Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules 18547

d. Load Data for Engineering Studies

Rating:ll

e. Power Requirements Data Rating:ll

Part IV—Operation and Maintenance

Budgets

For Previous 2 Years:

Normal Operation—Actual $ll

Normal Maintenance—Actual $ll

Total—Actual $ll

For Present Year:

Normal Operation

Budget $ll

Staff Hours ll

Normal Maintenance

Budget $ll

Staff Hours ll

Total

Budget $ll

Staff Hours ll

For Future 3 Years:

Normal Operation

Budget $ll

Staff Hours ll

Normal Maintenance

Budget $ll

Staff Hours ll

Additional (Deferred) Maintenance

Budget $ll

Staff Hours ll

Total

Budget $ll

Staff Hours ll

14. Budgeting

Adequacy of Budgets For Needed Work

Rating:ll

15. Date Discussed with Board of Directors

ll

Remarks: ll

Explanatory Notes

Item No. ll

Comments ll

Rated by ll

Title ll

Date ll

Reviewed by ll

Manager ll

Date ll

Reviewed by ll

RUS GFR ll

Date ll

Dated: April 10, 1997.

Jill Long Thompson,

Under Secretary, Rural Development.

[FR Doc. 97–9849 Filed 4–15–97; 8:45 am]

BILLING CODE 3410–15–P

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024–AB99

Glacier Bay National Park, Alaska;

Commercial Fishing Regulations

AGENCY: National Park Service, Interior.

ACTION: Proposed rule; withdrawal of

earlier proposed rule.

SUMMARY: The National Park Service

(NPS) proposes this rule to provide the

legal basis for reinitiating public

discussion in order to arrive at a prompt

final resolution of the longstanding

controversy concerning commercial

fishing activities in Glacier Bay National

Park (NP) by the end of 1997. In

addition to seeking comments, NPS

expects during the comment period to

continue discussions on the record with

interested parties including the State of

Alaska.

The proposed rule, intended to

provide a framework for enhanced

review and comment by all interested

parties, would implement fair measures

to ensure protection of the values and

purposes of Glacier Bay NP, including

the preservation, enjoyment, and

scientific value of the park’s unique

marine ecosystem. In general, the

proposed rule would prohibit all

commercial fishing in Glacier Bay

proper but provide certain limited

exemptions over a 15 year phase-out

period, and authorize established

commercial fishing in the park’s marine

waters outside Glacier Bay proper

subject to reexamination at the end of 15

years.

To authorize the specific commercial

fishing activities, the proposed rule

would provide specific exemptions for

Glacier Bay NP from the nationwide

prohibition on such activities in units of

the National Park System. For the

phase-out in Glacier Bay proper, the

proposed rule would exempt qualifying

commercial fishermen who can

demonstrate a reasonable history of

participation in a specific fishery to

continue fishing for a limited period of

time on a seasonal basis. For the marine

waters outside Glacier Bay proper, the

proposed rule would generally exempt

existing commercial fishing activities

under a Federal-State cooperative

management program consistent with

protection of park resource values.

With respect to designated wilderness

waters in Glacier Bay NP, since the

Wilderness Act prohibits this kind of

commercial enterprise in designated

wilderness, commercial fishing

activities must cease in these areas.

However, certain crab fishermen

essential to an existing multi-agency

research project in the Beardslee Islands

area may be authorized to take crab in

the locations specified by the research

project for the remaining five to seven

years of the project pursuant to a

‘‘research project’’ special use permit.

NPS has previously determined that this

research project is consistent with, and

is likely to produce significant benefits

for, wilderness resource management.

The proposed rule would not address

legislatively authorized commercial

fishing and related activities in the Dry

Bay area of Glacier Bay National

Preserve.

This proposed rule supersedes and

withdraws a previously proposed

rulemaking on this subject published on

August 5, 1991 (56 FR 37262).

DATES: Written comments postmarked

on or before October 15, 1997, will be

accepted. For information on public

meetings and discussion sessions, see

Public Participation at the end of

SUPPLEMENTARY INFORMATION:

ADDRESSES: Comments should be

directed to James M. Brady,

Superintendent, Glacier Bay National

Park and Preserve, P.O. Box 140,

Gustavus, Alaska 99826.

FOR FURTHER INFORMATION CONTACT:

James M. Brady, Superintendent,

National Park Service, Glacier Bay

National Park and Preserve, P.O. Box

140, Gustavus, Alaska, 99827,

telephone: (907) 697–2230.

SUPPLEMENTARY INFORMATION:

Background

Establishment of Glacier Bay National

Park and Preserve

Glacier Bay National Monument was

established by presidential

proclamation dated February 26, 1925.

43 Stat. 1988. The monument was

established to protect a number of

tidewater and other glaciers, and a

variety of post glacial forest and other

vegetative covering, and also to provide

opportunities for scientific study of

glacial activity and post glacial

biological succession. The early

monument included marine waters

within Glacier Bay north of a line

running approximately from Geikie Inlet

on the west side of the bay to the

northern extent of the Beardslee Islands

on the east side of the bay. The

monument was expanded by a second

presidential proclamation on April 18,

1939. 53 Stat. 2534. The expanded

monument included additional lands

and marine waters consisting of all of

Glacier Bay; portions of Cross Sound,

North Inian Pass, North Passage, Icy

Passage, and Excursion Inlet; and

Pacific coastal waters to a distance of

three miles seaward between Cape

Spencer to the south and Sea Otter

Creek, north of Cape Fairweather.

Glacier Bay National Monument was

redesignated as Glacier Bay National

Park and Preserve and enlarged in 1980

by the Alaska National Interest Lands

Conservation Act (ANILCA). 16 U.S.C.
18548 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules

410hh–1; see Sen. Rep. No. 413, 96th

Cong., 1st Sess. 163 (1979). The

legislative history of ANILCA indicates

that certain NPS units in Alaska,

including Glacier Bay National Park,

‘‘* * * are intended to be large

sanctuaries where fish and wildlife may

roam freely, developing their social

structures and evolving over long

periods of time as nearly as possible

without the changes that extensive

human activities would cause.’’ Id. at

137; see ll Cong. Rec. H10532 (1980).

Congress described the park as

including the marine waters, and

depicted the park accordingly on the

official maps.

In addition, ANILCA designated

several areas containing marine waters

within and near Glacier Bay proper as

additions to the National Wilderness

Preservation System. 16 U.S.C. 1132

note. These areas include upper Dundas

Bay, Adams Inlet, the Hugh Miller Inlet

complex, and waters in and around the

Beardslee Islands.

As a result of the above actions,

Glacier Bay National Park contains the

largest protected marine ecosystem on

the Pacific Coast of North America. It

provides valuable opportunities to study

and enjoy marine flora and fauna in an

unimpaired state, and to educate the

public about the biological richness of

this marine system and its dynamic

interaction with glacial and terrestrial

systems.

Management of Glacier Bay National

Park and Preserve

In addition to the national monument

proclamations and relevant ANILCA

provisions, the management of Glacier

Bay National Park and Preserve is

governed by the NPS Organic Act, 16

U.S.C. Section 1, et seq. The NPS

Organic Act authorizes the Secretary of

the Interior to manage national parks

and monuments to ‘‘conserve the

scenery and the natural and historic

objects and the wild life therein and to

provide for the enjoyment of same in

such manner and by such means as will

leave them unimpaired for the

enjoyment of future generations.’’ Id.

