[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28071]


[[Page Unknown]]

[Federal Register: November 15, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR
National Park Service

36 CFR Part 7

RIN 1024-AB10

 

Everglades National Park Special Regulations

AGENCY: National Park Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule revises the special regulations for Everglades 
National Park. It enables the park to adopt State fishing regulations 
and provides more specific authority to the Superintendent to closely 
regulate fishing and boating in the park. The rule prohibits the taking 
and possession of any marine life (including lobster or conch species) 
other than shrimp, bait or recreational finfish and shellfish species 
in the park and redefines ``commercial fishing''. The final rule 
enables the NPS to be more responsive in its mission to protect and 
conserve public resources and deletes obsolete regulations pertaining 
to mining and commercial fishing.

EFFECTIVE DATE: December 15, 1994.

FOR FURTHER INFORMATION CONTACT: Superintendent, Everglades National 
Park, 40001 State Road 9336, Homestead, FL 33034. Telephone (305) 242-
7730.

SUPPLEMENTARY INFORMATION:

Background

    On December 21, 1992 the National Park Service (NPS) published in 
the Federal Register (FR 57 60496) a proposed rule changing the special 
regulations for Everglades National Park. The final rule completely 
revises the special regulations for the park. The rule achieves 
consistency with State fishing rules and allows the park to adopt State 
fishing regulations. It more closely regulates the activities of 
commercial guide fishing and redefines ``commercial fishing'' to 
include the taking of sponges and other non-edible marine life.
    The final rule allows the NPS to take a more proactive role in its 
mission to protect and conserve natural and cultural resources and 
gives the Superintendent more specific authority to regulate fishing 
and boating. It prohibits the use of personal watercraft, closes 
accessible marine wilderness areas to the use of motorized vessels and 
allows for better management of wildlife habitat sites. The rule also 
deletes existing obsolete regulations from the Code of Federal 
Regulations pertaining to mining and commercial fishing.

American Crocodile

    On September 25, 1975, the American crocodile was placed on the 
Federal list of endangered species. On February 15, 1980, the NPS 
closed the following areas within Everglades National Park to public 
entry: Little Madeira Bay, Taylor River, East Creek, Mud Creek, Davis 
Creek, Joe Bay, Snag Bay, and all creeks inland from Long Sound to U.S. 
Highway 1. Though not so named in the regulations, they became known 
collectively as the ``crocodile sanctuary.'' Prior to the complete 
closure, the sanctuary had been closed to the public during nesting 
season.
    Studies done before the closure showed the sanctuary to be the most 
active area, the ``core'' of nesting activity by the American 
crocodile. Further studies showed that the sanctuary was the most 
productive area for hatchlings in the Park. Of the estimated 300-400 
crocodiles in south Florida, about 200-300, or as much as 75%, are 
found in Everglades National Park. Of the estimated 30 breeding females 
within the south Florida population, about 18-20, or roughly two-thirds 
are found in Everglades National Park. The U.S. Fish and Wildlife 
Service, the lead agency in administration of the Endangered Species 
Act, developed a recovery plan for the American crocodile. It lists 60 
breeding females in the south Florida population among its criteria for 
changing the status of the species from endangered to threatened; the 
time frame to reach that level, under present conditions, is 20-30 
years.
    Given (1) the high percentages of overall numbers and breeding 
females within the park, and (2) the high survival rate of hatchlings 
in the sanctuary areas, it follows that management actions taken by the 
NPS that impact crocodiles within the park, particularly the sanctuary, 
will significantly affect the species as a whole.
    A NPS study entitled ``A Draft Assessment of Recreational Boating 
and its Potential Impact on Resources Within the Crocodile Sanctuary of 
Everglades National Park'' (1992), proposed a plan whereby the 
crocodile sanctuary could be opened to varying degrees to public 
access. The study concluded the sanctuary could be opened under a 
specific set of criteria, including the establishment of ``no wake'' 
zones for the protection of young crocodiles, regulatory signing, 
monitoring of population numbers and condition in the sanctuary, 
increased law enforcement patrols to protect the animals and maintain 
``no wake'' areas, controlled regular trimming of opened creek areas, 
and development of a schedule for opening and closing parts of the 
sanctuary, relative to breeding, nesting and hatching activity.
    The U.S. Fish and Wildlife Service, in an informal consultation, 
concluded the sanctuary could be opened without endangering the 
American crocodile, provided the NPS implemented and enforced the 
protective measures outlined in the assessment.
    On September 15, 1993, a paper entitled ``Deterioration of the 
Florida Bay Ecosystem: An Evaluation of the Scientific Evidence,'' was 
published. It included a summary of the manifestations of 
deterioration, such as seagrass and mangrove die-offs, algal blooms, 
increased salinity in the bay, reduction of bird and fish populations, 
and changes in American crocodile nesting patterns. The consensus of 
the six scientists on the evaluation panel is that the deterioration 
process is complex and its mechanics are not yet understood. They 
cautioned against making major policy and management decisions with the 
inadequate amount of existing information available.
    Based on available information and comment, the areas colloquially 
known as the ``crocodile sanctuary'' will remain closed for the 
following reasons:
    1. Funding to support enforcement of seasonal closures and no-wake 
zones, regular patrols, adequate resource management monitoring, 
installation and maintenance of signs and trimming of vegetation along 
opened creeks in the sanctuary areas, which are criteria necessary for 
protection of the American crocodile is not available.
    2. Aerial manatee surveys done in 1980/81 showed no animals in the 
sanctuary area. Recently, they have been shown to be using the closed 
area for activities sensitive to disturbance, such as calving. The 
significance of the new activity relative to the status of the 
endangered manatee has not yet been determined.
    3. The closed areas, in their present state, contribute 
significantly to the recovery of the American crocodile. Because part 
of the recovery plan is to attain 60 reproducing females, any area that 
supports a vital hatchery should be protected.

