II

105TH CONGRESS

1ST SESSION S. 1064

To amend the Alaska National Interest Lands Conservation Act to more

effectively manage visitor service and fishing activity in Glacier Bay

National Park, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 24, 1997

Mr. MURKOWSKI (for himself and Mr. STEVENS) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To amend the Alaska National Interest Lands Conservation

Act to more effectively manage visitor service and fishing

activity in Glacier Bay National Park, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Glacier Bay Manage5 ment and Protection Act of 1997’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) the geographical area comprising Glacier

2 Bay National Park has been recognized as having

3 important national significance since the creation of

4 Glacier Bay National Monument by Presidential

5 proclamation on February 26, 1925, and the subse6 quent Presidential proclamation expanding the

7 monument on April 18, 1939;

8 (2) in 1980, Congress enlarged and redesig9 nated the monument as Glacier Bay National Park;

10 (3) the Park provides valuable opportunities for

11 the scientific study of marine and terrestrial re12 sources in various stages of a postglaciation period;

13 (4) the Park is a popular tourist destination for

14 cruise ship and tour boat passengers, recreational

15 boaters, fishermen, back-country kayakers, hikers,

16 and other users;

17 (5) improvements to the Park’s infrastructure

18 and an increase in small passenger vessel capacity

19 within the Park are needed to provide for increased

20 enjoyment by visitors to the Park and more efficient

21 management of Park activities;

22 (6) Huna Tlingit Indians residing near Glacier

23 Bay have engaged in subsistence fishing and gather24 ing in and around the bay for approximately 9,000
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1 years, interrupted only by periodic glacial advances,

2 and reestablished after each glacial retreat;

3 (7) commercial fishing has occurred in and

4 around Glacier Bay for over 100 years, long before

5 the area was recognized by the Federal Government;

6 (8) commercial fishing and subsistence fishing

7 and gathering in Glacier Bay National Park occur at

8 stable levels of activity that have no perceivable ad9 verse effect on the health or sustainability of marine

10 resources in the Park, including the marine re11 sources of Glacier Bay;

12 (9) commercial fishing and subsistence fishing

13 and gathering are of great importance to local resi14 dents who often lack other alternatives for sustain15 ing their livelihood; and

16 (10) the continuation of commercial fishing and

17 subsistence fishing and gathering in Glacier Bay has

18 widespread support among local residents and Gla19 cier Bay users, including the environmental commu20 nity and operators of back-country kayak tours.

21 SEC. 3. INFRASTRUCTURE IMPROVEMENT.

22 Section 1306 of the Alaska National Interest Lands

23 Conservation Act (16 U.S.C. 3196) is amended by adding

24 at the end the following:

25 ‘‘(c) GLACIER BAY PARK.—
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1 ‘‘(1) GLACIER BAY LODGE.—

2 ‘‘(A) COOPERATIVE AGREEMENT.—The

3 Secretary may enter into a cooperative agree4 ment, partnership, or other contractual rela5 tionship with the operator of Glacier Bay Lodge

6 in Bartlett Cove for the purpose of making im7 provements to the Lodge and related visitor fa8 cilities.

9 ‘‘(B) SCOPE OF WORK.—Improvements to

10 the physical plant and infrastructure under sub11 paragraph (A) may include—

12 ‘‘(i) expansion of the overnight lodg13 ing, meeting space, and food service capac14 ity of the Lodge;

15 ‘‘(ii) improvement of visitor access, in16 cluding boat landing facilities, paths, walk17 ways, and vehicular access routes;

18 ‘‘(iii) construction of a visitor infor19 mation center and an Alaska Native cul20 tural center;

21 ‘‘(iv) construction of research and

22 maintenance facilities necessary to support

23 Glacier Bay National Park and Glacier

24 Bay Lodge activities;
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1 ‘‘(v) construction or alteration of staff

2 housing; and

3 ‘‘(vi) correction of deficiencies that

4 may impair compliance with Federal or

5 State construction, safety, or access re6 quirements.

7 ‘‘(2) ALTERATION OF P ARK HEADQUARTERS.—

8 Before entering into a cooperative agreement or

9 contract for alteration or expansion of National

10 Park Service facilities in or near Gustavus, Alaska,

11 the Secretary shall provide to the Committee on En12 ergy and Natural Resources of the Senate and the

13 Committee on Resources of the House of Represent14 atives a report that includes a cost-benefit analysis

15 of the alteration or expansion, including an examina16 tion of other reasonable alternatives to achieve the

17 desired level of service.’’.