Section 1. This act further directs that

‘‘[t]he authorization of activities shall be

construed and the protection,

management, and administration of

[NPS areas] shall be conducted in light

of the high public value and integrity of

the National Park System and shall not

be exercised in derogation of the values

and purposes for which these various

areas have been established, except as

may have been or shall be directly and

specifically provided by Congress.’’ Id.

Section 1a–1.

The NPS Organic Act authorizes the

Secretary to implement ‘‘rules and

regulations as he may deem necessary or

proper for the use and management of

the parks, monuments and reservations

under the jurisdiction of the National

Park Service.’’ Id. Section 3. The

Secretary has additional specific

authority to ‘‘promulgate and enforce

regulations concerning boating and

other activities on or relating to waters

located within areas of the National

Park System, including waters subject to

the jurisdiction of the United States

* * *.’’ Id. Section 1a–2(h).

The designated wilderness areas

within Glacier Bay NP, including the

marine areas, are additionally governed

by the Wilderness Act, id. section

§ 1131, et seq., which defines

wilderness ‘‘as an area where the earth

and its community of life are

untrammeled by man, where man

himself is a visitor who does not

remain.’’ The Wilderness Act requires

that wilderness be ‘‘administered for the

use and enjoyment of the American

people in such manner as will leave

them unimpaired for future use and

enjoyment as wilderness, and so as to

provide for the protection of these areas,

the preservation of their wilderness

character, and for the gathering and

dissemination of information regarding

their use and enjoyment as wilderness.’’

Id. Section 1131(a). Among other things,

the Wilderness Act prohibits

‘‘commercial enterprise * * * within

any wilderness area * * * except as

necessary to meet minimum

requirements for the administration of

the area for the purpose of this Act

* * *’’ Id. Section 1133(c).

Commercial Fishing History

The marine waters of Glacier Bay

National Park have been fished

commercially since prior to the

establishment of Glacier Bay National

Monument. Commercial fishing

continued under federal regulation after

the national monument’s establishment

in 1925 and its subsequent enlargement

in 1939. Since 1966, however,

regulation and legislation have

prohibited commercial fishing in

Glacier Bay National Monument and

Glacier Bay National Park. Nontheless,

commercial fishing is still occuring in

Glacier Bay National Park.

The Act of June 6, 1934, 43 Stat. 464,

authorized the Secretary of Commerce

to ‘‘set apart and reserve fishing areas in

any of the waters of Alaska* * *and

within such areas * * * establish

closed seasons during which fishing

may be limited or prohibited * * * .’’

The first Alaska Fishery Regulations of

the Bureau of Fisheries, promulgated

between 1937 and 1939, addressed

fisheries in an area designated as the Icy

Strait district including Glacier Bay

National Monument. See 2 FR 305

(February 12, 1937); 4 FR 927 (February

15, 1939). Those regulations, and

regulations promulgated by the U.S.

Fish and Wildlife Service (FWS)

between 1941 and 1959, set allowances

for and restrictions on commercial

fisheries in areas within the boundaries

of Glacier Bay National Monument. See

6 FR 1252 (March 4, 1941), 50 CFR Part

222; 16 FR 2158 (1951), 50 CFR Part

117; 24 FR 2153 (March 19, 1959), 50

CFR Part 115.

Early NPS fishing regulations

prohibited any type of fishing ‘‘with

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

or explosives, or for merchandise or

profit, or in any other way than with

hook and line, the rod or line being held

in the hand * * *.’’ 6 FR 1627 (March

26, 1941), 36 CFR 2.4. However, in

conjunction with the aforementioned

FWS regulations, the 1941 NPS

regulations also stated that ‘‘commercial

fishing in the waters of Fort Jefferson

and Glacier Bay National Monuments is

permitted under special regulations.’’

Id. NPS regulations continued to allow

commercial fishing in Glacier Bay

National Monument through 1966 in

accordance with special regulations

approved by the Secretary. See 20 FR

618 (1955), 36 CFR 1.4; 27 FR 6281 (July

3, 1962).

In 1966, NPS revised its fishing

regulations so as to prohibit commercial

fishing activities in Glacier Bay National

Monument. Although the 1966 NPS

regulations, unlike previous versions,

only prohibited fishing ‘‘for

merchandise and profit’’ in fresh park

waters, these same regulations generally

prohibited unauthorized commercial

activities, including commercial fishing,

in all NPS areas. See 31 FR 16653,

16661 (December 29, 1966), 36 CFR

§§ 2.13(j)(2), 5.3. In contrast to earlier

NPS regulations, the 1966 regulations

did not contain specific authorization

for commercial fishing in Glacier Bay

National Monument.

The 1978 NPS ‘‘Management

Policies’’ reiterated that ‘‘[c]ommercial

fishing is permitted only where

authorized by law.’’ Furthermore, in

1978, the Department of the Interior

directed FWS to convene an Ad Hoc

Fisheries Task Force to review NPS

fisheries management. See 45 FR 12304

(February 25, 1980). The task force

concluded that the extraction of fish for

commercial purposes was a

nonconforming use of park resources

which should be phased out.

As already noted, in 1980, ANILCA

redesignated Glacier Bay National
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules 18549

Monument to Glacier Bay National Park

and Preserve, enlarged the area, and

designated wilderness that included

marine waters within the park. 16

U.S.C. 410hh-1, 1132 note. ANILCA

specifically authorized certain park

areas where commercial fishing and

related activities could continue,

including the Dry Bay area of Glacier

Bay National Preserve but not any area

of Glacier Bay National Park. Id. section

410hh-4.

The 1983 revision of the NPS general

regulations, still applicable, included a

prohibition on commercial fishing

throughout marine and fresh waters

within park areas systemwide, unless

specifically authorized by law. 48 FR

30252, 30283; 36 CFR 2.3(d)(4). The

1988 version of NPS ‘‘Management

Policies,’’ still current, reiterates this

approach.

However, certain NPS documents

during the 1980’s suggested that some

commercial fishing would continue in

Glacier Bay. For example, the 1980 and

1985 Glacier Bay whale protection

regulations implicitly acknowledged

commercial fishing operations in

Glacier Bay proper. 36 CFR 13.65(b).

Also, the park’s 1984 General

Management Plan stated the following:

Traditional commercial fishing practices

will continue to be allowed throughout most

park and preserve waters. However, no new

(nontraditional) fishery will be allowed by

the National Park Service. Halibut and

salmon fishing and crabbing will not be

prohibited by the Park Service.

Commercial fishing will be prohibited in

wilderness waters in accordance with

ANILCA and the Wilderness Act.

The General Management Plan

defined ‘‘traditional commercial fishing

practices’’ to include ‘‘trolling, long

lining and pot fishing for crab, and

seining (Excursion Inlet only) in park

waters * * *.’’ General Management

Plan at 51. Finally, the 1988 Final

Environmental Impact Statement

concerning wilderness

recommendations for Glacier Bay

National Park referred to the

continuation of commercial fishing in

nonwilderness park waters.

Events Leading to This Proposed

Rulemaking

NPS regulations have prohibited

commercial fishing in Glacier Bay

National Park (and the predecessor

National Monument) since 1966, and

the Wilderness Act has prohibited

commercial fishing in the wilderness

waters within Glacier Bay NP since

1980, yet commercial fishing activities

have continued in both wilderness and

non-wilderness areas of the park. Since

1990, there have been attempts to

resolve this situation through litigation,

an earlier proposed rulemaking, and

proposed legislation.

