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[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Rules and Regulations]
[Pages 27008-27019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13210]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024-AC05

Glacier Bay National Park, Alaska: Vessel Management Plan 
Regulations

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) is revising the regulations, 
including vessel quotas, that were established to protect the 
endangered humpback whale and other resources within Glacier Bay 
National Park and Preserve. The regulations authorize a modest increase 
in cruise ship, charter boat and private boat use, to be offset by 
specific mitigation measures. The regulations do not authorize an 
increase in the maximum number of motor vessels permitted to use the 
bay on any given day.
    Subject to the existing maximum daily limit of two cruise ships per 
day, the regulations authorize an immediate 30-percent increase in 
cruise ship traffic during the 1996 and 1997 summer seasons (June 1 
through August 31). Additionally, but contingent upon the completion of 
studies demonstrating that a further increase in cruise ship traffic 
would be consistent with protection of the values and purposes of 
Glacier Bay National Park and Preserve, the regulations could allow up 
to an additional 42-percent increase (i.e., a total increase of 72% 
from existing 1995 levels) in cruise ship traffic beginning with the 
1998 summer season. For each summer season thereafter, the regulations 
authorize the NPS to adjust the number of cruise ship entries, subject 
to the maximum daily limit of two vessels, based on available 
scientific and other information and applicable authorities. NPS has 
also revised current restrictions on seasonal entries and use-days for 
charter and private boats to authorize an 8-percent increase in charter 
boat traffic and a 15 percent increase in private boat traffic 
beginning with the 1996 summer season.
    The regulations also extend and codify park compendium vessel 
regulations for the protection of park resource values. Several 
additional measures, such as the requirement for air, water and 
underwater noise pollution minimization plans from cruise ships, 
mitigate the potential resource impacts associated with the increase in 
vessel traffic. Finally, to protect park resource values and maintain 
opportunities for the safe use of kayaks, the regulations close six 
specified areas to motor vessels for varying periods.

EFFECTIVE DATE: This rule is effective on May 30, 1996.

FOR FURTHER INFORMATION CONTACT: Russ Wilson, Alaska Desk Officer, 
National Park Service, P.O. Box 37127, Washington, D.C. 20013-7127. 
Telephone 202-208-4874.

SUPPLEMENTARY INFORMATION:

Public Participation on the Proposed Rule

    The National Park Service published proposed rules as well as a 
Notice of Availability of the Vessel Management Plan/Environmental 
Assessment (VMP/EA) on June 5, 1995 (60 FR 29523). The 60 day period 
for public comment closed on August 4, 1995, but was subsequently 
reopened from August 10, 1995 (60 FR 40798), until August 25, 1995, to 
accommodate several commenters who had requested an

[[Page 27009]]

extension. NPS received 427 timely comments. NPS held six open houses/
public hearings on the VMP/EA and proposed regulations in Anchorage, 
Juneau, Gustavus, Hoonah, Pelican, and Elfin Cove. All meetings were 
taped and transcriptions of the tapes and written comments accepted at 
the hearings have been placed in the park file. The National Park 
Service has carefully considered each of these comments and has adopted 
several suggestions made by the commenters. Below is a summary of the 
comments and NPS's responses.

Summary of Comments and Decision

    The NPS requested comments on the six alternatives considered in 
the VMP/EA. The alternatives included an array of vessel management 
options and provided varying levels of protection for sensitive 
resources.

    Alternative 1 (no action) would not change existing vessel 
management. Vessel management would continue in accordance with 
existing regulations and the park compendium.
    Alternative 2 would maintain existing levels of vessel entries 
for cruise ships, tour boats, and charter and private boats into 
Glacier Bay, while maximizing wilderness recreation opportunities 
through the seasonal closure of five designated wilderness waters to 
motor vessels.
    Alternative 3 would increase seasonal vessel entry quotas for 
cruise ships by 30 percent, for charter boats by 8 percent and use 
days for private boats by 34 percent. Tour boat quotas would not 
change. The seasonal closure of five designated wilderness waters to 
motor vessels would enhance wilderness recreation opportunities.
    Alternative 4 would optimize resource protection and wilderness 
recreation in Glacier Bay. Seasonal vessel entries would be reduced 
for cruise ships (-14%), tour boats (-22%), charter boats (-17%), 
and private boats (-17%). The seasonal closure of five designated 
wilderness waters to motor vessels would enhance wilderness 
recreation opportunities.
    Alternative 5 (original proposed action) would optimize visitor-
use opportunities in Glacier Bay by raising seasonal cruise ship 
entry quotas by 72 percent; the daily limit of two ships per day 
would continue. Daily limits of three tour boats, six charter boats 
and 25 private boats would continue. Seasonal entries and use-days 
for tour boats, charter boats, and private boats would not change 
from existing levels. In the preamble to the proposed regulations, 
however, the NPS also solicited comments on including an 8 percent 
increase in seasonal entries and use-days for charter vessels and a 
15 percent increase in seasonal entries and use-days for private 
vessels. The seasonal closure of five designated wilderness waters 
to motor vessels would enhance wilderness recreation opportunities.
    Alternative 6 would provide additional opportunities for 
motorized recreation. Seasonal vessel entries would be increased for 
cruise ships (72%), charter boats (8%) and private boats (15%). Tour 
boat seasonal use-days would not change. The seasonal closure of 
five designated wilderness waters to motor vessels would enhance 
wilderness recreation opportunities.

    The majority of commenters (about 85%) were opposed to Alternative 
5, which included a 72-percent increase in cruise ship entries. 
Commenters were concerned that air quality, water quality, biological 
resources and visitor experience would be compromised by cruise ship 
increases. The majority of commenters (about 85%) favored Alternative 
4, which proposed increased resource protection, additional wilderness 
recreation and decreased vessel entries. The majority of commenters 
(about 90%) wrote to support the proposed vessel closures or other 
proposed mitigation measures.
    Based on public comment received on the VMP/EA and the accompanying 
regulations, the NPS has modified Alternative 5's (the proposed action) 
vessel quotas, vessel operating requirements and special-use area 
closures and restrictions. The modified action responds to the public's 
concern for the Glacier Bay environment and a more appropriate balance 
of vessel use by reducing the proposed cruise ship quota increase, 
while accommodating additional opportunities for visitor use of the 
park. The modified alternative includes modest increases for private 
and charter vessels, providing additional opportunities for visitor use 
of the park and the different types of visitor experiences that these 
vessels provide. Because most charter vessels are locally based, the 
increase in charter vessel use will also provide direct economic 
benefits to local communities.
    Under the modified alternative, in 1996, seasonal entry quotas for 
cruise ships will increase by 30 percent; however, the daily limit of 
two ships per day will continue. On or before October 1, 1997, the 
superintendent of Glacier Bay National Park and Preserve is required to 
determine, with the approval of the NPS director, whether studies have 
been completed and sufficient scientific and other information have 
been developed to support an increase in cruise ship entries for the 
1998 summer season (June 1 through August 31). This determination 
requires a finding that any seasonal increase in cruise ship entries 
would be consistent with protection of the values and purposes of 
Glacier Bay National Park and Preserve. Any increase would remain 
subject to the maximum daily limit of two vessels. NPS would publish a 
determination to increase cruise ship entries in the Federal Register, 
with an opportunity for public comment. By October 1 of 1998, and of 
each year thereafter, the superintendent must determine, with the 
approval of the director, the appropriate number of cruise ship entries 
for the following summer season (June 1 through August 31), based on 
available scientific and other information and applicable authorities 
and subject to the maximum daily limit of two vessels. NPS would 
publish any determination to revise cruise ship entries (either to 
increase or decrease) in the Federal Register, with an opportunity for 
public comment.
    The daily limit of three tour boats per day will not change. Daily 
limits of six charter boats and 25 private boats will continue. The NPS 
is modifying current restrictions on seasonal entries and use-days for 
charter and private boats to provide an 8-percent increase in seasonal 
entries and use-days for charter boats and a 15-percent increase in 
seasonal entries and use-days for private vessels. However, NPS 
recognizes that, because of the maneuverability of these smaller 
vessels and the challenge of achieving compliance with protective 
regulations, the increase in traffic from these vessels could result in 
impacts to park resources. Consequently, the private and charter vessel 
increases are authorized contingent upon the continued success of 
mitigation measures such as an educational orientation program for 
small vessel operators, favorable results from the compliance 
monitoring program, continued research on potential impacts to park 
resources, and--fundamental to all these measures--adequate resources 
for implementation. NPS intends to evaluate the small vessel programs 
annually.
    Vessel operating requirements and the special-use area closures and 
restrictions included with this alternative will provide additional 
protection for sensitive resource values and increase the range and 
quality of visitor experience opportunities. The modified proposed 
action includes mitigating measures to further reduce the magnitude of 
effects of vessel and visitor use. These include an orientation/
educational program; air, water, and underwater noise pollution control 
strategies; and an expanded park research, inventory and monitoring 
program. This combination of measures will facilitate monitoring and 
mitigate potential environmental effects resulting from increased 
vessel quotas.

