[Federal Register Volume 63, Number 238 (Friday, December 11, 1998)]
[Proposed Rules]
[Pages 68666-68667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32997]



[[Page 68665]]

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Part VII





Department of the Interior





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National Park Service



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36 CFR Part 13



Glacier Bay National Park, Alaska; Commercial Fishing Regulations and 
Environmental Assessment; Proposed Rule



Dungeness Crab Commercial Fishery Compensation Program Application 
Procedures; Notice

  Federal Register / Vol. 63, No. 238 / Friday, December 11, 1998 / 
Proposed Rules  

[[Page 68666]]



DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13


Glacier Bay National Park, Alaska; Commercial Fishing Regulations 
and Environmental Assessment

AGENCY: National Park Service, Interior.

ACTION: Reopen the public comment period for the Proposed Rule and 
Environmental Assessment.

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SUMMARY: Section 123 of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act for FY 1999 (``the Act''), signed into 
law on October 21, 1998, establishes statutory requirements for the 
management of commercial fishing in Glacier Bay National Park. The 
congressional managers of this legislation directed the National Park 
Service (NPS) ``to extend the public comment period on the pending 
regulations (62 FR 18547, April 16, 1997) until January 15, 1999, 
modify the draft regulations to conform to [section 123's] language and 
publish the changes in the final regulations.'' Accordingly, the public 
comment period on the Proposed Rule and Environmental Assessment (EA) 
for commercial fishing will remain open until January 15, 1999.

DATES: Comments on the proposed rule and EA will be accepted through 
January 15, 1999.

ADDRESSES: Comments on the proposed rule and EA should be submitted to 
the: Superintendent, Glacier Bay National Park and Preserve, P.O. Box 
140, Gustavus, Alaska 99826. Comments on the proposed rule and EA may 
be made on the park's Web site at http://www.nps.gov/glba, or by 
phoning the park at (907) 697-2230.

FOR FURTHER INFORMATION CONTACT: Copies of the EA and the Executive 
Summary are available by writing to Glen Yankus, National Park Service 
Support Office, 2525 Gambell St., Anchorage, Alaska 99503, or calling 
(907) 257-2645. The EA Executive Summary, Proposed Rule, and Section 
123 of the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act for FY 1999 are also available on the park's Web 
site at ttp://www.nps.gov/glba.

