmental 
cooperation in the management of fish and wildlife. However, because 
the traditional redfish fishery at the park is a federal statutory 
authorization, it is somewhat independent of the regular State fishery 
management system. Even so, our intent is to work closely with the 
State in the management of the fishery. The closure provision for the 
Brooks River Falls area is intended to route anglers around the falls 
and the visitor platforms. The paragraph has been revised to more 
accurately reflect the desire to allow transit through the area. The 
paragraph provides flexibility, as one option would be a trail around 
the closure instead of through it. The wildlife viewing condition rule 
does not require visitors to retreat suddenly from an approaching bear 
nor is the rule intended to close entire waterways. Approaching a bear 
or continuing to occupy a position within 50 yards of a bear that is 
attempting to feed on salmon, for example, is prohibited, while 
maintaining your position while a bear transits the area, is not. The 
intent is not to displace bears from an important food source. Anglers 
and others may be displaced by bears attempting to use this food 
source. Any viewing protocols would be established by Superintendent's 
authority in the compendium, which is subject to public review. 
Additionally, the NPS is correcting two editing errors, increasing the 
amount of time property can be left at Lake Camp to 72 hours in 
paragraph (e), and correcting a property rule by adding an ``as 
posted'' wording so subparagraph (c)(10) reads ``equipment caches as 
posted at the Brooks Camp Visitor Center.'' Finally, the exception for 
hunters under the wildlife distance rule has a fairly limited 
application, applying only in the preserve where hunting is allowed. 
The park, which

[[Page 70066]]

comprises most of the total area of the combined park and preserve, is 
closed to hunting and trapping.
    Section 13.67 Kenai Fjords National Park: One organization 
requested a change in the proposed rule for public use cabins to allow 
the cabin permit holder to waive the restriction on others camping near 
the cabin.
    NPS Response: The rule limiting use of public use cabins and nearby 
areas to the permit holder is intended to include members of the permit 
holder's party. In effect the restriction allows the permit holder to 
use the cabin and a nearby designated tent site for camping purposes. 
The primary use of the area remains the public use cabin, although the 
designation of a tent site allows the cabin permit holder the option of 
tent camping. The intent of the rule is to prevent resource damage 
(such as soil compaction, erosion, vegetative damage and multiple fire 
rings) but also provides flexibility to the cabin permit holder. The 
NPS also has the authority to provide otherwise as a permit condition 
or in emergency situations, as necessary.
    Section 13.68 Klondike Gold Rush National Historical Park: One 
individual objected to the allowance for gathering mushrooms in the 
park.
    NPS Response: The collection of mushrooms has not been prohibited 
in most of the other Alaska park areas for some time without overuse or 
other incidental resource abuse. Mushrooms are fairly abundant in the 
area of the park and have been collected near the park non-commercially 
by local residents for many years without harm to the resource. 
Consequently, there does not appear to be a resource protection need 
for continuing the restriction of this activity at this time.
    Section 13.69 Kobuk Valley National Park: Four organizations 
submitted comments for this section. Three expressed concern for the 
precedent this rule might set for other subsistence parks. Three also 
commented that this rule could result in additional impacts from 
increased all-terrain vehicle use. Two commented that use of ``areas'' 
rather than ``communities'' is inconsistent with ANILCA. One stated 
that public notice for the environmental review associated with this 
rule was inadequate, while another suggested that the proposal appeared 
to be hidden among unrelated proposals. And finally, one organization 
stated that a likely increase in the number of eligible subsistence 
users would create a need for greater public educational efforts by the 
NPS.
    NPS Response: While we acknowledge the change from community based 
resident zones to a region-wide resident zone is a significant 
departure from current practice, we note that subsistence users have 
pursued this approach for their region from the early days of the 
subsistence program for reasons specific to their area. The rule 
reflects subsistence patterns and distinctive social, economic, 
demographic, and cultural characteristics of northwest Alaska. We are 
not aware of interest or justifications for this approach elsewhere and 
do not consider it to be precedent setting.
    We acknowledge that the term ``area'' was not used in either ANILCA 
or the legislative history for the law. Even so, we believe the 
existing NPS resident zone regulations, which include the term, are not 
inconsistent with the law and provide the necessary flexibility to 
achieve congressional intent in special circumstances such as this. As 
noted above, the use of a large region-wide area to designate a 
resident zone is unique to northwest Alaska and does not represent a 
programmatic trend or a divergence from congressional intent.
    Public notice for the environmental assessment (EA) for this rule 
was published in the Arctic Sounder newspaper and posted on local 
bulletin boards. Also, copies of the EA were mailed to 85 agencies, 
organizations, and individuals. Our goal is to provide general public 
notice as well as direct notice to interested parties resulting in as 
much public involvement as possible. We regret that some interested 
parties did not become aware of the EA for this rule when it was first 
published but we are committed to improving the coverage of our mailing 
lists. We note that the public notice for this rule also referenced the 
EA and provided additional opportunity for review as reflected in the 
various comments received.
    This rulemaking project has resulted in a number of unrelated part 
13 rule changes being incorporated in a single proposed rule document 
for the first time since part 13 was adopted in 1981. Since then 
changes have generally been made for single sections or subparts. 
However, as noted in the background section above, we have begun with 
this rulemaking a periodic review process for part 13. While it is 
recognized that this will often bring together multiple subject areas, 
they will all be Alaska related. This approach is expected to increase 
administrative efficiency and reduce instances of needed changes being 
delayed due to the fixed workload that goes with every rule change 
regardless of size. Interestingly, the resident zone proposal in this 
rule that prompted this comment received substantially more public 
response than a similar stand-alone resident zone rulemaking that was 
recently completed for another park area. Consequently, our experience 
initially does not indicate a problem with this approach for public 
involvement.
    The various compliance reviews for this rule indicate that there 
will not be a significant change in the level of subsistence use. This 
rule merely removes the need for some eligible users to apply for a 
permit. Very few local residents who would not otherwise be eligible 
will become eligible because of this rule. Regardless, we note that one 
aspect of the subsistence culture of northwest Alaska is the inherent 
self-regulating nature of the activity because of the homogeneity of 
the primary user group. Variance from accepted practices and 
established rules are quickly observed and considered. For these 
reasons we do not believe there will be a sudden change in subsistence 
behavior requiring increased public educational efforts for new 
subsistence users. ATV use will not increase because ATV use is not 
authorized.
    Section 13.72 Sitka National Historical Park: The state recommended 
cooperative planning with the City of Sitka for bicycle use. One 
organization repeated a concern for use restrictions expressed above 
under section 13.63, specifically for bicycles and skating devices, 
preferring prevention of user conflicts through speed limits and 
education rather than prohibition. One individual recommended extending 
the bicycle prohibition to ATV's, jet-skis, snowmobiles, and other 
polluting devices.
    NPS Response: The NPS agrees that cooperative planning with the 
City of Sitka is desirable. Given the nature of the park, its size and 
visitation patterns, the NPS believes that restricting bicycles and 
skating devices is necessary, but allows for Superintendent discretion 
to open areas if future conditions warrant. The NPS also dropped the 
word ``overnight'' as a description of camping. This is consistent with 
other park areas. The phrase ``other skating devices'' was also changed 
to ``similar devices'' for consistency. Jet skies (personal watercraft) 
are currently prohibited in the park, and ATV's and snowmobiles are the 
subject of other rules which regulate their use in the Alaska park 
areas.
    Section 13.73 Wrangell-St. Elias National Park and Preserve: One 
organization repeated its concern for use of the term ``developed'' 
when designating concentrated use areas.