[[Page 27010]]

Analysis of Comments

Research

    All comments received that pertain to research stressed the need 
for additional research and monitoring of vessel traffic impacts to 
Glacier Bay. Several of these comments suggested that the study area 
include adjacent Icy Strait waters.
    The NPS is formulating a comprehensive research, inventory and 
monitoring plan to assess the effects of vessel traffic on the values 
and purposes of Glacier Bay National Park and Preserve. The park's 
research, inventory and monitoring program will focus on obtaining 
baseline information on the coastal resources and physical 
characteristics of Glacier Bay; identifying and understanding the 
effects of vessel traffic on air quality, marine mammals, birds, 
visitor-use enjoyment and the economy of the region; and determining 
whether management strategies and mitigation measures are effectively 
protecting park purposes and values.
    Beginning in 1996, NPS will expand research emphases. In addition 
to ongoing humpback whale and harbor seal monitoring, NPS studies will 
focus on behavioral changes of marine mammals in relation to vessels, 
and the relationship between critical prey species and marine mammal 
and bird populations and distribution. NPS will also develop protocols 
for monitoring vessel traffic distribution. These studies may encompass 
areas beyond the boundaries of the park, including Icy Strait waters, 
in cooperation with state and federal agencies. NPS management policy 
directs that parks having migratory species will ensure the 
preservation of their populations and their habitats inside the park 
and will cooperate whenever possible with others to ensure the 
preservation of their habitats outside the park. Management actions may 
include monitoring of those species outside the park to develop data 
for other agencies, such as the U.S. Fish and Wildlife Service and 
National Marine Fisheries Service. See, Management Policies, U.S. 
Department of the Interior, National Park Service, Chapter 4:7, 
Management of Migratory Animals (1988).
    Research will also emphasize the use of new technologies to monitor 
underwater noise and air pollution emissions in partnership with other 
agencies, non-profit environmental organizations, universities and 
possibly the military. This type of research direction has cruise ship 
and tour boat operator support.
    In addition to expanding studies in 1996, NPS will develop a 
research, inventory and monitoring program for the park within one 
year. It will stipulate research and protection actions NPS will 
undertake to ensure that environmental effects do not exceed acceptable 
levels. This program will enhance the scientific basis for future 
adjustments in vessel quotas. NPS will make an annual report, detailing 
efforts, funding levels and personnel allocated to VMP actions 
available to the public.
    One commenter noted that, in implementing the VMP requirement that 
cruise ships assess the short and long-term impacts of their activities 
on Glacier Bay resources through a research and monitoring program, it 
would be inappropriate for each cruise ship to assess the impact of 
only its activities, as a single cruise ship may be able to conclude 
that the impacts of its specific operation were negligible even though 
cumulative impacts may not be. Additionally, if each cruise ship 
performs its own assessment, NPS could well receive inconsistent 
studies based on different methodologies and assumptions. The final 
rule clarifies that, as the commenter suggested, these assessments will 
be performed pursuant to a comprehensive NPS research, inventory and 
monitoring plan. Several commenters expressed concern that motor vessel 
closures would disrupt or hamper research. However, NPS can allow 
approved research activities pursuant to the administrative exception 
contained in the regulations.

Humpback Whales and Whale Waters

    Numerous commenters suggested that all five areas proposed as whale 
waters in Alternative 3 should receive that designation to provide 
maximum protection for whales in these key habitats. On the other hand, 
a few commenters thought NPS should impose whale water restrictions 
only when whales are present because the restrictions are a hardship on 
motor vessel users. One commenter objected that the proposed 
regulations would not retain the requirement that NPS consult with 
other federal and state agencies and the public before designating 
whale waters in Glacier Bay.
    The final regulations designate four of the five areas considered 
for designation as seasonal whale waters on a permanent basis. The 
final regulations also allow the superintendent to designate any area 
of Glacier Bay as temporary whale waters if whales concentrate in that 
area. Whale waters restrictions that limit vessels to one mile from 
shore or mid-channel will become effective for lower bay waters on May 
15, as proposed. This is two weeks earlier than currently imposed. 
Implementing a mid-channel course earlier in the spring leaves near-
shore habitat unoccupied by boats so that whales may move into the park 
through the narrow mouth of the bay with less disturbance. However, the 
NPS believes that imposing a speed limit automatically in mid-May, a 
measure which was more objectionable to boater/commenters than was the 
mid-channel (one mile from shore) requirement, could result in a loss 
of credibility and, therefore, reduced compliance if boaters do not see 
whales in the area. The NPS believes that the public will be better 
served if these speed restrictions can be imposed promptly when they 
are needed, and lifted when they are not. This approach requires that 
the superintendent have the flexibility to act quickly, as this 
rulemaking provides.
    One commenter expressed concern that expanding whale waters, along 
with the mid-channel and one-mile-from-shore restriction for vessels, 
would preclude people from seeing wildlife along the shorelines. The 
NPS acknowledges that, while in whale waters, the regulations would 
prohibit a vessel within a mile from shore from motoring parallel to 
the shore. However, motor vessels may travel perpendicularly (by the 
most direct line) to shore through whale waters to view or photograph 
wildlife (other than whales) or land on an otherwise unrestricted shore 
to camp or participate in any other park activity.

Seals

    One comment suggested closing Johns Hopkins Inlet during seal 
pupping from an imaginary line from Jaw Point to Topeka Glacier and 
south. The NPS has adopted a line running due west from Jaw Point that 
closes virtually the same area and still provides a view of Johns 
Hopkins Glacier. Additionally, Johns Hopkins Inlet (south of the line 
running due west of Jaw Point) will remain closed to cruise ships from 
July 1 through August 31, to protect significant concentrations of 
molting harbor seals from disturbance by the increase in cruise ship 
traffic.

Sea Birds

    In response to comments, including one from the U.S. Fish and 
Wildlife Service (FWS) that direct observations by FWS biologists at 
Glacier Bay and elsewhere indicate that a 100-foot closed area around 
seabird nesting colonies is inadequate to prevent disturbance to birds 
at nesting colonies, NPS has instead adopted a 100-yard closure, except 
at the southern one-half of South Marble Island where a 50-yard closure 
will apply.

[[Page 27011]]

    Many visitors on tour boats in Glacier Bay National Park consider 
viewing birds at the South Marble Island a highlight of their trip. 
This bird viewing has caused no apparent changes in the bird population 
on this island. The excitement people feel on seeing a puffin, 
kittiwake, or pigeon guillemot can, however, change the way they feel 
about birds and the places where they can be found. This change can 
translate into conservation and resource protection for parks where 
similar wildlife exists. Prior to 1991, there was no restriction on 
approaching the South Marble Island birds; subsequently, NPS 
established a 100-foot distance. There have been no apparent changes to 
the bird population on this island. With this rulemaking, NPS is 
establishing a 50-yard distance for South Marble Island to provide the 
birds additional protection but still accommodate the visitor's ability 
to view the birds.

Air Quality

    Most of the comments received concerning air quality expressed 
concern that the NPS was not doing enough to ensure good air quality at 
Glacier Bay. In order to protect the air quality of Glacier Bay 
National Park and Preserve, the NPS has taken four significant steps: 
(1) the NPS has adopted marine vessel visible emission standards; (2) 
the NPS will require every cruise ship to prepare and abide by an NPS-
approved pollution minimization plan to assure that, to the fullest 
extent possible, cruise ship companies permitted to travel within the 
park apply the industry's best approaches toward pollution 
minimization; (3) the NPS will consider a cruise ship company's 
demonstrated ability to minimize pollution as a strongly weighted 
preference for entry permits subject to competitive allocation; and (4) 
the NPS has dropped a competitive preference that favored a cruise ship 
company whose route of travel included both the Tarr Inlet and Johns 
Hopkins Inlet. With regard to this last step, only a Tarr Inlet stop 
will receive preference, thereby ensuring that park visitors aboard the 
ship have an opportunity to see superlative sights in Glacier Bay 
without the ship's slowing down and turning an additional time, a 
maneuver that tends to increase stack emissions and concentrate them in 
one area. The NPS will increase its efforts to monitor and study air 
quality as part of its comprehensive research program and will amend 
the standards if amendments are required to protect the values and 
purposes of Glacier Bay National Park and Preserve.
    One commenter pointed out that just prior to the publication of the 
proposed regulations, the State of Alaska revised its air quality 
regulations by relaxing the opacity standards for vessels in ports. 
Since neither the state nor the NPS considers Glacier Bay a ``port,'' 
the regulations which the NPS adopts today are substantially the same 
as current state regulations applicable to Glacier Bay. If the State of 
Alaska adopts more restrictive (i.e., protective of park environmental 
values) laws and regulations concerning visible emissions, NPS will 
incorporate such provisions in these regulations.