18 SEC. 4. SMALL PASSENGER VESSELS.

19 Section 1307 of the Alaska National Interest Lands

20 Conservation Act (16 U.S.C. 3197) is amended by adding

21 at the end the following:

22 ‘‘(d) GLACIER BAY PASSENGER VESSELS.—

23 ‘‘(1) IN GENERAL.—Not later than 9 months

24 after the date of enactment of this subsection, the

25 Secretary shall promulgate regulations to increase
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1 the number of Glacier Bay entry permits available to

2 tour boats during June, July, and August to a level

3 consistent with the demand for the entries.

4 ‘‘(2) TRANSIT SEPARATE FROM TOUR BOATS.—

5 Increases in tour boat entry permits for Glacier Bay

6 under paragraph (1) shall be considered separate

7 from, and shall not affect or be affected by, the

8 number of entry permits provided to small passenger

9 vessels providing passage to and from Glacier Bay

10 Lodge.’’.

11 SEC. 5. SURVEY OF PARK USERS.

12 Section 1307 of the Alaska National Interest Lands

13 Conservation Act (16 U.S.C. 3197) (as amended by sec14 tion 4) is amended by adding at the end the following:

15 ‘‘(e) SURVEY OF GLACIER BAY USERS.—

16 ‘‘(1) SURVEY DESIGN.—Not later than 60 days

17 after the date of enactment of this subsection, the

18 Secretary shall submit to the Committee on Energy

19 and Natural Resources of the Senate and the Com20 mittee on Resources of the House of Representatives

21 a plan for conducting a comprehensive survey of

22 Glacier Bay National Park users during the follow23 ing visitor season, including individuals arriving in

24 the Park on commercially operated vessels, to deter25 mine—
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1 ‘‘(A) the extent to which the users consider

2 the activities of other groups of users of the

3 Park as having an adverse impact on the users’

4 enjoyment of the Park; and

5 ‘‘(B) the extent to which the expectations

6 of the users for the Park are being satisfied.

7 ‘‘(2) RESULTS.—Not later than December 31

8 of the calendar year in which the survey is con9 ducted pursuant to the plan submitted under para10 graph (1), the Secretary shall report to the Commit11 tee on Energy and Natural Resources of the Senate

12 and the Committee on Resources of the House of

13 Representatives the results of the survey and any

14 recommendations the Secretary considers necessary

15 to reconcile competing uses of the Park or satisfy

16 visitor access needs of the Park.’’.

17 SEC. 6. FISHING.

18 Section 1314 of the Alaska National Interest Lands

19 Conservation Act (16 U.S.C. 3202) is amended by adding

20 at the end the following:

21 ‘‘(d) FISHING IN GLACIER BAY NATIONAL PARK.—

22 ‘‘(1) DEFINITIONS.—In this subsection:

23 ‘‘(A) COUNCIL.—The term ‘Council’ means

24 the Glacier Bay Fishery Science Advisory Coun25 cil established by paragraph (6).
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1 ‘‘(B) EXTERIOR WATERS OF THE PARK.—

2 The term ‘exterior waters of the Park’ means

3 the marine waters in the Park but outside Gla4 cier Bay proper.

5 ‘‘(C) GLACIER BAY PROPER.—The term

6 ‘Glacier Bay proper’ means the waters of Gla7 cier Bay, including coves and inlets, north of a

8 line drawn from Point Gustavus to Point

9 Carolus.

10 ‘‘(D) PARK.—The term ‘Park’ means Gla11 cier Bay National Park.

12 ‘‘(E) RESERVE.—The term ‘Reserve’

13 means the Glacier Bay Marine Fisheries Re14 serve designated by paragraph (4).

15 ‘‘(F) RESIDENT POPULATION.—The term

16 ‘resident population’ means a discrete popu17 lation of fish or shellfish that—

18 ‘‘(i) spawns in the Park;

19 ‘‘(ii) is comprised of individual fish or

20 shellfish the majority of which spend the

21 greater part of their life cycle in the Park;

22 or

23 ‘‘(iii) is demonstrated to be reliant on

24 unique features of the Park for the sur25 vival of the population.
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1 ‘‘(2) SUBSISTENCE USE.—

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), subsistence fishing and gathering by

4 a local resident of the Park, including a resi5 dent of Hoonah, shall be allowed in the Park in

6 accordance with title VIII.

