[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Rules and Regulations]
[Pages 3659-3664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27483]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-MORA-34555; Docket No. NPS-2022-0002; PPPWMORAS1 PPMPSPD1Z.YM0000]
RIN 1024-AE66


Mount Rainier National Park; Fishing

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service removes from the Code of Federal 
Regulations special fishing regulations for Mount Rainier National 
Park, including those that restrict the take of nonnative species. 
Instead, the National Park Service will publish closures and 
restrictions related to fishing in the Superintendent's Compendium for 
the park. This action helps implement a 2018 Fish Management Plan that 
aims to conserve native fish populations and restore aquatic ecosystems 
by reducing or eliminating nonnative fish.

DATES: This rule is effective on February 21, 2023.

ADDRESSES: 
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov and search for 
``1024-AE66.''
    Document Availability: The Mount Rainier National Park Fish 
Management Plan Environmental Assessment and Finding of No Significant 
Impact provide information and context for this rule and are available 
online at https://parkplanning.nps.gov/mora by clicking the link 
entitled ``Archived Projects'' and then clicking the link entitled 
``2018 Mount Rainier National Park Fisheries Management Plan 
Environmental Assessment and Finding of No Significant Impact'' and 
then clicking the link entitled ``Document List.''

FOR FURTHER INFORMATION CONTACT: Kevin Skerl, Deputy Superintendent, 
Mount Rainier National Park, National Park Service; phone: (360) 569-
2211; email: [email protected]. Individuals in the United States who 
are deaf, deafblind, hard of hearing, or have a speech disability may 
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: 

Background

Significance of the Park

    Mount Rainier National Park encompasses 236,381 acres in west 
central Washington, on the western and eastern slopes of the Cascade 
Range. About 83 percent of the park is located in Pierce County and 17 
percent is located in Lewis County. The park's northern boundary is 
approximately 65 miles southeast of the Seattle-Tacoma metropolitan 
area and 65 miles west of Yakima. The elevations of the park range from 
about 1,400 feet at the Tahoma Woods Administrative Site to 14,410 feet 
at the summit of Mount Rainier. About two million people visit the park 
annually, with most visitation (75 percent) occurring between June and 
September. In 1988, Congress designated approximately 97 percent 
(228,480 acres) of the park as wilderness under the Washington Park 
Wilderness Act.
    The focal point of the park is Mount Rainier, a towering snow- and 
ice-covered volcano that is a prominent landmark in the Pacific 
Northwest. Mount Rainier is the second most seismically active and the 
most hazardous volcano in the Cascade Range. The 26 major glaciers that 
flank the upper mountain cover 35 square miles. Steep glaciated valleys 
and ice-carved peaks dominate the park landscape. The Carbon, Mowich, 
White, West Fork White, Nisqually, South Puyallup, and North Puyallup 
rivers and their tributaries carry water from Mount Rainier to Puget 
Sound. The Ohanapecosh and Muddy Fork Cowlitz flow into the Cowlitz 
River and on into the Columbia River. There are approximately 470 
mapped rivers and streams, including approximately 383 perennial 
streams and 84 intermittent streams. With very few exceptions, park 
rivers and streams originate within the park. There are approximately 
382 lakes and ponds, and over 3,000 acres of other wetland types (e.g., 
mineral geothermal springs, waterfalls) in the park.

Fish Resources in the Park

    The following 15 fish species are present in the rivers, streams 
and lakes within the park. Of these, eight are native and seven are 
nonnative.

----------------------------------------------------------------------------------------------------------------
                 No.                       Scientific name            Common name               Occurrence
----------------------------------------------------------------------------------------------------------------
1....................................  Oncorhynchus mykiss....  rainbow trout..........  Native (in some
                                                                                          locations).
2....................................  Oncorhynchus clarkii     coastal cutthroat trout  Native.
                                        clarkii.