Water Pollution Control Strategies

    In response to comments, NPS will implement pollution control 
strategies to mitigate the increase in vessel traffic with the 
additional resource protection requirement that cruise ships develop 
oil spill vessel response plans (VRP). Cruise ship operators must 
submit VRP for review and approval prior to conducting operations in 
Glacier Bay National Park. The VRP must meet planning and response 
standards similar to those identified in U.S. Coast Guard regulations 
for tank ships (33 CFR Part 155). The VRP will in part develop 
alternate response strategies for most probable and worst case spill 
scenarios, and will identify personnel, equipment and other spill 
response resources that can be timely deployed in response to a spill 
event. Recent cruise ship groundings in Alaska that resulted in oil 
spills have highlighted the need for advance planning and preparation, 
particularly since there is no pollution response contractor in 
Southeast Alaska that can provide a reasonably timely response to a 
spill event. The NPS will work with the cruise ship industry to develop 
VRPs that protect park resources while providing flexibility to the 
industry to meet established planning and response standards and 
criteria.

Underwater Noise Reduction

    To mitigate the effects of underwater noise in Glacier Bay, the NPS 
will require every cruise ship to prepare and abide by an NPS-approved 
underwater noise pollution minimization plan. The NPS will also 
consider a cruise ship company's demonstrated ability to minimize 
underwater noise pollution as a strongly weighted preference for entry 
permits subject to competitive allocation. Several cruise ship industry 
commenters were critical of the NPS proposal that competitively 
allocates entry permits, granting a preference to vessels that can 
demonstrate minimization of air and underwater noise pollution. These 
commenters questioned whether a sufficient scientific link exists, for 
example, between underwater noise and humpback whales or other marine 
mammals. They also questioned the ability of the industry to respond 
where there are no established standards. However, another commenter 
suggested that NPS should use competitive allocation of entry permits 
to challenge companies to devise effective strategies to minimize their 
impacts.
    Ensuring air and water quality in national parks is fundamental to 
the congressionally mandated mission of the NPS to conserve scenery, 
natural objects and wildlife ``unimpaired.'' Air quality studies of 
cruise ships in Glacier Bay demonstrate an obvious air pollution 
impact. See, Vequist, Frequency of Cruise Ship Stack Emissions in 
Glacier Bay (NPS VMP/EA p. 3-22). The NPS also believes that studies 
have established a sufficient scientific connection concerning vessel 
noise and changes in whale behavior to warrant a preference for quiet-
running ships. See, NMFS Biological Opinion, February 19, 1993 (NPS 
VMP/EA Appendix D, p. 10-12). For the most part, NPS has established a 
goal and left industry the flexibility and incentive to figure out the 
best and most economic way to achieve it.

Cruise Ship, Tour Vessel and Charter Vessel Definitions

    The regulations amend the existing definition, which is based 
solely on the United States System of classification (100 gross tons, 
U.S. System), by adopting an additional definition of vessel categories 
which references the International Convention System. United States 
(U.S.)-flagged vessels are classified under the U.S. System, foreign-
flagged vessels under the International Convention System. Since all of 
the cruise ships and some of the tour boats operating in Glacier Bay 
National Park are foreign-flagged vessels, the regulations will now 
reference both tonnage systems in the definitions. Although the 
different systems are not directly comparable, NPS intends the two 
measures in the definition to be roughly equivalent and to maintain the 
status quo.
    One cruise ship company asked that the 2,000 gross tons (GT) 
threshold tonnage (International Convention System) demarcating the 
line between tour vessels and cruise ships be raised to 20,000 GT. This 
recommendation, however, would substantially change the current 
demarcation between cruise ships and tour vessels and consequently 
allow substantial increases in the size of

[[Page 27012]]

tour vessels. The potential environmental consequences of this change 
have not been studied. More information on certain environmental 
impacts may become available in the future, as a result of recently 
initiated vessel acoustics studies with Cornell University and similar 
research which the park hopes to undertake with the U.S. Navy. Until 
then, the NPS believes that the 2,000 GT limit (International 
Convention System) should not be increased until there are specific 
findings, based on research, monitoring and other relevant information, 
that adverse consequences would not result.
    In response to a comment, NPS has modified the definition of 
``charter vessel'' slightly to allow use of a charter vessel to provide 
scheduled kayak and camper drop-off and pick-up service. Due in part to 
size, and in part to keeping continuity in tour presentations, tour 
vessels can only provide ferry service to a limited number of 
locations. By allowing charter vessels to augment this service, the NPS 
hopes to better disperse kayak and shore-based recreational impacts.
    In response to another comment, NPS has modified the definition of 
``tour vessel'' in the proposed regulation to remain similar to the 
existing regulations, with respect to including smaller vessels 
operating on a regularly scheduled route. Omission of this portion of 
the existing regulations from the proposed regulation was an error. 
Continued omission would have the unintended effect of excluding tour 
vessels operating under current NPS concession permits. The NPS will 
continue to determine that a proposed visitor service is both necessary 
and appropriate prior to permitting any smaller vessel as a tour boat.

Cruise Ship Entries

    Public comment was overwhelmingly (approximately 90 percent) 
opposed to an immediate 72-percent increase in cruise ship traffic. As 
one commenter noted, a modest increase in cruise ship traffic is more 
consistent with the 1993 NMFS Biological Opinion, which urges the NPS 
to take a conservative approach in vessel increases. This rulemaking 
adopts such an approach. The several mitigation measures--including 
air, water and underwater noise pollution mitigation plans; closures of 
areas to motorized use; increased efforts to educate the visiting 
public and increased enforcement actions; plus the commitment to a 
focused research plan for the bay--should help protect against 
potential impacts of the vessel increases. The NPS is additionally 
mindful of its obligation to reduce entries should the additional 
traffic affect humpback whales, Steller sea lions, other wildlife, or 
any other values or purposes of Glacier Bay National Park and Preserve. 
NPS management policies concerning public use state that, although 
restrictions on recreational use should be limited to the minimum 
necessary to protect visitor safety and enjoyment, such restrictions 
may be required--

when, in the judgment of the superintendent [a use or activity's] 
occurrence, continuation, or expansion would result in the 
derogation of the values or purposes for which the park was 
established, interfere significantly with the enjoyment of park 
resources and values by other visitors or be inconsistent with the 
park's enabling legislation or proclamation.

Management Policies, U.S. Department of the Interior, National Park 
Service, Chapter 8:2, Management of Recreational Use (1988).
    This rulemaking requires vessels increases to be considered and 
implemented incrementally, as suggested by several commenters. With 
respect to the modest increases in vessel traffic authorized by this 
final rule for the 1996 and 1997 summer seasons, the NPS believes that 
the rule provides sufficient mitigation and other protective measures 
to assure protection of Glacier Bay resources and values. However, with 
respect to any future increases beginning in 1998, the NPS will examine 
research, inventory and monitoring results from the planned new studies 
in addition to existing scientific knowledge, and determine in the 
context of applicable authorities (e.g., 16 U.S.C. 1, et seq.) whether 
further increases are appropriate. In this regard, NPS Management 
Policies direct that to the extent practicable, NPS should base its 
public use limits on the results of scientific research and other 
available support data. When, as here, that use has the potential to 
impact park purposes and values, including a threatened species and an 
endangered species--and virtually all conceivable mitigation measures 
have been implemented--a finding to expand a public use would require 
specific findings of no adverse impact to those resources based on 
research, inventory, monitoring, and other relevant information. If 
circumstances arise where scientific and other information is lacking, 
ambiguous, or inconclusive, the superintendent must err on the side of 
protecting resources. This rulemaking ensures that the NPS has the 
discretion to adjust cruise ship entries should an adjustment be 
advisable or required to protect the park's resources and values.
    Several commenters noted that additional entries into Glacier Bay 
may lead to cruise ship companies dropping other Alaska ports from 
their schedule to the detriment of the economy in those communities. 
The NPS acknowledges that there may be some schedule changes; however, 
by adopting a more modest increase in entries at the present time and 
allowing for potential incremental increases later, disruption should 
be minimal as the industry and ports adjust.
    A number of commenters also noted critically that cruise ships are 
generally foreign-built, foreign-owned, foreign-flagged vessels, and 
employ mostly foreign crew. Although this observation is true, the NPS 
has focused this rule on its statutory mission, i.e., assuring 
protection of park resources and values and providing for their 
enjoyment so as to ``leave them unimpaired for the enjoyment of future 
generations.'' 16 U.S.C. 1.
    Other comments suggested that the cruise ship evaluation process 
should include not only environmental criteria, but criteria concerning 
whether people are traveling on a ship for reasons that relate to the 
park (as opposed to other unrelated activities). In the process of 
competitively awarding cruise ship entries, the NPS has and will 
continue to consider the extent to which a company's cruise itinerary 
and on-board passenger activities focus on park purposes.
    One commenter wrote to suggest that the park should recover more 
substantial fees from cruise ship companies. Under present law, the 
franchise fees collected from concessionaires at national parks 
generally go to the U.S. Treasury. The NPS supports legislative 
proposals pending before Congress that would direct increased 
concessionaire and admission fee revenues directly to the parks for 
investment in their long-term care.

