[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Rules and Regulations]
[Pages 56455-56464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27297]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024-AB99


Glacier Bay National Park, AK; Commercial Fishing Regulations

AGENCY: National Park Service (NPS), Interior.

ACTION: Final rule.

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SUMMARY: This final rule represents a major step towards a 
comprehensive resolution of commercial fishing issues in Glacier Bay 
National Park. In accordance with the provisions of Section 123 of the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act for 
FY 1999 (Section 123), as amended, the rule establishes special 
regulations for commercial fishing in the marine waters of Glacier Bay 
National Park. The rule implements provisions in Section 123 by: 
closing specifically identified areas of non-wilderness waters in 
Glacier Bay proper and all wilderness waters within Glacier Bay 
National Park to commercial fishing; limiting commercial fishing in 
Glacier Bay proper to three specific commercial fisheries; establishing 
a ``grandfathering'' process to allow qualifying fishermen in the three 
authorized commercial fisheries to continue fishing in the remaining 
waters of Glacier Bay proper under nontransferable lifetime permits; 
and, clarifying that the marine waters of Glacier Bay National Park 
outside of Glacier Bay proper will remain open to various existing 
commercial fisheries. Section 123 also directs that authorized 
commercial fisheries be managed in accordance with a cooperatively 
developed state/federal fisheries management plan. The cooperative 
state/federal fisheries management plan is being developed independent 
of this rule and will be announced at a later date.

DATES: This rule is effective on October 20, 1999, with the exception 
of paragraphs (a)(10)(i)-(iii) which take effect on January 1, 2000.

ADDRESSES: Tomie Lee, Superintendent, Glacier Bay National Park and 
Preserve, P.O. Box 140, Gustavus, Alaska 99826. E-mail address is 
[email protected].

FOR FURTHER INFORMATION CONTACT: Tomie Lee, Superintendent, Glacier Bay 
National Park and Preserve, P.O. Box 140, Gustavus, Alaska, 99827, 
Phone (907) 697-2230; fax (907) 697-2654.

SUPPLEMENTARY INFORMATION:

Background

    The background section in the re-proposed rule of August 2, 1999 
(64 FR 41854), includes a comprehensive chronology of Glacier Bay's 
commercial fishing history that outlines the circumstances and events 
leading to this final rule. That information is unchanged and has 
continuing applicability. The National Park Service (NPS) wishes to 
note that numerous extensions to the public comment period on the 1997 
proposed rule afforded the public a prior opportunity to comment on 
Section 123 (see e.g., 63 FR 68655, December 11, 1998; 64 FR 1573, 
January 11, 1999). The re-proposed rule was published, in part, to 
fulfill the requirement of Section 123, as amended by Pub. L. 106-31 
(May 21, 1999), which directed the Secretary of the Interior to re-
publish the rule and provide an opportunity for the public to comment 
for not less than 45 days.
    To comply with Section 123, the rule, in part, amends the general 
regulatory prohibition on commercial fishing activities in units of the 
National Park System, and authorizes various existing commercial 
fisheries to continue in most marine waters of Glacier Bay National 
Park subject to a cooperatively developed state/federal fisheries 
management plan.
    The other provisions of the rule also conform to the requirements 
of Section 123. The rule limits commercial fisheries in Glacier Bay 
proper to pot and ring net fishing for Tanner crab, longlining for 
halibut, and trolling for salmon. The rule describes eligibility 
criteria that allow certain fishermen with a sufficient, recent, 
reoccurring history of participation in Glacier Bay proper fisheries to 
continue fishing in Glacier Bay proper for their lifetimes. The final 
rule adopts October 1, 2000, as the deadline to apply for a lifetime 
permit. Beginning October 1, 2000, a lifetime permit is needed in order 
to fish in Glacier Bay proper. To qualify, fishermen must be able to 
document that they have fished in Glacier Bay proper in one of the 
three authorized commercial fisheries as follows: For the halibut 
fishery, 2 years of participation are required in Glacier Bay proper 
during the 7-year period, 1992 through 1998. For the salmon and Tanner 
crab fisheries, 3 years of participation are required in Glacier Bay 
proper during the 10-year period, 1989 through 1998. The 7-year 
qualifying period for halibut is based, in large part, on the 
establishment of a statistical sub-area for Glacier Bay proper in 1992. 
Use of this qualifying period specific to this sub-area will assist 
fishermen in documenting, and NPS in identifying, a history of fishing 
within Glacier Bay proper. A 10-year qualifying period is used for the 
Tanner crab and salmon fisheries. These qualifying periods (of 7 and 10 
years, respectively) are intended to provide a better opportunity for 
fishermen with a variable but reoccurring history of participation in 
these fisheries, in Glacier Bay proper, to qualify for the lifetime 
access permits. Essentially, these criteria require fishermen to have 
fished in Glacier Bay proper for approximately 30% of the years during 
the 7 and 10-year base periods to qualify for lifetime access to an 
authorized fishery.
    The rule also describes the application requirements and procedures 
for fishermen to follow to apply for a lifetime access permit for an 
authorized fishery in Glacier Bay proper. The rule requires that 
applicants: demonstrate that they hold a valid state limited entry 
commercial fishing permit, and for halibut an International Pacific 
Halibut Commission quota share, for the fishery in Glacier Bay proper; 
provide a sworn and notarized affidavit attesting to their history and 
participation in the fishery within Glacier Bay proper; and, provide 
other documentation that corroborates their participation in the 
fishery in Glacier Bay proper during the qualifying years. The rule 
requires applicants to

[[Page 56456]]

