Glacier Bay National Park, Vessel Management Plan Regulations, 10940-10949 [06-2000]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 71, Number 42 (Friday, March 3, 2006)]
[Proposed Rules]
[Pages 10940-10949]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2000]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024-AD25


Glacier Bay National Park, Vessel Management Plan Regulations

AGENCY: National Park Service, Interior

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The National Park Service (NPS) is proposing this rule to more 
effectively manage motor vessel use in Glacier Bay National Park and 
Preserve. It proposes to revise existing regulations regarding vessel 
quotas and operating requirements for five types of motor vessels--
cruise ships, tour vessels, charter vessels, private vessels, and 
passenger ferries--within Glacier Bay National Park and Preserve. This 
rule is proposed in conjunction with the Final Environmental Impact 
Statement (FEIS) and the Record of Decision (ROD) for Vessel Quotas and 
Operating Requirements in Glacier Bay National Park and Preserve, 
completed in October and November 2003, respectively, and implements 
decisions made in the ROD.

DATES: Comments must be received by May 2, 2006.

ADDRESSES: You may submit your comments, identified by Regulatory 
Information Number (RIN) 1024-AD25, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail NPS at: akro_regulations@nps.gov. Use RIN 1024-
AD25 in the subject line.
     Mail: Superintendent, Proposed Vessel Management Plan 
Regulations Comment, Glacier Bay National Park and Preserve, P.O. Box 
140, Gustavus, Alaska 99826.
     Hand Delivery/Courier: Superintendent, Glacier Bay 
National Park and Preserve Headquarters Office at Bartlett Cove. 
Clearly identify the delivery as Proposed Vessel Management Plan 
Regulations Comments.
    All submissions received must include the agency name and RIN. For 
additional information see ``Public Participation'' under SUPPLEMENTARY 
INFORMATION below.

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

SUPPLEMENTARY INFORMATION: Glacier Bay National Park and Preserve is 
located in southeast Alaska, approximately 65 miles west of Juneau. 
Accessible by boat and airplane, it is a popular destination due to its 
spectacular scenery, tidewater glaciers, wilderness, and wildlife. In 
this document the term ``Glacier Bay'' generally refers to the bay 
proper rather than the entire park and preserve.

History of Glacier Bay National Park and Preserve

    Glacier Bay National Monument was established by presidential 
proclamation dated February 26, 1925 (No. 1733, 43 Stat. 1988). The 
monument was expanded by a second presidential proclamation on April 
18, 1939 (No. 2330, 53 Stat. 2534). The expanded monument added 
adjacent lands, including glaciers and geologic features of scientific 
interest, and the marine waters of all of Glacier Bay; portions of 
other waters outside Glacier Bay proper; and Pacific coastal waters to 
a distance of three miles seaward between Cape Spencer in the south and 
Sea Otter Creek, north of Cape Fairweather.
    The Alaska National Interest Lands Conservation Act (ANILCA), 
enacted in 1980, expanded the 2.8-million-acre Glacier Bay National 
Monument to 3.3 million acres and redesignated this area as Glacier Bay 
National Park and Preserve (16 U.S.C 410-1, 94 Stat. 2382). The new 
park and preserve included all lands and waters of the previously 
existing monument.
    Under proclamations that established Glacier Bay as a national 
monument, the NPS Organic Act and its amendments (16 U.S.C 1, et seq.) 
governed the management of the former Glacier Bay National Monument. 
Along with ANILCA and several additional statutory provisions enacted 
by Congress, they continue to govern the present Glacier Bay National 
Park and Preserve. The NPS Organic Act of 1916 directs the Secretary of 
the Interior and the NPS to manage national parks and monuments to 
``conserve the scenery and the natural and historic objects and the 
wild life therein and to provide for the enjoyment of same in such 
manner and by such means as will leave them unimpaired for the 
enjoyment of future generations.'' 16 U.S.C. 1. In addition, the 
Redwood National Park Act of 1978 (amending the General Authorities 
Act) states: ``The authorization of activities shall be construed and 
the protection, management and administration of [NPS areas] shall be 
conducted in light of the high public value and integrity of the 
National Park System and shall not be exercised in derogation of the 
values and purposes for which these various