[[Page 3660]]

 
3....................................  Salvelinus confluentus.  bull trout.............  Native.
4....................................  Oncorhynchus kisutch...  coho salmon............  Native.
5....................................  Oncorhynchus             chinook salmon.........  Native.
                                        tshawytscha.
6....................................  Oncorhynchus gorbuscha.  pink salmon............  Native.
7....................................  Prosopium williamsoni..  mountain whitefish.....  Native.
8....................................  Cottus confusus........  shorthead sculpin......  Native.
9....................................  Cottus cognatus........  slimy sculpin..........  Nonnative.
10...................................  Cottus rhotheus........  torrent sculpin........  Nonnative.
11...................................  Oncorhynchus clarkii     Yellowstone cutthroat    Nonnative.
                                        bouvieri.                trout.
12...................................  Oncorhynchus clarkii     westslope cutthroat      Nonnative.
                                        lewisi.                  trout.
13...................................  Salvelinus fontinalis..  brook trout............  Nonnative.
14...................................  Gasterosteus aculeatus.  Alaskan stickleback,     Nonnative.
                                                                 threespined
                                                                 stickleback.
15...................................  Oncorhynchus nerka.....  kokanee salmon.........  Nonnative.
----------------------------------------------------------------------------------------------------------------

    Fish populations naturally occur within the park in the nine large 
valley bottom rivers and their tributary junctions up to natural fish 
barriers. These rivers bear native fish populations of rainbow 
(steelhead) trout (Oncorhynchus mykiss), coastal cutthroat trout 
(Oncorhynchus clarkii clarkii), bull trout (Salvelinus confluentus), 
coho salmon (Oncorhynchus kisutch), chinook salmon (Oncorhynchus 
tshawytscha), pink salmon (Oncorhynchus gorbuscha), mountain whitefish 
(Prosopium williamsoni) and shorthead sculpin (Cottus confusus). 
Nonnative sculpins present in the rivers include slimy sculpin (C. 
cognatus) and torrent sculpin (Cottus rhotheus).
    Prior to stocking efforts, there were no naturally occurring fish 
populations in any of the approximately 382 mapped lakes and ponds in 
the park. With the exception of those mentioned above, most of the 
mapped streams were also originally fishless. Early in the park's 
history, the National Park Service (NPS) and others, including the 
State of Washington, introduced nonnative stocks of rainbow trout 
(Oncorhynchus mykiss), Yellowstone cutthroat trout (Oncorhynchus 
clarkii bouvieri), westslope cutthroat trout (Oncorhynchus clarkii 
lewisi), brook trout (Salvelinus fontinalis) and kokanee salmon 
(Oncorhynchus nerka) to enhance recreational fishing. According to 
unpublished NPS records, official stocking occurred from 1915 through 
1964 (49 years) in 38 streams, and from 1915 through 1972 (57 years) in 
44 lakes. Stocking fish resulted in reproducing populations of 
nonnative fish in naturally fishless lakes. It also resulted in 
reproducing populations of nonnative fish in some rivers and streams 
where they compete with native fish. Additional unauthorized 
introductions of nonnative fish, including threespined stickleback 
(Gasterosteus aculeatus), have occurred since stocking ended. 
Reproducing populations of nonnative fish are now present in 
approximately 35 lakes and all of the park watersheds, including many 
streams and the nine major rivers. All lakes with reproducing nonnative 
fish populations are in designated wilderness with the exception of 
Littorals Pond (White River watershed) and Tipsoo Lake.
    The presence of nonnative fish in the park has had widespread 
adverse effects on the distribution, abundance, age structure, 
genetics, and behavior of native fish species, amphibians, and other 
aquatic life. Nonnative fish prey on and compete with native fish, 
particularly bull trout. As a result, over time, populations of native 
fish within and outside the park have likely diminished where brook 
trout and other nonnative fish populations have been established. The 
U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries 
Service (NMFS) have listed populations of bull trout, chinook salmon, 
and steelhead within the park as threatened under the Endangered 
Species Act (ESA). In 2010, the USFWS designated approximately 30 miles 
of streams in the park as bull trout critical habitat. In 2015, the 
USFWS issued a Bull Trout Recovery Plan that identified actions the NPS 
should take to protect bull trout within the park.