Saltwater Fisheries

    Pursuant to Chapter 80-162, Laws of Florida, a Saltwater Fisheries 
Study and Advisory Council was appointed by the Governor to recommend 
to the State Legislature a comprehensive saltwater fishery conservation 
and management policy. In keeping with this charge, the Council holds 
public hearings and drafts rules to govern fishing activities within 
the fisheries of the State of Florida. To date, rules have promulgated 
setting seasons, size limits, and bag limits for various species of 
saltwater game fish.
    However, there is concern among fishermen, the park, and the State 
over the apparent conflict of bag limits set by the Council and those 
prescribed in the existing regulations which limits possession to ten 
(10) fish of one species, excluding bait fish, and a total of no more 
than twenty (20) fish of all species. Specifically, in the cases of 
such popular and stressed species as snook, tarpon, red drum, bonefish, 
grouper, snapper, and tarpon, the State of Florida has acted, based on 
professional fisheries management principles, to restrict possession of 
these species to limits far lower than the park's ten fish per species 
limit. The National Park Service does not wish to retain unmodified, a 
regulation that conflicts with such State regulatory actions, and fails 
to provide appropriate protection to species under great fishing 
pressure.
    Everglades National Park has been closed to personal watercraft 
through 36 CFR 1.5(a)(1) (Closures and Public Use Limits) for a number 
of years. The purpose for which the park was established, to protect a 
unique natural system, made activities such as water skiing and use of 
personal watercraft incompatible with preserving wilderness qualities 
such as serenity. Because the closure to personal watercraft will 
become permanent with this rulemaking, the closure will now become a 
part of Sec. 7.45.

Mining

    The NPS has revised the special regulations of the park in order 
to, among other things, delete obsolete mining rules found in the 
special regulations for Everglades National Park.
    Provisions of the acts of October 10, 1949 (63 Stat. 733), and July 
2, 1958 (72 Stat. 280), which will be referred to as ``the acts of 1949 
and 1958'', allowed mineral owners within Everglades National Park to 
explore for and develop their mineral properties until October 9, 1967. 
The acts of 1949 and 1958 also provided that if any production of oil 
or gas occurred during that period, the right to explore and develop 
would be extended for all mineral owners for the life of such 
production. At least four exploratory oil and gas wells were drilled 
during this period, but no discovery was made and no production 
occurred.
    Therefore, the provision allowing these activities expired on 
October 9, 1967. The acts of 1949 and 1958 also provided that former 
mineral owners were entitled to customary royalties from any production 
of their former mineral properties should the Federal government so 
authorize anytime before January 1, 1965. The Federal government made 
no authorizations.
    The National Park Service adopted special regulations found in 36 
CFR 7.45(a) ``to govern the exploration, development, extraction, and 
removal of oil, gas, and other minerals on lands acquired for 
Everglades National Park.'' The suspense dates authorized by the acts 
of 1949 and 1958 for former mineral owners to explore or develop their 
properties or to benefit from any production by the Federal government 
have passed.
    Through the Everglades National Park Protection and Expansion Act 
of 1989, (Pub.L. 101-229) approximately 107,400 acres, known as ``East 
Everglades'' was included inside the park. The tract is a mosaic of 
park-owned and private land. Because of the still formative stage of 
the addition and language contained within the Act, regulations 
relating to off-road conveyances fall outside the scope of these 
special regulation changes, and will be deferred until a later date.