[[Page 10941]]

areas have been established, except as may have been or shall be 
directly and specifically provided by Congress.'' 16 U.S.C. 1a-1. The 
NPS Organic Act also grants the Secretary of the Interior the authority 
to implement ``rules and regulations as he may deem necessary or proper 
for the use and management of the parks, monuments and reservations 
under the jurisdiction of the National Park Service.'' 16 U.S.C. 3. In 
addition to general regulatory authority, the NPS has been delegated 
specific authority to ``[p]romulgate and enforce regulations concerning 
boating and other activities on or relating to waters located within 
areas of the National Park System, including waters subject to the 
jurisdiction of the United States * * *.'' 16 U.S.C. 1a-2(h). None of 
the actions in this proposed rule are intended to preclude vessel 
management actions for safety, resource protection, or other reasons 
pursuant to applicable regulations.

Vessel Management in Glacier Bay

    Measures to address vessel traffic in Glacier Bay were first 
implemented in 1979 to respond to concerns regarding the effects of 
motor vessels on the endangered humpback whale. Regulations went into 
effect in 1980, influenced largely by the alternatives included in a 
1979 biological opinion issued by the National Marine Fisheries Service 
(NMFS, now known as NOAA Fisheries) in accordance with section 7 of the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). 
The opinion concluded that a continued increase in the amount of vessel 
traffic, particularly charter/pleasure craft, in Glacier Bay was likely 
to jeopardize the continued existence of the humpback whales in 
southeast Alaska.
    The NMFS issued another biological opinion in 1983 concerning the 
regulation of vessel traffic and resultant interactions with humpback 
whales in Glacier Bay National Park and Preserve. This opinion was 
prepared in response to a request from NPS to reinitiate section 7 
consultation for the endangered humpback whale in Glacier Bay. This 
opinion considered the impacts to humpback whales from existing levels 
of vessel traffic and from the effects of proposed increases in the 
levels of vessel traffic in Glacier Bay. The opinion concluded that 
existing traffic, as well as some additional increase in vessel 
traffic, could occur in Glacier Bay without jeopardizing the southeast 
Alaska stock of humpback whales. This determination was based on the 
ability of NPS to monitor and control both the amount of vessel traffic 
and the operation of vessels in Glacier Bay. NMFS also recommended 
vessel operating restrictions and a rationale for regulating vessel 
entries into Glacier Bay. The agency recommended that any vessel 
increases be contingent on monitoring studies of whale presence, noise 
levels, and prey showing no adverse effects. The opinion stated: (1) 
``no additional vessel traffic should be allowed unless the number of 
individual whales that enter Glacier Bay remains equal to or is greater 
than the 1982 level'' (22 whales were observed between June 1 through 
August 31, 1982) and (2) ``a minimum of two years should be allowed for 
monitoring and evaluating the effects of such an increase before 
additional increases are proposed.''
    Additional vessel regulations were subsequently promulgated in 
1985. Consistent with the recommendations in the NMFS 1983 biological 
opinion, these regulations allowed for up to a 20 percent increase in 
vessel quotas above the 1976 level for large ship and small motor 
vessel classes. The NPS implemented increases in two increments, and 
the 20 percent increase was reached in 1988. Since these regulations 
were promulgated, concerns have broadened to encompass potential 
effects on other biota, the physical environment, and visitor 