provide two types of corroborating documentation readily available from 
the State of Alaska: permit histories; and, landing reports. The permit 
history documents the length of time an applicant has been a permit 
holder in a fishery, and the landing report documents the time and 
location of the applicant's fishery landings. The application 
requirements for a lifetime commercial fishing access permit in Glacier 
Bay (i.e., a copy of the valid permit(s) and quota share(s), affidavit, 
permit history and landing report) are less demanding than that 
typically required by the State of Alaska or National Marine Fisheries 
Service (for halibut) for similar limited entry programs. The rule 
encourages applicants to submit other forms of corroborating 
documentation--for example, vessel logbooks or affidavits from other 
fishermen or processors--to assist in the establishment of their 
history of participation in a particular fishery in Glacier Bay proper.
    NPS recognizes the limitations of landing report data based on fish 
tickets. Although Alaska statute requires accurate reporting of fish 
harvest information by statistical area, fishermen often lump together 
catches from Glacier Bay proper and Icy Strait statistical areas, and 
report them as Icy Strait landings on their fish tickets. Moreover, no 
statistical reporting area exists for salmon that is specific to 
Glacier Bay proper. Because of this, for the salmon fishery, NPS will 
consider landing reports from District 114 (all of Icy Strait from 
Cross Sound to the Lynn Canal, including Glacier, Dundas and Taylor 
Bays and Excursion Inlet) as indirect evidence of participation in the 
fishery in Glacier Bay proper; this indirect evidence, however, must be 
supported by additional documentation that supports applicants' 
declaration of Glacier Bay proper salmon landings (such as affidavits 
from crewmembers, other fishermen, processors or logbooks or other 
corroborating documentation). Salmon fishermen who can document more 
than incidental use of District 114 should submit that documentation as 
it may bolster other evidence of their landings from the Glacier Bay 
proper fishery.
    Both the halibut fishery (Regulatory Sub-area 184) and the Tanner 
crab fishery (Statistical areas 114-70 through 114-77) have reporting 
areas specific to Glacier Bay proper. Therefore, applicants who wish to 
rely on landing data from areas outside, but immediately adjacent to, 
Glacier Bay proper must submit convincing corroborating documentation 
(such as affidavits from crewmembers, other fishermen, processors or 
log books) in addition to their personal affidavit that a portion of 
their catch was landed in Glacier Bay proper. Landing reports for 
halibut and Tanner crab must, at the very least, be from the reporting 
area immediately adjacent to Glacier Bay proper to be considered. In 
the case of halibut, this is Regulatory Sub-area 182; in the case of 
Tanner crab, this is Statistical area 114-23. These requirements are 
intended to address concerns regarding the difficulty of attributing 
harvest to Glacier Bay proper from landing reports, most particularly 
for the salmon troll fishery. NPS intends to work closely with the 
Alaska Commercial Fisheries Entry Commission, the National Marine 
Fisheries Service and other knowledgeable sources to identify permit 
owners who meet the eligibility criteria defined for the authorized 
commercial fisheries in Glacier Bay proper.
    The rule also closes certain inlets and areas, in the upper reaches 
of Glacier Bay proper, to commercial fishing and limits certain other 
areas to winter season trolling for king salmon by qualifying 
fishermen. There are a number of species-specific closure dates in 
Section 123, and the effective date of paragraph (a)(10)(i)-(iii) is 
delayed until January 1, 2000, to comply with the statute. The rule 
reaffirms closure of all designated wilderness areas in Glacier Bay 
National Park to commercial fishing activities.
    By authorizing existing commercial fisheries to continue in park 
waters outside of Glacier Bay proper, Section 123 and the rule permit 
fishing to continue where more than 80% of the commercial harvest 
(reported biomass) has historically occurred. Additional harvest will 
continue in most of Glacier Bay proper during the life tenancy period 
of qualifying fishermen, supporting fishermen and their communities for 
many years. Approximately 18% of the park's marine waters are closed to 
commercial fishing by Section 123 and this rule; these closed waters 
have historically accounted for less than 10% of the total commercial 
harvest in the park. Nothing in the rule is intended to modify or 
restrict non-commercial fishing activities otherwise authorized under 
federal and non-conflicting state fishing regulations, nor to affect 
legislatively authorized commercial fishing activities within Glacier 
Bay National Preserve.

Analysis of Public Comments

    Due to the enactment of Section 123 (on October 21, 1998), NPS 
reopened and extended the comment period on the 1997 proposed rule and 
the accompanying Environmental Assessment (63 FR 68665, December 11, 
1998; 64 FR 1573, January 11, 1999). NPS also mailed a copy of the 
Federal Register Notice of extension to persons and organizations that 
had previously submitted comments and invited them to provide 
additional comments in light of the new legislation. The analysis of 
public comment section in the re-proposed rule of August 2, 1999 (64 FR 
41854), includes a comprehensive analysis of 1,557 comments submitted 
in response to the proposed rule and the enactment of Section 123. That 
information has continuing applicability and supplements this analysis.

Overview of Public Comments

    The public comment period on the re-proposed rule for commercial 
fishing in Glacier Bay National Park was open from August 2 to 
September 16, 1999, and specifically sought input on the re-proposed 
eligibility criteria and application requirements for lifetime permits 
for authorized fisheries in Glacier Bay proper. NPS received 96 written 
comments, in the form of surface mail, faxes and electronic mail. NPS 
reviewed and considered all public comments submitted on the re-
proposed rule. A summary of substantive comments is outlined below.
    Thirty-seven percent of the comments received specifically stated 
support for some form of commercial fishing phase out in Glacier Bay 
National Park. Twenty-two percent specifically stated support for the 
continuation of commercial fishing.
    Of all the responses received, 59% specifically commented on the 
eligibility criteria for commercial fishing lifetime access permits. 
Among those, more than half (54%) supported less stringent eligibility 
criteria than that stated in the re-proposed rule. The remaining 
comments on eligibility (46%) supported the eligibility criteria as a 
minimum standard, including 30% who sought more stringent eligibility 
criteria. Comments ranged from suggestions for more relaxed criteria 
for lifetime permits, such as one year of fishing during the 
eligibility period, to calls for the stronger criteria as proposed in 
1997.
    Twenty-two percent of all respondents commented specifically on the 
application process for commercial fishing lifetime access permits. Of 
those, 67% supported a less stringent process than that stated in the 
re-proposed rule. Thirty-four percent supported the process, as the 
minimum standard that the NPS should set for application

[[Page 56457]]

approval, 20% of which sought a more stringent process.

General Comments

    Collectively, there were a number of comments and objections 
concerning various parts of the rule that, in fact, are derived 
directly from the statute. For example, a number of commenters 
requested that public comment be extended. Section 123 established a 
publication date of September 30, 1999, and NPS has used its best 
efforts to publish on that date; that necessarily affects the timing 
and length of the latest public comment period. It should also be noted 
that NPS has been actively seeking public comment for several years (as 
summarized at 64 FR 41856-8, August 2, 1999). Section 123 also requires 
that a ``sworn and notarized affidavit be submitted,'' not just 
licenses and fish tickets (landing receipts). Section 123 authorized 
lifetime permits for those holding ``a valid commercial fishing 
permit'' who otherwise qualify, not boat owners or deckhands. On this 
point, however, NPS notes that Section 123, as amended, provides $23 
million to compensate ``fish processors, fishing vessel crewmembers, 
communities and others negatively affected by the restrictions on 
commercial fishing in Glacier Bay National Park.'' One commenter (who 
will certainly qualify for a lifetime permit) felt he was ``singled-
out'' because, unlike most other limited entry permit holders, he likes 
to longline in the west arm of the bay above 58 deg.50' N latitude. 
Numerous commenters stated that commercial fishing was inappropriate in 
Glacier Bay and other national parks. NPS has considered these 
comments, but NPS must follow the statute. NPS also received many 
comments on related subjects that were, however, outside of the limited 
scope of this rule.

Regulatory Flexibility Analysis

    NPS received a number of comments on the initial regulatory 
flexibility analysis. Those comments are discussed below in the summary 
of the final regulatory flexibility analysis that NPS has prepared as 
required by 5 U.S.C. 604.

