[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Proposed Rules]
[Pages 32383-32385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15973]



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DEPARTMENT OF THE INTERIOR
National Park Service

36 CFR Part 3

RIN 1024-AC46


National Park Service; Boating and Water Use Activities, 
Prohibited Operations

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) is proposing to amend its 
boating regulations to include the authority to regulate the access to 
NPS waters of individuals and vessels that have recently operated in 
waters infested with injurious non-indigenous aquatic plant and animal 
species. The purpose of the proposed rule is to protect park aquatic 
natural resources and supporting built infrastructure. This proposed 
rule includes criteria for decontamination of vessels and equipment to 
allow access to park waters. In addition, these rules identify how 
vessels may be allowed to operate under a permit system outlined in the 
general regulations. These rules will allow the NPS to regulate 
individual and vessel access to park waters to prevent the accidental 
introduction of injurious exotic aquatic nuisance species into park 
waters.
    The NPS will use lists developed by other Federal agencies like the 
U.S. Fish and Wildlife Service and various State departments of natural 
resources to identify targeted prohibited species. The NPS may, 
however, develop its own lists based upon sound scientific research. 
Any species identified by the NPS will be listed and identified through 
the public notice process. Various States have active aquatic exotic 
species prevention programs and regularly identify and mark infested 
bodies of water. The NPS will, through its Resource Education programs, 
ensure that all park users are informed and warned about targeted 
species and the proper way to control their spread by decontaminating 
their vessels and associated gear. This proposed rule will bring the 
NPS into conformity with programs currently in place in several states.

DATES: Written comments will be accepted through August 23, 1996.

ADDRESSES: All comments should be addressed to: Superintendent, Great 
Lakes Systems Support Office, Midwest Field Area, National Park 
Service, 1709 Jackson Street, Omaha, Nebraska 68102. Attention: John 
Townsend.

FOR FURTHER INFORMATION CONTACT: John Townsend at the above address or 
by calling 402-221-3475.

SUPPLEMENTARY INFORMATION:

Background

    The NPS is granted broad statutory authority under 16 U.S.C. 
Section 1 et seq. (National Park Service Organic Act) and 16 U.S.C. 
Sections 1a-2(h) to ``* * * regulate the use of the Federal areas known 
as national parks, monuments, and reservations * * * by such means and 
measures as conform to the fundamental purpose of the said parks * * * 
which purpose is to conserve the scenery and the natural and historic 
objects and the wildlife therein * * *''.

[[Page 32384]]

    The National Park Service Management Policies (1988) provide 
overall direction in implementing the intent of this Congressional 
mandate and other applicable Federal legislation. The policy of the NPS 
regarding protection and management of natural resources is ``The 
National Park Service will manage the natural resources of the national 
park system to maintain, rehabilitate, and perpetuate their inherent 
integrity'' (Chapter 4:1). Where conflict arises between human use and 
resource protection, where the NPS has a ``reasonable basis to believe 
a resource is or would become impaired, the Park Service may, * * * 
otherwise place limitations on public use'' (Chapter 1:3).
    The integrity and quality of many national park waters and aquatic 
ecosystems, and dependent economic values and infrastructure, are 
threatened by the introduction of a variety of injurious non-indigenous 
aquatic species, both flora and fauna. These exotic aquatic animals and 
plants cause irreparable harm to the core values and resources for 
which the National Park System was created and can impose costly 
economic impacts on businesses and government entities through loss of 
production time and detection, mitigation, remediation and control 
activities. It is estimated that six of the over 150 known exotic 
aquatic species found within United States waters have alone caused 
over $1.5 billion in damages since 1906 (U.S. Congress, Office of 
Technology Assessment).
    One such example is the exotic zebra mussel (Dreissena polymorpha). 
The zebra mussel is a small, fresh water, filter feeding mollusk that 
attaches itself to any hard surface, human-made or natural. This 
species was accidently introduced into North American waters in 1986 
and has since spread throughout the Great Lakes and into the major 
eastern and Midwestern river systems. The ecological and economic 
impacts of zebra mussels have been extensive. These include effects to 
other organism, water quality, water clarity, and disruption of native 
aquatic communities and impacts to navigational devices, municipal 
water systems, sewage treatment plants, utility power plants, marinas 
and recreational and commercial vessel owners.
    The primary vector in the spread of the zebra mussel, like most 
aquatic exotic species, is by in-water or trailered vessel transport 
from infested to unifested waters. During the summer of 1995 zebra 
mussels were found on trailered vessels as far west as California. 
There is evidence that contaminated wet suits are also a vector for 
accidental introduction. There is no evidence that transport by 
naturals such as birds or aquatic wildlife has led to the establishment 
of viable zebra mussel populations.
    Additionally, on November 29, 1990, Congress passed the 
``Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990'' 
(16 U.S.C. 4701) to do just what this regulation proposes--to prevent 
introductions or control infestations of injurious non-indigenous 
aquatic nuisance species.
    This proposed rule will allow the NPS to regulate individual and 
vessel access to park waters to prevent or minimize the risk of 
unintentional introduction of injurious non-indigenous aquatic species 
into park waters. Minimizing such risks is particularly important since 
once introduced and established, many exotic species are extremely 
costly and nearly impossible to eliminate. This proposed rule also 
prohibits the transportation, introduction or attempted introduction of 
injurious non-indigenous aquatic species into park waters.