experience.
    In 1993 NMFS issued another biological opinion--based on a review 
of a 1992 draft NPS proposal for vessel management in Glacier Bay, 
available data, and previous biological opinions--addressing the 
effects of vessel traffic in Glacier Bay on the threatened Steller sea 
lion, the endangered gray whale, and the endangered North Pacific 
population of humpback whales. NMFS concluded that the level of 
activity described in the 1992 draft NPS proposal would not jeopardize 
the continued existence and recovery of any threatened or endangered 
species. Nonetheless, due to concern about the decline in humpback 
whale use of Glacier Bay, NMFS, in its opinion, ``urged the NPS to take 
a conservative approach in all management actions that may affect 
humpback whales'' and recommended that NPS ``implement a humpback whale 
feeding ecology research program'' and ``continue humpback whale 
monitoring programs that identify the number of humpback whales that 
feed in the National Park waters, and their individual identity, age, 
reproductive status, and length of stays.''
    Based on the park's management objectives from the 1984 General 
Management Plan and the 1993 NMFS opinion, the NPS completed a 1996 
Vessel Management Plan (VMP)/revised environmental assessment (EA) and 
issued a finding of no significant impact (FONSI) regarding vessel 
quotas and operating requirements. The NPS decision regarding vessel 
management provided for increases in quotas for cruise ships, charter 
vessels, and private vessels in Glacier Bay. With respect to cruise 
ships, it allowed for 139 cruise ships throughout the June through 
August season, with potential for incremental increases to 184 ships 
(i.e., up to two cruise ships per day during the 3-month season), based 
on scientific and other information and applicable authorities. 
Regulations adopting the VMP vessel quotas became effective in May 
1996. Based in part on recommendations in the 1993 biological opinion, 
research and monitoring were initiated to better understand the effects 
of motor vessels on park resources and values.
    Subsequent legislation affecting Glacier Bay National Park and 
Preserve included the Omnibus Parks and Public Lands Management Act of 
1996 (Pub. L. 104-333). Section 703 of this Act directed NPS to not 
impose additional operating conditions in the areas of air, water, and 
oil pollution beyond those determined and enforced by appropriate 
regulatory agencies. Operating conditions or limitations relating to 
noise abatement can be imposed only when the Secretary determines it 
necessary to protect park values and resources. However, when 
competitively awarding concession contracts to enter Glacier Bay, the 
relative impact particular concessioners will have on park values and 
resources are considered in determining which are the best proposals.
    In a May 1997 complaint filed in the U.S. District Court, the 
National Parks Conservation Association (NPCA) challenged the validity 
of the NPS 1996 VMP/revised EA and FONSI. The District Court upheld the 
decision made by the NPS. However, the U.S. Court of Appeals for the 
Ninth Circuit subsequently determined that the portion of the VMP/EA 
and the 1996 implementing regulations that authorized an increase in 
vessels into Glacier Bay violated the National Environmental Policy Act 
of 1969 (Pub. L. 91-190, hereafter NEPA) because an environmental 
impact statement (EIS) had not been prepared. The court prohibited 
vessel traffic above the pre-1996 levels unless an EIS was prepared. 
The court decision went into effect in late summer 2001. Following this 
decision, the Congress, as part of the U.S. Department of the Interior 
Appropriations Act of 2002 (Pub. L. 107-63, section 130), required NPS 
to:

[[Page 10942]]

(1) Prepare an EIS by January 1, 2004, to identify and analyze the 
possible effects of the 1996 increases; and (2) set the maximum level 
of vessel entries into Glacier Bay based on the analysis in the EIS. 
Until the maximum level of vessel entries is set based on the new EIS, 
the Act provided that the number of vessel entries into the park would 
be the same as in effect during the 2000 calendar year, and that the 
NPS decision and final rule, issued in 1996, relating to vessel entries 
were approved and would be in effect, notwithstanding any other 
provision of law. On January 18, 2002, the U.S. District Court modified 
the previous injunction accordingly.

The Draft and Final Environmental Impact Statements

    In addressing the requirements of section 130 and pursuant to NEPA, 
the NPS prepared a draft EIS (DEIS) and final EIS (FEIS) and approved a 
Record of Decision (ROD) on November 21, 2003. The DEIS described and 
evaluated the environmental effects of a no action alternative and four 
action alternatives for managing motorized vessels within Glacier Bay 
and Dundas Bay. Based on comments received during the public comment 
period and additional NPS considerations, modifications were made in 
the FEIS. These documents are discussed in more depth below under 
``Compliance with Other Laws.''

Description of the Proposed Rule

    Regulations concerning vessel quotas and operating requirements for 
cruise ships and tour, charter and private vessels have been in effect 
and enforced by NPS for many years. Many of these regulations regarding 
vessel management are being retained consistent with the ROD. New 
elements and a number of adjustments to the current regulations are 
included in this proposed rule:
     Establishing two separate seasonal vessel quota periods 
for cruise ships. First, for May and September establish an initial 
quota of 92 cruise ships with potential to increase to 122. Second, for 
June 1-August 31 re-establish an initial quota of 139 cruise ships with 
potential for incremental increases to 184 as under the 1996 
regulations;
     Eliminating two private vessel seasonal categories--total 
entries and total vessel use days--thus increasing the total number of 
private vessels allowed in a season;
     Adding a passenger ferry category to Bartlett Cove with a 
year-round daily vessel quota of one, in accordance with section 127 of 
P.L. 105-83 (Nov. 14, 1997);
     Modifying the definitions for cruise ship, charter, and 
tour vessels;
     Adding a definition for a passenger ferry;
     Closing the waters at Beardslee Entrance and the entrance 
to Adams Inlet in Glacier Bay to cruise ships and tour vessels;
     Eliminating the permit exemption for private vessels based 
in Bartlett Cove;
     Relaxing existing private vessel orientation requirements;
     Modifying the annual determination of the cruise ship 
quota to provide flexibility concerning timeframes to meet cruise ship 
industry needs;
     Increasing the 10 knot maximum speed limit in whale waters 
to 13 knots;
     Reducing the number of areas pre-designated as whale 
waters;
     Extending the seasonal speed limit in the lower bay whale 
waters to September 30; and
     Conforming subsection (b) to the existing question and 
answer format of subsection (a).

Section-by-Section Analysis

Section 13.65(b)(1) Definitions

    The following changes are proposed for the Definitions:
     The term ``charter vessel'' would be amended to include 
certain uninspected vessels measuring over 100 tons under the U.S. 
Tonnage ``Simplified Measurement System.'' Vessels under this class 
would not be any larger than vessels currently allowed under the 
existing 100 gross ton U.S. or 2,000 gross ton ITC limits due to the 
idiosyncrasies of the various measurement systems. Though USCG 
regulations do not set an upper limit for the tonnage of these vessel, 
the NPS proposes implementing an upper limit of 200 tons, as well as a 
specific length limit [note that the length limit is already an element 
of the USCG regulations controlling which vessel can use the simplified 
measurement system], as a safeguard against vessels qualifying under 
this subcategory which are larger than otherwise allowed under the 
existing regulations. Dropped from the definition of charter vessel 
would be the existing requirement that it be available for hire on an 
unscheduled basis, as well as the related exception to that 
requirement--allowing scheduled camper or kayak drop off service. Under 
the 1996 definitions charter vessels were required to operate on an 
``unscheduled'' basis. This was unrealistic because, as a practical 
matter, many charter operators schedule trips well in advance of the 
season. The new definition is more easily applied to the charter fleet. 
To eliminate overlap between the charter vessel and tour vessel 
definitions, passenger carrying capacity would be adopted as the 
primary criteria separating these use categories. This change in the 
GLBA definition was proposed by several of our charter operators and 
park staff during the scoping process for the Vessel Quota and 
Operating Requirements EIS. The ROD defines charter vessel as 
certificated ``* * * to carry up to twelve passengers overnight or up 
to 49 passengers for daytime use * * *.'' The proposed definition 
changes the word ``or'' to ``and'' resulting in: ``* * * rated to carry 
no more than 12 passengers overnight and no more than 49 passengers for 
daytime use `` * * *.'' to more clearly convey the intent: if a vessel 
is licensed to carry more than twelve overnight passengers, it could 
not be a charter vessel and if a vessel is licensed to carry more than 
49 day use passengers, it could not be a charter vessel.
     The term ``cruise ship'' would be revised to include only 
vessels certificated to carry over 12 passengers. Without this 
provision, a vessel with 12 or fewer passengers of 100-200 gross 
tonnage under the U.S. Tonnage ``Simplified Measurement System'' could 
be either a charter vessel or cruise ship. This would eliminate overlap 
with the new U.S. Coast Guard 200 ton uninspected class.
     Because the ``seasonal entry quota'' would be eliminated 
and the term ``entry'' would no longer be mentioned in this proposed 
rule, the term ``entry'' would no longer need to be defined and would 
be eliminated.
     A revised definition of ``Glacier Bay'' would include 
precise geographic coordinates for Point Gustavus and Point Carolus as 
the entrance to Glacier Bay.
     A new vessel type--``passenger ferry''--would be added in 
recognition of the Juneau to Bartlett Cove service authorized in Public 
Law 105-83, section 127.
     To provide clarity, the definition for each of the 
following terms would be revised slightly: ``commercial fishing 
vessel,'' ``speed through the water,'' and ``private vessel.''
     The definition of ``tour vessel'' would be changed to 
provide a clear distinction from the definition of ``charter vessel,'' 
and to ensure that all commercial passenger-carrying vessels less than 
100 tons gross (U.S. System) or 2,000 tons gross (International 
Convention System) could be categorized into the appropriate vessel 
type.