Tour, Charter and Private Vessel Entries

    Commenters' suggestions ranged from calls for no additional entries 
in these categories to calls for increases. Over the last three summer 
seasons, Glacier Bay park staff have had to turn away an increasing 
number of private boaters, with the trend expected to continue. The 
final rule establishes a 15-percent increase in private vessel seasonal 
entries and use-days which will accommodate more visitor-use 
opportunities in early June and late August, periods when the daily-use 
limit of 25 private vessels has not been filled in the past. The final 
rule also establishes a modest increase in charter vessel seasonal 
entries and use-days (8-percent). This action improves visitor

[[Page 27013]]

opportunities for this type of park experience, and at the same time 
tends to benefit the economies of local communities. As with other 
vessel categories the final rule does not increase the daily limit of 
charter vessels permitted in Glacier Bay (i.e., six per day). The 
regulations that NPS published as part of the proposed rule included 
the respective 8- and 15-percent increases in seasonal entries and use-
days. Therefore, this final rule retains the seasonal entry and use-day 
increases in charter and private vessels, as published in the proposed 
rule.
    Tour boat companies, in particular, suggested that tour boats 
should receive more entries. Several suggested that some of the entries 
that NPS proposed for cruise ships should instead go to tour boats. NPS 
believes that increased opportunities for people to visit the bay can 
best be provided by modest increases in entries and use-days within the 
existing vessel-per-day limits. Generally, the increased traffic will 
occur on the shoulder seasons, not in mid-summer. Tour boats are 
currently operating at the maximum allowed number of three vessels per 
day during the summer season.

Commercial Fishing Vessels

    Commenters were divided on the issue of how and whether commercial 
fishing vessels should be managed in Glacier Bay. NPS published 
proposed regulations concerning commercial fishing in Glacier Bay 
National Park on August 5, 1991 (50 FR 37202). NPS is reviewing the 
larger issue of the future of commercial fishing within Glacier Bay 
National Park in a separate effort that may result in additional 
regulations. The seasonal motor vessel closures included within today's 
rulemaking will apply to commercial fishing vessels, as well as all 
other types of motorized vessels and seaplanes. However, this rule 
continues the exemption that commercial fishing vessels actually 
engaged in commercial fishing have from the seasonal entry and daily 
use limits that apply to other vessel types.

Kayaks

    Comments ranged from increasing kayak use to limiting it. Some 
commenters felt that NPS needs more data on kayak use, so that resource 
impacts from associated uses such as on-shore camping could receive 
more detailed consideration in the VMP/EA. NPS is establishing a 
backcountry monitoring program to establish levels of use and assess 
impacts. NPS will also continue to restrict camping in certain 
shoreline areas as necessary to limit camper impacts on bears and other 
resources. One commenter suggested that safety concerns based on the 
potential impacts of vessel wakes on kayaks had been exaggerated. For 
several reasons, however, NPS believes that the safety concerns are 
real, particularly in the cold and remote waters of Glacier Bay. One 
commenter suggested that NPS should require kayakers visiting Glacier 
Bay to attend an educational program on the use of the bay. NPS 
currently provides a kayaker/camper orientation program, which NPS 
plans to continue, improve, and perhaps make mandatory at some future 
date if such a requirement can reduce resource impacts and improve 
visitor safety.

Concession Boats

    One commenter suggested that NPS should not allocate entry permits 
to charter vessels based in Bartlett Cove that operate sport fishing 
charters in Icy Strait waters outside the park; rather this commenter 
thought that such vessels should be encouraged to operate out of 
Gustavus. NPS believes that this comment has merit. To ensure that 
Bartlett Cove serves as a base for in-park activities (and not as a 
base for out-of-park sport fishing), NPS will assess vessels that exit 
the bay an additional entry upon return. Additionally, NPS will require 
Bartlett Cove-based charters to submit a park-based operations plan. As 
the commenter notes, out-of-park activities can better be served from 
Gustavus. This serves both the park (by reducing traffic through much 
of the lower bay whale waters) and the park visitor (by providing 
incentive for use of limited charter entries within the park). Local 
community economies may also benefit from visitors seeking charter 
sport fishing opportunities out of the park.

Bareboat Charters

    As commonly used, ``bareboat charter'' means chartering a vessel 
without master (captain) or crew. Comments ranged from one that 
suggested prohibition of bareboat charters, except by companies 
registered by park management and familiar with park management 
principles, to one of support for bareboat rentals. One commenter 
suggested that the bareboat charters should not take permits from the 
pool of permits available to private citizens wishing to enter the park 
with their own boats. The NPS has reconsidered its position on bareboat 
charters. Basing another commercial service in Bartlett Cove would 
increase congestion at the already over-taxed facility. If the demand 
exists for a bareboat operation, commercial services could be more 
appropriately based out of Gustavus. NPS would require bareboat 
charters wanting access to the park to acquire an entry permit (and 
attend the orientation program), as would any other private boater.

NPS Boats

    Several commenters wrote to suggest that NPS consider its own 
vessel use when proposing to restrict private motorized vessel access. 
One commenter stated that the VMP/EA did not analyze the potential 
increase in government vessel operations resulting from additional 
monitoring, research, resource protection and incident responses 
associated with this rulemaking. NPS examined its own vessel activities 
as part of the VMP/EA (see, p. 4.7-1). The NPS anticipates only a 
slight increase in its own vessel traffic as a result of the modest 
increase in other traffic authorized by this rulemaking. That increase 
will consist primarily of naturalist transfers to and from the 
additional cruise ships as the ships enter and exit the bay, and 
increased research activities. Other commenters were concerned that 
closures to motorized vessels, including research vessels during the 
summer season, would severely handicap on-going scientific studies in 
Glacier Bay. NPS may approve research activities for closed areas 
pursuant to the administrative exception contained in these 
regulations.

Wildlife Protection/Wilderness Waters

    Generally, support for and opposition to wilderness water closures 
was equally divided. Commenters sometimes supported particular closures 
but not others. Specific comments concerning Dundas Bay opposed the 
proposed closure. Dundas Bay will remain open to motor vessels, in part 
to allow Elfin Cove residents motorized access to sheltered park 
waters. In response to commenters, NPS would like to assure the public 
that it has drawn virtually all of the closure boundaries to allow 
access to anchorages at the mouths of the various areas. Wildlife 
protection/wilderness water closures will take effect annually on May 1 
(as in the proposed rule).

East Arm Waters

    Generally, support for and opposition to east arm water closures to 
motorized vessels was equally divided. However, some commenters from 
both ``camps'' preferred a closure higher up the east arm. NPS has 
adopted this modification, which allows more motor vessel access to the 
east arm and its anchorages. It

[[Page 27014]]

provides kayakers with solitude, wilderness recreation and access to 
tidewater glaciers without motorized vessel disturbance without having 
to undertake a multi-day trip. The closure also mitigates a safety 
concern associated with kayaker susceptibility to being overturned by 
vessel wakes. Another comment that the NPS has adopted suggested 
splitting the summer season and alternating closures in some areas. 
This suggestion readily lent itself to the upper east arm: June 1 
through July 15, the park will close Muir Inlet waters north of the 
McBride Glacier to motor vessels and seaplane landings, and July 16 
through August 31, the park will close Wachusett Inlet (except the 
first anchorage) to motor vessels and seaplane landings. The 
alternating motor vessel closures in the east arm will allow, both 
visitors using motors and visitors seeking quiet, summertime access to 
an east arm tidewater glacier and the natural resources of Muir or 
Wachusett Inlets on a time sharing basis. Furthermore, alternating the 
closures allows the east arm to continue to serve as a motor vessel 
destination, thereby dispersing vessel use generally and reducing 
vessel crowding in the west arm.

Bartlett Cove Access

    Two commenters suggested alternative entry demarcation lines to the 
current line at the mouth of Glacier Bay (Point Carolus-to- Point 
Gustavus). The suggestions would leave access to Bartlett Cove 
unrestricted. The adoption of these suggestions would result in an 
unpredictable increase in vessel traffic throughout the area of the 
park that attracts the highest concentration of whales, i.e., lower bay 
whale waters. Therefore, NPS cannot adopt either of these suggestions. 
Until additional monitoring and studies have been completed and 
information has been developed on the interaction of vessels and whales 
that supports specific findings of no adverse impact, NPS cannot 
authorize increased access to Bartlett Cove.

Orientation Program

    One commenter suggested that NPS waive the orientation program on 
repeat visits. The proposed and final regulations give the 
superintendent discretion to waive the program.