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. Accordingly, interested persons may submit written 
comments regarding this proposed rule to the address noted at the 
beginning of this rulemaking. The NPS will review all comments and 
consider making changes to the rule based upon analysis of the 
comments.

    Drafting Information: The primary authors of this proposed rule are 
James A. Loach, Superintendent, Great Lakes System Support Office, 
Midwest Field Area Office; Brian R. Adams, Chief Ranger, St. Croix 
National Scenic Riverway; and Dennis Burnett, Washington Office of 
Ranger Activities, National Park Service.

Paperwork Reduction Act

    This proposed rule does not contain collections of information 
requiring approval by the Office of Management and Budget under the 
Paperwork Reduction Act of 1995.

Compliance With Other Laws

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866. The Department of the Interior has 
determined 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.). To the contrary, this 
rulemaking will lessen the possible economic impacts to businesses and 
industry should exotics like the zebra mussel become established in NPS 
waterways.
    In fact, the NPS and other entities will incur substantially 
increased costs over time as a result of monitoring, mitigation, 
remediation and control activities if these rules are not implemented. 
These rules seek to prevent a growing problem by moving away from a 
reliance on both short and longer term, costly, and often 
environmentally unsound, control methods. Prevention appears to be the 
only cost effective approach. There is also the prospect that these 
regulations may have a positive secondary effect on local businesses 
and small entities providing cleaning and decontamination services to 
the public.
    The NPS has determined that this rulemaking will not have a 
significant effect on the quality of the human environment, health and 
safety because it is not expected to:
    (a) Increase public use to the extent of compromising the nature 
and character of the area or causing physical damage to it;
    (b) Introduce non-compatible uses that may compromise the nature 
and characteristic of the area, or cause physical damage to it;
    (c) Conflict with adjacent ownerships or land uses; or
    (d) Cause a nuisance to adjacent land owners or occupants.
    Based on this determination, the regulation is categorically 
excluded from the procedural requirements of the National Environmental 
Policy Act (NEPA) by Departmental guidelines in 516 DM 6 (49 FR 21438). 
As such, neither an Environmental Assessment (EA) nor an Environmental 
Impact Statement (EIS) has been prepared.

List of Subjects in 36 CFR Part 3

    National parks, Reporting and recordkeeping requirements.

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

PART 3--BOATING AND WATER USE ACTIVITIES

    1. The authority citation for Part 3 continues to read as follows:

    Authority: 16 U.S.C. 1, 1a-2(h), 3.

    2. Section 3.6 is amended by adding paragraphs (m) through (o) to 
read as follows:


Sec. 3.6  Prohibited operations.

* * * * *
    (m) Entering by vessel, launching a vessel, operating a vessel, or 
knowingly allowing another person to enter, launch or operate a vessel, 
or attempting to do any of these activities, in NPS waters, when that 
vessel or the trailer or the

[[Page 32385]]

carrier of that vessel has been in water contaminated or infested with 
injurious non-indigenous aquatic nuisance species, except as provided 
in paragraghs (m)(1) and (m)(2).
    (1) Vessels, trailers or other carriers of vessels entering NPS 
waters from contaminated waters will be cleaned using the technique 
specific to the aquatic nuisance species.
    (2) The superintendent may allow for limited or restricted access 
to park waters under a permit system in accordance with the criteria 
and procedures of Sec. 3.3 of this chapter.
    (i) Violating a term or condition of a permit issued in accordance 
with Sec. 3.3 is prohibited.
    (ii) Violating a term or condition of a permit issued pursuant to 
Sec. 3.3 of this chapter may also result in the suspension or 
revocation of the permit by the superintendent.
    (3) For this section, an injurious non-indigenous aquatic nuisance 
species means a species that threatens the diversity or abundance of 
native species or the stability of an aquatic ecosystem, or that 
threatens the commercial, agricultural, aquacultural or recreational 
development dependent on such an ecosystem, and includes only those 
organisms that pose a substantial risk to native species and the 
development and infrastructure dependent upon such aquatic resources. 
Species include those listed by Federal, State or local agencies as 
injurious non-indigenous aquatic nuisance species.
    (4) For this section, contaminated or infested waters means any 
waters supporting viable or reproducing populations of injurious non-
indigenous aquatic nuance species as identified by any Federal, State, 
or local agency.
    (5) For paragraph (m) of this section, vessel means every type or 
description of craft, including seaplanes on the water, used or capable 
of being used as a means of transportation on water, including a 
buoyant devise permitting or capable of free flotation.
    (n) Transporting in any way, an injurious non-indigenous aquatic 
nuisance species on park waters or roads.
    (o) Placing or dumping into park waters, or attempting to place or 
dump, bait containers, live wells or other water-holding devices that 
are or were filled with waters holding or contaminated by injurious 
non-indigenous aquatic nuisance species.
    3. Section 3.23 is amended by adding paragraph (c) to read as 
follows:


Sec. 3.23  SCUBA and snorkeling.

* * * * *
    (c) Using a wet suit or associated water use and diving equipment 
used in waters infested with injurious non-indigenous aquatic nuisance 
species prior to decontamination by a process appropriate to the 
nuisance species.

    Dated: March 15, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15973 Filed 6-21-96; 8:45 am]
BILLING CODE 4310-70-P