In 1990, the Alaska Wildlife Alliance

and American Wildlands filed a lawsuit

challenging the NPS’s failure to bar

commercial fishing activities from

Glacier Bay NP. Alaska Wildlife

Alliance v. Jensen, No. A90–0345–CV

(D. Ak.). In 1994, the district court

concluded that ‘‘there is no statutory

ban on commercial fishing in Glacier

Bay National Park provided, however,

that commercial fishing is prohibited in

that portion of Glacier Bay National

Park designated as wilderness area.’’ An

appeal of the district court’s ruling is

currently pending before the U.S. Court

of Appeals for the Ninth Circuit. Alaska

Wildlife Alliance v. Brady, Nos. 95–

25151 and 95–35188 (9th Cir.).

Close to the time that the plaintiffs in

the above litigation embarked on a

judicial approach to resolution of the

commercial fishing issues, the State of

Alaska’s Citizens Advisory Commission

on Federal Areas hosted a series of

public meetings in local communities to

discuss the issues. After participating in

these meetings, the NPS decided to draft

a regulatory approach to resolving the

issues.

NPS published its proposed rule on

August 5, 1991 (56 FR 37262). In

essence, the proposed rule would have

(a) clarified the prohibition on

commercial fishing in designated

wilderness waters, and (b) exempted

commercial fishing in other park waters

from the nationwide regulatory

prohibition for a ‘‘phase out’’ period of

seven years. NPS held ten public

meetings on the proposed rule, received

over 300 comments, and prepared drafts

of a final rule. At the State’s request,

however, the Department of the Interior

refrained from issuing a final rule in

1993, and instead agreed to discuss with

State and Congressional staff the

possibility of resolving the issues

through a legislative approach.

In 1992, Congress had considered but

not enacted proposed legislation on

commercial fishing in Glacier Bay NP.

During the 1993–1994 discussions about

legislative and regulatory possibilities,

the participants enhanced their

understanding of the facts, interests,

options, and potential obstacles relevant

to any final solution. Although the

discussions did not lead to a legislative

proposal, they have influenced the

Department of the Interior’s approach to

this proposed rulemaking.

Between Fall 1995 and Spring 1996,

officials from Glacier Bay NP and the

Alaska Department of Fish and Game

co-hosted several meetings in southeast

Alaska involving selected

‘‘stakeholders’’ interested in trying to

resolve the commercial fishing

controversy.

Meanwhile during 1995 and 1996,

NPS revised its management of vessels

at Glacier Bay National Park through

issuance of a plan and regulations. See

61 FR 27008 (May 30, 1996). Although

the vessel management rule exempted

commercial fishing vessels (engaged in

fishing and properly licensed) from

entry limits established for other

motorized vessels, the rule’s closure of

certain designated park waters to

motorized uses created the potential to

affect certain commercial fishermen. See

36 CFR § 13.65(b)(3)(vii). In response to

comments in that rulemaking, NPS

noted its separate efforts to address the

future of commercial fishing in Glacier

Bay NP. 61 FR at 27013, 27015 (May 30,

1996).

Proposed Action on Commercial

Fishing

Circumstances are now ripe to go

forward with this new proposed

rulemaking effort, taking advantage of

the momentum toward a solution

described above. This action authorizes

full public participation, and will serve

to facilitate constructive discussion, and

to craft a comprehensive resolution to

the controversy before the 1998 summer

visitor season at Glacier Bay NP.

Toward these ends, NPS is today

proposing a rule that is, indeed, a

proposal which can serve to structure

the anticipated public discussion.

The district court’s decision in Alaska

Wildlife Alliance v. Jensen, above,

upholding the NPS’s interpretation of

the NPS Organic Act and the Wilderness

Act, demonstrates that rulemaking

action is necessary. A rulemaking action

can determine what commercial fishing

activities are appropriate in Glacier Bay

NP’s waters consistent with the park’s

conservation and other objectives

established by statute and proclamation.

Indeed, the currently applicable

regulatory prohibition on commercial

fishing activities in all Glacier Bay NP

waters necessitates a rulemaking to

authorize any commercial fishing

activities in the nonwilderness waters,

even for purposes of ‘‘phasing out’’ the

activities over a specified time.

NPS has several objectives for this

rulemaking. First, NPS seeks to ensure

fulfillment of the ‘‘fundamental’’

statutory purpose of the park, i.e.,

preservation of park resources and

values, which in Glacier Bay NP

includes protecting the park’s marine

ecosystem. Second, NPS seeks to

provide for the visitors’ enjoyment of

these resources and values and to

minimize conflicts among visitors
18550 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules

pursuing different yet appropriate park

experiences. Third, NPS seeks to

provide unique opportunities for

scientific study that will benefit the

public and enhance resource

management. Balancing these

objectives, NPS also seeks to act fairly

toward individual commercial

fishermen with a history of participation

in park fisheries, to recognize the

important cultural ties that the Hoonah

Tlingit people have with respect to

Glacier Bay, and to develop an effective

partnership with the State of Alaska

through the cooperative management

program for Glacier Bay NP fisheries.

The proposed rule described below

differs from the rule that NPS would

have proposed even a few years ago.

Several factors have influenced the

shape of today’s proposed rule,

including the passage of many years

with the continuation of unauthorized

commercial fishing prohibitions in

Glacier Bay; potential socioeconomic

harm from approaches that would

mandate immediate implementation of

prohibitions throughout park waters;

related equitable considerations for

certain fishermen with an historical

pattern of use in park waters; the

existence of an exciting research project

already underway in Glacier Bay proper

that can piggyback this rulemaking to

expand scientific understanding of the

fishery resources and natural processes

to everyone’s benefit. As participants in

the 1995–1996 Alaska-based discussions

may perceive, the proposed rule

borrows in large measure from the

consensus building process in which

they were engaged, but provides notice

and encourages comment from all

interested parties in formulating the

optimal solution for Glacier Bay NP, a

widely cherished unit of the National

Park System.

Overview of Proposed Rule

The proposed rule would prohibit all

commercial fishing activities in Glacier

Bay proper consistent with existing NPS

regulation and policy. This prohibition

would bar all such activities during the

primary visitor use season beginning in

1998. NPS would offer a 15 year

exemption from the prohibition outside

the primary visitor use season, however,

to accommodate a phase out for

fishermen who can demonstrate

historical reliance on a specific Glacier

Bay fishery. Qualifying criteria for this

exemption would include verified

participation in the fishery during six of

the last ten years. Subject to the

availability of funds for this purpose,

NPS (or a third party) could offer to

purchase and retire the 15 year

exemption permits from fishermen

willing to sell them.

With respect to designated wilderness

waters in Glacier Bay NP, commercial

fishing activities must cease in these

areas in compliance with the language

and intent of the Wilderness Act as

recently confirmed in Alaska Wildlife

Alliance v. Jensen, above. However,

certain crab fishermen who have been

part of the existing multi-agency

research project in the Beardslee Islands

area may be authorized to take crab in

the locations specified by the research

project for the remaining five to seven

years of the project subject to a special

use permit.

The proposed rule would generally

authorize commercial fishing to

continue in the marine waters outside

Glacier Bay proper (the ‘‘outer waters’’)

by exempting such fishing from the

otherwise applicable National Park

System-wide prohibition on commercial

fishing. This exemption would be

subject to re-examination to allow

consideration of new scientific and

other relevant information at the end of

15 years. The proposed rule would

restrict commercial fishing activities in

the outer waters to well established

fisheries and gear types. Commercial

fishing activities in the outer waters, as

well as those in Glacier Bay proper

during the phase out period, would be

governed by a cooperative fisheries

management plan developed with the

State of Alaska and implemented

through the Alaska Board of Fisheries

subject to the Secretary of the Interior’s

authority to protect park resource

values. The Secretary, through NPS,

would cooperatively ensure adherence

to the plan under the provisions of 36

CFR 2.3(a) and 13.21(b).