Summary of Comments

    The National Park Service has carefully considered all comments 
received and in some cases, adopted suggestions made. In addition, a 
critical review of the content and format of the proposed regulations 
was done; they were edited and reorganized as a result, but significant 
changes in substance did not occur.
    Those comments and reasons for accepting or rejecting them, and the 
changes are included below.
    The Service received one comment regarding the change in the 
definition, under Sec. 7.45(c)(6), ``guide fisherman.'' The respondent 
was concerned because of the deletion of ``interpretation of natural 
resources;'' his main activity was interpretive trips as opposed to 
fishing services. The proposed definition will stand, as the guide 
fisherman permit system is designed to regulate fishing activity at 
Everglades National Park. Commercial interpretive services, i.e., 
tours, will be regulated through the concessions management program.
    Kawasaki Motors Corporation, U.S.A. commented on the definition of 
``personal watercraft,'' objecting to the phrase ``thrill craft.'' The 
Service agrees, and the definition has been rewritten. Definitions used 
by the personal watercraft industry and the States of Texas and Florida 
were incorporated. Industry trade names, which are used colloquially to 
describe personal watercraft, were added to give focus to the 
definition.
    One comment was received regarding the definition of ``ornamental 
tropical fish'' (Sec. 7.45(d)(10)), pointing out the limitations of the 
definition. The definition and reference were eliminated. It was meant 
to separate sport fishing from the action of collection of tropical 
fish, a much different activity, but failed to include a comprehensive 
listing of all tropical species in Everglades National Park. The phrase 
``and live in close relationship with coral communities'' did not 
reflect habitat in Everglades National Park, where tropical fish live 
in association with seagrass, mangroves and sponges. The revision of 
fishing restrictions, Sec. 7.45(d) (1) and (2), eliminates the need to 
define and control the taking of tropical fish in this special 
regulation.
    Three comments were received from guide fishermen on proposed 
Sec. 7.45(e)(12)(iii) during the comment period; one opposed and two 
favored the change. The new regulation would have restricted the number 
of fish aboard guide boats to the bag limit per person multiplied by 
the number of customers on board, meaning each fish caught by a fish 
guide would reduce the bag limit for his clients by one fish. One 
newspaper article was written about the proposed change. Four other 
verbal comments, two in favor and two against, were received outside 
the comment period. One respondent wrote that fish guides who did 
business from inside the park did not have the same opportunity as 
guides who were based outside the boundary to catch fish for personal 
consumption. The written and verbal comments in favor were simply 
expressions of support for the rule. The newspaper article cited 
vulnerability of sea trout as habitat shrank and the need to protect 
population numbers as a reason for the restriction of bag limits on 
guide fishing boats. The final rule has been changed to include bag 
limits under Sec. 7.45(d) (1) and (2) which apply to guide fishermen. 
These limits will be reviewed and changed annually as needed. Section 
7.45(e)(12)(iii), is therefore, eliminated from the final rule.
    In 1989, the public became aware the NPS was considering opening 
the crocodile sanctuary. Everglades received written comments from 11/
89 through 1/90 that supported returning to conditions before the 1980 
closure, i.e., closure of the sanctuary only during the crocodile 
nesting season. Fifteen people wrote to comment in favor of opening the 
sanctuary. Four people specifically mentioned closing the area during 
nesting season. Three of the four commented that ``recent studies'' had 
shown no reason to maintain a complete closure.
    Ten of the fifteen writers asked the area be opened for fishing and 
sightseeing. Reasons given for opening the area were as follows: eight 
people wanted it opened so they could use the area, one person asked it 
be opened, giving no reason; and one person asked it be opened because 
it was more convenient than other areas he fished.
    In addition to letters, there were two petitions signed by a total 
of 194 people. The petitions asked ``to see the closed creeks and lakes 
of Northeast Florida Bay opened for fishing and sightseeing, as they 
once were.''
    ``A Draft Assessment of Recreational Boating and its Potential 
Impact on Resources Within the Crocodile Sanctuary of Everglades 
National Park'' was released for public comment in 1992 and generated 
extensive written comments. Twenty-five private individuals and ten 
representatives from State and Federal Agencies and academic 
institutions sent comments. A list of those agencies and institutions 
who commented are listed below:

National Park Service
National Oceanographic and Atmospheric Administration (NOAA)
U.S. Fish and Wildlife Service (FWS)
Florida Freshwater Fish and Game Commission
Florida Department of Natural Resources
Cooperative Fish and Wildlife Research Unit, University of Florida
Department of Biological Sciences, Public University at Miami
Department of Natural Resources, Dade County, Florida

