[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Proposed Rules]
[Pages 29523-29532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13616]



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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: Proposed rule.

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SUMMARY: The National Park Service (NPS) has reevaluated the current 
vessel regulations for Glacier Bay National Park and Preserve and is 
proposing to revise the regulations, including vessel quotas, that were 
established to protect the endangered humpback whale and other 
resources Glacier Bay National Park and Preserve manages. These 
regulations are being proposed after an [[Page 29524]] Endangered 
Species Act, Section 7, consultation with the National Marine Fisheries 
Service (NMFS), and are consistent with the 1993 Biological Opinion 
issued by that agency. The regulations are drafted to track the 
proposed action (Alternative Five) from the six-alternative Vessel 
Management Plan and Environmental Assessment prepared by the NPS. The 
proposed regulations contemplate an increase in cruise ship use, to be 
offset by specific mitigation measures. The regulations would authorize 
a 72 percent seasonal increase in cruise ship traffic during the months 
of June, July, and August. However, there would be no increase in the 
maximum number of cruise ships permitted to use the bay on any given 
day (two). Rather, the increased traffic will be absorbed, for the most 
part, by authorizing more cruise ship entries in early and late summer. 
The NPS also solicits comment on the possibility of modest increases in 
seasonal use by charter and private vessels. The proposed regulations 
would also extend and codify park compendium vessel regulations that 
were developed, under the authority of the existing regulations, for 
the protection of humpback whales, Steller sea lions, and other 
wildlife and resource values within the park. Additional measures are 
also proposed to mitigate natural resource impacts associated with the 
proposed increase in vessel traffic. Finally, to provide park visitors 
a range of recreational opportunities and to maintain opportunities for 
the safe use of kayaks, the proposed regulations would close the upper 
Muir Inlet to motor vessels on a seasonal basis.

DATES: Written comments, suggestions, or objections will be accepted 
until August 4, 1995. Hearing dates and locations are listed under 
Supplementary Information, below.

ADDRESSES: Comments should be addressed to: Superintendent, Proposed 
Regulations Comment, Glacier Bay National Park and Preserve, P.O. Box 
140, Gustavus, Alaska 99826.

FOR FURTHER INFORMATION CONTACT:
J.M. Brady, Superintendent, Glacier Bay National Park and Preserve, 
P.O. Box 140, Gustavus, Alaska 99826, Telephone: (907) 697-2230.

SUPPLEMENTARY INFORMATION:

Public Hearings

    Open houses and hearings are scheduled for the following dates and 
locations:

June 19--Gustavus, School Gym, Open House (6:30 to 8 p.m.) & Hearing (8 
p.m.)
June 20--Juneau, Centennial Hall, Open house (2 to 4 p.m.) & Hearing (8 
p.m.)
June 21--Hoonah, Open house (6:30 to 8 p.m.) & Hearing (8 p.m.)
June 22--Elfin Cove, Community Bld., Open House (6:30 to 8 p.m.) & 
Hearing (8 p.m.)
June 23--Pelican, Community Hall, Open House (6:30 to 8 p.m.) & Hearing 
(8 p.m.)
July 11--Anchorage, NPS Regional Office, 2525 Gambell St., Hearing (7 
p.m.)

Background

    Glacier Bay National Monument was established by presidential 
proclamation dated February 26, 1925 (43 Stat. 1988). The monument was 
established to protect the dynamically changing glacial environment of 
mountains, tidewater glaciers, associated movements and development of 
flora and fauna, and to promote the scientific study of such. The early 
monument included marine waters within Glacier Bay north of a line 
running approximately from Geikie Inlet on the west side of the bay to 
the northern extent of the Beardslee Islands on the east side of the 
bay. The monument was expanded by a second presidential proclamation on 
April 18, 1939. 53 Stat. 2534. The expanded monument included 
additional lands and the marine waters of all of Glacier Bay; portions 
of Cross Sound, North Inian Pass, North Passage, Icy Passage, and 
Excursion Inlet; and Pacific coastal waters to a distance of three 
miles seaward between Cape Spencer in the south and Sea Otter Creek, 
north of Cape Fairweather. The inclusion of marine waters within the 
boundaries of the monument and present-day park presents unique 
opportunities for the study and preservation of marine flora and fauna 
in an unimpaired state.
    Glacier Bay National Monument was redesignated as Glacier Bay 
National Park in 1980 by the Alaska National Interest Lands 
Conservation Act (ANILCA). The new park included all lands and waters 
of the previously existing monument, plus additional land areas. 94 
Stat. 2382. The legislative history of ANILCA provides that certain NPS 
units in Alaska including Glacier Bay National Park ``* * * are 
intended to be large sanctuaries where fish and wildlife may roam 
freely, developing their social structures and evolving over long 
periods of time as nearly as possible without the changes that 
extensive human activities would cause.'' Sen. Rep. No. 96-413, 96th 
Cong., 1st Sess. 137 (1979); and, Cong. Rec. H 10532 (Nov. 12, 1980).
    The original monument proclamations and the NPS Organic Act and its 
amendments governed the management of the former Glacier Bay National 
Monument and govern the present Glacier Bay National Park and Preserve. 
The NPS Organic Act of 1916 directs the Secretary of the Interior and 
the NPS to manage national parks and monuments to ``conserve the 
scenery and the natural and historic objects and the wild life therein 
and to provide for the enjoyment of same in such manner and by such 
means as will leave them unimpaired for the enjoyment of future 
generations.'' 16 U.S.C. Sec. 1. In addition, the Redwood National Park 
Act of 1978 states: ``The authorization of activities shall be 
construed and the protection, management and administration of [NPS 
areas] shall be conducted in light of the high public value and 
integrity of the National Park System and shall not be exercised in 
derogation of the values and purposes for which these various areas 
have been established, except as may have been or shall be directly and 
specifically provided by Congress.'' 92 Stat. 166, 16 U.S.C. Sec. 1a-1. 
The NPS Organic Act also grants the Secretary of the Interior the 
authority to implement ``rules and regulations as he may deem necessary 
or proper for the use and management of the parks, monuments and 
reservations under the jurisdiction of the National Park Service.'' 16 
U.S.C. 3. In addition to general regulatory authority, the NPS has been 
delegated specific authority to ``[p]romulgate and enforce regulations 
concerning boating and other activities on or relating to waters 
located within areas of the National Park System, including waters 
subject to the jurisdiction of the United States * * *.'' 16 U.S.C. 
Sec. 1a-2(h).