NPS Authority To Manage Fishing

    The NPS has sole and exclusive jurisdiction over the lands and 
waters within Mount Rainier National Park. 16 U.S.C. 95. The park's 
enabling act directs the Secretary of the Interior, acting through the 
NPS, to make such regulations as the Secretary deems necessary or 
proper to care for the park, including regulations that provide against 
the wanton destruction of the fish and game found within the park, and 
against their capture or destruction for the purposes of merchandise or 
profit. 16 U.S.C. 92. The NPS administers the park as a unit of the 
National Park System and has the authority to regulate the use of the 
park as it considers necessary or proper. 54 U.S.C. 100751(a). This 
includes the authority to regulate activities on water located within 
the park that is subject to the jurisdiction of the United States. 54 
U.S.C. 100751(b).

NPS Management Framework for Fishing

    General NPS fishing regulations are found in 36 CFR 2.3 and apply 
to all units of the National Park System. For example, section 
2.3(d)(4) prohibits commercial fishing in System units, except where 
specifically authorized by Federal statute. Recreational fishing is 
allowed within the System in accordance with state law, provided that 
the state law does not conflict with NPS fishing regulations. 36 CFR 
2.3(a). Special fishing regulations are found in 36 CFR part 7 and 
apply only in specific System units that have promulgated special 
regulations for this purpose. Other closures and restrictions related 
to fishing are established by the Superintendent under his or her 
discretionary authority in 36 CFR 1.5. This authority allows 
Superintendents to close all or a portion of a park area to a specific 
use or activity or impose conditions or restrictions on a use or 
activity. Pursuant to 36 CFR 1.7(b), these actions do not appear in 36 
CFR, but are compiled and maintained in what is commonly known as the 
Superintendent's Compendium. The Superintendent's Compendium is 
typically available on the System unit's website. Actions taken by the 
Superintendent under the authority in 36 CFR 1.5 may not conflict with 
regulations found in the CFR, including the general fishing regulations 
in section 2.3.

NPS Management of Fishing in the Park

    Special fishing regulations for the park are found in 36 CFR 
7.5(a). The NPS promulgated these regulations in 1969 (34 FR 17520) and 
last amended them in 1976 (41 FR 14863). The

[[Page 3661]]