Other Restrictions

    In response to comments, NPS has modified the superintendent's 
discretionary closure authority. NPS previously determined and still 
recognizes the need to provide temporary and intermittent 
administrative remedies to protect whales through imposition of public-
use limits, whale-water designations, and other operating restrictions. 
See, 50 FR 19880, 19881-82 (May 10, 1985). The environmentally safe 
implementation and maintenance of the increased public-use levels 
authorized in this rulemaking require that the superintendent have the 
necessary authority to modify public use levels and establish vessel 
restrictions in response to changing conditions in order to protect all 
the park's resources. The final rule authorizes the superintendent to 
impose such conditions separately or as permit requirements to ensure 
the least possible impact to park resources, as whale and other 
wildlife feeding, breeding, and molting sites shift to new areas in the 
dynamic sea and landscape of the rebounding bay.

Section-by-Section Analysis

    Section 13.65(b)(1) of the regulations defines various types of 
vessels and other terms used in this section. The rule retains most of 
the definitions without significant revision from the existing 
regulations. However, there are exceptions:
    The rule revises the terms ``cruise ship,'' ``charter vessel'' and 
``tour vessel.'' In addition to some technical revisions, the proposed 
definitions include a measurement standard based on the rules of the 
International Convention on Tonnage Measurements of Ships, 1969. 
Congress has provided for recognition of these rules that are generally 
used to measure and certify foreign hull vessels. See, Omnibus Budget 
Reconciliation Act of 1986, Title V--Maritime Programs, Part J--
Measurement of Vessels, P.L. 99-509, 100 Stat. 1919 (codified as 
amended in scattered sections of 46 U.S.C.). The NPS has adopted a 
definition of cruise ship that includes a vessel with an International 
Tonnage Certificate at or exceeding 2,000 tons gross (that carries 
passengers for hire). The rule defines a vessel with an International 
Tonnage Certificate less than 2,000 tons gross (that carries passengers 
for hire) as a tour vessel or a charter vessel. The rule also retains 
the existing standards, based on the U.S. method for measuring vessels. 
The rule modifies the term ``charter vessel'' to allow scheduled camper 
or kayak drop-off and pick-up service. The rule expands the terms 
``operate'' and ``operating'' to include the actual or constructive 
possession of a vessel. NPS has done this to enable enforcement action 
against vessels violating permit or closed-water restrictions when the 
vessel is not underway at the time of the violation. The rule adopts 
definitions for two new terms as a means to retain, clarify, and codify 
both restricted and permitted activities that were authorized and 
implemented under the existing 13.65(b)(2)(iii) whale-waters 
regulations. The first, ``speed through the water,'' is analogous in 
aeronautical terms to ``airspeed,'' as opposed to ``ground speed.'' NPS 
has measured and enforced whale-water speed limits in this manner to 
prevent collisions between vessels moving rapidly ``up-current'' and 
whales or other marine mammals that are drifting ``down'' in the tidal 
current. These speed limits also lower the level of underwater noise by 
limiting high engine revolutions that can disrupt whale feeding 
activities. The rule defines the term ``transit'' to allow vessels to 
approach perpendicularly and land on an otherwise unrestricted shore 
within designated whale waters in order to view or photograph wildlife 
(except whales), camp or participate in any other park activity. The 
rule deletes the term ``whale season'' and includes the dates on which 
closures or restrictions begin and end as part of the regulation.
    Section 13.65(b)(2) of the regulations authorizes a 30-percent 
increase in cruise ship traffic during the 1996 and 1997 summer seasons 
(June 1 through August 31). However, there would be no increase in the 
maximum number of cruise ships permitted to use the bay on any given 
day (two). Rather, this increase in traffic will be absorbed by 
distributing the additional entries throughout the summer season. 
Additionally, but contingent upon the completion of studies 
demonstrating that a further increase in cruise ship traffic would be 
consistent with protection of the values and purposes of Glacier Bay 
National Park and Preserve, the regulations could allow up to an 
additional 42-percent increase (from existing 1995 levels) in cruise 
ship traffic beginning with the 1998 summer season. For each summer 
season thereafter, the regulations authorize the NPS to adjust the 
number of cruise ship entries, subject to the maximum daily limit of 
two vessels, based on available scientific and other information and 
applicable authorities. In determining whether to authorize future 
increases in cruise ship entries, NPS must err on the side of 
protecting park resources and values, particularly where the scientific 
information is lacking, ambiguous, or inconclusive. NPS will publish 
any future adjustment to cruise ship traffic within the scope of these 
regulations in the ``Notice'' section of the Federal Register, with 
opportunity for comment.

[[Page 27015]]

The rule revises current restrictions on seasonal entries and use-days 
for charter and private boats to authorize an 8-percent increase in 
charter boat traffic and a 15-percent increase in private boat traffic 
beginning with the 1996 summer season.
    This section also provides for reinitiation of consultation with 
NMFS to ensure that the potential vessel traffic contemplated by these 
regulations does not affect endangered or threatened species, 
particularly in Glacier Bay National Park and Preserve. The section 
also requires the director of the NPS to reduce vessel entry and use 
levels if necessary to protect the values and purposes of Glacier Bay 
National Park and Preserve.
    Section 13.65(b)(2)(A) requires cruise ships to prepare, and abide 
by, an NPS-approved air, water and underwater noise pollution 
minimization plan to be permitted to enter Glacier Bay. Section 
13.65(b)(2)(B) clarifies that each cruise ship company's assessment of 
the impacts of its activities on Glacier Bay resources must correspond 
to the NPS research, inventory and monitoring plan. Section 13.65(b)(2) 
also incorporates the permit requirements of section 13.65(b)(3) of the 
existing regulations, with minor modifications. Paragraph (b)(2)(i)(B) 
generally requires private motor vessels entering the bay through the 
mouth to stop at the Bartlett Cove Ranger Station for orientation 
before proceeding up bay. Vessels that have previously visited the bay 
may receive a waiver. Paragraph (b)(2)(ii)(E) requires concessioner 
vessels to notify the Bartlett Cove Ranger Station within the 48 hours 
prior to, or immediately upon, entry to the bay. Paragraph 
(b)(2)(iii(C) allows private vessels to launch a motorized skiff or 
tender after anchoring. Paragraph (b)(2)(iv) prohibits permit and 
operating violations and clarifies the superintendent's authority to 
revoke or deny a permit based on a violation.
    Section 13.65(b)(3) of the regulations retains the existing 
prohibitions on operating a vessel within one-quarter nautical mile of 
a whale, and on pursuing or attempting to pursue a whale. It also 
retains the superintendent's authority to designate temporary whale 
waters and establish vessel use and speed restrictions. The regulations 
identify, and designate as whale waters, areas in which seasonal 
restrictions have applied on a recurring basis. The regulations codify 
the restrictions that were implemented pursuant to section 13.65(b)(2) 
of the existing regulations, i.e., mid-channel transit through these 
waters, and in the case of lower bay waters, speeds not to exceed 20 
knots.
    As whales have been known to arrive at the mouth of Glacier Bay in 
May, the 20-knot speed limit and the requirement that vessels in 
transit stay one nautical mile off-shore become effective in the 
designated lower bay whale waters each year on May 15. This earlier 
date ensures that whales arriving at the mouth of Glacier Bay in late 
spring are able to pass with minimal disturbance through the narrow 
entrance to Glacier Bay to access feeding areas. When whales are 
present, the superintendent will impose a 10-knot speed limit 
((b)(3)(v)(A)(2)). The rule also establishes a speed restriction to 
mitigate mortality and stress of breeding and molting harbor seals 
resulting from large vessel wakes in the narrow confines of the Johns 
Hopkins Inlet (paragraph (B)).
    Seasonal closures and operating restrictions concerning the Spider 
Island group and Johns Hopkins Inlet that appear in paragraphs 
(b)(3)(vi) (C)-(F) will also protect the park's large concentration of 
breeding harbor seals. Except for the continuing Johns Hopkins Inlet 
cruise ship closure, the park has previously enforced these 
restrictions as park compendium regulations. Paragraphs (b)(3)(vi) (A)-
(B) afford year-round protection to Steller sea lions and their haul-
outs, and nesting sea bird colonies are protected seasonally and 
through year-round vessel landing and foot traffic closure of colonial 
nesting islands. Park compendium regulations previously protected these 
small islands seasonally. Continuing these restrictions year-round will 
reduce impacts to vegetation that is important to nesting birds and 
will otherwise protect this sensitive nesting habitat from trampling. 
These closures are consistent with NMFS and FWS recommendations. 
Paragraph (b)(3)(vi)(G) advises park visitors that the distances 
established by this rulemaking to be maintained between visitors and 
wildlife are minimum distances; 36 CFR 2.2 (wildlife protection) 
requires that greater distances be maintained from wildlife if it is 
likely that wildlife may be disturbed or frightened.
    Seasonal water (area) closures for motor vessels protect nesting 
sea birds as well as molting and feeding waterfowl (paragraphs 
(b)(3)(vii)(A) (1)-(4)). These closures also protect harbor seal haul-
outs associated with pupping and molting activities (paragraph (4)). 
NPS previously proposed similar closures for these areas (48 FR 14978, 
April 6, 1983). That rulemaking also recognized the importance of 
sheltering the unique concentrations of marine mammals and birds in 
these areas from motorized disruption during the critical months of 
feeding, breeding, nesting and rearing of young. With the exception of 
Rendu Inlet, these areas contain, or are approached through, shallow 
areas that are hazardous to navigate in motor vessels.
    Paragraphs (b)(3)(vii) (B)-(C) adopt alternating motor vessel 
closures for the waters of the Muir Inlet north of McBride Glacier 
(June 1 through July 15) and the Wachusett Inlet (July 16 through 
August 31). NPS adopts these closures to prevent detriment to park 
resource values, including the opportunity for kayaking, camping, and 
engaging in other backcountry use away from the noise and intrusion of 
motor vessel traffic. Motor vessels can use these areas on a time-
sharing basis. As discussed above, the NPS believes that the closures 
adopted in paragraphs (b)(3)(vi) and (b)(3)(vii)(A) are necessary to 
protect the natural resource values of Glacier Bay; and the closures 
adopted in paragraphs (b)(3)(vii) (B)-(C) are necessary to protect the 
visitor experience and recreational resource values of Glacier Bay. All 
closures are promulgated in accordance with ANILCA Section 1110(a) to 
prevent detriment to the resource values of Glacier Bay National Park 
and Preserve, including its wildlife and other natural resources as 
well as its opportunities for quiet and solitude.
    To provide quiet at popular anchorages, section 13.65(b)(3)(viii) 
restricts generator and other non-propulsive motor use during the 
evening hours of summer.
    Section 13.65(b)(3)(ix) clarifies the duties, responsibilities, and 
authority of the superintendent to regulate public use in response to 
changing conditions.
    Section 13.65(b)(4) of the regulations adopts restrictions on 
marine vessel air pollution (stack) emissions.
    NPS is addressing section 13.65(b)(5)-(6) of the existing 
regulations, Restricted Commercial Fishing Harvest, separately (see, 
proposed rules at 56 FR 37262 (August 5, 1991)); commercial fishing is 
not considered as part of this rulemaking. However, the seasonal 
closure of water areas to vessels ((b)(3)(vi) and (b)(3)(vii)) also 
applies to commercial fishing boats.