    Sixteen private individuals mentioned only the Taylor River area 
asking it be opened to the public. Eleven of them gave the remoteness 
of the area as a reason for opening it, ten saying the fishing pressure 
there would be ``minimal.'' The remaining five asked to be able to fish 
there.
    The remaining nine letters asked to open the sanctuary area. Five 
of the nine commented the area had been closed too long, one asked the 
area be opened on a one-year trial basis, one felt the crocodile was no 
longer endangered, one said Everglades National Park should be opened 
to fishing instead of closed as it is now, and one asked merely for the 
seasonal opening plan.
    Comment from public agencies fell into three basic categories. The 
FWS and NOAA supported the assessment as it was written. The Florida 
Freshwater Fish and Game Commission supported the plan, with the 
following modifications: (1) Increase the length of the seasonal 
closure by two weeks, beginning in February instead of March; (2) 
Correct a comment relating to crocodile habituation to human presence; 
(3) List prohibited recreational activities in the sanctuary areas; (4) 
Restrict use of the areas to daylight only; (5) Expand monitoring 
before and after open periods.
    The remaining agencies took the position that the assessment did 
not include sufficient scientific information to justify opening the 
sanctuary area. The Florida DNR was concerned about the effect of the 
opening on manatees; they asked for a delay in implementation until a 
manatee protection plan was completed. The two universities expressed 
the feeling that protection of the sanctuary was critical to recovery 
of the species; they voiced concern that opening the area would have 
unacceptable impact on the crocodile recovery. The remaining agency 
comments recommended more detailed study before opening the area was 
considered. The lack of research in relation to the impact of human 
intrusion on crocodile reproduction was cited in two of the responses. 
Seven of the comments asked for a more conservative approach with 
respect to opening the sanctuary area.
    Two written comments were received regarding the proposal to 
substitute existing Sec. 7.45(g), relating to the specific closure of 
the area known as the ``crocodile sanctuary,'' with a broader authority 
in proposed Sec. 7.45(e)(1), which would allow for the opening or 
closing of areas in the park as needed. One was from an NPS employee 
and one from a local organized fishing guide association. One NPS 
employee questioned the need to place any closure statute in Sec. 7.45, 
as he felt it was adequately covered by 1.5. The fish guide association 
made a general statement about the need to close certain critical 
areas, and asked for the opportunity to express their feelings about 
any proposed closures. The writer also commented that the proposed 
special regulations were ``important steps in a continued march toward 
conservation and preservation of Park resources and improved fisheries 
management.''
    The closed areas for ``saltwater fisheries'' will remain closed 
under the authority found at 36 CFR 1.5, for the following reasons:
    1. Flexibility: The closure will be reviewed on an annual basis, in 
order to be more responsive to technical information from the 
scientific community. Although the same scientific criteria must be met 
whether the closure is authorized under 36 CFR 1.5 or 36 CFR 7.45, it 
will be easier to manage small individual closure areas without 
affecting the status of the entire closure. Any areas that are opened 
will be subject to full compliance scrutiny by FWS as well as the 
research center at Everglades National Park. For example, with proper 
research and documentation, one section of the area may be opened to 
public access, while another area discovered critical to crocodile 
survival may be closed.
    2. Changing conditions: The present sanctuary area is a fixed 
physical area, which may not always contain the critical reproductive 
areas of the crocodile population. Under Sec. 1.5, it will be easier to 
adjust the closed areas as the focus of the high success population 
changed.
    3. Uniformity: Protection of any endangered species, while 
dependent on the unique characteristics of the individual species, is 
managed under uniform resources management policies and principles. The 
NPS goal is to provide the maximum level of protection for all species 
within Everglades National park; one of those species is the American 
crocodile. Any other future area closures for benefit of the crocodile 
should be perceived as equally important to the recovery of the 
species, and as having received the same high level of consideration as 
those presently closed. The term ``sanctuary'' implies a high level of 
protection; anything that is closed but not called a sanctuary may be 
thought to have less priority or importance with respect to protection 
efforts.
    One comment was received asking if Sec. 7.45(e)(7) allowed boats up 
to, but including 6 horsepower. The rule reads that boats with motors 
up to and including 6 horsepower are allowed under the specified 
conditions.
    One comment was received from Kawasaki Motors Corporation, U.S. 
regarding proposed prohibition of personal watercraft in Everglades 
National Park. The company's position: Exclusion of personal watercraft 
from the park is discriminatory and ``arbitrary, capricious, and 
without basis in fact.'' They put forth three main arguments:
    (1) U.S. Coast Guard regulations classify personal watercraft as 
Class A motorboats, along with all other motorized vessels fitting the 
criteria, the NPS adopts Coast Guard regulations, which must be 
complementary to and not in derogation of U.S. Guard regulations, 
therefore NPS regulation (exclusion) of personal watercraft apart from 
other Class A motorboats is not legal;
    (2) ``Although reasons exist for excluding all motorized vessels 
from areas of emergency vegetation and areas frequented by feeding 
birds, no such justification has been or could be provided for 
prohibiting personal watercraft in areas where other Class A motorboats 
are permitted;''
    (3) There have been no studies that specifically deal with the 