regulations close the following areas to all fishing: (i) Tipsoo Lake; 
(ii) Shadow Lake; (iii) Klickitat Creek above the White River entrance 
water supply intake; (iv) Laughingwater Creek above the Ohanapecosh 
water supply intake; (v) Frozen Lake; (vi) Reflection Lakes; and (vii) 
Ipsut Creek above the Ipsut Creek Campground water supply intake. 36 
CFR 7.5(a)(1). The special regulations also close the Ohanapecosh River 
and its tributaries to all fishing except for fishing with artificial 
flies. 36 CFR 7.5(a)(2). The regulations state that there shall be no 
minimum size limit on fish that may be possessed. 36 CFR 7.5(a)(3). The 
regulations state that the daily catch and possession limit for fish 
taken from park waters shall be six pounds and one fish, not to exceed 
12 fish. 36 CFR 7.5(a)(4).
    Other closures and restrictions related to fishing appear in the 
Superintendent's Compendium for the park, which is available on the 
park's website at https://www.nps.gov/mora/learn/management/lawsandpolicies.htm. Several of these closures and restrictions are 
intended to conserve native fish species and reduce or eliminate 
nonnative species. The Compendium states that all native fish species 
caught in rivers and streams must be released, but that kokanee and 
brook trout (both nonnative species) may be retained with no limit. The 
purpose of this Compendium action is to protect native fish species by 
requiring catch-and-release and to reduce populations of nonnative 
species by allowing them to be removed from the park. The Compendium 
prohibits multipoint hooks with barbs in rivers and streams to cause 
less injury to native species that will be released. The Compendium 
prohibits lead fishing tackle anywhere in the park to avoid poisoning 
aquatic biota and humans. The Compendium closes Fryingpan Creek above 
the confluence of the White River to all fishing. This closure protects 
native fish species (bull trout, chinook salmon, and steelhead) that 
are listed as threatened under the ESA. The Compendium also closes 
Ghost Lake and Edith Creek Basin above the Paradise water supply to 
protect the potable water supply for White River and Paradise. The 
Compendium establishes fishing seasons for rivers and streams to 
protect the spawning season of listed, native species. Where fishing is 
allowed in lakes, there are no seasonal closures or limits on retaining 
any fish species because, as noted above, fish are not native to lakes 
within the park.
    In September 2017, the NPS published a Fish Management Plan/
Environmental Assessment (the Plan). The purpose of the Plan is to 
direct long-term management for fish within lakes, rivers and streams 
within the park. During the development of the Plan, the NPS solicited 
information from the USFWS, the NMFS, the Washington Department of Fish 
and Wildlife (WDFW), the Washington State Historic Preservation Office, 
and six affiliated American Indian tribes: the Nisqually Tribe of 
Indians, the Muckleshoot Indian Tribe, the Cowlitz Indian Tribe, the 
Puyallup Tribe of Indians, the Squaxin Island Tribe, and the 
Confederated Tribes and Bands of the Yakama Nation. The U.S. Forest 
Service, Mount Baker-Snoqualmie National Forest, also submitted 
comments during the public scoping period that occurred before the Plan 
was published. The Plan was open for a 30-day public comment period.
    On August 28, 2018, the Regional Director for Department of the 
Interior Unified Regions 8, 9, and 10 (formerly the Pacific West 
Region) approved a Finding of No Significant Impact (FONSI) selecting 
Alternative 2 in the Plan for implementation. This alternative calls 
for site-specific management actions to encourage recreational fishing 
opportunities for nonnative species and to protect native fish and 
habitat. In addition to increasing recreational angling opportunities 
for nonnative species, the alternative calls for suppressing or 
eradicating nonnative fish populations through administrative actions 
such as gillnetting, seining, electrofishing, and piscicides in 
selected locations. The selected alternative is consistent with actions 
required by the 2015 Bull Trout Recovery Plan issued by the USFWS. The 
NPS expects the eradication or suppression of nonnative fish to result 
in the increased survival and abundance of threatened and endangered 
species (bull trout, chinook salmon and steelhead) and improved habitat 
for native species. The Plan, which contains a full description of the 
purpose and need for taking action, the alternatives considered, and 
the environmental impacts associated with the considered alternatives, 
and the FONSI may be viewed on the park's planning website at https://parkplanning.nps.gov/mora by clicking on the link entitled ``Archived 
Projects'' and then clicking the link entitled ``2018 Mount Rainier 
National Park Fisheries Management Plan Environmental Assessment and 
Finding of No Significant Impact'' and then clicking the link entitled 
``Document List.''

Final Rule

    This rule removes special fishing regulations for the park that 
interfere with the successful implementation of the fish management 
strategy identified in the FONSI. These include the following closures 
and restrictions that limit the take of nonnative fish: (1) closures at 
Ipsut Creek and (except for artificial flyfishing) the Ohanapecosh 
River; and (2) a daily catch and possession limit of six pounds and one 
fish, not to exceed 12 fish. Removing these closures and restrictions 
will create new angling opportunities for nonnative species that are 
currently not authorized by 36 CFR 7.5. The other closures and 
restrictions currently codified in the special regulations will be 
relocated to and maintained in the Superintendent's Compendium because 
either they are necessary to protect the domestic potable water supply 
for White River, Sunrise, Ohanapecosh, and Paradise (the closures of 
Frozen Lake and streams with identified water supply intakes); or to 
protect fragile riparian vegetation (the closures of Tipsoo Lake, 
Shadow Lake and Reflection Lakes). Closures and restrictions in the 
special regulations also apply to the take of native fish species. 
These will be retained or modified in the Superintendent's Compendium, 
consistent with the selected alternative in the FONSI, to help restore 
the natural abundance, diversity, dynamics, distribution, habitats and 
behaviors of native fish populations that were present in the park 
prior to the introduction of nonnative fish. The administrative 
flexibility offered by the Superintendent's Compendium, which in most 
circumstances can be modified without notice and comment rulemaking 
(see 36 CFR 1.5(b)), provides a feasible and responsive method to meet 
the strategic goals identified in the FONSI to utilize adaptive 
management to alter management activities when needed based on 
monitoring and best available science. NPS regulations at 36 CFR 1.7(b) 
require the Superintendent to update the Compendium at least annually. 
The NPS will ensure that the public has an opportunity to provide 
meaningful input prior to updating any closures or restrictions related 
to fishing in the Compendium.
    Consolidating all fishing closures and restrictions in the 
Compendium will make them more accessible and user-friendly for the 
public. Instead of having to look in two different places (the special 
regulations in 36 CFR 7.5 and the Superintendent's Compendium on the 
park's website), the public will be