SUPPLEMENTARY INFORMATION: Section 123 of the Act (Pub. L. 105-277) 
directs the secretary of the interior and the state of Alaska to 
develop a cooperative management plan for the regulation of commercial 
fisheries within the park consistent with protection of park values and 
purposes, a prohibition on new or expanded fisheries, and opportunities 
for study of marine resources. The law provides for the continuation of 
commercial fishing in the marine waters of Glacier Bay National Park 
outside Glacier Bay proper. The law limits =-commercial fisheries 
within Glacier Bay proper to Tanner crab, halibut and salmon, and 
limits participation in these commercial fisheries to the lifetimes of 
individual fishermen with a qualifying history. Areas in the upper 
reaches and inlets of Glacier Bay proper are closed to all commercial 
fishing or are limited to winter season king salmon trolling by 
grandfathered fishermen. Designated marine wilderness areas in the park 
are closed to commercial fishing. Compensation is provided for 
qualifying Dungeness crab fishermen displaced by closure of designated 
wilderness waters of the Beardslee Islands and Dundas Bay. The full 
text of Section 123 of the Act is provided at the end of Supplementary 
Information.
    NPS will publish a final rule regarding commercial fishing in the 
marine waters of Glacier Bay National Park after the close of the 
public comment period, as directed by Congress. Section 123 determines 
by statute several aspects of the NPS's proposed rule, but leaves other 
aspects open for final rulemaking. For example, Section 123 establishes 
by statute the phase-out of commercial fishing in Glacier Bay proper 
proposed by the rule. However, whereas the proposed rule would have 
eliminated commercial fishing in the bay after a 15-year period, 
Section 123 allows qualifying fishermen to fish in the bay throughout 
their lifetimes. In deference to rulemaking, Section 123 leaves to the 
Secretary of the Interior the determination of the number and timeframe 
of years that will qualify individuals for the nontransferable lifetime 
permits. The proposed rule would have required a fisherman to have 
participated in a Glacier Bay-proper fishery for a minimum of six years 
during the period of 1987 through 1996 to qualify for the 15-year 
access permit contemplated by the proposed rule. The final rule will 
determine the appropriate eligibility requirement for the lifetime 
access permit mandated by the statute. NPS welcomes and encourages 
ideas on what are reasonable eligibility criteria for lifetime access 
to the commercial Tanner crab, halibut and salmon fisheries authorized 
in Glacier Bay proper by the Act. Are the eligibility criteria outlined 
in the proposed rule appropriate? Should a different number and 
timeframe of qualifying years (e.g., three out of a five-year period) 
be considered? Should the three fisheries have the same eligibility 
criteria, or are there differences among the fisheries that support 
different eligibility criteria for different fisheries?
    NPS will implement the statutory requirements of Section 123 of the 
Act in a final rule. All issues raised by the proposed rule not 
explicitly resolved by Section 123 of the Act are still open for 
comment. For example, Section 123 of the Act directs the state of 
Alaska and the secretary of the interior to develop a cooperative 
management plan (see Section 123 (a)(1), at the end of SUPPLEMENTARY 
INFORMATION). The proposed rule also contemplated such a plan. As 
cooperative management is envisioned, the state would continue its role 
in management of commercial fisheries and NPS would contribute 
expertise in protection of park purposes and values; both state and 
federal agencies could jointly develop appropriate marine research 
projects. NPS seeks public comments and ideas on federal-state 
cooperative management to help federal and state officials begin their 
discussions. However, details of cooperative management will not be 
included in the final rulemaking because such details will be developed 
cooperatively with the state of Alaska.
    The proposed rule (including the preamble) raises other issues not 
addressed by the Act, such as proposals to develop a Hoonah Tlingit 
cultural fishery and consider fisheries research opportunities. NPS 
acknowledges that some issues raised in the proposed rule may be more 
appropriately considered in development of a cooperative management 
plan with the state of Alaska. NPS will review all comments received to 
date on the proposed rule and EA and encourages additional comments in 
light of the new legislation. In addition to being published in the 
Federal Register, this notice is being mailed to all 1,300+ individuals 
who have already provided comment on the proposed rule. Consequently, 
all commenters have an opportunity to provide new or additional 
comments.
    The full text of Section 123 of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act for FY 1999 (Pub. L. 105-277) 
is provided below.11
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    \11\ Note: The text of section 123 is provided for the 
convenience of the reader. The official version of section 123 
appears in Pub. L. 105-277, 112 Stat. 2681.

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[[Page 68667]]

COMMERCIAL FISHING IN GLACIER BAY NATIONAL PARK
SEC. 123. (a) GENERAL--
    (1) The Secretary of the Interior and the State of Alaska shall 
cooperate in the development of a management plan for the regulation of 
commercial fisheries in Glacier Bay National Park pursuant to existing 
State and Federal statutes and any applicable international 
conservation and management treaties. Such management plan shall 
provide for commercial fishing in the marine waters within Glacier Bay 
National Park outside of Glacier Bay Proper, and in the marine waters 
within Glacier Bay Proper as specified in paragraphs (a)(2) through 
(a)(5), and shall provide for the protection of park values and 
purposes, for the prohibition of any new or expanded fisheries, and for 
the opportunity for the study of marine resources.
    (2) In the nonwilderness waters within Glacier Bay Proper, 
commercial fishing shall be limited, by means of non-transferable 
lifetime access permits, solely to individuals who--
    (A) Hold a valid commercial fishing permit for a fishery in a 
geographic area that includes the nonwilderness waters within Glacier 
Bay Proper;
    (B) Provide a sworn and notarized affidavit and other available 
corroborating documentation to the Secretary of the Interior sufficient 
to establish that such individual engaged in commercial fishing for 
halibut, Tanner crab, or salmon in Glacier Bay Proper during qualifying 
years which shall be established by the Secretary of the Interior 
within one year of the date of the enactment of this Act; and
    (C) Fish only with--
    (i) Longline gear for halibut;
    (ii) Pot or ring nets for Tanner crab; or
    (iii) Trolling gear for salmon.
    (3) With respect to the individuals engaging in commercial fishing 
for Glacier Bay Proper pursuant to paragraph (2), no fishing shall be 
allowed in the West Arm of Glacier Bay Proper (West Arm) north of 58 
degrees, 50 minutes north latitude except for trolling for king salmon 
during the period from October 1 through April 30. The waters of Johns 
Hopkins Inlet, Tarr Inlet and Reid Inlet shall remain closed to all 
commercial fishing.
    (4) With respect to the individuals engaging in commercial fishing 
in Glacier Bay Proper pursuant to paragraph (2), no fishing shall be 
allowed in the East Arm of Glacier Bay Proper (East Arm) north of a 
line drawn from Point Caroline, through the southern end of Garforth 
Island to the east side of the Muir Inlet, except that trolling for 
king salmon during the period from October 1 through April 30 shall be 
allowed south of a line drawn across Muir Inlet at the southernmost 
point of Adams Inlet.
    (5) With respect to the individuals engaging in commercial fishing 
in Glacier Bay Proper pursuant to paragraph (2), no fishing shall be 
allowed in Geikie Inlet.
    (b) THE BEARDSLEE ISLANDS AND UPPER DUNDAS BAY.--Commercial fishing 
is prohibited in the designated wilderness waters within Glacier Bay 
National Park and Preserve, including the waters of the Beardslee 
Islands and Upper Dundas Bay. Any individual who--
    (1) On or before February 1, 1999, provides a sworn and notarized 
affidavit and other available corroborating documentation to the 
Secretary of the Interior sufficient to establish that he or she has 
engaged in commercial fishing for Dungeness crab in the designated 
wilderness waters of the Beardslee Islands or Dundas Bay within Glacier 
Bay National Park pursuant to valid commercial fishing permit in at 
least six of the years during the period 1987 through 1996;
    (2) At the time of receiving compensation based on the Secretary of 
the Interior's determination as described below--
    (A) Agrees in writing not to engage in commercial fishing for 
Dungeness crab within Glacier Bay Proper;
    (B) Relinquishes to the State of Alaska for the purposes of its 
retirement any commercial fishing permit for Dungeness crab for areas 
within Glacier Bay Proper;
    (C) At the individual's option, relinquishes to the United States 
the Dungeness crab pots covered by the commercial fishing permit; and
    (D) At the individual's option, relinquishes to the United States 
the fishing vessel used for Dungeness crab fishing in Glacier Bay 
Proper; and
    (3) Holds a current valid commercial fishing permit that allows 
such individual to engage in commercial fishing for Dungeness crab in 
Glacier Bay National park, shall be eligible to receive from the United 
States compensation that is the greater of (i) $400,000, or (ii) an 
amount equal to the fair market value (as of the date of 
relinquishment) of the commercial fishing permit for Dungeness crab, of 
any Dungeness crab pots or other Dungeness crab gear, and of not more 
than one Dungeness crab fishing vessel, together with an amount equal 
to the present value of the foregone net income from commercial fishing 
for Dungeness crab for the period January 1, 1999 through December 31, 
2004, based on the individual's net earnings from the Dungeness crab 
fishery during the period January 1, 1991 through December 31, 1996. 
Any individual seeking such compensation shall provide the consent 
necessary for the Secretary of the Interior to verify such net earnings 
in the fishery. The Secretary of the Interior's determination of the 
amount to be paid shall be completed and payment shall be made within 
six months from the date of the application by the individuals 
described in this subsection and shall constitute final agency action 
subject to review pursuant to the Administrative Procedures Act in the 
United States District Court for the District of Alaska.
    (c) DEFINITION AND SAVINGS CLAUSE.--
    (1) As used in this section, the term ``Glacier Bay Proper'' shall 
mean the marine waters within Glacier Bay, including coves and inlets, 
north of a line drawn from Point Gustavus to Point Carolus.
    (2) Nothing in this section is intended to enlarge or diminish 
Federal or State title, jurisdiction, or authority with respect to the 
waters of the State of Alaska, the waters within the boundaries of 
Glacier Bay National Park, or the tidal or submerged lands under any 
provision of State or Federal law.

    Dated: December 4, 1998.
John Quinley,
Acting Regional Director, Alaska.
[FR Doc. 98-32997 Filed 12-10-98; 8:45 am]
BILLING CODE 4310-70-P