[[Page 70067]]

Another organization requested prior notice to interested user groups 
and descriptive clarity of affected activities when NPS exercises the 
general closure authority of subsection (e).
    NPS Response: As discussed earlier, the NPS believes the word 
``Developed'' is appropriate in this rule. The NPS agrees with the 
comment concerning notice to interested user groups. If this subsection 
(e) is utilized, items will be addressed in the Superintendent's 
compendium, which annually seeks public input and provides public 
notice.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    A qualitative cost/benefit analysis was conducted to examine 
specific costs and benefits associated with this proposed regulation. 
That analysis concludes that positive net benefits would be generated 
by each component of the proposed regulatory action, and hence by the 
regulatory action overall. Further, governmental processes in NPS-
administered areas in Alaska would be improved, and market failures 
would be more effectively addressed. Therefore, it is anticipated that 
economic efficiency would be improved by this proposed regulatory 
action.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. Actions 
taken under this rule will not interfere with other agencies or local 
government plans, policies, or controls. This is an agency specific 
rule. The proposals included with this rulemaking apply on areas 
managed by the National Park Service and are not known to be 
inconsistent with other Federal regulations. Several proposals are 
specifically intended to improve consistency between State and Federal 
areas. The review process used to develop the rulemaking proposals 
included consultation with the State of Alaska Department of Natural 
Resources to seek views of appropriate officials and to provide maximum 
conformity with State rules on adjacent lands as well as active 
participation where the NPS is proposing variation from similar State 
regulations.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. This rule will have no effects on entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. No grants or other forms of monetary supplements are 
involved. While this proposed rule would implement a statutory use 
authorization for traditional fishing at Katmai National Park and 
Preserve and broaden slightly commercial fishing access at Glacier Bay 
National Park, neither entitlement has budgetary impact.
    (4) This rule does not raise novel legal or policy issues. This 
rule simply implements miscellaneous existing legislative enactments, 
judicial interpretations, and regulatory provisions. The proposed rule 
is not a completely new proposal, but rather a continuation of the 
rulemaking process begun in 1980 to administer the park areas 
established and expanded by the Alaska National Interest Lands 
Conservation Act (ANILCA). The NPS has sought to promulgate only those 
regulations necessary to implement the law and to provide for the 
health and safety of the public and the environment. While the legal 
and policy issues associated with the established and expansion of 
ANILCA park areas may have been considered novel when adopted, they 
have long since lost their novelty. Management of park areas in Alaska 
has become routine and the process begun by this rulemaking is intended 
to increase participation and cooperation in the evolution of NPS 
regulations for Alaska.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The economic effects of this rule are local in nature and negligible in 
scope. The proposals in this rulemaking will either implement rules 
unrelated to business activity or make permanent various temporary and 
emergency rules under which area businesses have been operating. The 
rules included in this proposed rulemaking will have either no effect 
or in some cases a salutary effect by eliminating year to year 
uncertainty for businesses and park visitors. The regulatory 
flexibility analysis prepared for the original Glacier Bay commercial 
fishing regulations (see Record of Compliance, RIN 1024-AB99, dated 
July 27, 1999) remains applicable and is not changed by this proposed 
rule.
    A qualitative Regulatory Flexibility threshold analysis was 
conducted to examine potential impacts to small entities. Based on the 
cost/benefit analysis referred to above, that threshold analysis 
concludes that, since no significant costs are anticipated for any 
component of the proposed action, significant economic impacts would 
not be imposed on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), SBREFA. This 
rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. Expenses related to compliance with various provisions of this 
proposed rule are slight. No new user fees or charges are proposed. Any 
incidental costs of registering, checking-in, or participating in 
orientation programs would be small and often would not be additional 
to those already associated with visiting park areas.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The proposed provisions of this 
rulemaking will generally continue existing rules and use patterns for 
the park areas in Alaska. As noted above, new registration and 
orientation requirements for some activities can be accomplished 
generally at no additional cost to that currently incurred in visiting 
park areas. Application costs associated with subsistence permits at 
Cape Krusenstern National Monument and Kobuk Valley National Park will 
be substantially reduced by the proposed changes in the subsistence 
resident zones for those units.
    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. The 
various provisions of this proposed rule do not apply differently to 
U.S.-based enterprises and foreign-based enterprises. The proposed 
changes to the Glacier Bay commercial fishing regulations will have a 
beneficial effect on local small businesses by making eligibility 
criteria for commercial fishing lifetime access permits less 
restrictive. It is expected that a small number of limited entry permit 
holders may be able to qualify for commercial fishing in the park.