Vessel Management

    The NPS first published vessel traffic regulations for Glacier Bay, 
a marine body of water in Glacier Bay National Park, in 1980. Those 
regulations, that were published in two parts, were promulgated in 
response to a NMFS Biological Opinion issued pursuant to Section 7 of 
the Endangered Species Act. The NPS requested a formal consultation 
with NMFS in 1979, when for the second consecutive year, the number of 
endangered humpback whales that used the bay for summer feeding 
remained significantly below historical levels. NMFS concluded that the 
increase in vessel traffic, especially erratically traveling craft, may 
have altered the humpback's behavior and that restriction and 
regulation of vessel traffic were necessary to protect the humpback 
whales. [[Page 29525]] 
    One portion of the ensuing regulations limited the number of cruise 
ships that entered Glacier Bay to two per day and not more than a total 
of 89 cruise ship entries during the months when whales feed in the bay 
(June 1 through August 31). The regulations also imposed speed and 
routing restrictions on all motor vessels and restricted vessels from 
remaining closer than one-quarter nautical mile from a whale, or 
otherwise pursuing or attempting to pursue a whale. 45 FR 32228 (May 
15, 1980).
    The second portion of regulations limited small vessel entries into 
Glacier Bay to 1976 levels for charter vessels and allocated 339 
entries for private vessels from June 1 through August 31. 45 FR 32234 
(May 15, 1980); 45 FR 85471 (December 30, 1980); and 46 FR 50370 
(October 13, 1981).
    The NPS intended the two sets of regulations to be temporary, until 
more conclusive research could be completed and NMFS could again be 
consulted. Pending completion of this process, the NPS extended the 
regulations until August 31, 1983. 48 FR 21947 (May 16, 1983).
    On June 22, 1983, NMFS issued its second Biological Opinion. The 
NMFS reported that while the amount of vessel use that would have the 
effect of total whale displacement from Glacier Bay could not be 
defined or predicted, the operational and vessel number restrictions 
imposed by the NPS were sufficient so that some increase in the amount 
of vessel use could occur without jeopardizing the continued existence 
of the southeast Alaska humpback whale stock. However, NMFS directed 
that no additional vessel traffic should be allowed unless the number 
of individual whales that enter Glacier Bay remained equal to or 
greater than the 1982 level of 22 whales--and that any increase of 
vessel traffic be implemented in a conservative manner and 
appropriately monitored. The NMFS suggested that no more than a 20 
percent increase in the three vessel categories at that time (large, 
small and charter vessels) would be prudent and that a minimum of two 
years should be allowed for monitoring and evaluating the effects of 
such an increase before proposing additional increases. Lastly, NMFS 
cautioned the NPS that it was unable to determine the amount of 
additional vessel traffic in Glacier Bay to which the whales could 
adjust.
    On April 18, 1984, based on the 1983 NMFS opinion, the NPS 
published proposed rules for the protection of humpback whales in 
Glacier Bay (49 FR 15482); final rules were published on May 10, 1985 
(50 FR 19880). These regulations continued the permit requirement and 
seasonal vessel limits for entry into Glacier Bay and continued the 
speed and routing restrictions on motor vessels, as well as the 
restrictions on remaining close to, or otherwise pursuing or attempting 
to pursue a whale. The terms ``entry'' and ``vessel use-day'' were 
defined and applied to prevent vessel accumulation and overcrowding. 
Earlier vessel categories were dropped in favor of the current 
categories: cruise ship, tour vessel, charter vessel, and private 
vessel. Vessel entry limits were retained for cruise ships and private 
vessels; charter vessels and the newly defined tour boat class were 
assigned seasonal quotas. Drawing on the NMFS 1983 Biological Opinion, 
the regulations provided authority for the superintendent to permit an 
increase in vessel traffic up to 20 percent above the 1976 base 
figures. The amount of whale research then underway and anticipated in 
the future was published with the proposed and final rules.
    In 1985, the NPS authorized a 15 percent increase in cruise ship 
traffic and a 20 percent increase in charter vessel and private vessel 
entries. An additional 5 percent increase in cruise ship traffic was 
authorized in 1988.
    In 1991, the NMFS published the Final Recovery Plan for the 
Humpback Whale. The interim goal of the plan is to double the extant 
population of humpback whales within the next 20 years by ``* * * 
optimiz[ing] natural fecundity by providing natural feeding 
opportunities, and reducing death and injury by human activities.'' 
Objectives in the plan include: (1) improvement of current and 
historical habitat by reducing human-produced underwater noise when 
whales are present, (2) prevention of collisions between whales and 
ships, and (3) the continued monitoring of humpback whale populations.