impact of personal watercraft on natural areas, as differentiated from 
other motorized vessels.
    Section 1a-2(h) of 16 United States Code gives the NPS authority to 
regulate boating activity within areas of the National Park System, 
``including areas subject to the jurisdiction of the United States.'' 
It goes on the say, however, ``That any regulations adopted * * * shall 
be complementary to and not in derogation of the authority of the U.S. 
Coast Guard to regulate the use of waters subject to the jurisdiction 
of the United States.''
    Interpretation of that section is included under the Legislative 
History (Pub.L. 95-458) House Report No. 94-1569, September 16, 1976, 
pages 4290 through 4311. The background section of the history says 
``Secretary (of the interior) is specifically authorized to promulgate 
and enforce regulations concerning boating * * *'' It is further 
interpreted by the Department of the Interior, Office of the Secretary, 
pg. 4299, to mean ``such regulations would be promulgated for the 
purposes of * * * protecting the natural, wildlife, cultural and 
historical resources.''
    The U.S. Coast Guard, while objecting to the exact wording of the 
statute, agreed with the principle: ``This Department (Transportation) 
has no objection to the Secretary of the Interior promulgating 
regulations relating to operational matters on waters within areas of 
the National Park System.'' The Department of Transportation went on to 
say that it was concerned about conflicting regulations in certain 
areas. To clarify that position, they suggested the following text, 
based on their interpretation of the U.S. Coast Guard mission: 
``Promulgate and enforce regulations concerning boating operations and 
other activities on or relating to waters located within areas of the 
National Park System * * * Provided that any regulations concerning (1) 
boat design, safety and numbering, (2) vessel documentation and 
inspection, and (3) Rules for the Prevention of Collisions shall be 
promulgated under this subsection (read 16 USC 1-2a(h)) only with the 
concurrence of the Secretary (of Transportation) * * *'' The exclusion 
of a type of vessel or activity, then, does not fall under an area for 
which the U.S. Coast Guard reserves judgement, but for which the 
Department of Interior says is necessary for `` * * * protecting the 
natural, wildlife * * * resources.'' The argument of legality is not 
applicable in this case.
    The 1934 Act of Congress that created Everglades National Park 
directs: ``The said area or areas shall be permanently preserved as 
wilderness, and no development of the project (park) or plan for the 
entertainment of the visitors shall be undertaken which will interfere 
with the preservation intact of the unique flora and fauna and the 
essential primitive natural conditions now prevailing in this area.'' 
(16 U.S.C. 410c.) The park's significance is reinforced by designation 
from the United Nations Education, Scientific and Cultural Organization 
(UNESCO) as an International Biosphere Reserve. Further, it possesses 
such ``outstanding universal value as part of the world's natural 
heritage'' that it carries the status of a World Heritage Site. Under 
the World Heritage Convention, the United States Government has treaty 
obligations to take necessary actions to protect the park. In December, 
1993, the Convention added Everglades National Park to its list of 
endangered areas.
    The NPS publication ``Management Policies'' (1988) states: ``All 
proposals for parks uses will be evaluated in terms of their 
consistency with all applicable legislation * * * as well as their 
actual and potential effects on park values, purposes and resources'' 
(Chapter 8:1). A NPS study titled ``A Review of Personal Watercraft and 
their Potential Impact on the Natural Resources of Everglades National 
Park'' found potential negative impact on the park by personal 
watercraft.
    In addition, the management plan for the Great White Heron and Key 
Deer National Wildlife Refuges contains information based on five 
years' observation of personal watercraft activity in those areas by a 
Fish and Wildlife Service biologist. He observed differences in the 
behavior and use of personal watercraft, as opposed to other 
motorboats: They tended to travel in groups of 2-5 vessels, and 
occasionally 15 or more; they travel at high speed, make repeated 
circuits in a concentrated area; and make repeated circles, in shallow 
water, around small islands. In one case, a personal watercraft ran 
circuits near an osprey nest for one hour, chasing the bird away from 
its nest and eggs 11 times.
    ``Management Policies'' further states: ``The National Park Service 
will encourage recreational activities * * * that are also consistent 
with the protection of the resources, and that are compatible with 
other visitor uses'' (Chapter 8:2). It goes on to say: ``* * * because 
of differences in individual park enabling legislation and resources 
and differences in the missions of the National Park Service and other 
federal agencies, an activity that is entirely appropriate when 
conducted in one location may be inappropriate if conducted in 
another'' (Chapter 8:2-3). That is, the use of a personal watercraft in 
a recreation area that, as one of its primary missions, provides a 
water environment to support a wide variety of water oriented 
recreational activity, may be appropriate under its enabling 
legislation and management policies. Conversely, Everglades National 
Park, with its mission to conserve a distinctive natural ecosystem, has 
a different focus. Appropriate recreation and visitor use must be 
consistent with the purpose for which the park exists. For example, 
most keys in the Florida Bay area of the park are closed to public 
entry, for the protection of animal and plant life. Visitor enjoyment 
of personal watercraft is dependent on the presence or absence of 
suitable water resources, which may be found in a great variety of 
locations. The realization of the Service's goal to provide for 
recreational use of a natural area balanced against the preservation of 
the combination of tangible and intangible features that constitute 
Everglades National Park is best served with the exclusion of personal 
watercraft.