[[Page 70068]]

Unfunded Mandates Reform Act

    This rule addresses only actions that will be taken by the NPS. It 
will not require any State, local or tribal government to take any 
action that is not funded. In accordance with the Unfunded Mandates 
Reform Act (2 U.S.C. 1501 et seq.):
    a. This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. This rule 
is an agency specific rule and imposes no other requirements on small 
governments. Several of the proposed regulations are based on State of 
Alaska statutes. For example, the proposed regulations involving 
airstrip obstruction, backcountry camping and protection of dead, 
standing wood are based on current State of Alaska law. This 
consistency between the State of Alaska and the National Park Service 
is a benefit to visitors.
    b. This rule will not produce a federal mandate of $100 million or 
greater in any year, i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implications assessment is 
not required because no taking of personal property will occur as a 
result of this proposed rule. The proposed change in the Glacier Bay 
commercial fishing regulations will slightly broaden commercial fishing 
access and the regulatory flexibility analysis previously prepared for 
those regulations remains applicable (see section 2 above).

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. The proposed rule is limited in effect to 
Federal lands and waters managed by the NPS and will not have a 
substantial direct effect on State and local government in Alaska. This 
proposed rule was initiated in part at the request of the State and has 
been drafted in close consultation with the State of Alaska and, as 
such, promotes the principles of federalism.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the order. This rule does not impose a new burden on the judicial 
system.

Paperwork Reduction Act

    This regulation requires an information collection from 10 or more 
parties, which must be submitted for OMB approval under the Paperwork 
Reduction Act. However, these are not new collection requirements and, 
therefore, no additional request to OMB has been prepared. The 
information collection activities are necessary for the public to 
obtain benefits in the form of concession contracts and special use 
permits. Information collection associated with the award of concession 
contracts is covered under OMB control number 1024-0125; the 
information collection associated with the issuance of special use 
permits is covered under OMB control number 1024-0026.

National Environmental Policy Act

    We have analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act and 516 DM. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment. An environmental assessment and finding of no 
significant impact for the Cape Krusenstern National Monument and Kobuk 
Valley National Park resident zone proposals has been completed. The 
remainder of the rule has been determined to be categorically excluded 
from further NEPA analysis in accordance with Departmental Guidelines 
in 516 DM 6 (49 FR 21438), and NPS procedures in Reference Manual-
12.3.4.A(8), and there are no applicable exceptions to categorical 
exclusions (516 DM 2, Appendix 2; RM-12.3.5). Both are available at the 
Alaska Regional Office, 240 5th Avenue, Anchorage, Alaska, 99501, 907-
644-3533.

Government-to-Government Relationship With Tribes

    In accordance with Executive Order 13175 ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249); the 
President's memorandum of April 29, 1994, ``Government-to-Government 
Relations with Native American Tribal Governments'' (59 FR 22951); the 
Department of the Interior--Alaska Policy on Government-to-Government 
Relations with Alaska Native Tribes dated January 18, 2001; Part 512 of 
the Departmental Manual, Chapter 2 ``Departmental Responsibilities for 
Indian Trust Resources''; and various park consultation agreements with 
tribal governments, the potential effects on federally-recognized 
Indian tribes have been evaluated, and it has been determined at this 
time that there are no potential effects.
    While the consultation agreements noted above have not resulted in 
findings of potential effects, a number of the proposed rules have been 
included as a direct consequence of consultation. Among these are the 
Glacier Bay National Park and Preserve proposals for the gathering of 
shed goat hair for weaving and the collection of certain renewable 
plant resources for traditional uses. Also influenced by consultation 
are the Katmai National Park and Preserve redfish proposal and the Cape 
Krusenstern National Monument and Kobuk Valley National Park 
subsistence resident zone proposals. These various proposals are of 
interest to local residents using these NPS areas and have been 
facilitated by the relationships established through government-to-
government consultation. Finally, the initial determination of effect 
noted here is dynamic and subject to change throughout this rulemaking 
process due to the ongoing nature of government-to-government 
consultation for the NPS areas in Alaska.
    Drafting Information: The principal contributors to this final rule 
are: Vic Knox, Deputy Regional Director; Chuck Young, Chief Ranger, 
Glacier Bay National Park and Preserve; Hunter Sharp, Chief Ranger, 
Wrangell-St. Elias National Park and Preserve; Jim Ireland, Chief 
Ranger, Kenai Fjords National Park; Lou Waller, Jay Liggett, Jane 
Hendrick, Andee Hansen, Terry Humphrey, Joan Darnell, Heather Rice, 
Thetus Smith, and Paul Hunter, Alaska Regional Office.

List of Subjects in 36 CFR Part 13

    Alaska, National Parks, Reporting and recordkeeping requirements.

0
In consideration of the foregoing, the National Park Service amends 36 
CFR part 13 as follows:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

0
1. Revise the authority citation for part 13 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. 2681-259, October 21, 1998; Pub. L. 106-31, 113 Stat. 
72, May 21, 1999; Sec. 13.66(c) also issued under Sec. 1035, Pub. L. 
104-333, 110 Stat. 4240, November 12, 1996.


0
2. Amend Sec.  13.1 by:
0
A. Removing the words ``The term'' from the first sentence of each 
paragraph;

[[Page 70069]]

0
B. Removing all alphabetical paragraph designations; and
0
C. Adding the following terms in alphabetical order.


Sec.  13.1  Definitions.

* * * * *
    Airstrip means visible, marked, or known aircraft landing areas in 
park areas. Airstrips may be marked with cones, lights, flagging, or 
windsocks, or be unmarked but recognizable because they have been 
cleared of vegetation or other obstructions.
* * * * *
    Facility means buildings, structures, park roads as defined by 
Sec.  1.4, parking lots, campgrounds, picnic areas, paved trails, and 
maintenance support yards.
* * * * *

0
3. Revise Sec.  13.4 to read as follows:


Sec.  13.4  Information collection.

    The information collection requirements contained in Sec. Sec.  
13.17, 13.31, 13.44, 13.45, 13.49, 13.51, and 13.65 are necessary for 
park Superintendents to issue concession contracts and special use 
permits, and have been approved by the Office of Management and Budget 
under 44 U.S.C. 3507. Information collections associated with the award 
of concession contracts are covered under OMB control number 1024-0125; 
the information collections associated with the issuance of special use 
permits are covered under OMB control number 1024-0026.