[[Page 10943]]

     The term ``pursue'' would be deleted from the regulatory 
language in (b)(1) and a description of the prohibited action instead 
would be incorporated into proposed paragraph (b)(3)(i). Including a 
description of the proposed prohibited activity would clarify the 
proposed regulation.
     The terms ``daily vessel quota'' and ``seasonal vessel 
quota'' would be added to clarify how vessel quotas would be applied to 
vessel use in Glacier Bay.
     The terms ``vessel-use day'' and ``operate'' would no 
longer be used and would be deleted from the regulation.
    All other definitions would remain unchanged.

Section 13.65(b)(2) Permits

    Paragraph (b)(2)(i), ``Private vessel permits and conditions'' 
would modify the existing requirement for operators of private vessels 
(see 36 CFR 1.4) to report to the Bartlett Cove Ranger Station for a 
boater orientation each time they enter Glacier Bay from June 1 through 
August 31. Instead, while operators of private vessels would still be 
required to report that they are entering or exiting Glacier Bay, they 
would only be required to come to Bartlett Cove for a full boater 
orientation at the beginning of their initial trip into Glacier Bay for 
that permit season. This paragraph would simplify the procedure at 
proposed paragraph (b)(2)(i)(B): From May 1 through September 30, 
operators must immediately notify the Bartlett Cove Ranger Station of 
the vessel's entry or exit into Glacier Bay. The notification can be 
accomplished by radio or phone, allowing the NPS to update operators 
about existing or special conditions or operating requirements.
    Paragraph (b)(2)(ii), ``Commercial vessel permits and conditions,'' 
would clarify that a cruise ship is required to have a concession 
contract, and tour, charter and passenger ferry vessels are required to 
have a concession authorization to operate in Glacier Bay National Park 
and Preserve. This paragraph also will establish the operational 
requirement for the passenger ferry to travel a direct route to 
Bartlett Cove, except as necessary for safety considerations.
    The proposed rule would extend the closure area for cruise ships 
and tour vessels to the entrance of Adams Inlet and Beardslee Entrance 
prohibiting these two vessel types from operating in these two 
locations. Glacial rebound and silting from the Casement Glacier have 
caused Adams Inlet to become very shallow and unsafe. Extending the 
closure would reduce the risk of large-vessel accidents in these two 
areas. The restrictions in the Beardslee Entrance are due to its narrow 
configuration which poses a hazardous area for large vessels, as well 
as its proximity to the ecologically sensitive Beardslee Islands. 
Historically, no cruise ships use the Beardslee Entrance to travel 
within Glacier Bay. Large vessels would have difficulty maneuvering the 
90-degree turn, which is required to safely navigate the one (1) 
nautical mile passage between Strawberry Island and the Beardslee 
Islands. Additionally, opposing currents and shallow shelves add to the 
difficulty in maneuvering larger vessels through this area. Harbor 
seals, whose populations have recently declined precipitously, haul out 
on the Spider Island complex, Flapjack, and Eider Islands, all within 
the Beardslee Island complex. These populations are extremely sensitive 
to disturbance created by large vessel noise, wakes, and presence of 
vessels and people. A vessel grounding in the entrance could cause 
catastrophic damage to wildlife within the pristine and protected 
waters of the Beardslee Islands.
    Paragraph (b)(2)(iii), ``Exceptions from vessel permit 
requirements'' would clarify the exception for operation of a motor 
vessel in certain Bartlett Cove waters. The proposed rule would drop 
the exemption for private vessels ``based in Bartlett Cove'' from the 
requirement to obtain a vessel permit when traveling directly between 