7 ‘‘(B) PERMANENT STRUCTURES.—No per8 manent structure associated with subsistence

9 fishing or gathering, including a set net site,

10 fish camp, cabin, or other related structure,

11 may be constructed in the Park.

12 ‘‘(3) COMMERCIAL FISHING GENERALLY.—

13 ‘‘(A) ALLOWED COMMERCIAL FISHING.—

14 ‘‘(i) IN GENERAL.—Subject to the

15 other provisions of this subsection, the Sec16 retary shall allow commercial fishing in the

17 Park using the following methods and

18 means in use for commercial fishing in the

19 Park during calendar years 1980 through

20 1996:

21 ‘‘(I) Trolling or seining for salm22 on, except that seining may not be

23 used in Glacier Bay proper.

24 ‘‘(II) Longlining.

25 ‘‘(III) Use pots or ring nets.
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1 ‘‘(ii) FEDERAL AND STATE LAWS.—

2 Fishing allowed under clause (i) shall be

3 subject to any applicable Federal or State

4 law.

5 ‘‘(iii) ADVERSE IMPACT.—

6 ‘‘(I) IN GENERAL.—If the Sec7 retary determines that scientifically

8 valid information demonstrates a sig9 nificant adverse impact is occurring to

10 a resident population as a result of

11 commercial fishing in the Park, the

12 Secretary shall consult with the rel13 evant State fishery management au14 thority and may request that the au15 thority initiate remedial action.

16 ‘‘(II) EMERGENCY ACTION.—If

17 the Secretary determines that com18 mercial fishing is causing an emer19 gency that poses an immediate threat

20 to a Park resource, including a resi21 dent population of fish or shellfish,

22 and that the relevant State fishery

23 management authority is not taking

24 appropriate action, the Secretary may

25 promulgate such regulations as are
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1 necessary to protect the threatened re2 source for the duration of the emer3 gency.

4 ‘‘(B) MEMORANDUM OF UNDERSTAND5 ING.—Not later than 90 days after the date of

6 enactment of this subsection, the Secretary and

7 the relevant State fishery management author8 ity shall jointly prepare and publish a memo9 randum of understanding that—

10 ‘‘(i) describes the respective authority

11 of the Secretary and the State fishery

12 management authority with regard to the

13 management of commercial fishing in the

14 Park; and

15 ‘‘(ii) establishes a process for con16 sultations and regulatory action under sub17 paragraph (A).

18 ‘‘(4) GLACIER BAY MARINE FISHERIES RE19 SERVE.—

20 ‘‘(A) DESIGNATION.—The waters of Gla21 cier Bay proper are designated as the Glacier

22 Bay Marine Fisheries Reserve.

23 ‘‘(B) PURPOSES.—The purposes of the Re24 serve are—
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1 ‘‘(i) to maintain a high degree of pro2 tection for the living marine resources of

3 the Glacier Bay marine ecosystem;

4 ‘‘(ii) to provide for the continued

5 health, diversity, and abundance of the re6 sources in the Glacier Bay marine eco7 system;

8 ‘‘(iii) to provide a continuing oppor9 tunity for the conduct of fisheries science

10 in a postglacial ecological environment; and

11 ‘‘(iv) to provide for sustainable public

12 use and enjoyment of the marine resources

13 of Glacier Bay.

14 ‘‘(C) FISHING.—

15 ‘‘(i) IN GENERAL.—Subject to clauses

16 (ii) and (iii), the Reserve shall remain open

17 to fishing in accordance with paragraphs

18 (2) and (3).

19 ‘‘(ii) CLOSURES AND RESTRIC20 TIONS.—A closure or a restriction on time,

21 area, or method or means of access to the

22 Reserve may be implemented by the appro23 priate State fishery management authority

24 if the closure or restriction—
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1 ‘‘(I) is recommended by the

2 Council; and

3 ‘‘(II) is required to achieve the

4 purposes of the Reserve.

5 ‘‘(iii) COMMENT.—Before implement6 ing a closure under clause (ii), the appro7 priate State fishery management authority

8 shall solicit comments from affected com9 mercial or subsistence users of the Re10 serve.