The 1995 Vessel Management Plan

    In response to requests from the cruise ship industry and other 
tourism groups for greater access to Glacier Bay--which is a major 
tourist destination--the NPS undertook a review of the vessel quotas 
for Glacier Bay that were established in 1985. The existing quotas were 
based on the NMFS 10-year-old Biological Opinion. In order to obtain an 
updated opinion, the NPS prepared an Internal Review Draft Vessel 
Management Plan/Environmental Assessment (IRDVMP/EA). In September 
1992, the NPS reinitiated consultation with the NMFS. The IRDVMP/EA 
evaluated four alternatives for managing vessel traffic in Glacier Bay. 
The NMFS review covered any vessel management alternative that is 
equivalent to, or less than, the range of vessel traffic increase 
described in the plan. NMFS Biological Opinion, February 19, 1993 (NPS 
VMP/EA Appendix D, p. 3). Two more alternatives that are within the 
scope of the Biological Opinion that NMFS subsequently issued have 
since been added to the plan. The four alternatives reviewed by NMFS 
ranged from an average 17 percent reduction in all vessel traffic--to 
an apportioned increase in cruise ship (72 percent), charter boat (8 
percent), and private vessel traffic (34 percent). The NMFS reviewed 
the IRDDVMP/EA and analyzed the potential impacts of the plan on 
endangered humpback and gray whales and the threatened Steller sea 
lion.
    Following review, the NMFS issued a Biological Opinion on February 
19, 1993. The NMFS reported a nonjeopardy finding for the gray whale: 
as gray whales rarely enter Glacier Bay, the NMFS does not believe 
there will be any adverse impact on the gray whale as a result of the 
plan. (On June 16, 1994, the NMFS published a determination to remove 
the eastern North Pacific gray whale population from the list of 
endangered wildlife and plants (59 FR 31094)). The NMFS also concluded 
that the plan would not adversely affect the Steller sea lion 
population. All action alternatives proposed in the plan recommend that 
the existing summer closure surrounding the South Marble Island sea 
lion haul-out (100 yards) be extended to include this and other other 
haul-outs year-round.
    In addressing humpback whales, the NMFS opinion recognized that the 
humpback whales that frequent southeastern Alaska (including those that 
visit Glacier Bay) are presumably part of a discrete North Pacific 
population. Therefore, the NMFS considered whether the effects of the 
plan were likely to jeopardize the continued existence of the entire 
North Pacific humpback population. The NMFS concluded that, for the 
three-year period following implementation, it would not. Beyond this 
short-term prediction, NMFS did not project long-term effects. NMFS 
did, however, make the following observations concerning the decline in 
humpback whale use of Glacier Bay, an issue of concern to NPS because 
of its duty to manage Glacier Bay in a manner that protects the 
opportunity for whales to enter and feed in the park's waters:

    The NPS Vessel Management Plan and environmental assessment 
document a [[Page 29526]] declining trend in whale usage of Park 
waters and a decline in crude birth rate since 1988. However, given 
the small sample sizes involved, and the high inherent variability 
of these types of data, it is hard to assess whether or not these 
trends are real. If the trends are real, there is no way to 
determine whether they are caused by changes in prey distribution or 
increases in vessel traffic because there have not been conclusive 
prey studies or vessel interaction studies. However, because these 
changes have occurred coincidentally with increases in vessel 
traffic, NMFS cannot rule out the hypothesis that some humpback 
whales may avoid the area due to vessel traffic.

    NMFS Biological Opinion, February 19, 1993 (NPS VMP/EA Appendix D, 
p. 13).
    To mitigate these concerns, the NMFS urged the NPS ``to take a 
conservative approach in all management actions that may affect 
humpback whales.'' Id. at 14. NMFS limited the validity of its opinion, 
as follows:

    [B]ecause NMFS is concerned about significantly declining use of 
Park waters by humpback whales and a decline in the crude birth rate 
for humpback whales in Glacier Bay National Park and Icy Strait 
since 1988, this opinion is valid only until December 31, 1997.

    NMFS Biological Opinion, February 1993 letter of transmittal (NPS 
VMP/EA, Appendix D, p. 2). NMFS directed that formal consultation must 
be reinitiated upon the expiration of the opinion. The NMFS also made 
two specific recommendations that have been included in all of the 
action alternatives of the NPS 1995 Vessel Management Plan:

    (1) The NPS should implement a humpback whale feeding ecology 
research program which will provide information on movement, 
distribution, and abundance of humpback whales in Glacier Bay and 
northern southeast Alaska at least as far south as Sumner Strait. 
These data should be correlated to distribution of whale prey in 
space and time. Studies should also be conducted to determine how 
vessel presence alters the behavior and/or distribution of humpback 
whales.
    (2) The NPS should continue monitoring programs that identify 
the number of humpback whales that feed in the National Park waters, 
and their individual identity, age, reproductive status, and length 
of stays. Although this information by itself will not provide an 
answer to the hypothesis that vessels affect humpback whales, it 
does provide indications of trends and deviations in humpback whale 
use in and around Glacier Bay.

