[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7263]


[[Page Unknown]]

[Federal Register: March 31, 1994]


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DEPARTMENT OF THE INTERIOR

National Park Service

 

36 CFR Parts 5 and 7

RIN: 1024-AC15

Glacier National Park; Revision to Special Regulations

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) is proposing to revise its 
current regulations regarding sport fishing, the use of motorized 
vessels, and commercial passenger-carrying vehicles in Glacier National 
Park. First, the proposed rule would continue to allow fishing in most 
streams, rivers, and lakes in Glacier National Park, subject to 
closures or other conditions made by the Superintendent consistent with 
the park's fisheries program objectives. Second, the proposed rule 
would prohibit motorboat use on Kintla Lake, and place horsepower 
restrictions on other park lakes. Third, the proposed rule would 
clarify the exceptions to the prohibition regarding commercial 
passenger-carrying motor vehicles, and would expand the areas of the 
park in which these vehicles would be allowed.

DATES: Written comments will be accepted through May 31, 1994.

ADDRESSES: Comments should be addressed to: Superintendent, Glacier 
National Park, West Glacier, MT. 59936.

FOR FURTHER INFORMATION CONTACT: Fred Vanhorn, Protection Specialist, 
Glacier National Park, West Glacier, MT. 59936.

SUPPLEMENTARY INFORMATION:

Background

Fishing

    The present Glacier National Park fishing regulations are codified 
in 36 CFR 7.3(a),(b), and (c). They permit fishing in selected waters 
of the park with a variety of regulations covering specific lakes and 
streams.
    Technical fishery assistance has been provided to Glacier National 
Park by the U.S. Fish and Wildlife Service and its predecessors for 45 
years. The present park management objectives have evolved since 1976 
and are consistent with the park's primary purpose, which is to 
preserve natural environments and native plant and animal life, and to 
provide for the enjoyment of the resources by park visitors in ways 
that maintain natural conditions. The specific objectives of the park's 
fishery program are:
    1. to manage the fishery as an integral part of the park's 
ecosystem;
    2. to restore and preserve native species and aquatic habitats; and
    3. to provide recreational fishing for the enjoyment of the park 
visitors when consistent with the two previous objectives.
    Attainment of these objectives requires that angler harvests not 
alter native species natural replenishment rates or age structure, or 
significantly reduce numbers, biomass, or sizes from those occurring in 
un-fished populations. Protective policies of the NPS that have 
prevented significant degradation of the aquatic habitat have also 
restricted the use of maintenance stocking in park waters. Given these 
constraints, special angling regulations have become the primary means 
to accomplish park fishery objectives.
    Regulations used to protect fish and maintain angling quality have 
included manipulating season dates, bait and terminal gear 
restrictions, and the use of creel limits, including catch and release. 
Additionally, various waters have been closed to anglers in order to 
protect threatened and endangered species, nesting birds, and visitors.
    Because of the introduction of non-native fish in the past, the 
current invasion of non-native fish from outside the park, the 
recognition of the westslope cutthroat and bull trout as species of 
special concern by the State of Montana, and increased fishing in 
selected waters within the park, park management must be able to 
respond rapidly to changes that occur in a dynamic ecosystem resulting 
from human and natural conditions.
    The proposed regulation would allow the Superintendent to meet 
these objectives in a timely manner by establishing a process to 
implement local Superintendent's orders using the discretionary 
authority of 36 CFR 1.5. Such orders could include restrictions or 
conditions on species of fish allowed for take, seasons and creel 
limits, methods of taking, or other conditions. This procedure will 
afford greater protection to the park's aquatic resources, be more 
responsive to public needs, and allow the park managers greater 
flexibility in responding to specific situations.
    Public notice of conditions or restrictions established by the 
Superintendent would be provided through signs, maps, brochures, 
newspaper notices or other appropriate methods as required by 36 CFR 
1.7. Detailed information pertaining to the nature and extent of 
fishing restrictions will be readily available to anglers in the park. 
Superintendent's restrictions and conditions on fishing will be 
reviewed at least annually and made a part of the Superintendent's 
compendium. Permanent and significant closures are subject to the 
rulemaking requirements of 36 CFR 1.5(b) and will continue to be 
codified in 36 CFR 7.3.

Motorized Vessels

    The present Glacier National Park regulation regarding motorboats 
(motorized vessels) is codified in 36 CFR 7.3(f). It limits motorboats 
and motor vessels to ten horsepower or less on Kintla, Bowman and Two 
Medicine Lakes, except for sightseeing vessels operated by an 
authorized concessioner on Two Medicine Lake. It also prohibits all 
motorboats and motor vessels on Swiftcurrent Lake, except for 
authorized concessioner sightseeing vessels.
    The issue of motorboat use in wilderness is addressed in chapter 
6:8 of the NPS Management Policies (1988) as follows:

    ``The Wilderness Act [Pub. L. 88-577] authorizes continuation of 
motorboat and aircraft use under certain circumstances where those 
activities were established prior to wilderness designation. The 
National Park Service will limit authorization for the continued use 
of any motorized equipment in wilderness to situations where such 
use has been specifically authorized by Congress and determined by 
Congress or the Park Service to be compatible with the purpose, 
character, and resource values of the particular wilderness area 
involved.''