Although the proposed rule as drafted

does not contain a provision requiring

additional limitations on, or a phase out

of, commercial fishing in certain bays in

the outer waters, NPS seeks comments

on the inclusion of such protections in

special cases, particularly for Lituya Bay

on the Outer Coast and Dundas Bay in

Icy Strait. These bays are rich in

biological resources and scenic beauty,

and offer exceptional opportunities for

park visitors.

Glacier Bay

This proposed rule would prohibit

commercial fishing in the

nonwilderness waters of Glacier Bay

proper, but would provide a seasonal

exemption from that prohibition for 15

years for fishermen who demonstrate a

reasonable history of participation in a

specific Glacier Bay fishery.

Commercial Fishing Prohibition

The proposed rule would end

commercial fishing in Glacier Bay

proper within 15 years. This action

would bring Glacier Bay into

conformance not only with the general

policy and rule applicable to units of

the National Park System, but also with

the particular objectives underlying the

establishment of Glacier Bay National

Park and its predecessor Glacier Bay

National Monument. The value of

Glacier Bay as a protected marine

ecosystem, rich in biological resources

and special in its dynamic interactions

with glacial and terrestrial systems, has

never been higher. Protected marine

ecosystems are scarce commodities.

Examples of overfishing and overuse of

marine waters have become increasingly

common. The commercial fishing ban in

Glacier Bay will enhance the protection

of the park’s ecological resources, while

also reducing a variety of use conflicts

with visitors seeking the kinds of

recreational and inspirational

experiences intended to be provided by

national parks.

Limited Exemption From Prohibition

The proposed rule would offer a

limited exemption from the prohibition

on commercial fishing in Glacier Bay

proper for purposes of equitably phasing

out the activities of fishermen who have

developed an historical reliance on a

specific affected fishery. The key terms

of this limited exemption include the

following:

(a) Fifteen Years. The exemption, and

all commercial fishing in Glacier Bay

proper, would terminate in 15 years.

This period of time should allow

fishermen reasonable opportunity,

where necessary, to adjust their fishing

activities to areas outside Glacier Bay

proper, amortize their current

investment in fishing vessels and gear,

or in many cases, continue fishing until

retirement. In the 1991 proposed rule,

NPS offered a seven year exemption to

phase out commercial fishing in Glacier

Bay NP, and the Department of the

Interior recommended a three to five

year phase out of Glacier Bay proper

during the 1993–1994 discussions. The

15-year phase out proposed in this rule

responds to comments made by

fishermen concerning the perceived

inadequacy of the seven year phase out

proposed in the 1991 NPS proposed

rule. It also reflects a position that was

emerging in the 1995–1996 Alaskabased discussions. NPS welcomes

comment on the appropriate length of

the exemption period.

(b). Outside the Primary Visitor Use

Season. The exemption would be
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules 18551

available throughout the 15 years only

from October 1 to April 30, i.e., outside

the primary visitor use season in Glacier

Bay proper. Accordingly, beginning on

May 1, 1998, commercial fishing would

be prohibited in Glacier Bay NP during

the primary visitor season, May 1

through September 30, to achieve

substantial reduction in resource

impacts and visitor use conflicts. NPS

believes that the fishermen who would

likely be eligible to qualify for the

exemption in Glacier Bay proper (see

criteria below) would generally be able

to adjust their fishing to the October

through April time frame during the 15-

year phase out.

Glacier Bay National Park is truly a

world-class park, with spectacular

resources and a rich cultural history.

The park is one of Alaska’s premier

visitor attractions, contributing

significantly to the tourism economy of

local communities and Southeast

Alaska. Park visitation has doubled

within the past ten years to over 300,000

visitors in 1996, a reflection of

increasing visitor interest in the park

and Alaska. Visitor use, formerly

concentrated in a few short summer

months, now encompasses an

expanding visitor use season stretching

from April through September.

Commercial fishing vessels are

currently the only motorized vessels

that are not expressly subject to entry

limits and certain other restrictions in

Glacier Bay proper. Since NPS vessel

regulations were published for Glacier

Bay in 1985 (50 FR 19886), the number

of motorized vessels allowed in Glacier

Bay during the summer months,

including cruise ships, tour boats,

charter vessels, and private boats, has

been closely regulated. The park’s

recently completed Vessel Management

Plan (1996) further refined the

management of vessel traffic within

Glacier Bay, provided increased

opportunities for visitor access,

enhanced protection of park resources

(e.g., marine mammals and sea birds),

and facilitated a range of high quality

recreational opportunities for park

visitors. All motorized vessels, with the

sole exception of commercial fishing

vessels, have been limited to daily and

seasonal entry caps. Park regulations

have also exempted commercial fishing

vessels from certain vessel maneuvering

requirements designed to minimize

disturbance of endangered humpback

whales within Glacier Bay. In these

respects, unauthorized and unregulated

commercial fishing vessel activity

within Glacier Bay during the summer

visitor use season has been inconsistent

with NPS vessel regulations designed to

protect park resources, provide for

equitable public use of the park, and

enhance the quality of the visitor

experience at Glacier Bay.

This visitor use season prohibition on

commercial fishing activities would

minimize conflicts with other visitor

activities, including competition for—

and, in some cases, gear conflicts

within—limited anchorages.

Commercial fishing in Glacier Bay

proper has disturbed visitors seeking

opportunities to experience nature,

quiet, solitude, or an escape from the

indicia of modern civilization. This

visitor use season prohibition would

also reduce the effect of unlimited

numbers of commercial fishing vessels

on sensitive park resources, and would

improve the background conditions for

critical studies required by the Vessel

Management Plan.

The visitor use season closure of

Glacier Bay to commercial fishing

would almost exclusively affect

Dungeness crab (June 15—August 15)

and halibut fisheries (March 15—

November 15) under current State and

International Pacific Halibut

Commission (IPHC) regulations.

However, federal and State fisheries

regulations do permit fishing

opportunities for halibut and Dungeness

crab during the October 1—April 30

exemption period. Halibut, for example,

would still be available for harvest in

Glacier Bay for three months under this

proposed rule (March 15—April 30, and

October 1—November 15); Dungeness

crab for two months (October 1—

November 30). Halibut fishermen, in

particular, would have ample

opportunity to fish outside Glacier Bay

during the proposed May 1—September

30 prohibition period. Under the IPHC

management system, fishermen have

eight months to fish within a large

management area (of which Glacier Bay

is but a portion) to catch their allotted

Individual Fishing Quota (IFQ), i.e.,

pounds of halibut that may be harvested

each year. Very little trolling activity for

salmon occurs in Glacier Bay during the

summer months under current fishing

practices and State regulations, and the

proposed visitor use season prohibition

would be expected to have minimal

impact on the activities of troll

fishermen.

Although the proposed rule would

bracket the visitor use season from May

1 through September 30, NPS solicits

comments on the use of a different

visitor use season during which all

commercial fishing in Glacier Bay

proper would be prohibited beginning

in 1998. In previous comments and

discussions, fishermen have suggested a

shorter season (June 1 though August

31), and others have suggested a

‘‘middle’’ position of May 15 through

September 15.