    NMFS Biological Opinion, February 19, 1993 (NPS VMP/EA Appendix D, 
p. 14).

The Proposed Action

    The proposed regulations are drafted to track the proposed action 
(Alternative Five) from the six-alternative Vessel Management Plan and 
Environmental Assessment prepared by the NPS. The proposed regulations 
contemplate an increase in cruise ship use, to be offset by specific 
mitigation measures. The regulations would authorize a 72 percent 
seasonal increase in cruise ship traffic during the months of June, 
July, and August. However, there would be no increase in the maximum 
number of cruise ships permitted to use the bay on any given day (two). 
Rather, the increased traffic will be absorbed, for the most part, by 
authorizing more cruise ship entries in early and late summer. The 
basis for this proposal is the proposition that, with adequate 
mitigating measures, the number of seasonal entries allocated to cruise 
ships can be increased to equal the maximum daily use limit of two. The 
proposed regulations would also extend and codify park compendium 
vessel regulations that were developed, under the authority of the 
existing regulations, for the protection of humpback whales, Steller 
sea lions, and other wildlife and resource values within the park.
    Although the proposed regulations do not propose an increase in 
charter vessels or private vessels, the NPS is interested in soliciting 
comment on the possibility of an 8% increase in charter vessel use and 
a 15% increase in private vessel use of Glacier Bay waters from June 1 
through August 31, as described in Alternative Six in the VMP/EA. As in 
the case of cruise ships, this option would not allow an increase in 
the present maximum number of daily entries for charter vessels and 
private vessels (currently 6 and 25, respectively). Rather, it would 
allow these increases by authorizing more entries and use-days in early 
and late summer in each category:

    For charter vessels: Seasonal entries and use-days would 
increase 8% from the present cap of 511 use-days to a new cap of 552 
use days.
    For private vessels: Seasonal entries and use-days would 
increase 15% from the present cap of 1,714 use-days to a new cap of 
1,971 use days.

    This option could provide more opportunities for a greater variety 
of visitors to Glacier Bay, including local park neighbors. However, 
the increase in vessel traffic from this option could result in greater 
impacts to park resources, particularly in light of the maneuverability 
of these smaller vessels and the challenge of achieving compliance with 
protective regulations. Consequently, NPS is considering this option, 
perhaps on a trial basis, contingent upon mitigation measures such as 
an educational orientation program for small vessel operators, a 
compliance monitoring program, continued research on potential impacts 
to park resources, and--fundamental to all these measures--adequate 
resources for implementation. We encourage commenters to submit views 
on this option, that may be incorporated into the final regulation.
    For general mitigation purposes, the proposed regulations would 
require charter and private vessel operators to attend a short 
educational program provided by NPS each season when they enter Glacier 
Bay. The program would inform boaters of closures, restrictions and 
other resource protection measures, as well as provide additional 
information to assist boaters in having a safe and enjoyable visit to 
the park. The NPS will also vigilantly monitor vessel use and enforce 
resource protection regulations.
    Alternative Five proposes several additional mitigating measures. 
The NPS proposes to adopt the existing state standards for marine 
vessel (stack) emissions within Glacier Bay as NPS regulations.
    This would permit the NPS to cooperatively monitor and enforce 
these standards. The NPS has received complaints from park visitors 
concerning stack emissions from cruise ships. While underway, cruise 
ships sometimes emit a blue-grey or black smoke plume as they travel 
the length of the Bay. As cruise ships increase the speed of their 
engines to head down-bay after their passengers have viewed Margerie 
Glacier, stack emissions sometimes increase and stagnate in the 
generally still air of the upper inlet, despoiling the spectacular and 
pristine view of the tidewater glaciers. Temperature inversions occur 
frequently at this location, holding plumes low and pancake-like over 
the inlet for hours. By adopting this regulation, the NPS can more 
effectively and consistently enforce the emission standards. This will 
ensure that all park visitors, including those visitors arriving each 
day on the second cruise ship, have an opportunity to view and 
photograph the tidewater glaciers in an unimpaired state.
    Underwater noise pollution from cruise ship operation is also a 