[[Page 3662]]

able to find all closures and restrictions related to fishing in one 
place. The NPS has already done this, informally, by producing a 
fishing pamphlet that is available at the park's website at https://www.nps.gov/mora/planyourvisit/fishing-and-boating.htm. Moving all of 
the closures and restrictions related to fishing into the Compendium 
will consolidate the official versions of them in one place for legal 
purposes. Centralizing them in the Compendium will increase compliance, 
strengthen enforcement, and decrease public confusion and frustration. 
The NPS routinely responds to inquiries and requests for clarification 
from the State of Washington and members of the public regarding 
fishing opportunities and rules within the park. Placing all fishing 
closures and restrictions in the Compendium will help visitors 
understand the rules and become better stewards of fishery resource at 
the park. In order to direct the public to the Compendium, the NPS is 
replacing the existing language in paragraph (a) of section 7.5 with a 
general statement that the Superintendent will establish fishing 
closures and restrictions, based on management objectives described in 
the park's resource management plans, in accordance with the criteria 
and procedures in 36 CFR 1.5 and 1.7, including publication in the 
Superintendent's Compendium. The rule also states that fishing in 
closed waters or violating a fishing restriction established by the 
Superintendent is prohibited. Similar language is used in the special 
regulations for other NPS units, including Glacier National Park (36 
CFR 7.3) and Rocky Mountain National Park (36 CFR 7.7).