Rationale for the Qualifying Period

    A number of commenters questioned whether NPS had done enough to 
explain the method used to determine the necessary number of years in a 
given base year period to qualify for lifetime access to fish under the 
rule. One commenter felt that the NPS effort to ``mirror similar 
lengths of time that have been allowed in other state and federal 
limited entry programs'' was misplaced because ``those programs were 
influenced by conservation concerns.'' Other commenters, however, cited 
conservation concerns and the Glacier Bay 1996 Vessel Management Plan 
regulations which limits the amount of motor vessel traffic allocated 
to park visitors (61 FR 27008, May 30, 1996), to push for a shorter, 
more stringent phase out of commercial fishing. In the 1997 proposed 
rule, NPS proposed a longer history of participation in each fishery to 
prevent what the Wilderness Society now critically points out is 
possible: that people who started fishing after the 1991 rulemaking 
proposed to phase out all commercial fishing in seven years would be 
eligible for grandfather status to fish in Glacier Bay. However, even 
in that proposal, NPS recognized the need for some flexibility to 
ensure fairness to fishermen with a variable but recurring history of 
participation in Glacier Bay fisheries. Ultimately, and with public 
comment sharply divided, NPS selected shorter requirements for 
participation in the fishery in the qualifying base year periods (3 
years in a 10-year base for salmon and Tanner crab fisheries, and 2 
years in a 7-year base for halibut fisheries) to meet that objective. 
As a result, fishermen are required to show they have fished in Glacier 
Bay proper for approximately 30% of the years during the 7 and 10-year 
base periods to qualify. Resolving the commercial fishing issue in 
Glacier Bay has been a long and contentious process (see 64 FR 41856-9, 
August 2, 1999). Section 123 now directs NPS to decide who qualifies 
for lifetime access and who does not; NPS has drawn the line where it 
thinks it is fair, recognizing that it will not please everyone.

Cooperative Development of the Management Plan

    Several commenters questioned the role that NPS and the State of 
Alaska will play in the cooperatively developed management plan 
required by Section 123. The plan will guide the regulation of the 
existing authorized fisheries at Glacier Bay National Park. One 
commenter stated that it was an ``oversimplification'' for NPS to state 
that the State manages fisheries to maintain sustained yield. In 
response, NPS notes that the Alaska State Constitution states: ``Fish * 
* * and all other replenishable resources belonging to the State shall 
be utilized, developed, and maintained on the sustained yield 
principal, subject to preference among beneficial uses.'' Id. at 
Article VIII, Section 4. Another commenter questioned what NPS 
considers as park values and purposes, and many commenters questioned 
how NPS would protect the park's resources. After reviewing the re-
proposed rule, NPS agrees that some clarification is necessary. Section 
123 clearly states: ``the management plan shall provide for commercial 
fishing in the marine waters within Glacier Bay National Park * * * and 
shall provide for the protection of park values and purposes. * * *'' 
Id. Park values and purposes are identified in 16 U.S.C. 1, as amended, 
and are further defined by the enabling legislation and legislative 
history of Glacier Bay National Park. As a result, the cooperatively 
developed management plan must consider and respect the NPS mission in 
Glacier Bay National Park as defined and directed by Congress.
    Section 123 also requires the management plan to prohibit any new 
or expanded fisheries, and provide for the opportunity for the study of 
marine resources. Therefore, a legislatively-mandated component of the 
cooperative management plan is the accommodation of scientific study. 
Section 123 does not require that all federal and federally-approved 
research within the park fall under the plan. The final rule also 
contains a provision that directs the superintendent to compile a list 
of existing fisheries and gear types used in the outer waters. NPS will 
work with the State, outer water fishermen and the public to 
cooperatively develop this list. However, should new or expanded 
fishing activities threaten park resources during development of the 
cooperative plan, the superintendent may implement an interim list.
    Section 123 provides both a requirement and an opportunity for 
ongoing cooperation and collaboration between the State and federal 
government in the implementation of a jointly-developed fisheries 
management plan. NPS will work together with the State to provide the 
public with an opportunity to participate in the development of the 
cooperative management plan, independent of this rulemaking. NPS 
believes that the best long-term remedy for this jurisdictional issue 
is an effective State/federal cooperative relationship that: outlines 
and respects individual and collective agency roles and 
responsibilities; keeps lines of communication open; incorporates 
opportunities for public involvement in decision-making processes; and, 
ultimately, serves to implement the letter and spirit of the Section 
123, as amended. NPS intends to devote its energies towards this goal.

[[Page 56458]]

1996 Vessel Management Plan (VMP) Regulations

    A comment received from the Alaska Chapter of the Sierra Club 
stated that commercial fishing boats are not subject to the 1996 VMP 
regulations (36 CFR 13.65(b)). This assertion, however, is only 
partially correct; generally the VMP regulations apply to commercial 
fishing vessels. While commercial fishing vessels were exempted from 
the entry permit requirements of that rule by Sec. 13.65(b)(2)(iii)(D), 
this rule will require such boats to obtain a National Park Service 
permit to enter the bay, from June 1 through August 31. The Sierra Club 
comment correctly pointed out that commercial fishing vessels were 
exempted from the restriction on operating within one-quarter nautical 
mile of a whale (Sec. 13.65(b)(3)(i)). This exemption was made due to 
the slow speeds and deliberate courses that commercial fishing vessels 
follow. However, the whale waters restrictions at 
Sec. 13.65(b)(iv)(D)(1) apply unless a motor vessel (commercial or 
sport) is actually fishing (and not simply in transit). Seasonal motor 
vessel closures are specifically applicable (61 FR 27008, 27013, May 
30, 1996).
    NPS also notes that, regardless of whether an commercial fishing 
vessel operator possesses a commercial fishing lifetime access permit, 
the operator of a commercial fishing vessel can apply for a private 
vessel permit to enter Glacier Bay from June 1 through August 31, or 
visit Glacier Bay during the balance of the year, provided they follow 
the regulations that apply to private motor vessels and do not engage 
in commercial activities. Lifetime permittees are advised that the 
lifetime permit only allows access for commercial fishing; entering the 
park for other commercial purposes is prohibited, and entering Glacier 
Bay for recreation purposes (from June 1 through August 31) requires a 
private vessel permit. Commercial fishing vessels may, at any time, 
seek safe harbor in Glacier Bay National Park when faced with hazardous 
weather or sea conditions, mechanical problems, or other exigent 
circumstances.

Resource Violations

    One commenter suggested that a commercial fishing lifetime access 
permit holder who commits a resource violation in the park should have 
his or her permit revoked. Although NPS believes that most people who 
will qualify for the permit will respect park resources and 
regulations, NPS will not hesitate to ask a court to impose access 
restrictions on a permit holder who is convicted of serious or repeated 
offenses. NPS will also seek the State's support in including 
provisions to this effect in the cooperatively developed management 
plan. NPS believes that such action would be consistent with Congress' 
direction that the plan ``shall provide for the protection of park 
values and purposes.'' Section 123(a)(1).

Boundaries and Maps

    NPS will provide detailed maps and charts depicting non-wilderness 
and wilderness closures to every fisherman who receives a commercial 
fishing lifetime access permit for one of the three authorized Glacier 
Bay proper commercial fisheries. Others may contact the superintendent 
for a map of these closures.