Modification of the Proposed Regulations

    The definition of ``commercial fishing,'' proposed Sec. 7.45(d)(3) 
and renumbered Sec. 7.45(c)(3), is revised to include freshwater 
species, because the park contains a significant freshwater aquatic 
resource used by visitors.
    The definition of ``hovercraft,'' Sec. 7.45(d)(6) is eliminated, as 
36 CFR 1.4 includes a definition of hovercraft under ``aircraft.''
    The definitions for ``mullet,'' ``shrimp'' and ``spiny lobster'' 
are eliminated from proposed Sec. 7.45(d) (Definitions), and will be 
covered under 36 CFR 1.5 as set forth in Sec. 7.45(d)(2) (Fishing).
    Proposed Sec. 7.45(e) was renumbered Sec. 7.45(d) (Fishing) and 
rewritten to allow, as in most State fisheries management systems, 
annual review of fishing restrictions. The change more clearly realizes 
the intent and effect of the proposed rule, which is to permit the park 
to closely conform to State law. This includes yearly changes, as much 
as possible, but also reflects current NPS natural resources management 
mandates, which may require some fishing restrictions to be stricter 
than state law, in order to address specific threats to the Everglades 
National Park biological system. The change eliminates proposed 
Sec. 7.45(e)(12) (Fishing), because the finalized regulation found at 
Sec. 7.45(d) (Fishing) includes bag limits.
    Section 2.3(d)(4) prohibits commercial fishing unless authorized by 
statute. With the adoption of this final rule, all regulations relating 
to commercial fishing within Everglades National Park are eliminated. 
Therefore, commercial fishing references have been eliminated because 
they are unnecessary.
    Proposed Sec. 7.45(e)(6) (Fishing) and Sec. 7.45(e)(9) (Fishing) 
are eliminated, as Sec. 7.45(d)(2) (Fishing) addresses bag limits and 
species that may be taken. At present, the State of Florida, for health 
reasons, has closed most of the waters of the park to the taking of 
oysters. The Superintendent used discretionary authority found at 1.5 
for a closure to oyster fishing until the state classifies park waters 
or parts thereof as ``approved'' for oysters. Without the modification, 
it may appear Sec. 7.45 allows taking oysters, while discretionary 
authority invoked under 1.5 prohibits it. As changed, the final rule 
may allow the taking of oysters at a future time, subject to current 
restrictions. It also allows for changing the status of finfish, shrimp 
and bait species when the need for protection changes.
    Proposed Sec. 7.45(e)(13) (Fishing) is renumbered as 
Sec. 7.45(d)(8) (Fishing) and revised by deleting the sentences ``All 
fish which do not meet size or species * * *'' and ``The intentional 
disturbing * * *'' These sentences merely duplicate the intent of 
2.3(d)(7). Proposed Sec. 7.45(e)(14) (Fishing), renumbered as 
Sec. 7.45(d)(7) (Fishing) is revised for clarity, and to allow for the 
possibility that other fish cleaning facilities may be developed within 
the park.
    Proposed Sec. 7.45(e)(15) (Fishing) has been edited and renumbered 
as Sec. 7.45(d)(8) (Fishing).
    Proposed Sec. 7.45(f)(4) (Boating) is amended as Sec. 7.45(e)(5) 
(Boating) to identify the Act of Congress, Pub. L. 95-625, as the 
authority for the creation of the wilderness area cited. When written 
in the proposed rule, it appeared that Sec. 7.45 itself was 
establishing the named areas as wilderness, as evidenced by the phrase 
``the following coastal areas are designated wilderness.''
    Proposed Sec. 7.45(f)(6) (Boating) is edited and renumbered as 
Sec. 7.45(e)(7) (Boating).
    Proposed Sec. 7.45(f)(7) (Boating) is edited and renumbered as 
Sec. 7.45(e)(2) (Boating).
    Proposed Sec. 7.45(f)(8) (Boating) is eliminated as redundant.
    Proposed Sec. 7.45(f)(10) (Boating), prohibition of hovercraft, is 
deleted in the final rule, because 36 CFR 2.18(e) already addresses 
that issue.
    New Sec. 7.45(f) (Violations) is added as a general statement that 
covers all provisions of Sec. 7.45, consolidating a number of ``* * * 
is prohibited'' statements.

Drafting Information

    The following persons participate in the writing of the final rule: 
Mark Lewis, Gulf Island National Seashore (formerly of Everglades 
National Park), and Larry Belli, Elaine Hall, Reed Detring and Philip 
A. Selleck, Everglades National Park.

Paperwork Reduction Act

    The information collection requirements contained in the rule have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance #1024-0026.