park resource concern. The mechanical noise transmitted into the water 
by moving vessels has been identified as one of the most likely human-
caused disturbances to whales. NMFS Biological Opinion, February 19, 
1993 (NPS VMP/EA Appendix D, pp. 10-12).
    Given the above concerns about air pollution and underwater noise 
pollution, NPS is proposing that cruise [[Page 29527]] ship companies 
seeking entry permits for operation in Glacier Bay prepare and, after 
approval, implement a pollution minimization plan. The purpose of this 
plan would be to assure, to the fullest extent possible, that cruise 
ships permitted to travel within Glacier Bay National Park apply the 
industry's best approaches toward minimization of air and underwater 
noise pollution. These approaches may include, for example, 
installation of original or retrofitted technology, use of cleaner 
fuels, and improved methods of operation. NPS specifically seeks 
comment on the merits of this pollution minimization proposal, and 
welcomes the input of industry and other knowledgeable parties on 
current pollution control measures across the cruise ship industry, 
research and development concerning improvements in pollution control 
measures, as well as the feasibility of various pollution minimization 
approaches. NPS intends to evaluate all this information in determining 
how to achieve air and noise pollution control and protection of park 
resources in the Bay.
    In a similar vein, for entry permits subject to competitive 
allocation, NPS will give a strongly weighted preference to commercial 
vessels that can demonstrate minimization of air and underwater noise 
pollution. In this way, companies will be challenged to devise their 
own effective, state-of-the-art solutions.
    The above measures to achieve cleaner, quieter cruise ship 
operations in Glacier Bay would provide important mitigation toward the 
protection of air quality and whale habitat in Glacier Bay. In 
addition, cruise ship permits would require permittees to assess the 
short and long-term impacts of their activities on potentially affected 
Glacier Bay resources through a research and monitoring program.
    Since whales have been known to arrive at the mouth of Glacier Bay 
in May, the speed limit and the requirement that vessels in transit 
stay one nautical mile off-shore would automatically become effective 
in the designated lower bay whale waters each year on May 15. This 
earlier date would ensure that whales arriving at the mouth of Glacier 
Bay in late spring are able to pass through the narrow entrance to 
Glacier Bay to access the feeding areas with minimal disturbance. 
Previously the ``mid-channel restriction'' began on June 1, and the 
speed restriction was not activated until several whales were observed 
near the mouth of the bay.
    Other natural resource protection measures that are proposed in 
this rulemaking serve to protect Steller sea lions and their haul-outs; 
pupping and molting harbor seals; nesting sea bird colonies; and, 
nesting and molting water fowl and water fowl feeding areas. The 
specific locations and wildlife affected by these measures, and the 
activities taking place that are critical to each species that these 
measures seek to protect, are set out below in the section-by-section 
analysis.
    During the last 10 years Glacier Bay has experienced increased use 
by visitors exploring the bay by kayak. Currently, kayaks and motor 
vessels concentrate in the bay's west arm, primarily because the west 
arm contains easily accessible, large, renowned tidewater glaciers. 
Conversely, kayakers (and other backcountry users), preferring a more 
remote, undisturbed recreational experience focus their activities in 
the less-used east arm (Muir Inlet). Given this, the NPS believes that 
even a modest increase in motor vessel traffic in the upper reaches of 
the Muir Inlet would substantially reduce opportunities for remote 
recreational experiences. Specifically, the proposed east arm closure 
would allow kayakers access to a tidewater glacier with no motor vessel 
disturbance. The closure would also mitigate a safety concern: kayaks 
are susceptible to being overturned by large vessel wakes. This concern 
is amplified in the narrow confines and steep sides of the upper east 
arm (Muir Inlet). The NPS believes that it is appropriate to provide a 
range of visitor opportunities (from motorized to non-motorized), take 
steps to protect the safety of kayakers, and maintain opportunities for 
use of this watercraft in Glacier Bay. Accordingly, based on detriment 
to the recreational resource values associated with kayaking and other 
backcountry use as well as safety concerns, the NPS is proposing to 
close the waters of the Muir Inlet north of Point McLeod (including 
Wachusett Inlet) to motor vessels June 1 through August 31.