Section by Section Analysis

    The regulations in this section implement the statutory 
requirements of Section 123 of the Omnibus Emergency and Supplemental 
Appropriations Act for FY 1999 (Section 123) (Pub. L. 105-277), as 
amended by Section 501 of the 1999 Emergency Supplemental 
Appropriations Act (Pub. L. 106-31.) Where possible, the language used 
in this section of the regulations mirrors the language used in Section 
123, as amended.
    Section 13.65(a)(1) of the regulations provides definitions for the 
terms ``commercial fishing'' and ``Glacier Bay'' and ``outer waters.'' 
The definition for ``commercial fishing'' is the same as used for the 
park's vessel regulations in Sec. 13.65(b) of Title 36 of the Code of 
Federal Regulations (36 CFR). The terms ``Glacier Bay'' and ``outer 
waters'' are used in these regulations to describe marine water areas 
of the park that are to be regulated differently under requirements of 
Section 123. The definition for ``Glacier Bay'' mirrors the definition 
for ``Glacier Bay Proper'' that is provided in Section 123, and is also 
essentially the same as the definition used in 36 CFR 13.65(b)(1). The 
term ``outer waters'' is used to describe all of the marine waters of 
the park outside of Glacier Bay proper. This includes areas of Icy 
Straits, Cross Sound, and coastal areas on the Gulf of Alaska running 
from Cape Spencer to Sea Otter Creek, beyond Cape Fairweather.
    Section 13.65(a)(2) of the regulations provides authorization for 
commercial fishing to continue in the non-wilderness marine waters of 
the park, as specifically provided for by Section 123, as amended. In 
addition to Glacier Bay, park waters that are affected by Section 123 
include all of the ``outer waters'' of the park outside of Glacier Bay. 
This authorization for commercial fishing supercedes the general 
regulatory prohibition on commercial fishing in the park found at 36 
CFR 2.3(d)(4). The authorization, however, does not supercede other NPS 
regulations or exempt commercial fishermen or their vessels from any 
other generally applicable park regulations. Commercial fishing 
activities are to be conducted and managed in concert with park 
purposes and values. Paragraph (i) reflects the Section 123 requirement 
that the State of Alaska and the Secretary of the Interior 
cooperatively develop a fisheries management plan to guide the 
regulation of commercial fisheries in the park that will: reflect the 
requirements of Section 123, other applicable federal and state laws, 
and international treaties; serve to protect park values and purposes; 
prohibit new or expanded commercial fisheries; and, provide opportunity 
for the study of marine resources. Paragraph (ii) clarifies that waters 
designated as wilderness are closed to commercial fishing and related 
commercial activities. Paragraph (iii) has been added to address the 
Section 123 prohibition on any new or expanded fisheries and provides a 
mechanism for future implementation of that prohibition. Paragraph (iv) 
informs the public that maps and charts of the affected waters 
available from the superintendent.
    Section 13.65(a)(3) of the regulation implements Section 123 
requirements that the commercial fisheries in Glacier Bay are limited 
to longlining for halibut, pot or ring net fishing for Tanner crab, and 
trolling for salmon. These are the only commercial fisheries authorized 
to continue in Glacier Bay. Paragraph (ii) limits participation in the 
authorized commercial fisheries in Glacier Bay to individuals who have 
a non-transferable commercial fishing lifetime access permit issued by 
the superintendent. The requirement for this lifetime access permit 
will not go into effect until October 1, 2000. The delayed 
implementation date (the re-proposed rule would have adopted January 1, 
2000, as the implementation date) is intended to allow sufficient time 
for fishermen to apply for, and receive, their access permits before 
the permit requirement takes effect. Fishermen are strongly advised to 
apply well before the October 1, 2000, deadline to ensure that their 
application is processed and approved by that date. This section also 
makes clear that the permits are non-transferable--reflecting the 
language and requirements of Section 123. However, if a temporary 
emergency transfer of a permit is approved by the Commercial Fisheries 
Entry

[[Page 56459]]

Commission (CFEC) due to illness or disability of a temporary, 
unexpected and unforeseen nature, NPS will also consider issuing a 
temporary lifetime access permit transfer for the period (generally, 
one year or less). In response to public comment, paragraph (iii) has 
been added to better protect park resources. This paragraph also 
provides a mechanism for future implementation of the cooperatively 
developed management plan.
    Section 13.65(a)(4) of this regulation restates the Section 123 
requirement that an applicant must possess a valid State limited entry 
commercial fishing permit for the district or statistical area 
encompassing Glacier Bay, for each fishery for which a lifetime access 
permit is being sought. Paragraph (ii) outlines the specific 
eligibility requirements that must be met to obtain a lifetime access 
permit for an authorized fishery in Glacier Bay. An applicant must have 
participated as a limited entry permit holder for the minimum number of 
years in the established base years period, and in the district or 
statistical area encompassing Glacier Bay, for each authorized fishery, 
for each fishery for which a lifetime access permit is being sought. 
These eligibility criteria have undergone a Regulatory Flexibility Act 
analysis, and have been determined to meet the goals of this 
regulation, while seeking to minimize impacts to commercial fishermen 
and other affected small businesses to the extent consistent with 
Section 123, as amended. A 12-month application period to obtain a 
lifetime access permit is described; conclusion of the eligibility 
determinations by October 1, 2000, may be important to ensure 
completion of the $23 million compensation program authorized by 
Congress in the 1999 amendment to Section 123. Section 13.65(a)(5) 
outlines the specific type of documentation that an applicant must 
provide to the superintendent to obtain a lifetime access permit. 
Section 123 requires fishermen to provide a sworn and notarized 
personal affidavit attesting to their history of participation as a 
limited entry permit holder within Glacier Bay, during the qualifying 
period, for each fishery for which a lifetime access permit is being 
sought. NPS will provide a simple affidavit form to applicants upon 
request. Section 123 also requires applicants to provide other 
documentation that corroborates their history of participation in the 
fishery, and a copy of their current State of Alaska limited entry 
permit (and in the case of halibut, an International Pacific Halibut 
Commission quota share) that is valid for the area that includes 
Glacier Bay for each fishery for which a lifetime access permit is 
sought. Licensing and landing histories--two types of readily available 
corroborating documentation--are required by this regulation. A 
certified printout of an applicant's licensing history in a fishery is 
available at no charge from the CFEC. The licensing history 
corroborates participation in the fishery during the qualifying years. 
Landing reports, documenting an applicant's harvest activities in a 
specific commercial fishery by year and location, are available at no 
charge from the Alaska Department of Fish and Game (ADFG). A form is 
required from ADFG to obtain this information. NPS is aware of the 
limitations of some landing data. There is, for example, no separate 
statistical reporting unit for Glacier Bay for salmon trolling. 
Accordingly, the superintendent will consider salmon landing reports 
for District 114 as indirect evidence of participation in the Glacier 
Bay fishery, provided that such reports are supported by additional 
corroborating documentation of Glacier Bay landings. For the halibut 
and Tanner crab fisheries, because specific reporting areas are 
described for Glacier Bay, the superintendent may consider landing data 
from a unit or area immediately adjacent to Glacier Bay when additional 
and convincing corroborating documentation of landings in Glacier Bay 
is included. Landing reports must be for the reporting area immediately 
adjacent to Glacier Bay to be considered.
    Section 13.65(a)(6) establishes October 1, 2000, as the deadline to 
apply for a commercial fishing lifetime access permit. This section 
also publishes the address where applications must be sent. Fishermen 
are strongly advised to apply well before the October 1, 2000, deadline 
to ensure their application is processed and approved by that date.
    Section 13.65(a)(7) clarifies that the superintendent will make a 
written determination and provide a copy to the applicant. Applicants 
will be afforded an opportunity to provide additional information, if 
it is required. NPS anticipates that it could take 45 days or more to 
process and respond to an application, depending on the volume and 
completeness of the applications received. For this reason, applicants 
are strongly advised to apply well before the October 1, 2000, 
deadline, or at least 45 days in advance of anticipated fishing 
activities in Glacier Bay if that date is sooner.
    Subsection 13.65(a)(8) describes the appeal procedures for an 
applicant to follow if the superintendent finds the applicant to be 
ineligible. These procedures are similar to those in place for other 
NPS permit programs in Alaska.
    Subsection 13.65(a)(9) makes clear that the lifetime access permits 
to the Glacier Bay proper commercial fisheries are renewable for the 
lifetime of an access permit holder, provided they continue to hold a 
valid commercial fishing permit and are otherwise eligible to 
participate in the fishery under federal and State laws. NPS expects to 
reissue the lifetime access permits on a five-year cycle. This will 
provide an opportunity for NPS to occasionally update the list of 
fishermen authorized to commercial fish in Glacier Bay. NPS will not 
charge a fee for these permits. Access permits will not be required for 
commercial fisheries authorized in the marine waters of the park 
outside Glacier Bay.
    Section 13.65(a)(10), paragraphs (i)-(iii) describe several non-
wilderness inlets within Glacier Bay that Section 123 closed to 
commercial fishing. The 1999 amendments to Section 123 delay 
implementation of these non-wilderness closures during the 1999 fishing 
season for the commercial halibut and salmon troll fisheries. The rule, 
therefore, delays the effective date of these three paragraphs until 
December 31, 1999, to accommodate the provisions of the Section 123 
amendments. Wilderness areas, however, remained closed to all 
commercial fishing under the 1999 amendments, with no delay in 
implementation; these closures were put into effect by NPS on June 15, 
1999. NPS will provide detailed maps and charts depicting these non-
wilderness and wilderness closures to fisherman who receive a lifetime 
access permit for an authorized Glacier Bay proper commercial fishery. 
Paragraph (i) implements the closure of Tarr Inlet, Johns Hopkins 
Inlet, Reid Inlet, and Geike Inlet to all commercial fisheries. These 
closures include the entirety of each of these inlets, as depicted on 
the maps and charts available from the superintendent. Paragraph (ii) 
describes the general closure of the west arm of Glacier Bay to 
commercial fishing, with the exception of trolling for king salmon by 
authorized commercial salmon fishermen during the State's winter season 
troll fishery (as per Section 123). Paragraph (iii) describes the 
general closure of the east arm of Glacier Bay north of a line drawn 
across the mouth of the arm from Point Caroline through the southern 
point of Garforth Island to the east shore mainland, with a similar 
exception that allows authorized salmon fishermen to troll for king 
salmon