Summary of Public Comments

    The NPS published a proposed rule in the Federal Register on 
January 11, 2022 (87 FR 1374). The NPS accepted public comments on the 
proposed rule for 60 days via the mail, hand delivery, and the Federal 
eRulemaking Portal at https://www.regulations.gov. Comments were 
accepted through March 14, 2022. A total of 27 comments were submitted 
and reviewed. Many commenters supported the proposed rule and did not 
raise any issues or suggest any changes. Some commenters raised 
concerns or questions about the proposed rule that the NPS summarizes 
and responds to below. After considering the public comments and after 
additional review, the NPS did not make any changes in the final rule.
    1. Comment: One commenter asked if there is oversight of management 
decisions implemented through the Superintendent's Compendium and 
whether the WDFW would be involved in such management decisions to 
ensure the protection of native fish species.
    NPS Response: NPS regulations at 36 CFR 1.5 require the 
Superintendent to follow specific procedures and requirements in order 
to use discretionary authority to implement closures and restrictions 
related to visitor use of park areas. The Superintendent must prepare a 
written determination justifying each action and use appropriate 
methods to notify the public of any such closures or restrictions. All 
such actions must be listed in the Compendium, which must be available 
to the public and updated at least annually. Compendium actions must be 
consistent with federal law and policy and may not be highly 
controversial or otherwise significant without going through a public 
notice and comment review process.
    A primary purpose of the Plan is to promote the recovery of native 
fish species in the park. The NPS will continue to collaborate with the 
WDFW as it implements the selected alternative in the FONSI to achieve 
this goal. Continued collaboration may include identifying barriers to 
restoration of native fish species and ecosystem recovery within the 
park and, where possible, addressing issues outside the park such as 
fish stocking practices and barriers to fish migration downstream of 
the park. The NPS will ensure that the public and its partners, 
including WDFW, have an opportunity to provide meaningful input prior 
to updating any closures or restrictions related to fishing in the 
Compendium.
    2. Comment: Several commenters questioned how the NPS will enforce 
requirements to release native species that are incidentally caught in 
rivers and streams as bycatch. One commenter suggested that dynamic 
closures of park areas would more effectively reduce bycatch and be 
more easily enforced.
    NPS Response: In some situations, catch and release requirements 
may be more difficult to enforce than closures that prohibit all 
fishing in certain locations; however, enforcing catch and release 
requirements is not unique and occurs in many park areas with 
recreational fishing. The NPS believes that placing all closures and 
restrictions related to fishing in the Compendium will increase 
compliance and strengthen enforcement because it will be easier for the 
public understand what is allowed. The NPS has implemented closures in 
areas where the probability of ESA-protected bycatch is high (e.g., 
Fryingpan) and also seasonal restrictions to protect spawning native 
species. The NPS will evaluate and modify management actions as needed 
if monitoring shows unanticipated adverse effects on native fish 
species.
    3. Comment: Several commenters emphasized the importance of 
educating anglers to increase compliance with fishing closures and 
restrictions. One commenter suggested the NPS develop and promote 
interactive educational classes and activities to inform visitors about 
fishing rules and aquatic resources in the park.
    NPS Response: The NPS agrees that educating anglers is critical to 
compliance and has developed a robust educational strategy to 
communicate how closures and restrictions will help achieve the purpose 
and goals of the Plan. In addition to the continued use and 
distribution of the fishing pamphlet, the NPS is developing a software 
application and a fishing guide that will provide information about 
fishing in the park and the status of fish species and habitats. The 
NPS will also send roving interpreters throughout the park to provide 
information directly to recreational anglers.
    4. Comment: One commenter asked whether the rule would adversely 
affect recreational fishing if less fish are present in the park.
    NPS Response: Catch and release fishing opportunities will continue 
to be available in most rivers and streams for some time during 
implementation of the Plan. A few small lakes with small fish 
populations may be fished out by anglers. At the same time, there will 
be widespread benefits to native fish and amphibian populations in 
areas where nonnative fish are removed, which will increase the ability 
of anglers and other visitors to see and to interact with native fish, 
amphibians and other species in their habitats throughout the park. 
Because it will likely take decades before the NPS can implement fish 
removal programs throughout the park, diminished fishing opportunities 
would occur in stages over time, reducing the overall impact of this 
recreational loss. Because fishing has consistently been rated low on 
the scale of recreational activities that visitors engage in during 
visitor surveys, this loss would likely be imperceptible to most park 
visitors.
    5. Comment: One commenter asked the NPS to support local businesses 
and restaurants by giving them preferential rights to fish in the park 
or allowing them to use nonnative fish that are removed through 
administrative actions such as gillnetting, seining and electrofishing.
    NPS Response: NPS regulations at 36 CFR 2.3(d)(4) prohibit 
commercial fishing in National Park System units, except where 
specifically authorized by

[[Page 3663]]

Federal statute The park's enabling act does not authorize commercial 
fishing. Instead, it directs the NPS to prohibit the capture of fish 
for merchandise or profit. As a result, the NPS cannot allow local 
businesses or restaurants to take fish in the park for commercial 
purposes. Most administrative actions capturing nonnative fish occur in 
backcountry locations where transportation of the fish outside of the 
park is not feasible. In most cases, the fish are too small to have 
value for local businesses and restaurants.
    6. Comment: One commenter stated native fish populations could be 
restored more quickly if there are no catch limits on nonnative fish 
species except those that are vital for maintaining potable water in 
the White River, Sunrise, Ohanapecosh, and Paradise waterways.
    NPS Response: The NPS agrees that through the capture of nonnative 
species, anglers can play an important role in the conservation and 
recovery of native species in the park. In many lakes, rivers and 
streams in the park, anglers are essential for suppressing nonnative 
species. For these reasons, the rule would remove the daily catch limit 
in the special regulations in order to allow the retention of brook 
trout and kokanee salmon from rivers and streams and all nonnative fish 
from lakes that are open to recreational fishing. Except for brook 
trout and kokanee salmon, anglers may not retain other nonnative 
species from rivers and streams because those species are too difficult 
to distinguish from native species that must be released. The 
Compendium will continue to close Tipsoo Lake, Shadow Lake and 
Reflection Lakes to all fishing in order to protect fragile riparian 
vegetation.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. The NPS has developed this 
rule in a manner consistent with these requirements.

Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). This certification is based on information 
contained in the economic analyses found in the report entitled ``Cost-
Benefit and Regulatory Flexibility Threshold Analyses: Proposed Rule to 
Remove Special Regulations for Fishing at Mount Rainier National 
Park.'' The document may be viewed on the park's planning website at 
https://parkplanning.nps.gov/mora by clicking on the link entitled 
``Archived Projects'' and then clicking the link entitled ``2018 Mount 
Rainier National Park Fisheries Management Plan Environmental 
Assessment and Finding of No Significant Impact'' and then clicking the 
link entitled ``Document List'' and then clicking on the link entitled 
``Fish Management Plan FONSI.''

Congressional Review Act

    This rule is not a major rule under 5 U.S.C. 804(2). This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, State, or local government 
agencies, 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.

Unfunded Mandates Reform Act

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule will not have a significant or unique effect on State, 
local or tribal governments or the private sector. It addresses public 
use of national park lands and imposes no requirements on other 
agencies or governments. A statement containing the information 
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is 
not required.

Takings (Executive Order 12630)

    This rule will not effect a taking of private property or otherwise 
have takings implications under Executive Order 12630. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the rule 
will not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. This rule only 
affects use of federally administered lands and waters. It has no 
outside effects on other areas. A federalism summary impact statement 
is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
This rule:
    a. Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    b. Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. The NPS has evaluated 
this rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and has determined that tribal 
consultation is not required because the rule will have no substantial 
direct effect on federally recognized Indian tribes. During scoping for 
the Plan, the NPS solicited comments from six affiliated American 
Indian tribes: the Nisqually Tribe of Indians, the Muckleshoot Indian 
Tribe, the Cowlitz Indian Tribe, the Puyallup Tribe of Indians, the 
Squaxin Island Tribe, and the Confederated Tribes and Bands of the 
Yakama Nation. The NPS will continue to work with these tribes 
throughout the implementation of the selected alternative in the FONSI.

[[Page 3664]]

Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act is not required. The NPS may not conduct or sponsor and 
you are not required to respond to a collection of information unless 
it displays a currently valid OMB control number.

National Environmental Policy Act (NEPA)

    The NPS has prepared the Plan to determine whether this rule will 
have a significant impact on the quality of the human environment under 
the NEPA. This rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the NEPA is not required because of the FONSI. 
A copy of the Plan and FONSI may be viewed on the park's planning 
website at https://parkplanning.nps.gov/mora by clicking on the link 
entitled ``Archived Projects'' and then clicking the link entitled 
``2018 Mount Rainier National Park Fisheries Management Plan 
Environmental Assessment and Finding of No Significant Impact'' and 
then clicking the link entitled ``Document List.''

Effects on the Energy Supply (Executive Order 13211)

    This rulemaking is not a significant energy action under the 
definition in Executive Order 13211; the rule is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy, and the rule has not otherwise been designated by the 
Administrator of the Office of Information and Regulatory Affairs as a 
significant energy action. A Statement of Energy Effects is not 
required.

List of Subjects in 36 CFR Part 7

    National Parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service amends 
36 CFR part 7 as follows:

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

0
1. The authority citation for part 7 continues to read as follows:

    Authority:  54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.


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2. In Sec.  7.5, revise paragraph (a) to read as follows:


Sec.  7.5  Mount Rainier National Park

    (a) Fishing. (1) Fishing closures and restrictions are established 
by the Superintendent based on management objectives for the 
preservation of the park's natural resources.
    (2) The Superintendent may establish closures and restrictions, in 
accordance with the criteria and procedures of Sec.  1.5 of this 
chapter, on any activity pertaining to fishing, including, but not 
limited to species of fish that may be taken, seasons and hours during 
which fishing may take place, methods of taking, and size, creel, and 
possession limits.
    (3) Except in emergency situations, the Superintendent will notify 
the public of any such closures or restrictions through one or more 
methods listed in Sec.  1.7 of this chapter, including publication in 
the Superintendent's Compendium (or written compilation) of 
discretionary actions referred to Sec.  1.7(b).
    (4) Fishing in closed waters or violating a condition or 
restriction established by the Superintendent under this paragraph (a) 
is prohibited.
* * * * *

Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-27483 Filed 1-19-23; 8:45 am]
BILLING CODE 4312-52-P