Compliance with Other Laws

    This rule was not subject to office of Management and Budget review 
under Executive Order 12866. The Service has determined that this rule 
will not have a significant economic effect on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). This conclusion is based on the fact that the deletion of 
obsolete and duplicate regulations will have no economic effect. The 
fishing regulation changes would be minimal, with no negative impact on 
fishing related industries adjacent to Everglades National Park. Lower 
bag limits will improve the available stock in park waters, and 
consistency with State rules will avoid confusion among visitor fishing 
in park waters.
    The Service has determined that this rulemaking will not have a 
significant effect on the quality of the human environment, health and 
safety. In accordance with the procedural requirements of the National 
Environment Policy Act (NEPA) and the Departmental regulations 516 DM 
6, a categorical exclusion has been granted.
    This rulemaking does affect public access to habitat of the 
American crocodile, an endangered species. Pursuant to Section 7 
requirements of the Endangered Species Act, the National Park Service 
has consulted with the U.S. Fish and Wildlife Service regarding the 
proposed changes in the crocodile sanctuary. The U.S. Fish and Wildlife 
Service has concurred with these proposals.

List of Subjects in 36 CFR Part 7

    National parks; Reporting and record-keeping requirements.

    For the reasons set out in the preamble, Title 36, Chapter I, 7.45 
of the Code of Federal Regulations is revised to read as follows:

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

    1. The authority citation for Part 7 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a 462(k).

    2. Section 7.45 is revised as follows:


Sec. 7.45  Everglades National Park.