0
4. Add Sec.  13.10 to read as follows:


Sec.  13.10  Obstruction of airstrips.

    (a) A person may not place an object on the surface of an airstrip 
that, because of its nature or location, might cause injury or damage 
to an aircraft or person riding in the aircraft.
    (b) A person may not dig a hole or make any kind of excavation, or 
drive a sled, tractor, truck, or any kind of vehicle upon an airstrip 
that might make ruts, or tracks, or add to an accumulation of tracks so 
as to endanger aircraft using the airstrip or persons riding in the 
aircraft.

0
5. Revise Sec. Sec.  13.18 through 13.20 to read as follows:


Sec.  13.18  Camping and picnicking.

    (a) Camping. (1) Camping is authorized in park areas except where 
such use is prohibited or otherwise restricted by the Superintendent in 
accordance with this section, the provisions of Sec.  13.30, or as set 
forth for specific park areas in subpart C of this part.
    (2) Site time-limits. Camping is authorized for 14 consecutive days 
in one location. Camping is prohibited after 14 consecutive days in one 
location unless the camp is moved at least 2 miles or unless authorized 
by the Superintendent. A camp and associated equipment must be 
relocated immediately if determined by the Superintendent to be 
interfering with public access or other public interests or adversely 
impacting park resources.
    (3) Designated campgrounds. Except at designated campgrounds, 
camping is prohibited on NPS facilities. The Superintendent may 
establish restrictions, terms, and conditions for camping in designated 
campgrounds. Violating restrictions, terms, and conditions is 
prohibited.
    (b) Picnicking. Picnicking is authorized in park areas except where 
such activity is prohibited or otherwise restricted by the 
Superintendent. The public will be notified by one or more of the 
following methods--
    (1) Signs posted at conspicuous locations, such as normal points of 
entry or reasonable intervals along the boundary of the affected park 
locale;
    (2) Maps available in the office of the Superintendent and other 
places convenient to the public;
    (3) Publication in a newspaper of general circulation in the 
affected area; or
    (4) Other appropriate methods, including park websites, brochures, 
maps, and handouts.


Sec.  13.19  Weapons, traps, and nets.

    (a) Irritant chemical devices, including bear spray, may be 
carried, possessed, and used in accordance with applicable Federal and 
non-conflicting State laws, except when prohibited or restricted under 
Sec.  13.30.
    (b) Paragraphs (d) through (g) of this section apply to all park 
areas in Alaska except Klondike Gold Rush National Historical Park, 
Sitka National Historical Park and the former Mt. McKinley National 
Park, Glacier Bay National Monument and Katmai National Monument.
    (c) Except as provided in this section and Sec.  2.4 of this 
chapter, the following are prohibited--
    (1) Possessing a weapon, trap, or net;
    (2) Carrying a weapon, trap, or net;
    (3) Using a weapon, trap, or net.
    (d) Firearms may be carried, possessed, and used within park areas 
in accordance with applicable State and Federal laws, except where such 
carrying, possession, or use is prohibited or otherwise restricted 
under Sec.  13.30.
    (e) Traps, bows and other implements (other than firearms) 
authorized by applicable State and Federal law for the taking of fish 
and wildlife may be carried, possessed, and used within park areas only 
during those times when the taking of fish and wildlife is authorized 
by applicable law or regulation.
    (f) In addition to the authorities provided in paragraphs (d) and 
(e) of this section, weapons (other than firearms), traps, and nets may 
be possessed within park areas provided such weapons, traps, or nets 
are within or upon a device or animal used for transportation and are 
unloaded and cased or otherwise packed in such a manner as to prevent 
their ready use while in a park area.
    (g) Notwithstanding the provisions of this section, local rural 
residents who are authorized to engage in subsistence uses, including 
the taking of wildlife under Sec.  13.48, may use, possess, or carry 
traps, nets and other weapons in accordance with applicable State and 
Federal laws.


Sec.  13.20  Preservation of natural features.

    (a) This section applies to all park areas in Alaska except 
Klondike Gold Rush National Historical Park, Sitka National Historical 
Park, the former Mt. McKinley National Park, and the former Katmai 
National Monument.
    (b) Gathering or collecting natural products is prohibited except 
as allowed by this section, Sec.  2.1 of this chapter, or part 13, 
subpart C. For purposes of this paragraph, ``natural products'' 
includes living or dead fish and wildlife or parts or products thereof, 
plants or parts or products thereof, live or dead wood, fungi, 
seashells, rocks, and minerals.
    (c) Gathering or collecting, by hand and for personal use only, of 
the following renewable resources is permitted--
    (1) Natural plant food items, including fruits, berries and 
mushrooms, but not including threatened or endangered species;
    (2) Driftwood and uninhabited seashells;
    (3) Such plant materials and minerals as are essential to the 
conduct of traditional ceremonies by Native Americans; and
    (4) Dead wood on the ground for use as fuel for campfires within 
the park area.
    (d) The Superintendent may authorize, with or without conditions, 
the collection of dead standing wood in all or a portion of a park 
area. Collecting dead or downed wood in violation of terms and 
conditions is prohibited.
    (e) Surface collection, by hand (including hand-held gold pans) and 
for personal recreational use only, of rocks

[[Page 70070]]

and minerals is permitted, with the following exceptions:
    (1) Collection of silver, platinum, gemstones and fossils is 
prohibited; and
    (2) Collection methods that may result in disturbance of the ground 
surface, such as the use of shovels, pickaxes, sluice boxes, and 
dredges, are prohibited.
    (f) The Superintendent may limit the size and quantity of the 
natural products that may be gathered or possessed.
    (1) Under conditions where it is found that significant adverse 
impact on park resources, wildlife populations, subsistence uses, or 
visitor enjoyment of resources will result, the Superintendent will 
prohibit the gathering or otherwise restrict the collecting of natural 
products.
    (2) The Superintendent will notify the public of portions of a park 
area in which closures or restrictions apply by:
    (i) Publishing a notice in at least one newspaper of general 
circulation in the State and providing a map available for public 
inspection in the office of the Superintendent; or
    (ii) Posting appropriate signs.
    (g) Subsistence. Nothing in this section shall apply to local rural 
residents authorized to take renewable resources.