Drafting Information

    The primary authors of this rulemaking are Russel J. Wilson, Alaska 
Field Office, National Park Service, and Molly N. Ross, Office of the 
Assistant Secretary for Fish and Wildlife and Parks, Department of the 
Interior, Washington, D.C. Glen Yankus, NPS Alaska System Support 
Office, and

[[Page 27016]]

Randy King, Kevin Apgar and Mary Beth Moss, Glacier Bay National Park 
and Preserve also made significant contributions.

Administrative Procedures Act

    In accordance with the Administrative Procedures Act (5 U.S.C. 
553(d)(3)), the NPS has determined that publishing this rule 30 days 
prior to the rule becoming effective would delay effective 
implementation of this plan for the rapidly approaching summer season. 
This would be contrary to the public interest and the protection of 
park resources. Approximately 45 days were lost during the preparation 
of this plan due to the government shutdown. Wildlife protection 
provisions contained in the regulations are intended to take effect on 
May 1, and vessel traffic permit provisions apply as of June 1. NPS 
requires some lead time in order to inform the public and handle permit 
scheduling. Since NPS believes that all elements of this rule are 
inextricably linked--e.g., the increases in vessel traffic must be 
balanced by the environmental protections--NPS has decided to invoke 
the ``good cause'' exception and make the entire rule effective upon 
publication. Therefore, under the ``good cause'' exception of the 
Administrative Procedures Act (5 U.S.C. 553(d)(3)), and as discussed 
above, it has been determined that this rulemaking is excepted from the 
30 day delay in effective date, and shall become effective on the date 
published in the Federal Register.

Paperwork Reduction Act

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.), the information collection requirements contained in this 
final rule at Sec. 13.65(b)(2), have been approved by the Office of 
Management and Budget and assigned clearance number 1024-0026. This 
information is being collected to solicit information that is necessary 
for the Superintendent to issue motor vessel permits. The public is 
being asked to provide this information in order for the park to track 
the number of permits issued and to whom they are issued. Should the 
park need to contact the permittees, a mechanism will be in place to 
allow them to do so.
    Additionally, cruise ships, tour vessels and charter vessels will 
be issued permits in accordance with NPS concession authorizations. To 
obtain or renew an entry permit, cruise ship companies will prepare 
and, after approval, implement a pollution minimization plan to assure, 
to the fullest extent possible, that any ship permitted to travel 
within Glacier Bay will apply the industry's best approaches toward 
vessel oil-spill response planning and prevention and minimization of 
air, water and underwater noise pollution while operating in Glacier 
Bay. Such plan will be submitted to the superintendent, who may approve 
or disapprove the plan.
    The information will be used to grant administrative benefits and 
there is an obligation to respond.

Compliance With Other Laws

    This final rule has been reviewed under Executive Order 12866. The 
Department of the Interior certifies that this document will not have a 
significant economic effect on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    This regulation was subject to National Environmental Policy Act 
compliance and an Environmental Assessment (EA) was completed. Based on 
the information contained in the EA, a Finding of No Significant Impact 
(FONSI) was determined.

List of Subjects in 36 CFR Part 13

    Alaska, National parks, Reporting and recordkeeping requirements.
    In consideration of the foregoing, the NPS amends 36 CFR Chapter I 
as follows:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

    1. The authority citation for part 13 is revised to read as 
follows:

    Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 13.65 also 
issued under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197.

Subpart C--Special Regulations--Specific Park Areas in Alaska

    2. Section 13.65 is amended by revising the heading of paragraph 
(b) and paragraphs (b)(1) through (b)(4) to read as follows:

Sec. 13.65  Glacier Bay National Park and Preserve.

* * * * *
    (b) Resource protection and vessel management--(1) Definitions. As 
used in this section:
    Charter vessel means any motor vessel under 100 tons gross (U.S. 
System) or 2,000 tons gross (International Convention System) that is 
rated to carry up to 49 passengers, and is available for hire on an 
unscheduled basis; except a charter vessel used to provide a scheduled 
camper or kayak drop off service.
    Commercial fishing vessel means any motor vessel conducting fishing 
activities under the appropriate commercial fishing licenses as 
required and defined by the State of Alaska.
    Cruise ship means any motor vessel at or over 100 tons gross (U.S. 
System) or 2,000 tons gross (International Convention System) carrying 
passengers for hire.
    Entry means each time a motor vessel passes the mouth of Glacier 
Bay into the bay; each time a private vessel activates or extends a 
permit; each time a motor vessel based at or launched from Bartlett 
Cove leaves the dock area on the way into Glacier Bay, except a private 
vessel based at Bartlett Cove that is gaining access or egress to or 
from outside Glacier Bay; the first time a local private vessel uses a 
day of the seven use-day permit; or each time a motor vessel is 
launched from another vessel within Glacier Bay, except a motor vessel 
singularly launched from a permitted motor vessel and operated only 
while the permitted vessel remains at anchor, or a motor vessel 
launched and operated from a permitted motor vessel while that vessel 
is not under way and in accordance with a concession agreement.
    Glacier Bay means all marine waters contiguous with Glacier Bay, 
lying north of an imaginary line between Point Gustavus and Point 
Carolus.
    Motor vessel means any vessel, other than a seaplane, propelled or 
capable of being propelled by machinery (including steam), whether or 
not such machinery is the principal source of power, except a skiff or 
tender under tow or carried on board another vessel.
    Operate or Operating includes the actual or constructive possession 
of a vessel or motor vessel.
    Private vessel means any motor vessel used for recreation that is 
not engaged in commercial transport of passengers, commercial fishing 
or official government business.
    Pursue means to alter the course or speed of a vessel or a seaplane 
in a manner that results in retaining a vessel, or a seaplane operating 
on the water, at a distance less than one-half nautical mile from a 
whale.
    Speed through the water means the speed that a vessel moves through 
the water (which itself may be moving); as distinguished from ``speed 
over the ground.''
    Tour vessel means any motor vessel under 100 tons gross (U.S. 
System) or 2,000 tons gross (International Convention System) that is 
rated to carry more than 49 passengers, or any smaller vessel that 
conducts tours or provides transportation at regularly scheduled times 
along a regularly scheduled route.