    (a) Information collection. The information collection requirements 
contained in this section have been approved by the Office of 
Management and Budget under 44 U.S.C. 3501 et.seq., and assigned 
clearance number 1024-0026. This information is being collected to 
solicit information necessary for the Superintendent to issue permits 
used to grant administrative benefits. The obligation to respond is 
required in order to obtain a benefit.
    (b) Prohibited conveyances. Only hand-propelled vessels may be 
operated upon those areas of emergency vegetation commonly called 
marshes, wetlands, or ``the glades.'' Operation of a motorized vessel 
in such areas is prohibited.
    (c) Definitions. The following definitions shall apply to this 
section:
    (1) Ballyhoo means a member of the genus Hemiramphus (family: 
Exocoetidae).
    (2) Cast net means a type of circular falling net, weighted on its 
periphery, which is thrown and retrieved by hand.
    (3) Commercial fishing means the activity of taking or harvesting, 
or attempting to take or harvest any edible or non-edible form of fresh 
or salt water aquatic life for the purpose of sale or barter.
    (4) Dipnet means a hand-held device for obtaining bait, the netting 
of which is fastened in a frame.
    (5) Guide fishing means the activity, of a person, partnership, 
firm, corporation, or other commercial entity to provide fishing 
services, for hire, to visitors of the park.
    (6) Minnow means a fish used for bait from the family 
Cyprinodointidae, Poeciliidae, or Atherinidae.
    (7) Mojarra or ``goats'' means a member of the family Gerreidae.
    (8) Oyster means a mollusk of the suborder Ostraeaccea.
    (9) Personal watercraft means a vessel powered by an outboard 
motor, water-jet or an enclosed propeller or impeller system, where 
persons ride standing, sitting or kneeling primarily on or behind the 
vessel, as opposed to standing or sitting inside; these craft are 
sometimes referred to by, but not limited to, such terms as ``wave 
runner,'' ``jet ski,'' ``wet bike,'' or ``Sea-doo.''
    (10) Pilchard means a member of the herring family (Clupeidae), 
generally used for bait.
    (11) Pinfish means a member of the genus Lagodon (family: 
Spiradae).
    (d) Fishing. (1) Fishing restrictions, based on management 
objectives described in the park's Resources Management Plan, are 
established annually by the Superintendent.
    (2) The Superintendent may impose closures and establish conditions 
or restrictions, in accordance with procedures found at 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, and size, creel 
and possession limits.
    (3) The following waters are closed to fishing:
    (i) All waters of T. 58 S., R. 37 E., sections 10 through 15, 
inclusive, measured from Tallahassee meridian and base, in the vicinity 
of Royal Palm Visitor Center, except Hole in the Donut or Hidden Lake, 
and Pine Island Lake.
    (ii) All waters in T.54 S., R. 36 E., sections 19, 30, and 31, and 
in T. 55 S., R. 36 E., sections 6, 7, 18, 19, and 30, measured from 
Tallahassee meridian and base, in the vicinity of Shark Valley Loop 
Road from Tamiami Trail south.
    (4) A person engaged in guide fishing must possess a guide fishing 
permit issued by the Superintendent and administered under the terms of 
Sec. 1.6 of this chapter. Guide fishing without a valid permit is 
prohibited.
    (5) Except for taking finfish, shrimp, bait, crabs, and oysters, as 
provided in this section or as modified under 36 CFR 1.5, the taking, 
possession, or disturbance of any fresh or saltwater aquatic life is 
prohibited.
    (6) Methods of taking. Except as provided in this section, only a 
closely attended hook and line may be used for fishing activities 
within the park.
    (i) Crabbing for stone or blue crabs may be conducted using 
attended gear only and no more than five (5) traps per person. Persons 
using traps must remain within one hundred (100) feet of those traps. 
Unattended gear or use of more than five (5) traps per person is 
prohibited.
    (ii) Shrimp, mullet, and bait fish (minnows, pilchards, pinfish, 
mojarras, ballyhoo or bait mullet (less than eight (8) inches in total 
length) may be taken with hook and line, dipnet (not exceeding 3 feet 
at its widest point) or cast net, for use as bait or personal 
consumption.
    (iii) A dipnet or cast net may not be dragged, trawled, or held 
suspended in the water.
    (7) Tagging, marking, fin clipping, mutilation or other disturbance 
to a caught fish, prior to release is prohibited without written 
authorization from the Superintendent.
    (8) Fish may not be fileted while in the park, except that:
    (i) Up to four (4) filets per person may be produced for immediate 
cooking and consumption at designated campsites or on board vessels 
equipped with cooking facilities.
    (ii) Fish may be fileted while at the designated park fish cleaning 
facilities, before transportation to their final destination.
    (9) Nets and gear that are legal to use in State waters, and fish 
and other edible or non-edible sea life that are legally acquired in 
State waters but are illegal to possess in the waters of Everglades 
National Park may be transported through the park only over Indian Key 
Pass, Sand Fly Pass, Rabbit Key Pass, Chokoloskee Pass and across 
Chokoloskee Bay, along the most direct route to or from Everglades 
City, Chokoloskee Island or Fakahatchee Bay.
    (i) Boats traveling through these passages with such nets, gear, 
fish, or other edible products of the sea must remain in transit unless 
disabled or weather and sea conditions combine to make safe passage 
impossible, at which time the boats may be anchored to await assistance 
or better conditions.
    (e) Boating. (1) The Superintendent may close an area to all 
motorized vessels, or vessels with motors greater than a specified 
horsepower, or impose other restrictions as necessary, in accordance 
with Secs. 1.5 and 1.7 of this chapter.
    (2) For purposes of this section, a vessel in which the motor(s) is 
(are) removed from the gunnels or transom and stored to be inoperable, 
is considered to be not motorized.
    (3) The following areas are closed to all vessels:
    (i) T. 54 S., R. 36 E., sections 19, 30, 31; T. 55 S., R. 36 E., 
sections 6, 7, 18, 19, and 30, bordering the Shark Valley Loop Road 
from the Tamiami Trail south.
    (ii) Eco Pond, Mrazek Pond, Royal Palm Ponds except for Hidden 
Lake, Parachute Key ponds north of the Main Park Road, and Lake 
Chekika.
    (4) The following inland fresh water areas are closed to the use of 
motorized vessels: Coot Bay Pond, Nine Mile Pond, Paurotis Pond, 
Sweetbay Pond, Big Ficus Pond, Sisal Pond, Pine Glade Lake, Long Pine 
Key Lake, Tower Lake, Hidden Lake, Pine Island, and L-67 canal.
    (5) The following coastal waters, designated by statute as 
wilderness (Pub. L. 95-625), are closed to the use of motorized 
vessels: Mud, Bear, East Fox, Middle Fox, Little Fox, and Gator Lakes; 
Homestead Canal; all associated small lakes on Cape Sable inland from 
Lake Ingraham; Cuthbert, Henry, Little Henry, Seven Palm, Middle, 
Monroe, Long, and the Lungs Lakes; Alligator Creek from the shoreline 
of Garfield Bight to West Lake; all inland creeks and lakes north of 
Long Sound, Joe Bay, and Little Madeira Bay except those ponds and 
lakes associated with Taylor River.
    (6) Except to effect a rescue, or unless otherwise officially 
authorized, no person shall land on keys of Florida Bay except those 
marked by signs denoting the area open, or on the mainland shorelines 
from Terrapin Point eastward to U.S. Highway 1, including the shores of 
all inland bays and waters and those shorelines contiguous with Long 
Sound, Little Blackwater Sound, and Blackwater Sound.
    (7) West Lake Pond and West Lake shall be closed to all vessels 
when they are being used by feeding birds. At all other times, these 
areas shall be open only to hand-propelled vessels or Class A 
motorboats powered by motors not to exceed 6 horsepower.
    (8) Launching, and or operating a personal watercraft is prohibited 
in the park.
    (9) Vessels used as living quarters shall not remain in or be 
operated in the waters of the Park for more than 14 days without a 
permit issued by the Superintendent. Said permit will prescribe 
anchorage location, length of stay, sanitary requirements and such 
other conditions as considered necessary.
    (f) Violation of any of the provisions of Sec. 7.45 is prohibited.

    Dated: September 8, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-28071 Filed 11-14-94; 8:45 am]
BILLING CODE 4310-70-P