[[Page 56460]]

during the State's winter troll fishery ``south of a line drawn across 
Muir Inlet at the southernmost point of Adams Inlet.'' Section 
123(a)(4). This line is described in this subsection as 58 deg.50'N 
latitude, a description more readily understood by commercial 
fishermen.
    Drafting Information: The primary authors of this rule are Randy 
King, Chief Ranger, Mary Beth Moss, Chief of Resource Management, and 
Chad Soiseth, Aquatic Biologist, Glacier Bay National Park and 
Preserve; and Donald J. Barry, Assistant Secretary of the Interior for 
Fish and Wildlife and Parks. Other key contributors include Molly Ross, 
Special Assistant to the Assistant Secretary for Fish and Wildlife and 
Parks; Marvin Jensen and John Hiscock of the National Park Service. 
Paul Hunter, National Park Service Alaska Support Office; and Russel J. 
Wilson, Denali National Park and Preserve also contributed.
    The regulatory language of the re-proposed rule has been converted 
to the question and answer format in accordance with the Department of 
the Interior, Office of Regulatory Affairs, policy on Plain Language. 
No substantive changes to the proposed language have been made.

Compliance with Other Laws

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act of 1980, as amended, 5 U.S.C. 
601 et seq., the NPS has determined that this rule will have a 
significant impact on a substantial number of small business entities. 
The NPS has summarized the final regulatory flexibility analysis on the 
expected impact of this rule on those small business entities as 
follows.
    (1) This Rule is published in accordance with the provisions of 
Section 123 of the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act for FY 1999 (Section 123), as amended. The rule 
establishes special regulations for commercial fishing in the marine 
waters of Glacier Bay National Park. The rule implements provisions in 
Section 123 by:
     Closing specifically identified areas of non-wilderness 
waters in Glacier Bay proper and all wilderness waters within Glacier 
Bay National Park to commercial fishing.
     Limiting commercial fishing in Glacier Bay proper to three 
specific commercial fisheries.
     Establishing a ``grandfathering'' process to allow 
qualifying fishermen in the three authorized commercial fisheries to 
continue fishing in the remaining waters of Glacier Bay proper under 
nontransferable lifetime permits.
     Clarifying that the marine waters of Glacier Bay National 
Park outside of Glacier Bay proper will remain open to various existing 
commercial fisheries.
    (2) The following is a summary of the comments relating to the 
initial Regulatory Flexibility Analysis and the NPS assessment and 
response.
    Several commenters challenged the NPS analysis of the impact the 
rule would have on small entities under the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.). One commentator specifically contended that NPS 
was incorrect in certifying that the rule did not have a significant 
economic impact on a substantial number of small entities, and should 
therefore have conducted the analysis required under the Regulatory 
Flexibility Act. NPS would like to point out that for the August 2, 
1999 re-proposed rule it did not so certify, and that it did conduct 
the Regulatory Flexibility Analysis required under 5 U.S.C. 601 et seq.
    Another commenter asked whether NPS took into account the effects 
which the rule would have on the value of assets, (e.g., vessels, 
fishing gear, permits). NPS stated in its economic analysis that it did 
not account for the effect of the rule on assets. NPS believes that any 
asset effects will be small for two reasons: (1) the market for used 
equipment is extensive and the effect of fishing restrictions in one 
venue (Glacier Bay) on market prices is minimal, and (2) there are 
opportunities for fishermen displaced to replace significant portions 
of lost revenues in other fishing venues. Further, Congress has 
appropriated funds to compensate for estimated economic losses. Since 
NPS and the State of Alaska have not yet developed the decision rules 
and eligibility criteria for dispensing these funds, the opportunity to 
identify effects that warrant compensation still exists.
    Several commenters argued that the NPS's analysis was flawed, and 
in particular, that: the analysis did not meet the standards of 5 
U.S.C. 601 et seq.; NPS did not reveal the details of its study design; 
and, NPS failed to use the best scientific data available. NPS 
consulted extensively with staff at the Small Business Administration 
regarding the design of the study, and was careful to comply with the 
standards of 5 U.S.C. 601 et seq. Although NPS did not publish the 
State of Alaska's Commercial Fisheries Entry Commission (CFEC) data, 
nor the individual calculations made therefrom, it fully described the 
nature of these calculations and published the cumulative results. The 
NPS also used the best scientific data available for its analysis.
    A few commenters questioned NPS's finding that the rule is not a 
significant regulatory action for purposes of E.O. 12866 (Regulatory 
Planning and Review) and 2 U.S.C. 1501 et seq. (Unfunded Mandates 
Reform Act). In response, NPS notes that we have determined that the 
rule is significant under E.O. 12866 but not under 2 U.S.C. 1501. The 
NPS estimated that the present value of the income effects of the rule 
would be less than $9.2 million. A present value of $9.2 million is 
equivalent to $276,000 annually, assuming a discount rate of 3% in 
perpetuity, or $358,000 annually, if the full impact is absorbed over 
50 years. NPS used the best scientific data available to arrive at this 
estimate, and made what it believed to be very conservative assumptions 
in conducting the analysis. As described in the economic analysis, NPS 
based its analysis on (1) data collected by the CFEC on harvest sizes 
and values, location of catch, and permittee participation by venue and 
(2) two studies conducted by Dr. Jeff Hartman, Alaska Department of 
Fish and Game. NPS has confidence in Dr. Hartman's analysis; it was 
carefully designed and executed and formed the basis of Congress's $23 
million appropriation for compensation.
    No changes were made in the Final Rule as a result of the public 
comment detailed above. NPS notes, however, that the eligibility 
criteria adopted by this rule (as proposed in the re-proposed rule) are 
less stringent than the criteria originally proposed in the 1997 
proposed rule. NPS chose the less stringent criteria because public 
comment and the initial regulatory flexibility analysis led NPS to 
conclude that the more stringent criteria would have adversely affected 
the economic well being of an unacceptably high number of fishermen as 
well as local communities.
    (3) The rule will apply primarily to current holders of a valid 
limited-entry, commercial fishery permit for Tanner crab, halibut, and/
or salmon troll fisheries that have fished within Glacier Bay proper or 
adjacent areas over the ten year period 1989-98. Because some permit 
holders may hold permits for multiple fisheries and because statistical 
reporting units for which permit holders report their catch align 
poorly with park boundaries or have changed configuration over time it 
is extremely difficult to estimate the number of permit holders 
impacted by the rule (i.e., those displaced by, or not qualifying to 
continue fishing under, the