[[Page 27017]]

    Transit means to operate a motor vessel under power and 
continuously so as to accomplish one-half nautical mile of littoral 
(i.e., along the shore) travel.
    Vessel includes every type or description of craft used as a means 
of transportation on the water, including a buoyant device permitting 
or capable of free flotation and a seaplane while operating on the 
water.
    Vessel use-day means any continuous period of time that a motor 
vessel is in Glacier Bay between the hours of 12 midnight on one day to 
12 midnight the next day.
    Whale means any humpback whale (Megaptera novaeangliae).
    Whale waters means any portion of Glacier Bay, designated by the 
superintendent, having a high probability of whale occupancy, based 
upon recent sighting and/or past patterns of occurrence.
    (2) Permits. The superintendent will issue permits for private 
motor vessels in accordance with this part and for cruise ships, tour 
vessels, and charter vessels in accordance with National Park Service 
concession authorizations and this part.
    (i) Private vessel permits and conditions. Each private motor 
vessel must have a permit to enter Glacier Bay June 1 through August 
31.
    (A) The superintendent may establish conditions regulating how 
permits can be obtained, whom a vessel operator must contact when 
entering or leaving Glacier Bay, designated anchorages, the maximum 
length of stay in Glacier Bay, and other appropriate conditions.
    (B) June 1 through August 31, upon entering Glacier Bay through the 
mouth, the operator of a private motor vessel must report directly to 
the Bartlett Cove Ranger Station for orientation.
    (1) Failing to report as required is prohibited.
    (2) The superintendent may waive this requirement before or upon 
entry.
    (ii) Commercial vessel permits and conditions. Each commercially 
operated motor vessel must have the required permit(s) to enter Glacier 
Bay.
    (A) To obtain or renew an entry permit, a cruise ship company must 
submit and, after approval, implement a pollution minimization plan. 
The plan must ensure, to the fullest extent possible, that any ship 
permitted to travel within Glacier Bay will apply the industry's best 
approaches toward vessel oil-spill response planning and prevention and 
minimization of air and underwater noise pollution while operating in 
Glacier Bay. The superintendent will approve or disapprove the plan.
    (B) Each cruise ship company must assess the impacts of its 
activities on Glacier Bay resources pursuant to the NPS research, 
inventory and monitoring plan as specified in the applicable concession 
permit.
    (C) The superintendent at any time may impose operating conditions 
to prevent or mitigate air pollution, water pollution, underwater noise 
pollution or other effects of cruise ship operation.
    (D) The superintendent will immediately suspend the entry permit(s) 
of any cruise ship that fails to submit, implement or comply with a 
pollution minimization plan or additional operating condition.
    (E) A commercial vessel, except a commercial fishing vessel, is 
prohibited from entering Glacier Bay unless the operator notifies the 
Bartlett Cove Ranger Station of the vessel's entry immediately upon 
entry or within the 48 hours before entry.
    (F) Off-boat activity from a commercial vessel is prohibited, 
unless the superintendent allows it under conditions that the 
superintendent establishes.
    (iii) Exceptions from entry permit requirement. A permit is not 
required to enter Glacier Bay when:
    (A) A motor vessel is engaged in official business of the state or 
federal government.
    (B) A private motor vessel based at Bartlett Cove is transiting 
between Bartlett Cove and waters outside Glacier Bay, or is operated in 
Bartlett Cove in waters bounded by the public and administrative docks.
    (C) A motor vessel is singularly launched from a permitted motor 
vessel and operated only while the permitted motor vessel remains at 
anchor, or a motor vessel is launched and operated in accordance with a 
concession agreement from a permitted motor vessel while that vessel is 
not underway.
    (D) A commercial fishing vessel otherwise permitted under all 
applicable authorities is actually engaged in commercial fishing within 
Glacier Bay.
    (E) The superintendent grants a vessel safe harbor at Bartlett 
Cove.
    (iv) Prohibitions. (A) Operating a motor vessel in Glacier Bay 
without a required permit is prohibited.
    (B) Violating a term or condition of a permit or an operating 
condition or restriction issued or imposed pursuant to this chapter is 
prohibited.
    (C) The superintendent may immediately suspend or revoke a permit 
or deny a future permit request as a result of a violation of a 
provision of this chapter.
    (v) Restrictions on vessel entry. The superintendent will allow 
vessel entry in accordance with the following table:

----------------------------------------------------------------------------------------------------------------
                                               Allowable               Total                                    
                                                 vessel     Total      vessel                                   
                Type of vessel                  use days   entries    use days    Period covered by  limitation 
                                                per day    allowed    allowed                                   
----------------------------------------------------------------------------------------------------------------
Cruise ship..................................          2      (\1\)      (\1\)  Year round.                     
Tour vessel..................................          3  .........  .........  Year round.                     
Charter vessel...............................          6        312        552  June 1-Aug. 31.                 
Private vessel...............................         25        468      1,971  June 1-Aug. 31.                 
----------------------------------------------------------------------------------------------------------------
\1\ See paragraphs (b)(2)(v) (A) through (C) of this section.                                                   

    (A) By October 1, 1996, the superintendent will reinitiate 
consultation with the National Marine Fisheries Service (NMFS) and 
request a biological opinion under section 7 of the Endangered Species 
Act. The superintendent will request that NMFS assess and analyze any 
effects of vessel traffic authorized by this section, on the endangered 
and threatened species that occur in or use Glacier Bay National Park 
and Preserve.
    (1) Based on this biological opinion, applicable authority, and any 
other relevant information, the director shall reduce the vessel entry 
and use levels for any or all categories of vessels in this section 
effective for the 1998 season or any year thereafter, if required to 
assure protection of the values and purposes of Glacier Bay National 
Park and Preserve.

[[Page 27018]]

    (2) The director will publish a document in the Federal Register on 
any revision in the number of seasonal entries and use days under this 
paragraph (b)(2)(v), with an opportunity for public comment.
    (B) By October 1, 1997, the superintendent will determine, with the 
director's approval, whether studies have been completed and sufficient 
scientific and other information has been developed to support an 
increase in cruise ship entries for the 1998 summer season (June 1 
through August 31) while assuring protection of the values and purposes 
of Glacier Bay National Park and Preserve. Any increase will be subject 
to the maximum daily limit of two vessel use-days. If the 
superintendent recommends an increase, the superintendent will publish 
a document of the increase in the Federal Register with an opportunity 
for public comments.
    (C) By October 1 of each year (beginning in 1998), the 
superintendent will determine, with the director's approval, the number 
of cruise ship entries for the following summer season (June 1 through 
August 31). This determination will be based upon available scientific 
and other information and applicable authorities. The number will be 
subject to the maximum daily limit of two vessel use-days. The 
superintendent will publish a document of any revision in seasonal 
entries in the Federal Register with an opportunity for public comment.
    (D) Nothing in this paragraph will be construed to prevent the 
superintendent from taking any action at any time to assure protection 
of the values and purposes of Glacier Bay National Park and Preserve.
    (3) Operating restrictions. (i) Operating a vessel within one-
quarter nautical mile of a whale is prohibited, except for a commercial 
fishing vessel actually trolling or setting or pulling long lines or 
crab pots as otherwise authorized by the superintendent.
    (ii) The operator of a vessel accidentally positioned within one-
quarter nautical mile of a whale shall immediately slow the vessel to 
ten knots or less, without shifting into reverse unless impact is 
likely. The operator shall then direct or maintain the vessel on as 
steady a course as possible away from the whale until at least one-
quarter nautical mile of separation is established. Failure to take 
such action is prohibited.
    (iii) Pursuing or attempting to pursue a whale is prohibited.
    (iv) Whale water restrictions. (A) May 15 through August 31, the 
following Glacier Bay waters are designated as whale waters.
    (1) Lower bay waters, defined as waters north of an imaginary line 
drawn from Point Carolus to Point Gustavus; and south of an imaginary 
line drawn from the northernmost point of Lars Island across the 
northernmost point of Strawberry Island to the point where it 
intersects the line that defines the Beardslee Island group, as 
described in paragraph (b)(3)(vii)(A)(4) of this section, and following 
that line south and west to the Bartlett Cove shore.
    (2) [Reserved]
    (B) June 1 through August 31, the following Glacier Bay waters are 
designated as whale waters.
    (1) Whidbey Passage waters, defined as waters north of an imaginary 
line drawn from the northernmost point of Lars Island to the 
northernmost point of Strawberry Island; west of imaginary lines drawn 
from the northernmost point of Strawberry Island to the southernmost 
point of Willoughby Island, the northernmost point of Willoughby Island 
(proper) to the southernmost point of Francis Island, the northernmost 
point of Francis Island to the southernmost point of Drake Island; and 
south of the northernmost point of Drake Island to the northernmost 
point of the Marble Mountain peninsula.
    (2) East Arm Entrance waters, defined as waters north of an 
imaginary line drawn from the southernmost point of Sebree Island to 
the northernmost point of Sturgess Island, and from there to the 
westernmost point of the unnamed island south of Puffin Island (that 
comprises the south shore of North Sandy Cove); and south of an 
imaginary line drawn from Caroline Point across the northernmost point 
of Garforth Island to shore.
    (3) Russell Island Passage waters, defined as waters enclosed by 
imaginary lines drawn from: the easternmost point of Russell Island due 
east to shore, and from the westernmost point of Russell Island due 
north to shore.
    (C) The superintendent may designate temporary whale waters and 
impose motor vessel speed restrictions in whale waters. Maps of 
temporary whale waters and notice of vessel speed restrictions imposed 
pursuant to this paragraph (b)(3)(iv)(C) shall be made available to the 
public at park offices at Bartlett Cove and Juneau, Alaska, and shall 
be submitted to the U.S. Coast Guard for publication as a ``Notice to 
Mariners.''
    (D) Violation of a whale water restriction is prohibited. The 
following restrictions apply in designated whale waters:
    (1) Except on vessels actually fishing as otherwise authorized the 
superintendent or vessels operating solely under sail, while in 
transit, operators of motor vessels over 18 feet in length will in all 
cases where the width of the water permits, maintain a distance of at 
least one nautical mile from shore, and, in narrower areas will 
navigate in mid-channel: Provided, however, that unless other 
restrictions apply, operators may perpendicularly approach or land on 
shore (i.e., by the most direct line to shore) through designated whale 
waters.
    (2) Motor vessel speed limits established by the superintendent 
pursuant to paragraph (b)(3)(iv)(C) of this section.
    (v) Speed restrictions. (A) May 15 through August 31, in the waters 
of the lower bay as defined in paragraph (b)(3)(iv)(A)(1) of this 
section, the following are prohibited:
    (1) Operating a motor vessel at more than 20 knots speed through 
the water; or
    (2) Operating a motor vessel at more than 10 knots speed through 
the water, when the superintendent has designated a maximum speed of 10 
knots (due to the presence of whales).
    (B) July 1 through August 31, operating a motor vessel on Johns 
Hopkins Inlet south of 58 deg.54.2'N. latitude (an imaginary line 
running approximately due west from Jaw Point) at more than 10 knots 
speed through the water is prohibited.
    (vi) Closed waters, islands and other areas. The following are 
prohibited:
    (A) Operating a vessel or otherwise approaching within 100 yards of 
South Marble Island; or Flapjack Island; or any of the three small 
unnamed islets approximately one nautical mile southeast of Flapjack 
Island; or Eider Island; or Boulder Island; or Geikie Rock; or Lone 
Island; or the northern three-fourths of Leland Island (north of 
58 deg.39.1'N. latitude; or any of the four small unnamed islands 
located approximately one nautical mile north (one island), and 1.5 
nautical miles east (three islands) of the easternmost point of Russell 
Island; or Graves Rocks (on the outer coast); or Cormorant Rock, or any 
adjacent rock, including all of the near-shore rocks located along the 
outer coast, for a distance of 1\1/2\ nautical miles, southeast from 
the mouth of Lituya Bay; or the surf line along the outer coast, for a 
distance of 1\1/2\ nautical miles northwest of the mouth of the glacial 
river at Cape Fairweather.
    (B) Operating a vessel or otherwise approaching within 100 yards of 
a Steller (northern) sea lion (Eumetopias jubatus) hauled-out on land 
or a rock or