    In 1974 the NPS prepared an ``Environmental Statement/Wilderness 
Recommendation'' for Glacier National Park which included Kintla and 
Bowman Lakes in recommended wilderness and indicated that if Congress 
designated these areas as wilderness, motorboating--a traditional 
activity on Kintla Lake--would be eliminated. This original 
recommendation was modified in 1984 to permit motorboats of up to 10 
horsepower on both lakes. Congress has not yet acted on the NPS 
wilderness recommendation, and boats with motors up to 10 horsepower 
have continued to be allowed on Kintla Lake over the past 15 years. The 
use of motorboats on Kintla Lake and the potential impacts of 
continuing or prohibiting this use were assessed in the 1992 ``North 
Fork Management Plan/Environmental Assessment'', prepared by the NPS.
    The 1992 plan mandates the elimination of motorboats on Kintla 
Lake. Kintla Lake would thus become the only road-accessible lake in 
the park where motorized watercraft are not permitted, and it would 
provide opportunities for users of non-motorized watercraft to enjoy 
solitude and quiet without the disruption of motor noise. An NPS patrol 
boat would be kept in the Kintla Lake boathouse for emergency use, with 
routine NPS patrols being made by non-motorized vessels.
    The proposed regulations will allow the Superintendent to manage 
the Kintla Lake area in accordance with the 1992 North Fork Management 
Plan (approved May 20, 1992). The following goals and objectives, 
developed by the NPS to guide use and management of the North Fork, and 
based on public use surveys and general perceptions of the area, relate 
to this proposed rule:
    Goal: To maintain the dynamic natural ecosystem.
    Objectives: (1) To continue to manage the portion of the North Fork 
area that has been recommended for wilderness according to NPS 
wilderness management policies. (2) To maintain the quality and natural 
flow of park waters. (3) To minimize man-made noise.
    Goal: To maintain the area's value as a wilderness threshold.
    Objectives: (1) To maintain a primitive atmosphere associated with 
an earlier point in time and to provide facilities, services, and 
programs in keeping with that atmosphere. (2) To retain a sense of 
solitude, require a high degree of visitor self-reliance, and ensure 
freedom from constraint.
    Goal: To provide quality, diversity, and safety in the visitor 
experience.
    Objectives: To provide a visitor experience that is different from 
those in more developed and accessible parts of the park.
    Public notice of the motorboat prohibition on Kintla Lake will be 
provided through signs, maps, brochures, and media news releases.

Commercial Passenger-Carrying Motor Vehicles

    The present Glacier National Park commercial passenger-carrying 
motor vehicle regulations are codified in 36 CFR 5.4(a). They prohibit 
commercial transportation of passengers by motor vehicles except as 
authorized under a contract or permit from the Secretary or his 
authorized representative in Glacier National Park except that portion 
of the park road from the Sherburne entrance to the Many Glacier area. 
Commercial passenger-carrying motor vehicles are not currently 
addressed in park special regulations at 36 CFR 7.3.
    Under the existing Concessions Contract (CC1430-1-0002) with 
Glacier Park, Inc. (GPI), GPI had the preferential right, until 
December 31, 1985, to provide all transportation service in Glacier 
with the exception of transportation on the road between Sherburne 
entrance and the Many Glacier area. No other commercial transportation 
services were allowed into the park without first entering into a trip 
lease agreement with GPI, thereby reimbursing GPI for the right to 
enter the park under the auspices of GPI's Concessions Contract. As of 
January 1, 1986, this preferential right was modified to reflect only a 
right of first refusal to provide transportation services for 
prearranged tour groups, unscheduled scenic tours over the portion of 
the Going-to-the-Sun Road between Lake McDonald Lodge and Rising Sun, 
and for daily scheduled public transportation service within Glacier 
National Park. This, in effect, allowed unscheduled scenic tours from 
outside the park to enter the park on the west as far as Lake McDonald 
Lodge, and from the east as far as Rising Sun and to the Two Medicine 
area as well as to the Many Glacier area.
    Current CFR language requires a separate contract or permit for 
each tour company entering Glacier National Park. Several hundred of 
these tours travel to Glacier each season. These tours are unscheduled, 
sporadic transportation services that, in most cases, only involve 
transportation to and from a park facility. Requiring separate 
concessions contracts or permits would place an unnecessary burden on 
the NPS and tour operators.
    The NPS proposes that Sec. 7.3 be amended to show where and when 
these restrictions do not apply, and that Sec. 5.4 be amended to 
correspond with this change. The proposed regulations will expand and 
clarify the areas where commercial passenger-carrying motor vehicle 
operations are allowed and assist the Superintendent in equitably and 
effectively managing the permitting process.
    Public notice of the commercial passenger-carrying motor vehicle 
regulations will be provided through public notices and media news 
releases.

Public Participation

    The policy of the NPS is, whenever practicable, to afford the 
public an opportunity to participate in the rulemaking process. 
Accordingly, interested persons may submit written comments regarding 
these proposed rules to the address noted at the beginning of this 
proposed rule making. The public has also previously had extensive 
opportunity to comment on the Management Plan and Environmental 
Assessment for the North Fork Study Area.