Bartlett Cove and the mouth of Glacier Bay. This exception provides 
insufficient management of vessel traffic through the designated lower 
bay whale waters. A portion of the daily private vessel quota would be 
reserved and made available 48 hours before the date for which the 
permit would be issued to equitably accommodate the varied needs of 
visitors and area residents. The park places a high value on providing 
access for local users and those who travel with limited advanced 
destination planning. The NPS also considered providing an exception to 
operating requirements when necessary to avoid an immediate threat to 
passenger or vessel safety. Deviations may be necessary for legitimate 
safety reasons but these circumstances do not require a new regulatory 
exception. (See 36 CFR 1.2.)
    Paragraph (b)(2)(iii) also adds ``non-commercial'' to the exception 
for vessels engaged in official business of the state or federal 
government. This clarifies that Alaska Marine Highway System ferry 
vessels are not covered by this exception. These vessels are engaged in 
commercial operations, i.e., the transport of passengers for hire.
    In paragraph (b)(2)(v), ``Restrictions on vessel entry,'' the 
proposed limits on vessels in Glacier Bay will be implemented by a 
daily and seasonal vessel quota replacing ``Allowable vessel use days 
per day,'' ``Total entries allowed,'' and ``Total vessel use days 
allowed.'' This will help simplify by using one term--quota-- and by 
reducing the three categories to two categories.
    For cruise ships, the table would establish two separate seasonal 
vessel quota periods--for the months of May and September an initial 
combined quota of 92 cruise ships with the potential to increase to 
122, and for June 1-August 31, continue with an initial quota of 139 
cruise ships with the potential to increase to 184. The May and 
September seasonal vessel quota is based on the known presence of 
humpback whales in Glacier Bay during this time period and is 
proportionally the same as the initial June 1-August 31 seasonal vessel 
quota. The table establishes an upper end quota level to which the 
seasonal vessel quotas for cruise ships could be increased by the 
superintendent based on stated criteria found in (b)(2)(v)(A),(B), and 
(C) of this rule.
    The seasonal limits on charter vessel entries would be eliminated 
to better serve public demand and reduce the complexity of the program. 
The daily charter vessel quota would remain at six.
    Limits on seasonal private vessel total entries and total vessel 
use days allowed would be eliminated. The daily vessel quota would 
remain at 25. This better serves public demand by reducing the 
complexity of the program and potentially increasing the number of 
private vessels from the current 1,971 to 2,300. This would also end 
the problematic practice of ``apportioning'' entries to ensure late 
season visitors may still enter Glacier Bay and allows flexibility to 
give short-notice permits to private vessels, particularly those based 
in Bartlett Cove.
    Passenger ferry entries to Bartlett Cove, in accordance with 
section 127 of Public Law 105-83, are set at a year-round daily vessel 
quota of one.
    Paragraph (b)(2) (B) has been modified for clarity and the time 
frames previously listed have been eliminated. This allows the 
Superintendent the flexibility to make cruise ship quota determinations 
approximately 18 months in advance of a cruise ship season. This time 
frame is in recognition of the cruise ship industry's need for advance 
planning. The proposed change also ensures that public comment is 
accepted prior to a determination. Current regulation provides for 
public comment after publication in the

[[Page 10944]]

Federal Register of the Superintendent's recommendation for an 
increase. The proposed change provides clarity on how the public 
comment process will occur.