(c) Grandfathered (i.e., Qualifying)

Fishermen. The fifteen year exemption

would be available to individual owners

of valid fishing permits who can

demonstrate a history of consistent

participation in the specific Glacier Bay

fishery for which an exemption is

sought. The primary criteria would be

documented participation in a given

fishery in Glacier Bay proper for at least

six of the last ten years (1987–1996), as

supported by an affidavit, verified by a

minimum number of reported landings

from within Glacier Bay each of the six

years, and perhaps corroborated by

other supporting information. The

minimum number of landings required

would vary by fishery. For halibut,

salmon, and tanner crab, the minimum

number of landings in each qualifying

year would be one. Ten landings of

Dungeness crab would be required in

each qualifying year. With these criteria,

NPS would hope to identify those

fishermen with a consistent (not

intermittent or long past) reliance on a

Glacier Bay fishery. NPS would also

seek the assistance of the State of

Alaska, the International Pacific Halibut

Commission, and other knowledgeable

sources in identifying valid permit

owners who meet the historical reliance

criteria.

NPS would require those fishermen

qualifying for the exemption from the

commercial fishing prohibition in

Glacier Bay proper to obtain a nontransferable (except for purposes of

permit retirement) special use permit

from the Superintendent of Glacier Bay

NP within two years following the

effective date of a final rule. The

existing procedures governing permit

applications for activities in Alaska

national park areas would apply. See 36

CFR § 13.31. Commercial fishing in

Glacier Bay proper without an NPS

special use permit would be prohibited

during the 15-year exemption period. At

the end of the 15-year exemption, all

special use permits would expire and all

commercial fishing within Glacier Bay

proper would cease.

NPS welcomes comment on the

proposed ‘‘grandfathering’’ criteria and

process.

(d). Exempted fisheries and gear

types. Commercial fisheries eligible for

the 15-year exemption in Glacier Bay

proper would include trolling for

salmon, long lining for halibut, and pot

or ring net fishing for Dungeness and

tanner crab. These are the fisheries that

have consistently occurred within

Glacier Bay for decades. All other

fisheries and gear types would be

prohibited. Since 1985, NPS regulations
18552 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules

have expressly prohibited commercial

fishing for shrimp, herring and whale

prey species, and trawling in Glacier

Bay. The exempted fisheries would be

governed under a cooperative fisheries

management plan developed by NPS

and the State consistent with federal

and non-conflicting State regulations.

The plan would be implemented

through the Alaska Board of Fisheries,

with the Secretary retaining the

authority to protect park purposes and

values under applicable law.

(e). Safe Harborage. Nothing in this

proposed rulemaking, or existing NPS

regulations, would affect the ability of

fishermen or other vessel operators to

seek safe harbor within Glacier Bay

under hazardous weather or sea

conditions, when experiencing

mechanical problems, or in other

exigent circumstances.

(f). Opportunity for ‘‘Buy Out.’’

Commercial fishermen who qualify for

and obtain a special use permit for the

15-year exemption as outlined above

might be willing to sell the permit to the

NPS or a third party for the sole purpose

of retiring the permit. Subject to the

availability of funds for this purpose,

NPS might be willing to buy these

permits, especially early in the 15-year

exemption period, to enable and

encourage the fishermen who wish to

pursue alternatives to fishing in Glacier

Bay proper. Any such ‘‘buy out’’ would

require, at a minimum, a willing seller,

a willing buyer, and available funds.

Wilderness

This rulemaking reflects the

Wilderness Act’s statutory prohibition

on commercial fishing within

designated wilderness. Within Glacier

Bay National Park, the wilderness

waters of Dundas Bay, Rendu Inlet,

Adams Inlet, the Hugh Miller Inlet

complex, and the Beardslee Islands

would continue to be closed to

commercial fishing, a commercial

enterprise incompatible with the

requirements of the Wilderness Act of

1964.

Outer Waters

Exemption from current NPS

prohibition on commercial fishing

This proposed rule would provide an

exemption from the existing regulatory

prohibition on commercial fishing in

the nonwilderness waters of the Park

located outside Glacier Bay proper.

Authorized fisheries would be allowed

to continue under a cooperative

fisheries management plan developed

by the NPS and State of Alaska and

implemented through the Alaska Board

of Fisheries. The NPS recognizes the

fisheries management expertise of the

Board of Fisheries, and would like to

incorporate the use of this established

regulatory and public involvement

process familiar to the fishing

community. NPS management

objectives for the outer waters would be

incorporated within this plan and

include limits on the significant

expansion of ongoing fisheries;

protection of resident and sensitive fish

species, including salmonid populations

that spawn within the park; protection

of other park wildlife and resources;

and, minimization of conflicts with

visitor use. A cooperative fisheries

management plan would be regularly

reviewed and evaluated with respect to

achievement of State and NPS

management objectives, and modified as

necessary. Where NPS management

objectives are not met under cooperative

State/federal management, the Secretary

could move to close or modify ongoing

fisheries to protect park purposes and

values following appropriate

procedures, including notice and

hearing in the local area. Continued

cooperative management would be

reevaluated at the end of 15 years.

The proposed fifteen year exemption

from the existing prohibition on

commercial fishing in national park

waters, with a re-examinaton of

scientific and other information at that

time, differs in significant respects from

the seven-year exemption proposed by

NPS in 1991, which would have

presumptively closed park waters to

commercial fishing at the end of the

seven year exemption. This proposed

rule responds to concerns from the

fishing community and State regarding

the long-term viability and importance

of fisheries in the outer waters,

particularly the troll fishery for salmon,

which—according to comments

received on the 1991 proposed rule—is

of special importance and concern. NPS

invites comment on the duration and

terms of the proposed exemption for the

‘‘outer waters.’’

Gear Types

Fisheries authorized under this

proposed rule would be delineated in

the cooperative management plan, and

would be limited to those species and

gear types that have historically

occurred and have provided

commercially viable fisheries. New

fisheries and gear types, or the

expansion into the park of relatively

new fisheries developing in Southeast

Alaska (e.g., sea urchins, sea cucumbers)

and other species not previously fished

in the park, would be precluded. Gear

types would be limited to those that

have been historically prevalent in the

outer waters: troll, long line, pots and

ring nets, and purse seine (Excursion

Inlet only).

Lituya and Dundas Bays

Two bays in outer waters merit

special consideration: Lituya Bay on the

Outer Coast and Dundas Bay in Icy

Strait. These bays are arguably unique

among outside waters. Both are

geologically, culturally, and historically

rich. Both provide sheltered habitat for

marine life as well as outstanding

opportunities for recreation. NPS

specifically solicits public comment on

whether these two special bays should

be afforded additional protection

through limitations on commercial

fishing, including the possibility of a

phase-out similar in approach to that

proposed for Glacier Bay proper.

Safe Harborage

This proposed rule would not affect

the use of protected bays along the

park’s outer waters for safe harborage.

Safe harborage has always been allowed

and will be continued for any vessel.

Research

The continued closure of certain areas

of Glacier Bay National Park to

commercial fishing as contemplated

under this proposed rule presents

unique and extremely valuable

opportunities for science. The

opportunity to pursue scientific

endeavors about natural resources and

processes was a primary reason Glacier

Bay was established as a national

monument in 1925. Indeed, Glacier Bay

National Park has a distinguished

scientific history.

NPS intends to work closely with the

State, the scientific community, other

fisheries, protected area managers, and

the public to evaluate opportunities for

carefully considered and designed

cooperative studies presented by the

proposal under consideration. A

cooperative State and NPS fisheries

management plan would, in part,

identify cooperative research needs and

opportunities that can benefit

conservation of resources in the Park,

and contribute toward models for

sustainable fisheries and economies

throughout Alaska and elsewhere.

Dungeness Crab Study

The ongoing MADS (Multi-Agency

Dungeness Studies) is a cooperative

project initiated in 1992 by the National

Marine Fisheries Service, University of

Alaska, Fairbanks, and the Biological

Resources Division (BRD) of the U. S.

Geological Service (USGS) (formerly

National Biological Service). Phase I of

the MADS study gathered data
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules 18553

characterizing the size and structure of

the Dungeness crab population at

selected sites in Glacier Bay. Phase II of

the study (five to seven years) requires

both closed and open fishing areas for

Dungeness crab within the Beardslee

Islands study area, including Bartlett

Cove; population parameters in the

fished sites will be compared to sites

closed to fishing. The information

established by this study will provide

an invaluable baseline for monitoring

these areas with different fishing

histories over time.

NPS had previously determined that

the aspect of this scientific research that

requires limited harvesting within the

Beardslee Island wilderness comports

with the restrictive criteria applicable to

approving scientific research in a

wilderness area, including the

following: the project is of minimal

impact and duration, its information is

likely to be of great value for resource

protection and protected area

management purposes, and alternative

locations are not available. Controlled

experiments testing the impact of

human exploitation on the population

structure of harvested marine species

are rare. Typically, areas that have been

fished in the past are not available to

study as ‘‘unfished’’ areas until the

fishery has ‘‘crashed,’’ i.e., been

depleted. Comparison of the crab

population structure in fished and nonfished areas in Glacier Bay NP during

this transitional period will markedly

enhance the information base available

to NPS managers in evaluating the

relationship between fishing activities

and the protection of park/wilderness

resources, and will also be valuable in

quantifying the recovery of wilderness

waters to an unexploited state.

Furthermore, such information should

prove valuable to all agencies involved

in fisheries management in Alaska and

elsewhere.

A small number of fishermen with an

extensive knowledge of the Beardslee

Islands Dungeness fishery may be

authorized to participate in the study

under a ‘‘research project’’ special use

permit from the NPS. For the stability of

the study and principles of equitable

selection, participation in the study

would be limited to those fishermen

who meet the criteria for fishing in

Glacier Bay during the fifteen year

exemptive period, and have a personal

history of Dungeness crab fishing within

the Beardslee Islands. Additional

criteria may be considered if the number

of eligible participants exceeds study

needs. Fishing activities during the

study would continue consistent with

applicable State regulations, including

the summer Dungeness fishery,

currently June 15—August 15. The

participation in this research project

does not preclude the fishermen from

qualifying separately to fish in

nonwilderness waters outside the study

area.

The proposed rule would close

Bartlett Cove (defined as that area of the

cove enclosed by a line drawn between

Halibut and Lester Points) and a portion

of the Beardslee Island waters to all

fishing for Dungeness crab (including

sport and personal use) for the purposes

and duration of study through December

31, 2002. Maps and charts would be

available from the Superintendent

delineating the closure area. The closure

would not affect fishing opportunities

for other species, as otherwise allowed

under federal and non-conflicting State

regulations.

Halibut Study Proposal

The NPS is specifically seeking public

comment at this time on a halibut study

that would measure the effects of

commercial harvest on halibut in

Glacier Bay proper. Since 1992, research

on Pacific halibut in Glacier Bay has

concentrated on the many unanswered

questions about the basic life history

and ecological relationships of the

species. New knowledge about the

behavior of halibut, including their use

of small home ranges, site fidelity, and

the retention of reproductive

individuals in Glacier Bay throughout

the year, combined with the species’

slow maturation and highly agedependent reproduction, indicates that

halibut have a high potential to

experience local depletion through

fishing. Thus, this species is a good

candidate for additional protection and

for examining the effects of commercial

fishing by comparing open and closed

areas. Through experimental closures,

an understanding can be gained of the

effects of fishing on halibut population

size and structure, as well as any

cascade effects on prey species.

The halibut study would require the

closure of Glacier Bay above Strawberry

Island within the next few years, and

would compare catch per unit effort and

size structure of the halibut in the

closed area to a similar study site in Icy

Strait where commercial halibut fishing

would continue. Although this

experimental closure, as proposed for

review and comment, would

substantially reduce the area available

within Glacier Bay for commercial

halibut fishing during the 15-year

exemption period, it would not be

expected to have an equivalent impact

on harvest. Available harvest data

indicates a majority (> 50%) of halibut

harvested in Glacier Bay are taken from

the area of Glacier Bay which would

remain open to fishing under this study

proposal.

Available biological data correlates

with the harvest data, indicating highest

numbers of halibut in the lower reaches

of Glacier Bay and very few in the upper

reaches. Under this study proposal,

fishermen would continue to have

access to the most productive area in

Glacier Bay to harvest their IFQ shares

of halibut.

The halibut study outlined above

would allow fisheries managers an

unparalleled opportunity to measure the

effects of commercial fishing on halibut.

This information is extremely important

to the management and protection of

halibut fisheries in and out of the Park,

and serves to illustrate the potential

benefits Glacier Bay National Park holds

for science and the long-term

conservation of fisheries resources.

Hoonah Tlingit Cultural Fishery

NPS and the Hoonah Indian

Association (HIA), a federally

recognized tribal entity, signed a

Memorandum of Understanding in

1996, committing to work cooperatively

to protect the cultural heritage of the

Hoonah Tlingit, explore ways to

recognize and honor the Tlingit’s

cultural connection to Glacier Bay, and

allow for—and preserve—cultural

activities compatible with park

objectives. Toward that end, NPS will

work with HIA to develop a cultural

fishery program designed to preserve

and pass on traditional native fishing

methods. The State of Alaska’s

educational fishery program may serve

as a vehicle for developing such a

program.

Pending Environmental Assessment:

Alternatives under Consideration

A forthcoming Environmental

Assessment on commercial fishing

within Glacier Bay National Park will

more fully describe and analyze the

potential effects of a range of alternative

actions under consideration by the NPS.

Brief descriptions of the draft

alternatives under consideration follow

and are offered to solicit preliminary

public review and comment. A public

review and comment period will be

provided for the Environmental

Assessment and the proposed rule

together. NPS will hold public meetings

on the proposal and the alternatives and

publish a schedule of times, dates and

locations in the Federal Register. NPS

has not made any final decisions

regarding any proposals described

herein. No final decisions will be

reached until all applicable legal
18554 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules

requirements have been met, including

environmental review requirements.

Alternative A (No Action)

This alternative would leave in place

the current regulations prohibiting

commercial fishing activities within

Glacier Bay National Park. Enforcement

of the regulation would result in the

cessation of all commercial fisheries in

Park waters. NPS would explore

possible mitigation mechanisms for

affected fishermen. In addition, the

NPS, in cooperation with the State of

Alaska, the Biological Research

Division, and other research entities,

would explore opportunities to facilitate

fishery research. This alternative would

not require regulatory or legislative

action.

Alternative B

This alternative would provide shortterm, year round commercial fishing

opportunities through a five-year

exemption from the existing NPS

regulatory prohibition on commercial

fishing in Glacier Bay proper and a

longer, fifteen year exemption in waters

of the Park located outside Glacier Bay.