Drafting Information

    The primary authors of the proposed fishing regulation are Dr. Leo 
Marnell, Aquatic Biologist, and William Michels, Natural Resource 
Specialist, Glacier National Park. The primary author of the proposed 
commercial vehicle regulation is Fred Vanhorn, Protection Specialist, 
Glacier National Park. The primary author of the proposed motorboating 
regulation is Roger L. Semler, Wilderness Manager, Glacier National 
Park.

Paperwork Reduction Act

    These rules do not contain information collection requirements that 
require approval by the Office of Management and Budget under 44 U.S.C. 
3501 et seq.

Compliance With Other Laws

    This rule was not subject to Office of Management and Budget (OMB) 
review under Executive Order 12866.
    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., the NPS has determined that this proposed regulation will not 
have a significant economic effect on a substantial number of small 
entities, nor does it require preparation of a regulatory analysis.
    It has been determined that this proposal does not constitute an 
adverse or significant action and is categorically excluded from the 
National Environmental Policy Act, 42 U.S.C. 4321, et seq., process. 
(516 DM 2, Appendix 7.4 A (10)). The rule change on motorboat 
regulations is addressed in the Management Plan Environmental 
Assessment for the North Fork Study Area, dated May, 1991, as required 
by the National Environmental Policy Act, 42 U.S.C. 4321, et seq., and 
a Finding Of No Significant Impact was signed by the Regional Director 
of the Rocky Mountain Region of the NPS on 5/20/92.

List of Subjects in 36 CFR Parts 5 & 7

    In consideration of the foregoing, it is proposed to amend 36 CFR 
Chapter I, Parts 5 and 7 as follows:

PART 5--COMMERCIAL AND PRIVATE OPERATIONS

    1. The authority citation for part 5 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 17j-2, 462.

    2. Section 5.4(a) is amended by revising in the first sentence the 
parenthetical phrase ``(prohibition does not apply to that portion of 
the park road from the Sherburne entrance to the Many Glacier area)'', 
to read as follows:


Sec. 5.4  Commercial passenger-carrying motor vehicles.

    (a) *** (prohibition does not apply to nonscheduled tours in 
portions of the park road as defined in Sec. 7.3 of this chapter) ***
* * * * *

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

    4. The authority citation for part 7 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also 
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).

    5. Section 7.3 is amended by revising paragraph (a), removing 
paragraph (b) and redesignating paragraph (f) as new paragraph (b) and 
revising it, revising paragraph (c), and redesignating paragraph (g) as 
new paragraph (f), to read as follows:


Sec. 7.3  Glacier National Park.

    (a) Fishing. (1) Fishing conditions or restrictions, based on 
management objectives described in the park's Resource Management Plan, 
are established annually by the Superintendent.
    (2) The Superintendent may impose closures and establish conditions 
or restrictions, in accordance with the criteria and procedures of 
Secs. 1.5 and 1.7 of this chapter, on any activity pertaining to 
fishing, including but not limited to species of fish that may be 
taken, seasons and hours during which fishing may take place, methods 
of taking, size, location, and possession limits.
    (3) Fishing in closed waters or in violation of a condition or 
restriction established by the Superintendent is prohibited.
    (b) Motorized vessels. (1) On Bowman and Two Medicine Lakes, the 
operation of a motorized vessel is limited to a vessel equipped with an 
outboard motor not to exceed 10 horsepower. On Two Medicine Lake, this 
restriction does not apply to sightseeing vessels operated by an 
authorized concessioner.
    (2) On Swiftcurrent Lake, the operation of a motorized vessel, 
except a sightseeing vessel operated by an authorized concessioner, is 
prohibited.
    (3) On Kintla Lake, the operation of a motorized vessel is 
prohibited.
    (c) Commercial passenger-carrying motor vehicles. (1) The 
prohibition against the commercial transportation of passengers by 
motor vehicles in Glacier National Park contained in Sec. 5.4 of this 
chapter shall not apply on those portions of the park roads from 
Sherburne entrance to the Many Glacier area; from Two Medicine entrance 
to Two Medicine Lake; from West Glacier entrance to the Camas Entrance; 
U.S. Highway 2 from Walton to Java; and the Going-to-the Sun Road from 
West Glacier entrance to Lake McDonald Lodge and from St. Mary entrance 
to Rising Sun.
    (2) The operation of a motor vehicle on roads identified in 
paragraph (c)(1) of this section, on a general, infrequent, and 
nonscheduled tour in which the visit to the park is incidental to such 
tour, and carrying only round-trip passengers traveling from the point 
of origin of the tour, is allowed. Such tours shall not provide, in 
effect, a regular and duplicating service conflicting with, or in 
competition with, the tours provided for the public pursuant to 
contract authorization from the Secretary as determined by the 
Superintendent.
* * * * *
    Dated: February 26, 1994.
George T. Frampton, Jr.
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-7263 Filed 3-30-94; 8:45 am]
BILLING CODE 4310-70-P