11 ‘‘(5) BEARDSLEE ISLANDS.—

12 ‘‘(A) RESTRICTION ON FISHING.—Notwith13 standing paragraph (4)(C), the waters of the

14 Beardslee Islands managed as wilderness shall

15 be closed to commercial fishing, except that the

16 appropriate State fishery management author17 ity shall allow commercial fishing for Dunge18 ness crab by an individual who, during calendar

19 years 1984 through 1995—

20 ‘‘(i) participated in commercial fishing

21 for Dungeness crab in the Beardslee Is22 lands for a minimum of 10 fishing seasons;

23 and
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1 ‘‘(ii) was reliant on the fishing re2 ferred to in clause (i) for a significant part

3 of the individual’s fishery-related income.

4 ‘‘(B) INFORMATION.—In making a deter5 mination of eligibility under subparagraph (A),

6 the appropriate fishery management authority

7 shall consider all available public records as well

8 as any other information made available by the

9 prospective applicant.

10 ‘‘(C) INELIGIBILITY.—

11 ‘‘(i) IN GENERAL.—If an individual

12 engaged in commercial fishing in the wa13 ters of the Beardslee Islands under this

14 paragraph voluntarily ceases to participate

15 actively in the fishing for a period of at

16 least 1 year for any reason other than ill17 ness, injury, or national service, the indi18 vidual shall not be eligible to engage in

19 commercial fishing in the waters of the

20 Beardslee Islands under this paragraph.

21 ‘‘(ii) DESIGNATED SUCCESSOR.—

22 ‘‘(I) IN GENERAL.—An individual

23 who is ineligible to engage in commer24 cial fishing under clause (i) may, at

25 any time before or during the year in
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1 which the individual ceases to partici2 pate actively in fishing, designate a

3 successor that may engage in commer4 cial fishing for Dungeness crab in the

5 waters of the Beardslee Islands under

6 this paragraph as long as the succes7 sor—

8 ‘‘(aa) engages in commercial

9 fishing for Dungeness crab in the

10 waters of the Beardslee Islands;

11 and

12 ‘‘(bb) is reliant on the fish13 ing for a significant part of the

14 individual’s fishery-related in15 come.

16 ‘‘(II) INELIGIBILITY OF SUCCES17 SOR.—If a successor designated under

18 subclause (I) voluntarily ceases to

19 participate actively in fishing in the

20 waters of the Beardslee Islands under

21 this paragraph for a period of at least

22 1 year for any reason other than ill23 ness, injury, or national service, the

24 individual shall no longer be eligible to

25 engage in commercial fishing in the
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1 waters of the Beardslee Islands under

2 this paragraph.

3 ‘‘(D) TEMPORARY SUCCESSOR.—

4 ‘‘(i) IN GENERAL.—If an individual el5 igible to engage in commercial fishing in

6 the waters of the Beardslee Islands under

7 this paragraph is forced by reason of ill8 ness, injury, or national service to forego

9 the fishing, the individual may designate a

10 temporary successor for a period of 1 year.

11 ‘‘(ii) RENEWAL.—The designation of

12 a temporary successor under clause (i)

13 may be renewed yearly so long as the con14 dition of illness, injury, or national service

15 continues to prevent the eligible individual

16 from participating in the commercial fish17 ing.

18 ‘‘(E) OTHER LAW.—An individual eligible

19 to fish under this paragraph shall be subject to

20 any other Federal or State law.

21 ‘‘(F) FISHING CESSATION AGREEMENT.—

22 ‘‘(i) IN GENERAL.—The Secretary and

23 an individual engaged in commercial fish24 ing under this paragraph may agree on the
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1 cessation of commercial fishing by the indi2 vidual.

3 ‘‘(ii) DESIGNATION OF SUCCESSOR.—

4 An individual who agrees to cease commer5 cial fishing under clause (i) may not des6 ignate a successor under subparagraph

7 (C)(ii).

8 ‘‘(G) FORCED RETIREMENT OF SUCCES9 SOR.—The Secretary may require an individual

10 designated as a successor under subparagraph

11 (C)(ii) to cease commercial fishing under this

12 paragraph if the facility—

13 ‘‘(i) determines that cessation of com14 mercial fishing by the individual would be

15 significantly beneficial to the Reserve; and

16 ‘‘(ii) compensates the individual for

17 the individual’s expected lifetime earnings

18 for the commercial fishing, as determined

19 by—

20 ‘‘(I) the individual’s average an21 nual earnings over a 5-year period

22 from the commercial fishing; or

23 ‘‘(II) if a minimum of 5 years of

24 data on the individual’s earnings from

25 the commercial fishing are unavail-
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1 able, the average annual earnings of

2 the individual’s predecessor for the

3 commercial fishing.