[[Page 56461]]

rule). Our best estimates, obtained from the CFEC, indicate that 40-50 
Tanner crabbers, 80-220 halibut fishermen, 80-330 hand trollers and 
100-380 power trollers would be displaced from Glacier Bay proper. 
Estimates for salmon trollers encompass both summer and winter 
fisheries openings for Statistical Area 114, which includes Cross Sound 
and Icy Strait in addition to Glacier Bay proper. The troll fishery in 
the Bay proper typically occurs during the winter opening and the 
number of affected entities is most likely closer to the lower estimate 
for this fishery. Other small entities which are likely to be affected 
by this final rule include: vessel owners who are not permit holders, 
crew members, seafood processing firms, seafood processing laborers, 
lost tax revenues to local government jurisdictions, and fishing 
support sector small entities in local communities (i.e., chandlerys, 
fishing gear and hardware stores, fuel sales, grocery stores, boat 
mechanics, etc.). Fewer than 40 vessel owners who are not permit 
holders are currently estimated to be affected by this final rule, 
although the number of vessels that will continue to be leased by 
qualifying permit holders and will continue to participate in Glacier 
Bay proper fisheries is unknown. It is currently not possible to 
estimate the number of small entities in these other classes because 
many of the spatial and temporal parameters of projected affects are 
currently not well known.
    (4) The projected reporting, record keeping and other compliance 
requirements are described in the rule. Section 13.65(a)(5) outlines 
the specific type of documentation that an applicant must provide to 
the superintendent to obtain a lifetime access permit. Section 123 
requires fishermen to provide a sworn and notarized personal affidavit 
attesting to their history of participation as a limited permit holder 
within Glacier Bay, during the qualifying period, for each fishery for 
which a lifetime access permit is being sought. Section 123 also 
requires applicants to provide other documentation that corroborates 
their history of participation in the fishery, and a copy of their 
current State of Alaska limited entry permit (and in the case of 
halibut, an International Pacific Halibut Commission quota share) that 
is valid for the area that includes Glacier Bay for each fishery for 
which a lifetime access permit is sought. Licensing and landing 
histories--two types of readily available corroborating documentation--
are required by this regulation. A certified printout of an applicant's 
licensing history in a fishery is available at no charge from the CFEC. 
The licensing history corroborates participation in the fishery during 
the qualifying years. Landing reports, documenting an applicant's 
harvest activities in a specific commercial fishery by year and 
location, are available at no charge from the Alaska Department of Fish 
and Game (ADFG).
    The classes of small entities which will be subject to the 
requirement are current limited entry permit holders for the Glacier 
Bay commercial halibut fishery who have participated as a permit holder 
in that fishery for at least two years during the period 1992-1998, and 
current limited entry permit holders for the Glacier Bay salmon or 
Tanner crab commercial fisheries who have participated as a permit 
holder in that fishery for at least three years during the period 
1989--1998. No professional skills are necessary for preparation of the 
report or record. All necessary materials are available either from 
ADFG or the CFEC.
    (5) NPS has and will continue to mitigate the significant economic 
impact on small entities impacted by this statute by the following 
actions:
     This rule adopts October 1, 2000 as the effective date of 
the Glacier Bay proper permit requirement, rather than the re-proposed 
rule date of January 1, 2000 to give applicants more time to collect 
the required documentation and apply for the permit.
     This rule selected the less stringent eligibility criteria 
for lifetime permits that was published in the re-proposed rule (two 
years in seven, and three years in ten) rather than the eligibility 
criteria that was originally proposed (six years in ten).
     NPS will administer, in a fair and timely manner, the 
mandated 23 million dollar compensation program, which will recompense 
small entities affected by the phase-out of commercial fishing in 
specified areas of Glacier Bay National Park.
    Most aspects of the rule are direct requirements of Section 123. 
Section 123 also directed the Secretary of the Interior to determine 
the eligibility criteria for the Glacier Bay fishery. The eligibility 
criteria adopted by this rule (as proposed in the re-proposed rule) is 
less stringent than the criteria originally proposed in the 1997 
proposed rule. NPS chose the less stringent criteria because public 
comment and the initial regulatory flexibility analysis led NPS to 
conclude that the more stringent criteria would have adversely affected 
the economic well being of an unacceptably high number of fishermen as 
well as local communities. The reasons for not selecting alternative 
criteria are discussed extensively both above and in the re-proposed 
rule (64 FR 41854, 41860-63, August 2, 1999).
    NPS has placed a copy of the final regulatory flexibility analysis 
on file in the Administrative Record at the address specified in the 
ADDRESSES section. Copies are available upon request.

Regulatory Planning and Review

    This document is a significant rule and has been reviewed by the 
Office of Management and Budget under Executive Order 12866.
    a. This rule will not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, the 
environment, or other units of government. Jobs in local Alaska 
communities will be lost and a Federally funded compensation program 
will mitigate the economic impacts on individuals and the communities. 
An economic analysis has been completed and is attached (See Regulatory 
Flexibility Act Section). With this rule we are establishing 
eligibility requirements and application procedures for obtaining a 
permit for lifetime access to three commercial fisheries authorized in 
Glacier Bay proper.
    b. This rule will not create inconsistencies with other agencies' 
actions. Section 123 calls for the Secretary and the State of Alaska to 
cooperate in the development of a management plan to regulate these 
ongoing commercial fisheries. Certain inlets or areas of inlets of 
Glacier Bay proper are either closed to all commercial fishing, or 
limited to trolling by qualifying fishermen for king salmon during the 
winter season. Section 123 confirms the statutory prohibition on 
commercial fishing within the Park's designated wilderness areas, and 
authorizes compensation for qualifying Dungeness crab fishermen who had 
fished in designated wilderness waters of the Beardslee Islands and 
Dundas Bay.
    c. This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
This rule implements and establishes eligibility requirements and 
application procedures for obtaining a permit for lifetime access to 
three commercial fisheries authorized in Glacier Bay proper.
    d. This rule raised novel legal or policy issues regarding the 
management of fisheries in Glacier Bay National Park.

[[Page 56462]]

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under the Congressional review 
provisions of the Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 804(2)). This rule:
    a. does not have an effect on the economy of $100 million or more, 
as demonstrated in the economic analysis;
    b. will not cause an increase in costs or prices for consumers, 
individual industries, Federal, State or local government entities, or 
geographic regions;
    c. does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises (See 
Regulatory Flexibility Act Section).

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1502 
et seq.):
    a. This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. This rule 
does not change the relationship between the NPS and small governments.
    b. The Department has determined and certifies pursuant to the 
Unfunded Mandates Reform Act that this rule will not impose a cost of 
$100 million or more in any given year on local, State or tribal 
governments or private entities. (See Regulatory Flexibility Act 
Section.)

Takings

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. No takings of personal property will 
occur as a result of this rule. Perceived takings due to job loss will 
be offset by the compensation program. This rule implements and 
establishes eligibility requirements and application procedures for 
obtaining a permit for lifetime access to three commercial fisheries 
authorized in Glacier Bay proper. (See Regulatory Flexibility Act 
Section.)

Federalism

    In accordance with Executive Order 12612, the rule does not have 
significant Federalism effects. The primary effect of this rule is to 
implement eligibility requirements and application procedures for 
obtaining a permit for lifetime access to three commercial fisheries 
authorized in waters of Glacier Bay National Park.

Civil Justice Reform

    The Department has determined that this rule meets the applicable 
standards provided in Section 3(a) and 3(b)(2) of Executive Order 
12988. The rule does not unduly burden the judicial system. NPS drafted 
this rule in plain language to provide clear standards and to ensure 
that the rule is easily understood. We consulted with the Department of 
the Interior's Office of the Solicitor during the drafting process.

Paperwork Reduction Act

    This rule contains information collection requirements subject to 
Office of Management and Budget (OMB) approval under the Paperwork 
Reduction Act of 1995. The collection of information contained in 
section 13.65(a)(5)(iii) of this rule is for issuing a permit for 
lifetime access to three authorized commercial fisheries within Glacier 
Bay proper based upon sufficient historical participation. The 
information collected will be used to determine who qualifies for the 
issuance of a permit for lifetime access. It is necessary for someone 
to apply to obtain a permit.
    Specifically, NPS needs the following information from an applicant 
to issue a permit for lifetime access to the salmon troll fishery, 
Tanner crab pot and ring net fishery, and halibut longline fishery 
authorized within Glacier Bay proper: (1) Full name, date of birth, 
mailing address and phone number. (2) A sworn and notarized personal 
affidavit attesting to the applicant's history of participation as a 
limited entry permit or license holder in one or more of the three 
authorized Glacier Bay fisheries during the qualifying years. (3) A 
copy of a current State or--in the case of halibut--International 
Pacific Halibut Commission commercial fishing permit card or license 
that is valid for the area including Glacier Bay proper. (4) 
Documentation of commercial landings within the statistical units or 
areas that include Glacier Bay proper during the qualifying period. (5) 
Any available corroborating information that can assist in a 
determination of eligibility for the lifetime access permits for the 
three authorized fisheries within Glacier Bay proper.
    NPS has submitted the necessary documentation to the Office of 
Management and Budget under 44 U.S.C. 3501 et seq., and received 
approval for the collection of this information for all areas covered 
by this rule under permit number 1024-0125.
    The public reporting burden for the collection of this information 
is estimated to average less than two hours per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden of these information 
collection requests, to Information Collection Officer, National Park 
Service, 800 North Capitol Street, Washington, DC 20001; and the Office 
of Management and Budget, Office of Information and Regulatory Affairs, 
Attention: Desk Officer for Department of the Interior (1024-0125), 
Washington, DC 20503.

National Environmental Policy Act

    In April 1998, NPS released a comprehensive Commercial Fishing 
Environmental Assessment (EA) that described and addressed the 
potential environmental impacts of the proposed action (the 1997 
proposed rule) and four alternatives for managing commercial fishing 
activities in the marine waters of the park. On October 21, 1998 
Section 123 of the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act for FY 1999 (Section 123), was passed by Congress 
and signed into law. Congress passed Section 123 toward the end of what 
had already been an extended public involvement and comment period on 
the 1997 proposed rule and 1998 EA. Congress, in passing Section 123, 
clarified and limited the Secretary of the Interior's discretionary 
authority with respect to authorizing commercial fishing in Glacier Bay 
National Park. Section 123 required the Secretary to describe 
eligibility criteria for the lifetime access permits for Glacier Bay 
proper, closed certain named inlets and wilderness waters, and 
clarified that the outer marine waters of the park should remain open 
to existing fisheries under a cooperatively developed state/federal 
management plan. Based on the information in the EA a finding of no 
significant impact was determined and no environmental impact statement 
will be prepared.

Effective Date

    In accordance with 5 U.S.C. (d)(3) this rule is effective October 
20, 1999, with the exception of paragraphs (a)(10) (i)-(iii) which take 
effect on January 1, 2000. We find good cause to implement this 
regulation to meet the requirement mandated by Congress in Pub. L. 106-
31 Sec. 501(e).

List of Subjects in 36 CFR Part 13

    Alaska, National parks, Reporting and recordkeeping requirements.


[[Page 56463]]


    For the reasons stated in the preamble, the National Park Service 
amends 36 CFR part 13 as follows:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

    1. The authority citation for part 13 is amended 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), 20, 1361, 1531, 3197; Pub. L. 105-
277, 112 Stat. 2681, October 21, 1998; Pub. L. 106-31, 113 Stat. 57, 
May 21, 1999.

    2. Section 13.65 is amended by adding paragraph (a) and removing 
and reserving paragraphs (b)(5) and (b)(6) to read as follows:


Sec. 13.65  Glacier Bay National Park and Preserve.