0
6. In Sec.  13.21, add new paragraph (d)(5) to read as follows:


Sec.  13.21  Taking of fish and wildlife.

* * * * *
    (d) * * *
    (5) Persons transporting wildlife through park areas must identify 
themselves and the location where the wildlife was taken when requested 
by an NPS employee or other authorized person.
* * * * *

0
7. In Sec.  13.22, revise paragraph (b) to read as follows:


Sec.  13.22  Unattended or abandoned property.

* * * * *
    (b) Personal property. (1) Leaving personal property longer than 4 
months is prohibited. The Superintendent may authorize property to be 
left in place for more than 4 months.
    (2) Identification information is required for all personal 
property left in park areas. Identification information consists of the 
owner's name, home address, telephone number, date that the property 
was left, and the type of fuel if the property contains fuel. This 
information must be--
    (i) Labeled on the property; or
    (ii) Provided to the Superintendent.
    (3) All property must be stored in such a manner that wildlife is 
unable to access the contents. Storing property in a manner that 
wildlife can access contents is prohibited.
    (4) Leaving fuel in more than one location in a park area or 
leaving more than 30 gallons of fuel is prohibited unless authorized by 
the Superintendent.
    (5) Storing fuel within 100 feet of a water source, high water mark 
of a body of water, or mean high tide is prohibited unless stored in a 
spill proof overpack container or authorized by the Superintendent. 
Fuel must be contained in an undamaged and closed fuel container 
designed for fuel storage. Fueling from containers must occur in such a 
manner that any spillage would be prevented from coming into contact 
with water, soil, or vegetation. Failure to properly contain or prevent 
spillage is prohibited.
    (6) Leaving property unattended for longer than 24 hours on 
facilities is prohibited unless authorized by the Superintendent.
    (7) Property left in violation of this section is prohibited and 
subject to impoundment and, if abandoned, disposal or forfeiture.
* * * * *

0
8. Amend Sec.  13.30 as follows:
0
A. Revise paragraphs (c) and (d);
0
B. Redesignate paragraph (h) as (i); and
0
C. Add a new paragraph (h).
    The revisions and additions read as follows:


Sec.  13.30  Closure procedures.

* * * * *
    (c) Emergency Closures. (1) Emergency closures or restrictions 
relating to the taking of fish and wildlife shall be accomplished by 
notice and hearing.
    (2) Other emergency closures shall become effective upon notice as 
prescribed in paragraph (f) of this section; and
    (3) No emergency closure or restriction shall extend for a period 
exceeding 30 days, nor may it be extended.
    (d) Temporary closures or restrictions. (1) Temporary closures 
shall be effective upon notice as prescribed in paragraph (f) of this 
section.
    (2) Temporary closures or restrictions shall not extend for a 
period exceeding 12 months and may not be extended.
* * * * *
    (h) Facility closures and restrictions. The Superintendent may 
close or restrict specific facilities for reasons of public health, 
safety, and protection of public property for the duration of the 
circumstance requiring the closure or restriction. Notice of facility 
closures and restrictions will be available for inspection at the park 
visitor center. Notice will also be posted near or within the facility, 
published in a newspaper of general circulation in the affected 
vicinity, or made available to the public by such other means as deemed 
appropriate by the Superintendent. Violating facilities closures or 
restrictions is prohibited.
* * * * *

0
9. Revise Sec.  13.46(e) to read as follows:


Sec.  13.46  Use of snowmobiles, motorboats, dog teams, and other means 
of surface transportation traditionally employed by local rural 
residents engaged in subsistence uses.

* * * * *
    (e) At all times when not engaged in subsistence uses, local rural 
residents may use snowmobiles, motorboats, dog teams, and other means 
of surface transportation in accordance with 43 CFR 36.11(c), (d), (e), 
and (g).

0
10. In Sec.  13.60, add a new paragraph (b) to read as follows:


Sec.  13.60  Aniakchak National Monument and Preserve.

* * * * *
    (b) Wildlife distance conditions. (1) Approaching a bear or any 
large mammal within 50 yards is prohibited.
    (2) Continuing to occupy a position within 50 yards of a bear that 
is using a concentrated food source, including, but not limited to, 
animal carcasses, spawning salmon, and other feeding areas is 
prohibited.
    (3) The prohibitions do not apply to persons--
    (i) Engaged in a legal hunt;
    (ii) On a designated bear viewing structure;
    (iii) In compliance with a written protocol approved by the 
Superintendent; or
    (iv) Who are otherwise directed by a park employee.

0
11. Revise Sec.  13.62(a) to read as follows:


Sec.  13.62  Cape Krusenstern National Monument.

    (a) Subsistence Resident Zone. The following area is included 
within the resident zone for Cape Krusenstern National Monument: The 
NANA Region.

0
12. Amend Sec.  13.63 by revising paragraph (b) and adding paragraphs 
(i), (j), and (k) to read as follows:


Sec.  13.63  Denali National Park and Preserve.

* * * * *
    (b) Camping. Camping is allowed in accordance with the backcountry 
management plan.
* * * * *

[[Page 70071]]