Section 13.65(b)(3) Operating Restrictions

    The proposed regulations would discontinue the whale waters 
designation and restrictions at three of the four areas in Glacier 
Bay--Whidbey Passage, East Arm Entrance and Russell Island Passage. The 
lower bay whale waters are the only location where a permanent 
designation of whale waters is necessary and practical. Whale water 
protections currently in place there from May 15 through August 31 
[(3)(iv)(A)(1)] would be extended through September 30 in the proposed 
rule. Experience since 1996 has shown that designating whale waters in 
other areas where whales are not present is not effective and it makes 
the system overly complicated for visitors of Glacier Bay. Protection 
of the areas formerly designated as whale waters would be accomplished 
via the superintendent's authority to designate temporary whale waters 
when whales are found to be gathering and staying for several days in a 
particular location.
    The existing regulations restrict vessel speed in lower bay whale 
waters to twenty (20) knots speed through the water and, when 
designated due to the presence of whales, ten (10) knots speed through 
the water. The proposed regulations would increase the speed limit, 
when designated due to the presence of whales, from ten (10) to 
thirteen (13) knots speed through the water. The best available 
information indicates that speeds of 14 knots or more are likely to 
lead to whale fatality in the event of a whale-vessel collision, 
particularly for vessels 80 meters (262 feet) or more in length. See 
Laist, D. W., A. R. Knowlton, J. G. Mead, A. S. Collet and M. Podesta, 
Collisions between Ships and Whales. Marine Mammal Science, 17(1): 35-
75 (2001). The Superintendent may impose the new speed limit of 
thirteen (13) knots in any area designated as whale waters for all 
vessels, or may limit the imposition to vessels of a certain size or 
type depending upon the number of whales estimated to be present, 
frequency of vessel traffic, underwater topography and other relevant 
factors. Based on the scientific data gathered over the past decade of 
monitoring, (see NOAA Biological Opinion dated August 5, 2003, FEIS, 
Appendix K, p. 45) the NPS does not believe that increasing the speed 
allowed in whale waters from 10 to 13 knots will have any negative 
consequences for whales or other wildlife. The public notice is 
proposed to follow existing public notice procedures found in 36 CFR 
1.7. The current regulation which provides for submission to the U.S. 
Coast Guard for publication is dated, as much of this information is 
now provided electronically. The procedures in 36 CFR 1.7 provide 
better flexibility to meet the need to properly inform park visitors.
    The fuel dock regulation, (b)(4)(ii)(F), would be revised by adding 
Superintendent discretion to authorize other uses to protect park 
resources or public safety. This would cover the rare instances when a 
vessel is unable to dock at the public dock but could dock safely at 
the fuel dock. The park does not believe this would be a frequent 
occurrence, as these two docks were constructed, to separate general 
vessel docking from hazardous fueling activities.
    Current paragraph (b)(3)(ix) would be revised by removing sub-
paragraphs (A) and (B), which are redundant, and redesignating without 
change the remainder as paragraph (b)(4) under the new heading ``What 
are the rules for using Bartlett Cove waters and docks.''

Section 13.65(b)(4) Bartlett Cove

    As noted above, this paragraph is a redesignation of current 
paragraph (b)(3)(ix). Other than the addition of a heading and the 
provision for use of the fuel dock noted above, there are no other 
changes proposed for this paragraph.

Section 13.65(b)(5) Marine Vessel Visible Emissions Standards

    This proposed paragraph would redesignate and revise current 
paragraph (b)(4) to conform to Public Law 104-333, section 703, and 
would adopt State of Alaska Marine Vessel Visible Emission Standards as 
a part of this rule.

Sections 13.65(b)(6) Through (10)

    Current paragraphs (b)(5) through (b)(9) would be redesignated 
without change as paragraphs (b)(6) through (b)(10) to accommodate the 
proposed changes discussed above.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    The Office of Management and Budget has determined that this is not 
a significant rule and is not subject to review under Executive Order 
12866.
    This rule will not have an effect of $100 million or more on the 
economy. It will not adversely affect in a material way the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities. These 
conclusions are based on the analysis contained in the final 
environmental impact statement and a report prepared on the economic 
impact of this regulation, ``Economic Analysis of Vessel Management 
Alternatives in Glacier Bay National Park and Preserve'', prepared for 
the NPS, