Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 70061

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies.

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have considered the 

environmental impact of this rule and 

concluded that under figure 2–1, 

paragraph (32)(e) of Commandant 

Instruction M16475.1D, this rule is 

categorically excluded from further 

environmental documentation. The final 

rule only involves the operation of an 

existing drawbridge and will not have 

any impact on the environment. A 

‘‘Categorical Exclusion Determination’’

is available in the docket where 

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

■ For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS

■ 1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

■ 2. In §117.829, redesignate paragraph 

(b) as paragraph (c), revise newly 

redesignated paragrph (c), and add a new 

paragraph (b) to read as follows:

§ 117.829 Northeast Cape Fear River. 

(a) * * *

(b) The CSX Hilton Railroad Bridge, 

mile 1.5 in Wilmington, NC shall 

operate as follows: 

(1) The draw of the bridge to be 

remotely operated by the controller at 

the Navassa Railroad Bridge mile 34.0 

across the Cape Fear River. 

(2) The draw shall be left in the open 

position to vessels and will only be 

closed for the passage of trains and to 

perform periodic maintenance 

authorized in accordance with Subpart 

A of this part. 

(3) Trains shall be controlled so that 

any delay in opening of the draw shall 

not exceed ten minutes except as 

provided in 117.31(b). 

(4) The CSX Hilton Railroad Bridge 

shall not be operated by the controller 

at the CSX Navassa Railroad in the 

event of failure or obstruction of the 

motion sensors, laser scanners, video 

cameras or marine-radio 

communications. In these situations, a 

bridge tender must be called to operate 

the bridge on-site. 

(5) When rail traffic has cleared, the 

horn will automatically sound one 

prolonged blast followed by one short 

blast to indicate that the CSX Hilton 

Railroad Bridge is moving to the full 

open position to vessels. During open 

span movement, the channel traffic 

lights will flash red, until the bridge is 

in the full open position to vessels. In 

the full open position to vessels, the 

bridge channel traffic lights will flash 

green, allowing vessels to pass safely. 

(6) During closing span movement, 

the channel traffic lights will flash red, 

the horn will sound five short blasts, 

and an audio voice-warning device will 

announce bridge movement. Five short 

blasts of the horn will continue until the 

bridge is seated and locked down. When 

the bridge is seated and in the locked 

down position to vessels, the channel 

traffic lights will continue to flash red. 

(c) The draw of the Seaboard System 

Railroad Bridge across the Northeast 

Cape Fear River, mile 27.0, at Castle 

Hayne, North Carolina shall open on 

signal if at least four hours notice is 

given.

Dated: November 22, 2004. 

Ben R. Thomason, III, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–26521 Filed 12–1–04; 8:45 am] 

BILLING CODE 4910–15–P

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.

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-todate 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 akro_regulations@nps.gov.

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: 

akro_regulations@nps.gov. 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 nongovernmental organizations (including 

70062 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 

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 nongovernmental 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 upto-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 § 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 

§ 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 § 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 § 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 § 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 

§ 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 § 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 § 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 

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 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 § 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 § 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 § 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 § 2.2 and § 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 YukonCharley 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 

70064 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 

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 allterrain 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 selfregulating 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.

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 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 upto-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 

70066 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 

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 selfregulating 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. 

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 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 NPSadministered 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. 

70068 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 

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-toGovernment Relations with Native 

American Tribal Governments’’ (59 FR 

22951); the Department of the Interior—

Alaska Policy on Government-toGovernment 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-togovernment 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.

■ In consideration of the foregoing, the 

National Park Service amends 36 CFR 

part 13 as follows:

PART 13—NATIONAL PARK SYSTEM 

UNITS IN ALASKA

■ 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.

■ 2. Amend § 13.1 by:

■ A. Removing the words ‘‘The term’’

from the first sentence of each paragraph;

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 70069

■ B. Removing all alphabetical 

paragraph designations; and

■ C. Adding the following terms in 

alphabetical order.

§ 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 § 1.4, parking 

lots, campgrounds, picnic areas, paved 

trails, and maintenance support yards.

* * * * *

■ 3. Revise § 13.4 to read as follows:

§ 13.4 Information collection. 

The information collection 

requirements contained in §§ 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.

■ 4. Add § 13.10 to read as follows:

§ 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.

■ 5. Revise §§ 13.18 through 13.20 to 

read as follows:

§ 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 § 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.

§ 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 § 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 § 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 

§ 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 § 13.48, may use, possess, or carry 

traps, nets and other weapons in 

accordance with applicable State and 

Federal laws.

§ 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, § 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 

70070 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 

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.

■ 6. In § 13.21, add new paragraph (d)(5) 

to read as follows:

§ 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.

* * * * *

■ 7. In § 13.22, revise paragraph (b) to 

read as follows:

§ 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.

* * * * *

■ 8. Amend § 13.30 as follows:

■ A. Revise paragraphs (c) and (d);

■ B. Redesignate paragraph (h) as (i); and

■ C. Add a new paragraph (h).

The revisions and additions read as 

follows:

§ 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.

* * * * *

■ 9. Revise § 13.46(e) to read as follows:

§ 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).

■ 10. In § 13.60, add a new paragraph (b) 

to read as follows:

§ 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.

■ 11. Revise § 13.62(a) to read as follows:

§ 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.

■ 12. Amend § 13.63 by revising 

paragraph (b) and adding paragraphs (i), 

(j), and (k) to read as follows:

§ 13.63 Denali National Park and Preserve.

* * * * *

(b) Camping. Camping is allowed in 

accordance with the backcountry 

management plan.

* * * * *

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 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.

■ 13. Amend § 13.65 as follows:

■ A. Revise paragraphs (a)(4)(ii) and 

(a)(5)(i) through (a)(5)(v);

■ 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’;

■ C. Add new paragraphs (b)(3)(ix)(C)(1) 

and (2);

■ D. Remove paragraph (b)(7): and

■ E. Add new paragraphs (b) (5) through 

(9). 

The revisions and additions read as 

follows:

§ 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 

70072 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 

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.

■ 14. In § 13.66 redesignate paragraph (b) 

as paragraph (a) and add new paragraphs 

(b) through (e), to read as follows:

§ 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 NPSapproved 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 

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 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.

■ 15. In § 13.67 add new paragraphs (b) 

and (c), to read as follows:

§ 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 NPSleased 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.

■ 16. Revise § 13.68 to read as follows:

§ 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 

§ 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.

■ 17. In § 13.69 revise paragraph (a)(1) to 

read as follows:

§ 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.

* * * * *

■ 18. Revise § 13.72 to read as follows:

§ 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.

■ 19. In § 13.73, add paragraphs (b) 

through (e), to read as follows:

§ 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 

70074 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 

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

DEPARTMENT OF AGRICULTURE

Forest Service 

36 CFR Part 242

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart D; 

Seasonal Adjustments—Units 22 and 

24

AGENCIES: Forest Service, USDA; Fish 

and Wildlife Service, Interior.

ACTION: Seasonal adjustments.

SUMMARY: This provides notice of the 

Federal Subsistence Board’s 

management actions to provide for 

subsistence harvest opportunity and to 

protect a declining moose population in 

Units 22 and 24. These actions provide 

an exception to the Subsistence 

Management Regulations for Public 

Lands in Alaska, published in the 

Federal Register on July 1, 2004. Those 

regulations established seasons, harvest 

limits, methods, and means relating to 

the taking of wildlife for subsistence 

uses during the 2004 regulatory year.

DATES: The Unit 22B (west of the Darby 

Mountains) bull moose action is 

effective January 1, 2005 to January 31, 

2005. The Unit 24 (John River, Upper 

John River, and Alatna River) antlerless 

moose action is effective September 8, 

2004, through October 26, 2004. The 

Unit 24 (Kanuti Controlled Use Area) 

moose hunt extension is effective 

September 26 to October 2, 2004.

FOR FURTHER INFORMATION CONTACT:

Thomas H. Boyd, Office of Subsistence 

Management, U.S. Fish and Wildlife 

Service, telephone (907) 786–3888. For 

questions specific to National Forest 

System lands, contact Steve Kessler, 

Subsistence Program Leader, USDA—

Forest Service, Alaska Region, 

telephone (907) 786–3592.

SUPPLEMENTARY INFORMATION: 

Background 

Title VIII of the Alaska National 

Interest Lands Conservation Act 

(ANILCA) (16 U.S.C. 3111–3126) 

requires that the Secretary of the Interior 

and the Secretary of Agriculture 

(Secretaries) implement a joint program 

to grant a preference for subsistence 

uses of fish and wildlife resources on 

public lands in Alaska, unless the State 

of Alaska enacts and implements laws 

of general applicability that are 

consistent with ANILCA and that 

provide for the subsistence definition, 

preference, and participation specified 

in Sections 803, 804, and 805 of 

ANILCA. In December 1989, the Alaska 

Supreme Court ruled that the rural 

preference in the State subsistence 

statute violated the Alaska Constitution 

and, therefore, negated State compliance 

with ANILCA. 

The Department of the Interior and 

the Department of Agriculture 

(Departments) assumed, on July 1, 1990, 

responsibility for implementation of 

Title VIII of ANILCA on public lands. 

The Departments administer Title VIII 

through regulations at title 50, part 100, 

and title 36, part 242, of the Code of 

Federal Regulations (CFR). Consistent 

with subparts A, B, and C of these 

regulations, as revised January 8, 1999 

(64 FR 1276), the Departments 

established a Federal Subsistence Board 

to administer the Federal Subsistence 

Management Program. The Board’s 

composition includes a Chair appointed 

by the Secretary of the Interior with 

concurrence of the Secretary of 

Agriculture; the Alaska Regional 

Director, U.S. Fish and Wildlife Service; 

the Alaska Regional Director, National 

Park Service; the Alaska State Director, 

Bureau of Land Management; the Alaska 

Regional Director, Bureau of Indian 

Affairs; and the Alaska Regional 

Forester, USDA Forest Service. Through 

the Board, these agencies participate in 

the development of regulations for 

subparts A, B, and C, which establish 

the program structure and determine 

which Alaska residents are eligible to 

take specific species for subsistence 

uses, and the annual subpart D 

regulations, which establish seasons, 

harvest limits, and methods and means 

for subsistence take of species in 

specific areas. Subpart D regulations for 

the 2004 hunting seasons, harvest 

limits, and methods and means were 

published on July 1, 2004 (69 FR 

40174). Because this rule relates to 

public lands managed by an agency or 

agencies in both the Departments of 

Agriculture and the Interior, identical 

closures and adjustments would apply 

to 36 CFR part 242 and 50 CFR part 100. 

The Alaska Department of Fish and 

Game (ADF&G), under the direction of 

the Alaska Board of Game (BOG) and 

the Board of Fisheries (BOF), manages 

sport, commercial, personal use, and 

State subsistence harvest on all lands 

and waters throughout Alaska. 

However, on Federal lands and waters, 

the Federal Subsistence Board 

implements a subsistence priority for 

rural residents as provided by Title VIII 

of ANILCA. In providing this priority, 

the Federal Board may, when necessary, 

preempt State harvest regulations for 

fish or wildlife on Federal lands and 

waters. 

These adjustments are necessary 

because of the need to enhance 

productivity of a declining moose 

population in portions of Units 22B and 

24. These actions are authorized and in 

accordance with 50 CFR 100.19(d–e) 

and 36 CFR 242.19(d–e). 

Unit 22B—Moose (West of the Darby 

Mountains) 

Currently the moose population in 

Unit 22B is substantially depressed and 

well below management objectives. This 

represents a conservation concern. A 

reduction in harvest is necessary and 

reducing the quota for the combined fall 

and winter hunts, from 48 to 30, would 

significantly reduce the overall harvest 

of moose, for conservation purposes, 

while preserving the winter hunt for the 

smaller communities of White Mountain 

and Golovin, which have a high reliance 

on the resource. 

The Unit 22B moose population of 

586 is well below the objective of 1,500 

to 2,500. Limiting the number of moose 

that may be harvested should aid in the 

recovery of the moose population, 

allowing the population to recover more 

quickly, ultimately conserving the 

resource for future potential harvest 

opportunities. This action also aligns 

State and Federal regulations, 

eliminating differing regulations that 

could be problematic.

Federal lands in Unit 22B affected by 

the special action are Bering Land 

Bridge National Preserve and Bureau of 

Land Management lands west of the 

Darby Mountains, and Norton Sound 

drainages from, but excluding, the 

Ungalik River drainage to, and 

including the Topkok Creek drainage. 

Unit 24—Moose (John River, Upper John 

River, and Alatna River) 

Moose surveys in Unit 24 from 1998 

through 2003 have indicated poor 

recruitment of calves and yearlings. 

More specifically, aerial trend count 

area surveys were most recently 

conducted in the fall of 2003 and the 

data indicates that none of the five trend