    (i) Frontcountry Developed Area. For purposes of this section, the 
Frontcountry Developed Area (FDA) means all park areas within the 
portion of the park formerly known as Mt. McKinley National Park (Old 
Park) not designated as Wilderness by Congress. A map showing the FDA 
is available at the park visitor center.
    (1) Camping from April 15 through September 30. (i) Camping is 
prohibited exceptin designated campgrounds in accordance with the terms 
and conditions of a permit. Violation of permit terms and conditions is 
prohibited.
    (ii) Camping in designated campgrounds for more than a total of 14 
days, either in a single period or combined periods, is prohibited.
    (2) Camping from October 1 through April 14. (i) Camping is 
prohibited except in designated campgrounds and the designated area 
where the park road is closed to motor vehicle use. A map showing the 
designated area is available at the park visitor center and on the park 
website.
    (ii) Camping without a permit is prohibited. Violation of permit 
terms and conditions is prohibited.
    (iii) Camping for more than a total of 30 days, either in a single 
period or combined periods, is prohibited.
    (3) Fires. Lighting or maintaining a fire is prohibited except--
    (i) In established receptacles within designated campgrounds;
    (ii) From October 1 through April 14 in that portion of the FDA 
where the park road is closed to motor vehicle use; and
    (iii) Under conditions that may be established by the 
Superintendent.
    (4) Pets. Possessing a pet is prohibited--
    (i) In the FDA, except in public parking areas, on or immediately 
adjacent to park roads, or in designated campgrounds;
    (ii) Within 150 feet of the park sled dog kennels; and
    (iii) Within 150 feet of the park water system intake facilities.
    (5) FDA closures and restrictions. The Superintendent may prohibit 
or otherwise restrict activities in the FDA to protect public health, 
safety, or park resources. Information on FDA closures and restrictions 
will be available for inspection at the park visitor center and on the 
park website. Violating FDA closures or restrictions is prohibited.
    (j) The use of a bicycle is prohibited--
    (1) On the Savage River Loop Trail; the Savage Cabin Trail; the 
Triple Lakes Trail; the McKinley Bar Trail; and the Eielson Area 
Trails;
    (2) Within the FDA except on park roads, road shoulders, and in 
public parking areas, or on trails and areas designated for bicycle use 
by the Superintendent. A map of the designated trails and areas open to 
bicycle use is available for inspection at the park visitor center and 
on the park website.
    (k) The use of roller skates, skateboards, roller skis, in-line 
skates, and similar devices is prohibited--
    (1) On the Savage River Loop Trail; the Savage Cabin Trail; the 
Triple Lakes Trail; the McKinley Bar Trail; and the Eielson Area 
Trails;
    (2) Within the FDA except on trails and areas designated by the 
Superintendent. A map of the designated trails and areas is available 
for inspection at the park visitor center and on the park website.

0
13. Amend Sec.  13.65 as follows:
0
A. Revise paragraphs (a)(4)(ii) and (a)(5)(i) through (a)(5)(v);
0
B. Amend paragraph (b)(1) by adding a new definition for ``Bartlett 
Cove Developed Area'' in alphabetical order immediately before the 
definition for ``Charter vessel';
0
C. Add new paragraphs (b)(3)(ix)(C)(1) and (2);
0
D. Remove paragraph (b)(7): and
0
E. Add new paragraphs (b) (5) through (9).
    The revisions and additions read as follows:


Sec.  13.65  Glacier Bay National Park and Preserve.

    (a) * * *
    (4) * * *
    (ii) They have participated as a limited entry permit holder or 
crewmember in 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 or crewmember for at least 2 
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 or crewmember 
for at least 3 years during the period 1989-1998.
    (5) How can an individual apply for a commercial fishing lifetime 
access permit? An applicant for a lifetime access permit must provide 
information sufficient to establish eligibility as follows:
    (i) The applicant's full name, date of birth, mailing address and 
phone number;
    (ii) A notarized affidavit (required), sworn by the applicant, 
attesting to his or her history of participation as a limited entry 
permit holder or crewmember 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 or, in the case of halibut, an international Pacific 
Halibut Commission quota share (required), that is valid for the area 
that includes Glacier Bay, for each fishery for which a lifetime access 
permit is sought;
    (iv) For qualifying years as a limited entry permit holder, 
available corroborating documentation of the applicant's permit and 
quota share history for the Glacier Bay fishery during the qualifying 
period, and/or for qualifying years as a crewmember, other available 
corroborating documentation of crewmember status. This may include a 
copy of the applicant's commercial crewmember license for each 
qualifying year, a notarized affidavit from their employer (generally a 
limited entry permit holder, or boat owner hired or contracted by a 
limited entry permit holder) stating the years worked by the applicant 
in a qualifying fishery in Glacier Bay, copies of tax forms W-2 or 
1099, pay stubs, or other documentation; and,
    (v) For applicants qualifying as a limited entry permit holder, 
available corroborating 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, this 
includes regulatory sub-area 184. For Tanner crab, this includes 
statistical areas 114-70 through 114-77. For salmon, the Superintendent 
may need 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.
* * * * *
    (b) * * *
    (1) * * *
    Bartlett Cove Developed Area means all NPS-administered lands and 
waters within 1 mile of any Bartlett Cove facility. A map showing the 
Bartlett Cove Developed Area is available at the park visitor center.
* * * * *
    (3) * * *
    (ix) * * *
    (C) * * *
    (1) Bartlett Cove Developed Area. (i) Camping is prohibited in the 
Bartlett

[[Page 70072]]