4 ‘‘(6) FISHERY SCIENCE ADVISORY COUNCIL.—

5 ‘‘(A) ESTABLISHMENT.—There is estab6 lished the Glacier Bay Fishery Science Advisory

7 Council.

8 ‘‘(B) MEMBERSHIP.—

9 ‘‘(i) IN GENERAL.—The Council shall

10 consist of 5 members, of whom—

11 ‘‘(I) 2 members shall be profes12 sional fishery biologists appointed by

13 the Secretary;

14 ‘‘(II) 2 members shall be profes15 sional fishery biologists appointed by

16 the Governor of Alaska; and

17 ‘‘(III) 1 member shall be a pro18 fessional fishery biologist who is not

19 employed by the Federal Government

20 or the State of Alaska, who shall—

21 ‘‘(aa) be appointed jointly by

22 the Secretary and the Governor

23 of Alaska; and

24 ‘‘(bb) serve as chairperson

25 of the Council.
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1 ‘‘(ii) APPOINTMENTS.—Appointments

2 to the Council shall be made not later than

3 60 days after the date of enactment of this

4 subsection.

5 ‘‘(iii) REPLACEMENT.—A Council

6 member shall serve on the Council until re7 placed by the authority that appointed the

8 individual.

9 ‘‘(C) RESPONSIBILITIES.—The Council

10 shall—

11 ‘‘(i) not later than 180 days after the

12 date of enactment of this subsection, pro13 vide a report reviewing the status of

14 knowledge about fishery resources in the

15 Park to the Secretary, the State of Alaska,

16 the Committee on Energy and Natural Re17 sources of the Senate, and the Committee

18 on Resources of the House of Representa19 tives; and

20 ‘‘(ii) not later than 1 year after the

21 date of enactment of this subsection, in

22 consultation with appropriate Federal and

23 State agencies, prepare a fisheries manage24 ment plan for the Reserve, including areas
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1 managed as wilderness, in accordance with

2 subparagraph (D).

3 ‘‘(D) FISHERIES MANAGEMENT PLAN.—

4 The fisheries management plan referred to in

5 subparagraph (C)(ii) shall—

6 ‘‘(i) describe a framework for pursu7 ing opportunities for fisheries science in

8 combination with the continued harvest of

9 fish and shellfish from the Reserve, con10 sistent with sound management practices

11 and in accordance with recognized prin12 ciples for the management of sustainable

13 resources; and

14 ‘‘(ii) make such recommendations as

15 the Council considers appropriate regard16 ing fishery research needs and regulations

17 regarding fishing times, areas, methods,

18 and means.

19 ‘‘(E) CONTINUING RECOMMENDATION.—

20 After completing the fisheries management plan

21 under subparagraph (D), the Council shall con22 tinue to meet at least annually, and at such

23 other times as the Council considers necessary,

24 to provide to the Secretary and the entities re25 ferred to in subparagraph (C)(i) such additional
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1 recommendations on fishery research and man2 agement priorities and needs in the Reserve as

3 the Council considers appropriate.

4 ‘‘(F) CONSENSUS DECISIONS.—For a rec5 ommendation, designation, or determination of

6 the Council to be effective it shall be made by

7 consensus.

8 ‘‘(G) FACA.—The Federal Advisory Com9 mittee Act (5 U.S.C. App.) shall not apply to

10 the Council.

11 ‘‘(7) EFFECT ON TIDAL AND SUBMERGED

12 LAND.—

13 ‘‘(A) CLAIM TO TIDAL OR SUBMERGED

14 LAND.—

15 ‘‘(i) IN GENERAL.—Nothing is this

16 subsection invalidates, validates, or in any

17 other way affects any claim of the State of

18 Alaska to title to any tidal or submerged

19 land.

20 ‘‘(ii) FUTURE ACTION.—No action

21 taken pursuant to or in accordance with

22 this subsection shall bar the State of Alas23 ka from asserting at any time its claim of

24 title to any tidal or submerged land.
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1 ‘‘(B) JURISDICTION.—Nothing in this sub2 section, and no action taken pursuant to this

3 subsection, shall expand or diminish Federal or

4 State jurisdiction, responsibility, interests, or

5 rights in the management, regulation, or con6 trol of waters or tidal or submerged land of the

7 State of Alaska.’’.

Æ