The statutory prohibition on

commercial fishing in designated

wilderness areas would be reflected in

the regulations. Fishing may be

continued in specific locations in the

Beardslee Islands as part of an ongoing

scientific study of Dungeness crabs for

a period of five years.

The five-year exemption in Glacier

Bay would be available only to

individual fishing vessel/permit owners

who can demonstrate a history of

consistent participation in each specific

Glacier Bay fishery. The primary criteria

would be documented participation in a

given fishery for at least six of the last

ten years (1987–1996), as verified by a

minimum number of reported Glacier

Bay fish landings and ownership of the

appropriate fisheries permit(s), effective

1996. Fishermen not meeting criteria

demonstrating consistent participation

in fisheries, who have used the Bay only

intermittently or in recent years, would

not be allowed to fish in Glacier Bay.

Fisheries located outside Glacier Bay

proper would be allowed to continue

under a cooperative fisheries

management plan developed with the

State of Alaska and implemented

through the Alaska Board of Fisheries

for 15 years. During the 15-year period

studies and research regarding the

relationship of commercial fishing uses

to park resources and values would be

conducted. If data from such studies

indicate that certain levels and/or types

of commercial fishing can compatibly

coexist with conserving park resources

in an unimpaired state, then the NPS

may allow closely monitored

commercial fisheries at prescribed

levels after the 15-year period.

Alternative C (Proposed Action)

Alternative C would allow continued

fishing in the Park’s marine waters

outside Glacier Bay proper, subject to

achievement of NPS management

objectives as would be defined in a

cooperative management plan

developed with the State. The

regulations will reflect the statutory

prohibition against commercial fishing

in designated wilderness waters.

Fishermen with a consistent history of

participation would continue to fish

within Glacier Bay for halibut,

Dungeness and tanner crab, and salmon

during a 15-year exemption period.

Glacier Bay would close to commercial

fishing during the visitor use season,

May 1—September 30, to minimize

conflicts with visitor use and Vessel

Management Plan objectives. A research

study on Dungeness crab would occur

in the Beardslee Islands requiring

closure of part of the Beardslee Islands,

and Bartlett Cove, to all Dungeness crab

fishing for a five-year study period; an

additional research opportunity for

halibut is suggested for public comment.

Alternative D (Continued Fishing)

Alternative D would allow continued

fisheries harvest at the highest possible

level while protecting park resources.

This alternative, to the extent possible,

would seek to allow local individuals to

continue a traditional fishing lifestyle,

promote and sustain fishing culture and

maintain the economic viability of small

business interests in Glacier Bay

National Park and adjacent

communities. With the exception of

some fisheries, most would be

authorized to continue throughout

Glacier Bay National Park. This

alternative would prohibit fisheries for

those species vulnerable to over harvest

(i.e., all king crab species, all rockfish

species and ling cod), fisheries causing

unacceptable habitat degradation (i.e.,

weathervane scallop dredge fishery),

and trawling. The statutory prohibition

on commercial fishing in Wilderness

would be reflected in the regulations.

This alternative would require a

fisheries research and management

program to obtain new information and

assemble existing fisheries data for

periodic evaluation regarding continued

viability of fisheries. Periodic review

would be accomplished by the NPS in

consultation with appropriate fisheries

management agencies. Alternative D

would also require regulatory action to

authorize commercial fisheries in park

waters.

Section-by-Section Analysis

Paragraph (a)(1) would provide an

exception, for the non-wilderness

marine waters of Glacier Bay National

Park, from the general NPS prohibition

on commercial fishing; subparagraph (i)

clarifies that wilderness waters remain

statutorily closed.

Subparagraph (ii)(A) would require an

NPS issued permit to conduct

commercial fishing activities in Glacier

Bay proper; (ii)(B) would establish

eligibility and application requirements

for commercial fishing in the Bay; (ii)(C)

would establish an October 1 through

April 30, non-renewable 15-year

exemption period for commercial

fishing in the Bay; commercial species

and methods of take that would be

allowed within the Bay are proposed in

(ii)(D).

Subparagraph (iii)(A)–(B) would

authorize the existing, prevalent

commercial fishing operations in the

other marine waters of the Park for a

period of 15 years under a cooperative

Federal/State management plan; (iii)(C)

would require reexamination of

continued commercial fishing under the

cooperative agreement, based on the

best scientific information and in

consideration of park values and

purposes, in the outer waters of the park

at the end of the 15-year period.

Paragraph (a)(2) prohibits fishing for

Dungeness crab within Beardslee Island

study area, including Bartlett Cove,

until December 31, 2002, except as

authorized by a research permit. This

will allow NPS/USGS BRD to complete

the Multi-Agency Dungeness Studies

initiated in 1992 by National Marine

Fisheries Service and the University of

Alaska, Fairbanks. The closure would

not effect fishing opportunities for other

species.

Paragraphs (b)(5)—(6) that prohibit

both commercial harvest of species

identified as whale prey and methods

that remove these species are proposed

to be withdrawn and reserved;

paragraph (a)(1)(ii)(D) would replace

them.

Drafting Information: The primary

authors of this rule are Molly N. Ross,

Office of the Assistant Secretary for Fish

and Wildlife and Parks, Department of

the Interior, Washington, D.C., Randy L.

King, Chief Ranger, Glacier Bay National

Park and Preserve, and Russel J. Wilson,

Alaska Desk Officer, National Park

Service, Washington, D.C. Other

contributing National Park Service

employees include: John W. Hiscock,

Marvin Jensen, Mary Beth Moss, and

Chad Soiseth.
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules 18555

Public Participation

It is the policy of the Department of

the Interior, whenever practicable, to

afford the public an opportunity to

participate in the rulemaking process.

Accordingly, interested persons may

submit written comments regarding this

proposed rule to the address noted at

the beginning of this rulemaking. The

NPS will review all comments and

consider making changes to the rule

based upon a thorough analysis of the

comments. NPS will schedule and

provide specific notice of public

meetings and discussion sessions in

various locations during the comment

period.

Paperwork Reduction Act

The collection of information

contained in section 13.65 (a)(1)(ii)(B)

this rule is for the purpose of issuing a

permit to allow a continuation of

commercial fishing in Glacier Bay

National Park based upon historical

justification. The information collected

will be used to determine who qualifies

for the issuance of a permit. The

obligation to respond is required to

obtain a permit.

Specifically, the NPS needs the

following information to issue a permit:

(1) Applicants name, address and date

of birth.

(2) Vessel name, registration, ADF&G

license numbers and description.

(3) Alaska Limited Entry/Interim Use

Permit Card Number.

(4) Halibut Commission license

number.

(5) Fishery description/gear type.

(6) Documented fish landings (1987–

1996).

NPS has submitted the necessary

documentation to the Office of

Management and Budget under 44

U.S.C. 3501, et seq., requesting approval

for the collection of this information for

all areas covered by this rule. A

document will be published in the

Federal Register establishing an

effective date for § 13.65(a)(1)(ii)(B)

when that approval is received from

OMB.

The public reporting burden for the

collection of this information is

estimated to average less than two hours

per response, including the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. Send comments

regarding this burden estimate or any

other aspect of this collection of

information, including suggestions for

reducing the burden of these

information collection requests, to

Information Collection Officer, National

Park Service, 800 North Capitol Street,

Washington, D.C. 20001; and the Office

of Management and Budget, Office of

Information and Regulatory Affairs,

Attention: Desk Officer for Department

of the Interior (1024–0125), Washington,

D.C. 20503.

Compliance With Other Laws

This rule was reviewed by the Office

of Management and Budget under

Executive Order 12866. The Department

of the Interior determined that the

proposed rule is not major.

The Department of the Interior

determined that this proposed rule will

not have a significant economic effect

on a substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq). The revision mainly

clarifies previously existing statutory

and regulatory prohibitions. The

expected redistribution of commercial

fishing efforts to areas outside of the

park is not expected to significantly

effect a substantial number of small

businessmen.

The NPS has determined and certifies

pursuant to the Unfunded Mandates

Reform Act, 2 U.S.C. 1502 et seq., that

this proposed rule will not impose a

cost of $100 million or more in any

given year on local, State, or tribal

governments or private entities.

Pursuant to the National

Environmental Policy Act, 42 U.S.C.

4332, NPS is preparing an

environmental assessment (EA) on the

proposed action and alternatives that

are outlined in this rule. The Service

will complete the EA and publish a

notice of availability in the Federal

Register during the comment period

provided for in this rule so that

interested parties can comment

contemporaneously on both documents.

List of Subjects in 36 CFR Part 13

Alaska, National parks, Reporting and

recordkeeping requirements.

In consideration of the foregoing, NPS

proposes to amend 36 CFR part 13 as

follows:

PART 13—NATIONAL PARK SYSTEM

UNITS IN ALASKA

1. The authority citation for Part 13

continues to read as follows:

Authority: 16 U.S.C. 1, 3, 462(k), 3101 et

seq.; § 13.65 also issued under 16 U.S.C. 1a–

2(h), 20, 1361, 1531, 3197.

2. Section 13.65 is amended by

adding paragraph (a) and removing and

reserving paragraphs (b)(5) and (b)(6) to

read as follows:

§ 13.65 Glacier Bay National Park and

Preserve.

(a) Fishing.—(1) Commercial fishing.

During the time frames that follow,

specified commercial fisheries in listed

salt waters of Glacier Bay National Park

are exempt from the commercial fishing

prohibition contained in this chapter:

(i) Commercial fishing and associated

buying and processing operations

within designated wilderness areas are

prohibited. Maps and charts showing

designated wilderness areas are

available from the Superintendent.

(ii) Glacier Bay. (A) A nontransferable special use permit issued by

the Superintendent is required to

conduct commercial fishing within

Glacier Bay during the exemptive

period. Commercial fishing without a

special use permit is prohibited.

(B) Eligibility requirements to obtain

a special use permit for each fishery

include a current, valid State and/or

federal commercial fishing permit(s) for

Glacier Bay waters; participation in the

fishery within Glacier Bay a minimum

of six years during the period 1987–

1996, as verified by affidavit and

documentation of at least one landing in

each year from Glacier Bay for halibut,

salmon, or tanner crab; for Dungeness

crab, ten landings are required in each

of the six qualifying years. Application

for a special use permit must be made

within two years from [effective date of

the final regulation].

(C) October 1 through April 30,

commercial fishing and associated

buying and processing operations are

authorized in all non-wilderness waters

of Glacier Bay north of a line from Point

Carolus to Point Gustavus for a period

of 15 years from the effective date of this

regulation. At the end of the exemptive

periods, all commercial fishing and

associated buying and processing

operations shall end, and the

prohibition contained in this chapter

shall apply.

(D) Commercial fishing for other than

the following species, or by other than

the following methods is prohibited:

trolling for salmon, long lining for

halibut, pot or ring net fishing for

Dungeness and tanner crab.

(iii) Outer waters. (A) Commercial

fishing and associated buying and

processing operations are authorized in

all marine waters within park

boundaries not listed in paragraph

(a)(1)(ii)(B) of this section, pursuant to

a cooperative federal and State of Alaska

management plan for a period of 15

years from [effective date of the final

regulation].

(B) Commercial fishing by other than

the following methods is prohibited:

trolling, long lining, pot and ring net
18556 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules

fishing for Dungeness and tanner crab,

and purse seining in Excursion Inlet.

(C) At the end of the 15-year

exemptive period, the Secretary will

reexamine and reevaluate continued

commercial fishing in the outer waters,

based on the best available scientific

information and in consideration of

park values and purposes.

(2) Fishing for Dungeness crab within

the Beardslee Island study area,

including the area enclosed within

Bartlett Cove by an imaginary line

drawn between Lester and Halibut

Points, is prohibited until December 31,

2002, except as authorized by a NPS

research permit. Maps and charts

showing the Beardslee Island study area

are available from the Superintendent.

(b) * * *

(5) [Reserved]

(6) [Reserved]

* * * * *

Dated: February 13, 1997.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

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

BILLING CODE 4310–70–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH106–1b; FRL–5808–6]

Approval and Promulgation of

Implementation Plans; Ohio

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: On November 12, 1996,

USEPA received a State Implementation

Plan (SIP) revision request from the

Ohio Environmental Protection Agency

(Ohio EPA). This revision request was

in the form of an amendment to the

Ohio Administrative Code (OAC) which

added an additional exemption from

organic compound emission controls for

qualifying new sources. In this action,

USEPA is proposing to approve the

State’s SIP revision request. In the final

rules section of this Federal Register,

the USEPA is approving this action as

a direct final rule without prior proposal

because USEPA views this as a

noncontroversial action and anticipates

no adverse comments. A detailed

rationale for the approval is set forth in

the direct final rule. If no adverse

comments are received in response to

that direct final rule, no further activity

is contemplated in relation to this

proposed rule. If USEPA receives

substantive adverse comments not

previously addressed by the State or

USEPA, the direct final rule will be

withdrawn and all public comments

received will be addressed in a

subsequent final rule based on the

proposed rule. USEPA will not institute

a second comment period on this action.

Any parties interested in commenting

on this document should do so at this

time.

DATES: Comments on this proposed rule

must be received on or before May 16,

1997.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State submittal and

USEPA’s analysis of it are available for

inspection at: Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, (312) 886–6036.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register.

Dated: April 1, 1997.

Michelle D. Jordan,

Acting Regional Administrator.

[FR Doc. 97–9751 Filed 4–15–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[IN73–1b; FRL–5808–1]

Approval and Promulgation of

Implementation Plan; Indiana

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: The USEPA is proposing to

approve the State Implementation Plan

(SIP) revision request submitted by the

Indiana Department of Environmental

Maintenance (IDEM) on October 2,

1996. In the October 2 submittal, IDEM

requested a SIP revision to eliminate

references to total suspended

particulates (TSP) while maintaining the

existing opacity requirements. In the

final rules section of this Federal

Register, USEPA is approving the

State’s SIP revision as a direct final rule

without prior proposal because the

agency views this as a noncontroversial

SIP revision and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this rule. If USEPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. USEPA

will not institute a second comment

period on this action. Any parties

interested in commenting on this action

should do so at this time.

DATES: Comments must be received in

writing by May 16, 1997.

ADDRESSES: Copies of the revision

request are available for inspection at

the following address: U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604. (It is recommended that

you telephone Ryan Bahr,

Environmental Engineer, at (312) 353–

4366 before visiting the Region 5

Office.)

Written comments should be sent to:

J. Elmer Bortzer, Chief, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Ryan Bahr, at (312) 353–4366.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

action of the same title which is located

in the Rules and Regulations Section of

this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 28, 1997.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 97–9792 Filed 4–15–97; 8:45 am]

BILLING CODE 6560–50–P