    (a) Commercial fishing: authorizations, closures and restrictions.
    (1) What terms do I need to know?
    (i) Commercial fishing means conducting fishing activities under 
the appropriate commercial fishing permits and licenses as required and 
defined by the State of Alaska.
    (ii) Glacier Bay means all marine waters within Glacier Bay 
National Park, including coves and inlets, north of an imaginary line 
drawn from Point Gustavus to Point Carolus.
    (iii) Outer waters means all of the non-wilderness marine waters of 
the park located outside of Glacier Bay.
    (2) Is commercial fishing authorized in the marine waters of 
Glacier Bay National Park? Yes--Commercial fishing is authorized within 
the outer waters of the park and within the non-wilderness waters of 
Glacier Bay, subject to the provisions of this chapter.
    (i) Commercial fishing shall be administered pursuant to A 
cooperatively developed State/federal park fisheries management plan, 
international conservation and management treaties, and existing 
federal and Non-conflicting State law. The management plan shall 
provide for the protection of park values and purposes, the prohibition 
on any new or expanded fisheries, and the opportunity to study marine 
resources.
    (ii) Commercial fishing or conducting an associated buying or 
processing operation in wilderness waters is prohibited.
    (iii) A new or expanded fishery is prohibited. The Superintendent 
shall compile a list of the existing fisheries and gear types used in 
the outer waters and follow the procedures in Secs. 1.5 and 1.7 of this 
chapter to inform the public.
    (iv) Maps and charts showing which marine areas of Glacier Bay are 
closed to commercial fishing are available from the Superintendent.
    (3) What types of commercial fishing are authorized in Glacier Bay? 
Three types of commercial fishing are authorized in Glacier Bay non-
wilderness waters: longline fishing for halibut; pot and ring fishing 
for Tanner crab; and trolling for salmon.
    (i) All other commercial fishing, or a buying or a processing 
operation not related to an authorized fishery is prohibited in Glacier 
Bay.
    (ii) On October 1, 2000, each fishery will be limited to fishermen 
who qualify for a non-transferable commercial fishing lifetime access 
permit (see paragraph (a)(4) of this section). Commercial fishing 
without a permit issued by the superintendent, or other than in 
accordance with the terms and conditions of the permit, is prohibited.
    (iii) The Superintendent shall include in a permit the terms and 
conditions that the superintendent deems necessary to protect park 
resources. Violating a term or condition of the permit is prohibited.
    (4) Who is eligible for a Glacier Bay commercial fishing lifetime 
access permit? A Glacier Bay commercial fishing lifetime access permit 
will be issued by the superintendent to fishermen who have submitted 
documentation to the superintendent, on or before October 1, 2000, 
which demonstrates to the satisfaction of the superintendent that:
    (i) They possess valid State limited entry commercial fishing 
permits for the district or statistical area encompassing Glacier Bay 
for each fishery for which a lifetime access permit is being sought; 
and,
    (ii) They have participated as limited entry permit holders for the 
district or statistical area encompassing Glacier Bay for each fishery 
for which a lifetime access permit is being sought.
    (A) For the Glacier Bay commercial halibut fishery, the Applicant 
must have participated as a permit holder for at least two years during 
the period 1992-1998.
    (B) For the Glacier Bay salmon or Tanner crab commercial fisheries, 
the applicant must have participated as a permit holder for at least 
three years during the period 1989-1998.
    (5) What documentation is required to apply for a commercial 
fishing lifetime access permit? The required documentation includes:
    (i) The applicants full name, date of birth, mailing address and 
phone number;
    (ii) A notarized affidavit, sworn by the applicant, attesting to 
his or her history of participation as a limited permit holder in 
Glacier Bay, during the qualifying period, for each fishery for which a 
lifetime access permit is being sought;
    (iii) A copy of the applicant's current State of Alaska limited 
entry permit and in the case of halibut an International Pacific 
Halibut Commission quota share, that is valid for the area that 
includes Glacier Bay, for each fishery for which a lifetime access 
permit is sought;
    (iv) Proof of the applicant's permit and quota share history for 
the Glacier Bay fishery during the qualifying period;
    (v) Documentation of commercial landings for the Glacier Bay 
fishery during the qualifying periods, i.e., within the statistical 
unit or area that includes Glacier Bay: for halibut, regulatory sub-
area 184; for Tanner crab, statistical areas 114-70 through 114-77. For 
salmon, the superintendent will consider landing reports from District 
114; however, the superintendent may require additional documentation 
that supports the applicant's declaration of Glacier Bay salmon 
landings. For halibut and Tanner crab, the superintendent may consider 
documented commercial landings from the unit or area immediately 
adjacent to Glacier Bay (in Icy Strait) if additional documentation 
supports the applicant's declaration that landings occurred in Glacier 
Bay.
    (vi) Any additional corroborating documentation that might assist 
the superintendent in a timely determination of eligibility for the 
access permits.
    (6) Where should the documentation for a lifetime access permit be 
sent? Before October 1, 2000, all required information (as listed in 
paragraph (a)(5) of this section) should be sent to: Superintendent, 
Attn: Access Permit Program, Glacier Bay National Park and Preserve, 
P.O. Box 140, Gustavus, Alaska 99826.
    (7) Who determines eligibility? The superintendent will make a 
written determination of an applicant's eligibility for the lifetime 
access permit based on information provided. A copy of the 
determination will be mailed to the applicant. If additional 
information is required to make an eligibility determination, the 
applicant will be notified in writing of that need and be given an 
opportunity to provide it.
    (8) Is there an appeals process if a commercial fishing lifetime 
access permit application is denied? Yes--If an applicant's request for 
an a commercial fishing lifetime access permit is denied, the 
superintendent will provide the applicant with the reasons for the 
denial in writing within 15 days of the

[[Page 56464]]

decision. The applicant may appeal to the Regional Director, Alaska 
Region, within 180 days. The appeal must substantiate the basis of the 
applicant's disagreement with the Superintendent's determination. The 
Regional Director (or his representative) will meet with the applicant 
to discuss the appeal within 30 days of receiving the appeal. Within 15 
days of receipt of written materials and the meeting, if requested, the 
Regional Director will affirm, reverse, or modify the Superintendent's 
determination and explain the reasons for the decision in writing. A 
copy of the decision will be forwarded promptly to the applicant and 
will be the final agency action.
    (9) How often will commercial fishing lifetime access permit be 
renewed? The superintendent will renew lifetime access permit at 5-year 
intervals for the lifetime of a permittee who continues to hold a valid 
State limited entry commercial fishing permit, and for halibut an 
International Pacific Halibut Commission quota share, and is otherwise 
eligible to participate in the fishery under federal and State law.
    (10) What other closures and restrictions apply to commercial 
fishermen and commercial fishing vessels?
    The following are prohibited:
    (i) Commercial fishing in the waters of Geikie, Tarr, Johns Hopkins 
and Reid Inlets.
    (ii) Commercial fishing in the waters of the west arm of Glacier 
Bay north of 58 deg.50'N latitude, except commercial fishermen who have 
been authorized by the superintendent to troll for salmon may troll for 
king salmon during the period October 1 through April 30, in compliance 
with state commercial fishing regulations.
    (iii) Commercial fishing in the east arm of Glacier Bay, north of 
an imaginary line running from Point Caroline through the southern 
point of Garforth Island and extending to the east side of Muir Inlet, 
except commercial fishermen who have been authorized by the 
superintendent to troll for salmon may troll for king salmon south of 
58 deg.50'N latitude during the period October 1 through April 30, in 
compliance with state commercial fishing regulations.
    (b) * * *
    (5) [Reserved]
    (6) [Reserved]
* * * * *
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-27297 Filed 10-19-99; 8:45 am]
BILLING CODE 4310-70-P