Cove Developed Area except in the Bartlett Cove Campground. From May 1 
through September 30, all overnight campers must register to camp in 
the Bartlett Cove Campground. Failure to register is prohibited.
    (ii) Cooking, consuming, or preparing food in the Bartlett Cove 
Campground is prohibited except in designated areas.
    (iii) Food storage. In the Bartlett Cove Developed Area, storing 
food in any manner except in a sealed motor vehicle, a vessel 
(excluding kayaks), a building, an approved bear-resistant food 
container, a bear-resistant trash receptacle, or a designated food 
cache is prohibited.
    (iv) Bicycles. Use of a bicycle is prohibited on the Forest Loop, 
Bartlett River and Bartlett Lake trails.
    (v) Bartlett Cove Developed Area closures and restrictions. The 
Superintendent may prohibit or otherwise restrict activities in the 
Bartlett Cove Developed Area to protect public health, safety, or park 
resources, or to provide for the equitable and orderly use of park 
facilities. Information on closures and restrictions will be available 
at the park visitor information center. Violating Bartlett Cove 
Developed Area closures or restrictions is prohibited.
    (2) Bartlett Cove Public Use Dock. (i) Docking, tying down, or 
securing aircraft is prohibited except at the designated aircraft float 
at the Bartlett Cove Public Use Dock. Docking, tying down, or securing 
aircraft to the Bartlett Cove Public Use Dock for longer than 3 hours 
in a 24-hour period is prohibited. Pilots must remain with aircraft or 
provide notice of their location to a park ranger. Failure to remain 
with the aircraft or provide notice to a park ranger is prohibited.
    (ii) Vehicles exceeding 30,000 pounds gross vehicle weight are 
prohibited on the dock, unless authorized by the Superintendent.
    (iii) Leaving personal property (other than vessels) unattended on, 
or attached to, the floats or pier without prior permission from the 
Superintendent is prohibited.
    (iv) Processing commercially caught fish on the Public Use Dock is 
prohibited.
    (v) The Superintendent may authorize the buying or selling of fish 
or fish products on or at the Public Use Dock. Buying or selling of 
fish or fish products is prohibited on or at the Public Use Dock 
without written permission from the Superintendent.
    (vi) Utilizing the fuel dock for activities other than fueling and 
waste pump-out is prohibited.
    (vii) Leaving a vessel unattended on the fuel dock for any length 
of time is prohibited.
    (viii) Using electrical shore power for vessels is prohibited 
unless otherwise authorized by the Superintendent.
* * * * *
    (5) Collection of interstadial wood. Collecting or burning 
interstadial wood (aged wood preserved in glacial deposits) is 
prohibited.
    (6) Collection of rocks and minerals. Collecting rocks and minerals 
in the former Glacier Bay National Monument is prohibited.
    (7) Collection of goat hair. The collection of naturally shed goat 
hair is authorized in accordance with terms and conditions established 
by the Superintendent. Violating terms and conditions for collecting 
goat hair is prohibited.
    (8) Camping. From May 1 through September 30, camping within 
Glacier Bay as defined by this section up to \1/4\ nautical mile (1519 
feet) above the line of mean high tide without a camping permit is 
prohibited. The Superintendent may establish permit terms and 
conditions. Failure to comply with permit terms and conditions is 
prohibited.
    (9) Commercial transport of passengers by motor vehicles in 
Bartlett Cove. Commercial transport of passengers between Bartlett Cove 
and Gustavus by motor vehicles legally licensed to carry 15 or fewer 
passengers is allowed without a permit. However, if required to protect 
public health and safety or park resources, or to provide for the 
equitable use of park facilities, the Superintendent may establish a 
permit requirement with appropriate terms and conditions for the 
transport of passengers. Failure to comply with permit terms and 
conditions is prohibited.

0
14. In Sec.  13.66 redesignate paragraph (b) as paragraph (a) and add 
new paragraphs (b) through (e), to read as follows:


Sec.  13.66  Katmai National Park and Preserve.

* * * * *
    (b) Traditional red fish fishery. Local residents who are 
descendants of Katmai residents who lived in the Naknek Lake and River 
Drainage will be authorized, in accordance with State fishing 
regulations or conditions established by the Superintendent, to 
continue their traditional fishery for red fish (spawned-out sockeye 
salmon that have no significant commercial value).
    (c) Brooks Camp Developed Area. For purposes of this section, the 
Brooks Camp Developed Area (BCDA) means all park areas within a 1.5 
mile radius from the Brooks Falls Platform and is depicted on a map 
available at the park visitor center. Paragraphs (c)(1) through (10) of 
this section apply from May 1 through October 31 unless stated 
otherwise.
    (1) Camping. (i) Camping is prohibited in all areas of the BCDA 
except within the Brooks Camp Campground and other designated areas.
    (ii) Camping in Brooks Camp Campground for more than a total of 7 
nights during the month of July is prohibited.
    (iii) Exceeding a group size limit of 6 persons per site in the 
Brooks Camp Campground while in operation as a designated fee area is 
prohibited.
    (2) Visiting hours. The Falls and Riffles bear viewing platforms 
and boardwalks are closed from 10 pm to 7 am from June 15 through 
August 15. Entering or going upon these platforms and boardwalks during 
these hours is prohibited.
    (3) Brooks Falls area. The area within 50 yards of the ordinary 
high water marks of the Brooks River from the Riffles Bear Viewing 
Platform to a point 100 yards above Brooks Falls is closed to entry 
from June 15 through August 15, unless authorized by the 
Superintendent. The Superintendent may designate a route to transit 
through the closed area.
    (4) Food storage. In the BCDA, all fish must be stored in 
designated facilities and in accordance with conditions established by 
the Superintendent. Storing fish in any other manner is prohibited. 
Employees may store fish in employee residences.
    (5) Campfires. Lighting or maintaining a fire is prohibited except 
in established receptacles in the BCDA.
    (6) Sanitation. Within the BCDA, washing dishes or cooking utensils 
at locations other than the water spigot near the food cache in the 
Brooks Campground or other designated areas is prohibited.
    (7) Pets. Possessing a pet in the BCDA is prohibited.
    (8) Bear Orientation. All persons visiting the BCDA must receive an 
NPS-approved Bear Orientation. Failure to receive an NPS-approved Bear 
Orientation is prohibited.
    (9) Picnicking. Within the BCDA, picnicking in locations other than 
the Brooks Camp Visitor Center picnic area, Brooks Campground, Brooks 
Lake Picnic Area, and a site designated in the employee housing area is 
prohibited. Food consumption or possession while at the Brooks River is 
prohibited.
    (10) Unattended property. Leaving property, other than motorboats 
and

[[Page 70073]]

planes, unattended for any length of time within the BCDA is 
prohibited, except at the Brooks Lodge Porch, Brooks Campground, or 
designated equipment caches as posted at the Brooks Camp Visitor 
Center.
    (11) BCDA closures and restrictions. The Superintendent may 
prohibit or otherwise restrict activities in the BCDA to protect public 
health and safety or park resources. Information on BCDA closures and 
restrictions will be available for inspection at the park visitor 
center. Violating BCDA closures or restrictions is prohibited.
    (d) Wildlife distance conditions. (1) Approaching a bear or any 
large mammal within 50 yards is prohibited.
    (2) Continuing to occupy a position within 50 yards of a bear that 
is using a concentrated food source, including, but not limited to, 
animal carcasses, spawning salmon, and other feeding areas is 
prohibited.
    (3) The prohibitions in this paragraph (d) do not apply to 
persons--
    (i) Engaged in a legal hunt;
    (ii) On a designated bear viewing structure;
    (iii) In compliance with a written protocol approved by the 
Superintendent; or
    (iv) Who are otherwise directed by a park employee.
    (e) Lake Camp. Leaving a boat, trailer, or vehicle unattended for 
more than 72 hours at the facilities associated with the Lake Camp 
launching ramp is prohibited without authorization from the 
Superintendent. Leaving a boat unattended at the Lake Camp dock is 
prohibited.