Section-by-Section Analysis

    Section 13.65(b)(1) of the proposed regulations defines various 
types of vessels and other terms used in this section. Most of the 
definitions are retained without significant revision from the existing 
regulations. However, there are exceptions:
    The terms ``cruise ship,'' ``charter vessel'' and ``tour vessel'' 
have been revised. 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 is proposing that 
a vessel with an International Tonnage Certificate at or over 2,000 
tons gross (that carries passengers for hire) would be defined as a 
cruise ship. A vessel with an International Tonnage Certificate less 
than 2,000 tons gross (that carries passengers for hire) would be 
defined as a tour vessel or a charter vessel. The existing standard of 
100 tons gross, based on the U.S. method for measuring vessels, will be 
retained. The NPS recognizes that there is not an exact means of 
conversion between these two systems and will honor either rating in 
support of a concessions authorization and entry permit. The NPS 
welcomes comments from knowledgeable parties concerning this proposal.
    The terms ``operate'' and ``operating'' have been expanded to 
include the actual or constructive possession of a vessel. This has 
been done to enable enforcement action against vessels violating permit 
or closed-water restrictions when the vessel is not underway at the 
time of the violation. Definitions are proposed 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.'' Whale water speed limits have been 
measured and enforced 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 term 
``transit'' has been defined to allow vessels to approach 
perpendicularly and land on an otherwise unrestricted shore within 
designated whale waters in order to view or photograph wildlife, camp, 
or participate in any other park activity. The term ``whale season'' 
has been deleted and the dates on which closures or restrictions begin 
and end are included as part of the regulation.
    Section 13.65(b)(2) of the proposed regulations authorizes a 72 
percent increase in cruise ship traffic over the seasonal limits 
authorized and implemented under the existing 
[[Page 29528]] regulations. However, there would be no increase in the 
maximum number of cruise ships permitted to use the bay on any given 
day (two). Rather, the increase in traffic will be absorbed, for the 
most part, by authorizing more cruise ship entries in early and late 
summer. This section also provides for reinitiation of consultation 
with NMFS to ensure that the increase in vessel traffic does not affect 
endangered or threatened species, particularly in Glacier Bay. The 
section also requires the Director of the NPS to reduce vessel entry 
and use levels in 1998 (or thereafter) if necessary to protect the 
values and purposes of Glacier Bay National Park and Preserve.
    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)(ii)(A) requires concessioner vessels to 
notify the Bartlett Cove Ranger Station within the 24 hours prior to, 
or immediately upon, entry to the bay. Paragraph (b)(2)(iii)(A) 
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)(v)(C) allows private vessels to 
launch a motorized skiff or tender after anchoring. Paragraphs (vii) 
and (viii) have been added to clarify the superintendent's authority to 
revoke or deny a permit based on violations of this section.
    Section 13.65(b)(3) of the proposed 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. The 
superintendent's authority to designate temporary whale waters and 
establish vessel use and speed restrictions have also been retained. 
The proposed regulations also identify, and designate as whale waters, 
areas in which seasonal restrictions have applied on a recurring basis. 
The proposed regulations would codify the restrictions that were 
implemented pursuant to section 13.65(b)(2), i.e., mid-channel transit 
through these waters, and in the case of lower bay waters, speeds not 
to exceed 10 knots (proposed regulation (b)(3)(v)(A)).
    As whales have been known to arrive at the mouth of Glacier Bay in 
May, the speed limit and the requirement that vessels in transit stay 
one nautical mile off-shore, as proposed, would become effective in the 
designated lower bay whale waters each year on May 15. This earlier 
date would ensure 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 the feeding areas. The 
superintendent would continue to have discretion to increase the speed 
limit through these waters to 20 knots in the absence of whales.
    A speed restriction is also proposed 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)-(E) are also proposed to protect the park's harbor seals, 
that have recently been recognized as the largest concentration of 
breeding harbor seals in the world. These closures and restrictions 
have previously been enforced as park compendium regulations. The 
preceding paragraph (b)(3)(vi)(B) is proposed for the year-round 
protection of Steller sea lions and their haul-outs and is consistent 
with NMFS recommendations.
    Nesting sea bird colonies would be protected in proposed section 
13.65(b)(3)(vi)(A), that closes colonial nesting islands to vessel 
landing and foot traffic year-round. These small-island closures were 
previously enforced, seasonally, as park compendium regulations. 
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. This action will 
also augment sea lion haul-out protection at South Marble Island. Park 
visitors are advised in paragraph (b)(3)(vi)(F) that the distances 
proposed in this rulemaking that are to be maintained between visitors 
and wildlife are minimum distances; 36 CFR Sec. 2.2 (wildlife 
protection) requires that greater distances be maintained from wildlife 
if it seems likely that wildlife may be disturbed or frightened.
    Nesting sea birds as well as molting and feeding waterfowl would 
receive protection through the seasonal water (area) closures proposed 
for motor vessels in paragraphs (b)(3)(vii)(A)-(E). These motor vessel 
closures would also serve to protect harbor seal haul-outs associated 
with pupping and molting activities (paragraphs (C) and (D)). Similar 
closures were previously proposed 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, that these areas 
support, 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.
    Paragraph (b)(3)(vii)(F) proposes closing the waters of the Muir 
Inlet north of Point McLeod (including Wachusett Inlet) to motor 
vessels on a seasonal basis. This closure is proposed to allow for 
kayaks to safely pass through the narrow and steep walls of the east 
arm to the tidewater glaciers there and to provide the opportunity for 
camping and other backcountry use away from the noise of motor vessel 
traffic.
    As discussed above, the NPS believes that the closures proposed in 
paragraphs (b)(3)(vi) and (b)(3)(vii)(A)-(E) are necessary to protect 
the natural values of Glacier Bay, and the closures proposed in 
paragraph (b)(3)(vii)(F) are necessary to protect the visitor 
experience values of Glacier Bay. These closures are proposed in 
accordance with ANILCA Section 1110(a) to prevent detriment to the 
resource values of Glacier Bay. Therefore, in addition to the public 
comment period provided by this rulemaking, the NPS will hold hearings 
in the vicinity of Glacier Bay on these proposed closures, as noticed 
in this rulemaking.
    In order to further limit and mitigate the effects of underwater 
noise, 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. The NPS has previously determined the need to 
provide administrative remedies to protect whales through imposition of 
temporary public-use limits, whale-water designations, and other 
temporary operating restrictions. See, 50 FR 19880, 19881-82 (May 10, 
1985). The environmentally safe implementation and maintenance of the 
increased public-use levels proposed in this rulemaking require that 
the superintendent have the necessary authority to modify use levels 
and establish vessel restrictions to protect park resources. The 
proposed regulation incorporates the existing authority granted to the 
superintendent in 1985; recognizes that in addition to whales, other 
wildlife may be impacted by the increase in vessel traffic (see, NPS 
VMP/EA); and avoids duplication of existing authority and standards. In 
most cases, the action contemplated under this section would be the 
shifting of existing prohibitions, as whale and other wildlife feeding, 
breeding, and molting [[Page 29529]] sites shift, to new areas in the 
dynamic sea and landscape of the rebounding bay.
    Section 13.65(b)(4) of the proposed regulations adopts the existing 
state restrictions on vessel (stack) emissions.
    Section 13.65(b)(5)-(6) of the existing regulations, Restricted 
Commercial Fishing Harvest, has been addressed separately in proposed 
rules, 56 FR 37262 (August 5, 1991), and has not been considered as 
part of these proposed rules. However, the proposed seasonal closure of 
water areas to vessels (b)(3)(vi), and motor vessels (b)(3)(vii), would 
also apply to commercial fishing boats.
Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Interested persons are invited to submit written 
comments, suggestions or objections regarding the proposed regulations 
to the address noted at the beginning of this rulemaking. Comments must 
be received on or before August 4, 1995. The NPS will review comments 
and consider making changes to the rule, based upon an analysis of 
comments.