[[Page 27019]]

a nesting seabird colony: Provided, however, that vessels may approach 
within 50 yards of that part of South Marble Island lying south of 
58 deg.38.6'N. latitude (approximately the southern one-half of South 
Marble Island) to view seabirds.
    (C) May 1 through August 31, operating a vessel, or otherwise 
approaching within \1/4\ nautical mile of, Spider Island or any of the 
four small islets lying immediately west of Spider Island.
    (D) May 1 through August 31, operating a cruise ship on Johns 
Hopkins Inlet waters south of 58 deg.54.2'N. latitude (an imaginary 
line running approximately due west from Jaw Point).
    (E) May 1 through June 30, operating a vessel or a seaplane on 
Johns Hopkins Inlet waters south of 58 deg.54.2'N. latitude (an 
imaginary line running approximately due west from Jaw Point).
    (F) July 1 through August 31, operating a vessel or a seaplane on 
Johns Hopkins Inlet waters south of 58 deg.54.2'N. latitude (an 
imaginary line running approximately due west from Jaw Point), within 
\1/4\ nautical mile of a seal hauled out on ice; except when safe 
navigation requires, and then with due care to maintain the \1/4\ 
nautical mile distance from concentrations of seals.
    (G) Restrictions imposed in this paragraph (b)(3)(vi) are minimum 
distances. Park visitors are advised that protection of park wildlife 
may require that visitors maintain greater distances from wildlife. 
See, 36 CFR 2.2 (Wildlife protection).
    (vii) Closed waters, motor vessels and seaplanes. (A) May 1 through 
September 15, operating a motor vessel or a seaplane on the following 
water is prohibited:
    (1) Adams Inlet, east of 135 deg.59.2'W. longitude (an imaginary 
line running approximately due north and south through the charted (5) 
obstruction located approximately 2\1/4\ nautical miles east of Pt. 
George).
    (2) Rendu Inlet, north of the wilderness boundary at the mouth of 
the inlet.
    (3) Hugh Miller complex, including Scidmore Bay and Charpentier 
Inlet, west of the wilderness boundary at the mouth of the Hugh Miller 
Inlet.
    (4) Waters within the Beardslee Island group (except the Beardslee 
Entrance), that is defined by an imaginary line running due west from 
shore to the easternmost point of Lester Island, then along the south 
shore of Lester Island to its western end, then to the southernmost 
point of Young Island, then north along the west shore and east along 
the north shore of Young Island to its northernmost point, then at a 
bearing of 15 deg. true to an imaginary point located one nautical mile 
due east of the easternmost point of Strawberry Island, then at a 
bearing of 345 deg. true to the northernmost point of Flapjack Island, 
then at a bearing of 81 deg. true to the northernmost point of the 
unnamed island immediately to the east of Flapjack Island, then 
southeasterly to the northernmost point of the next unnamed island, 
then southeasterly along the (Beartrack Cove) shore of that island to 
its easternmost point, then due east to shore.
    (B) June 1 through July 15, operating a motor vessel or a seaplane 
on the waters of Muir Inlet north of 59 deg.02.7'N. latitude (an 
imaginary line running approximately due west from the point of land on 
the east shore approximately 1 nautical mile north of the McBride 
Glacier) is prohibited.
    (C) July 16 through August 31, operating a motor vessel or a 
seaplane on the waters of Wachusett Inlet west of 136 deg.12.0'W 
longitude (an imaginary line running approximately due north from the 
point of land on the south shore of Wachusett Inlet approximately 2\1/
4\ nautical miles west of Rowlee Point) is prohibited.
    (viii) Noise restrictions. June 1 through August 31, except on 
vessels in transit or as otherwise permitted by the superintendent, the 
use of generators or other non-propulsive motors (except a windless) is 
prohibited from 10:00 p.m. until 6:00 a.m. in Reid Inlet, Blue Mouse 
Cove and North Sandy Cove.
    (ix) Other restrictions. Notwithstanding any other provision of 
this part, due to the rapidly emerging and changing ecosystems of, and 
for the protection of wildlife in Glacier Bay National Park and 
Preserve, including but not limited to whales, seals, sea lions, 
nesting birds and molting waterfowl:
    (A) Pursuant to Secs. 1.5 and 1.6 of this chapter, the 
superintendent may establish, designate, implement and enforce 
restrictions and public use limits and terminate such restrictions and 
public use limits.
    (B) The public shall be notified of restrictions or public use 
limits imposed under this paragraph (b)(3)(ix) and the termination or 
relaxation of such, in accordance with Sec. 1.7 of this chapter, and by 
submission to the U.S. Coast Guard for publication as a ``Notice to 
Mariners,'' where appropriate.
    (C) The superintendent shall make rules for the safe and equitable 
use of Bartlett Cove waters and for park docks. The public shall be 
notified of these rules by the posting of a sign or a copy of the rules 
at the dock. Failure to obey a sign or posted rule is prohibited.
    (x) Closed waters and islands within Glacier Bay as described in 
paragraphs (b)(3) (iv) through (vii) of this section are described as 
depicted on NOAA Chart #17318 GLACIER BAY (4th Ed., Mar. 6/93) 
available to the public at park offices at Bartlett Cove and Juneau, 
Alaska.
    (xi) Paragraphs (b)(3) (i) through (iii) of this section do not 
apply to a vessel being used in connection with federally permitted 
whale research or monitoring; other closures and restrictions in this 
paragraph (b)(3) do not apply to authorized persons conducting 
emergency or law enforcement operations, research or resource 
management, park administration/supply, or other necessary patrols.
    (4) Marine vessel visible emission standards. Visible emissions 
from a marine vessel, excluding condensed water vapor, may not result 
in a reduction of visibility through the exhaust effluent of greater 
than 20 percent for a period or periods aggregating more than:
    (i) Three minutes in any one hour while underway, at berth, or at 
anchor; or
    (ii) Six minutes in any one hour during initial startup of diesel-
driven vessels; or
    (iii) 12 minutes in one hour while anchoring, berthing, getting 
underway or maneuvering in Bartlett Cove.
* * * * *
    Dated: April 22, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-13210 Filed 5-29-96; 8:45 am]
BILLING CODE 4310-70-P
```