0
15. In Sec.  13.67 add new paragraphs (b) and (c), to read as follows:


Sec.  13.67  Kenai Fjords National Park.

* * * * *
    (b) Exit Glacier. (1) Except for areas designated by the 
Superintendent, climbing or walking on, in, or under Exit Glacier is 
prohibited within \1/2\ mile of the glacial terminus from May 1 through 
October 31, and during other periods as determined by the 
Superintendent. Restrictions and exceptions will be available for 
inspection at the park visitor center, on bulletin boards or signs, or 
by other appropriate means.
    (2) Entering an ice fall hazard zone is prohibited. These zones 
will be designated with signs, fences, rope barriers, or similar 
devices.
    (c) Public Use Cabins. (1) Camping within 500 feet of the North Arm 
or Holgate public use cabin is prohibited except by the cabin permit 
holder on a designated tent site, or as otherwise authorized by the 
Superintendent.
    (2) Camping within the 5-acre NPS-leased parcel surrounding the 
Aialik public use cabin is prohibited except by the cabin permit holder 
on a designated tent site, or as otherwise authorized by the 
Superintendent.
    (3) Lighting or maintaining a fire within 500 feet of the North Arm 
or Holgate public use cabins is prohibited except by the cabin permit 
holder in NPS established receptacles, or as otherwise authorized by 
the Superintendent.
    (4) Lighting or maintaining a fire within the 5-acre NPS-leased 
parcel surrounding the Aialik public use cabin is prohibited except by 
the cabin permit holder in NPS-established receptacles, or as otherwise 
authorized by the Superintendent.

0
16. Revise Sec.  13.68 to read as follows:


Sec.  13.68  Klondike Gold Rush National Historical Park.

    (a) Camping. (1) Camping is permitted only in designated areas.
    (2) Camping without a permit is prohibited. The Superintendent may 
establish permit terms and conditions. Failure to comply with permit 
terms and conditions is prohibited.
    (3) Camping at Dyea campground more than 14 days in a calendar year 
is prohibited.
    (b) Preservation of natural, cultural, and archaeological 
resources. The Superintendent may allow the gathering of mushrooms in 
accordance with Sec.  2.1(c) of this chapter.
    (c) The National Park Service administers certain state-owned lands 
and waters within the boundary of Klondike Gold Rush National 
Historical Park under a memorandum of understanding with the State of 
Alaska. The prohibition on carrying, possession, and use of weapons, 
traps, and nets in this chapter does not apply to the lawful taking of 
wildlife on these State-owned lands and waters.

0
17. In Sec.  13.69 revise paragraph (a)(1) to read as follows:


Sec.  13.69  Kobuk Valley National Park.

    (a) Subsistence--(1) Resident Zone. The following area is included 
within the resident zone for Kobuk Valley National Park: The NANA 
Region.
* * * * *

0
18. Revise Sec.  13.72 to read as follows:


Sec.  13.72  Sitka National Historical Park.

    The following activities are prohibited in Sitka National 
Historical Park--
    (a) Camping.
    (b) Riding a bicycle, except in the public parking areas and on 
routes designated by the Superintendent. Routes may only be designated 
for bicycle use based on a written determination that such use is 
consistent with the purposes for which the park was established.
    (c) The use of roller skates, skateboards, roller skis, in-line 
skates, and other similar devices.

0
19. In Sec.  13.73, add paragraphs (b) through (e), to read as follows:


Sec.  13.73  Wrangell-St. Elias National Park and Preserve.

* * * * *
    (b) Kennecott Mines National Historic Landmark (KNHL). A map 
showing the boundaries of the KNHL is available at the park visitor 
center. The following activities are prohibited within the KNHL--
    (1) Entering closed structures or passing beyond barricades;
    (2) Entering mine tunnels and other mine openings;
    (3) Camping in or on any historic structure;
    (4) Camping within the mill site of the KNHL. The mill site 
consists of the collection of buildings clustered around the mill 
building on both sides of National Creek. For purposes of this section, 
the mill site is the area bounded by Bonanza Creek to the north, the 
Kennecott Glacier to the west, the 2,200 foot contour line to the east, 
and Sweet Creek to the south. The mill site is depicted on a map 
available at the park visitor center; and
    (5) Lighting or maintaining a fire within the mill site as defined 
in paragraph (b)(4) of this section.
    (c) Headquarters/Visitor Center Developed Area (HVCDA). For 
purposes of this paragraph, the HVCDA consists of all park areas within 
a \1/2\ mile radius of the Wrangell-St. Elias National Park and 
Preserve Headquarters building, other than the Valdez Trail. The 
following activities are prohibited within the HVCDA:
    (1) Lighting or maintaining a fire.
    (2) Camping.
    (3) Entering the area after visiting hours. Visiting hours will be 
posted at the entrance gate.
    (d) Slana Developed Area (SDA). For purposes of this section, the 
Slana Developed Area consists of all park areas within a \1/4\ mile 
radius of the Slana Ranger Station.
    (e) KNHL and developed area closures and restrictions. The 
Superintendent may prohibit or otherwise restrict activities in the 
KNHL, Headquarters/Visitor Center Developed Area, and Slana Developed 
Area to protect public health and safety or park resources. Information 
on closures and restrictions will be available at the park visitor 
center. Violating these closures or

[[Page 70074]]

restrictions is prohibited. Notwithstanding the provisions of this 
section, the Superintendent may issue a Special Use Permit to authorize 
uses in the KNHL and either developed area.

    Dated: November 18, 2004.
Paul Hoffman,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-26372 Filed 12-1-04; 8:45 am]
BILLING CODE 4312-52-P


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