Drafting Information

    The primary authors of this revision are Russel J. Wilson, Alaska 
Regional 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. Other National Park Service staff from 
the Alaska Regional Office and Glacier Bay National Park and Preserve 
made significant contributions.

Compliance With Other Laws

    This proposed 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.).
    The collection of information contained in this rule has been 
approved by the Office of Management and Budget as required by 44 
U.S.C. 3501 et seq. The Office of Management and Budget approval number 
is 1024-0026.

List of Subjects in 36 CFR Part 13

    Alaska, National parks.

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

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

    In consideration of the foregoing, 36 CFR Part 13 is proposed to be 
amended as follows:
    1. The authority citation for part 13 continues 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), 1361, 1531.

    2. Section 13.65(b) (1) through (4) is revised 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.
    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.''
    Transit means to operate a motor vessel under power and 
continuously so as to accomplish \1/2\ nautical mile of littoral (i.e. 
along the shore) travel.
    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, and conducts tours or provides 
transportation at regularly scheduled times along a regularly scheduled 
route.
    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. (i) The superintendent shall maintain a motor vessel 
permit system.
    (ii) Permits for cruise ships, tour vessels, and charter vessels 
shall be issued in accordance with National Park Service concession 
authorizations. To obtain or renew an entry permit, a cruise ship 
company shall 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 minimization of air [[Page 29530]] and 
underwater noise pollution while operating in Glacier Bay. Such plan 
shall be submitted to the superintendent, who may approve or disapprove 
the plan. In addition, the superintendent may adopt at any time permit 
operating conditions for the purpose of mitigating air and underwater 
noise pollution or other impacts of cruise ship operation. The 
superintendent shall immediately suspend the entry permit(s) of any 
cruise ship that fails to submit, implement or abide by such a plan or 
operating condition.
    (A) A concessioner vessel is prohibited from entering Glacier Bay 
unless the Bartlett Cove Ranger Station has been given notice of the 
vessel's entry within the 24 hours prior to, or immediately upon, 
entry.
    (B) Off-boat activities from a concessioner vessel are prohibited, 
except as permitted and under conditions established by the 
superintendent.
    (iii) Permits for private motor vessels are required to enter 
Glacier Bay June 1 through August 31. Private motor vessel permits 
shall be issued in accordance with, and subject to, conditions 
established by the superintendent. Conditions established for private 
motor vessels may include, but are not limited to, whom a vessel 
operator must contact when entering or leaving Glacier Bay, designated 
anchorages, and the maximum length of stay in Glacier Bay.
    (A) June 1 through August 31, upon entering Glacier Bay through the 
mouth, the operator of a private motor vessel shall proceed directly to 
the Bartlett Cove Ranger Station for orientation. Failing to report as 
required is prohibited.
    (1) The superintendent may waive this requirement prior to or upon 
entry.
    (2) [Reserved]
    (iv) The superintendent shall restrict vessel entry to, and 
operation within, Glacier Bay to no more than the following:
    (A) Cruise ships are limited to two vessel use days per day;
    (B) Tour vessels are limited to three vessel use days per day;
    (C) Charter vessels are limited, June 1 through August 31, to six 
vessel use days per day, and a total of no more than 312 entries and 
552 vessel use days;
    (D) Private vessels are limited, June 1 through August 31, to 25 
vessel use days per day, and a total of no more than 468 entries and 
1,971 vessel use days;
    (E) Provided that, no later than October 1, 1996, the 
superintendent shall reinitiate consultation with the U.S. National 
Marine Fisheries Service (NMFS) and request a Biological Opinion 
pursuant to section 7 of the Endangered Species Act. The superintendent 
shall request the NMFS assess and analyze any impacts, that may be 
associated with the vessel traffic authorized by this section (13.65), 
to the endangered and threatened species that occur in, or that use, 
Glacier Bay National Park and Preserve. 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 protect the values and purposes of 
Glacier Bay National Park and Preserve. The Director would accordingly 
publish a notice of such revision in the Federal Register. Nothing in 
this paragraph shall be construed to prevent the superintendent from 
taking any action at any time in order to protect the values and 
purposes of Glacier Bay National Park and Preserve.
    (v) Operating a motor vessel in Glacier Bay without a permit issued 
pursuant to this section is prohibited, except:
    (A) A motor vessel engaged in official business of the state or 
federal Government.
    (B) A private motor vessel based at Bartlett Cove that is 
transitting between Bartlett Cove and waters outside Glacier Bay, or 
that is being operated in Bartlett Cove in waters bounded by the Public 
and Administrative Docks.
    (C) A motor vessel singularly launched from a permitted motor 
vessel, and operated only while the permitted motor vessel remains at 
anchor, or a motor vessel launched and operated from a permitted motor 
vessel while that vessel is not underway and in accordance with a 
concession agreement.
    (D) A commercial fishing vessel otherwise authorized and permitted, 
and actually engaged in commercial fishing within Glacier Bay.
    (E) A vessel granted safe harbor at Bartlett Cove by the 
Superintendent.
    (vi) Violating a term or condition of a permit issued pursuant to 
this section is prohibited.
    (vii) Violating a term or condition of a permit issued pursuant to 
this section may also result in the suspension or revocation of the 
permit by the superintendent.
    (viii) Operating a motor vessel in Glacier Bay without a permit 
shall constitute sufficient grounds for the superintendent to deny 
future permit requests.
    (3) Operating Restrictions. (i) Except for a commercial fishing 
vessel actually trolling or setting or pulling long lines or crab pots 
as authorized and permitted by the superintendent, operating a vessel 
within one-quarter nautical mile of a whale is prohibited.
    (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.
    (A) Failure to take action as required in paragraph (b)(3)(ii) is 
prohibited.
    (B) [Reserved]
    (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, as 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)(D) 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, as 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, as 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 [[Page 29531]] the 
northernmost point of Garforth Island to shore.
    (3) Russell Island Passage waters, as 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, 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) The following restrictions apply in designated whale waters. 
Violation of a whale water restriction is prohibited:
    (1) Except vessels actually fishing as authorized and permitted by 
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 operators may 
perpendicularly approach and land on an otherwise unrestricted shore 
within designated whale waters in order to view or photograph wildlife, 
camp, or participate in any other park activity.
    (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 a speed greater than 10 knots speed 
through the water, or
    (2) Operating a motor vessel at a speed greater than 20 knots speed 
through the water, when the superintendent has designated a maximum 
speed of 20 knots during the absence 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 a speed greater 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 feet of 
a nesting seabird colony; or that part of South Marble Island lying 
south of 58 deg.38.6' N. latitude (approximately the southern one-half 
of South Marble Island); or Flapjack Island; or 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 the four small unnamed islands located approximately one 
nautical mile north (one island), and 1.5 nautical miles east (three 
islands) of the eastern-most point of Russell Island.
    (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 that part of South Marble Island lying north of 
58 deg.38.6' N. latitude (approximately the northern one-half of South 
Marble 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.
    (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 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).
    (E) 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.
    (F) Restrictions imposed in this paragraph ((b)(3)(vi)) are minimum 
distances. Park visitors are advised that protection of park wildlife 
may require that greater distances be maintained from wildlife. See 36 
CFR 2.2 (Wildlife protection).
    (vii) Closed Waters, Motor Vessels and Seaplanes. May 1 through 
September 15, operating a motor vessel or a seaplane on the following 
water is prohibited:
    (A) 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).
    (B) Rendu Inlet, north of the wilderness boundary at the mouth of 
the inlet.
    (C) Hugh Miller Complex, including Scidmore Bay and Charpentier 
Inlet, west of the wilderness boundary at the mouth of the Hugh Miller 
Inlet.
    (D) 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.
    (E) Dundas Bay, west of 136 deg.25' W. longitude.
    (F) Muir Inlet, north of 58 deg.54.8' N. latitude (an imaginary 
line running approximately due east from Point McLeod), including 
Wachusett Inlet.
    (viii) Noise Restrictions. June 1 through August 31, except vessels 
in transit or at Bartlett Cove or as otherwise permitted by the 
superintendent, the use of generators or other non-propulsive motors is 
prohibited from 10:00 p.m. until 6:00 a.m.
    (ix) Other Closures and Restrictions. Notwithstanding any other 
provision of this Part or 43 CFR Part 36, 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 Sec. 1.5 of this chapter, the superintendent may 
establish, designate, implement and enforce closures, restrictions, and 
public use limits, and terminate such closures, restrictions, and 
public use limits.
    (B) The public shall be notified of closures, restrictions, or 
public use limits imposed under this paragraph, and the termination or 
relaxation of such, in accordance with Sec. 1.7 of this chapter, and by 
submission to the U.S. [[Page 29532]] Coast Guard for publication as a 
``Notice to Mariners'', where appropriate.
    (C) When authorized by, and consistent with applicable legislation, 
the superintendent may issue a permit to authorize an activity 
otherwise prohibited or restricted under Sec. 1.5 of this chapter.
    (1) The superintendent shall include in the permit terms and 
conditions the superintendent deems necessary to protect park 
resources.
    (2) [Reserved]
    (D) The following are prohibited:
    (1) Violating a closure, designation, use or activity restriction 
or condition, schedule or public use limit imposed pursuant to Sec. 1.5 
of this chapter without a permit; or,
    (2) Violating a term or condition of a permit issued pursuant to 
paragraph ((b)(3)(vii)(C)).
    (E) 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 signs or a copy of the rules 
at each dock.
    (1) Failure to obey a sign or rule is prohibited.
    (2) [Reserved]
    (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).
    (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 
paragraph (b)(3) of this section 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. (i) The following 
definitions shall apply to this paragraph:
    (A) Underway means not at berth or anchor or moored or aground.
    (B) Port means only that area comprised by Bartlett Cove and the 
public dock.
    (ii) 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:
    (A) Three minutes in any one hour while underway, at berth, or at 
anchor; or
    (B) Six minutes in any one hour during initial startup of diesel-
driven vessels; or
    (C) 12 minutes in one hour while anchoring, berthing, getting 
underway or maneuvering in port.
* * * * *
    Dated: May 30, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-13616 Filed 5-31-95; 3:52 pm]
BILLING CODE 4310-70-P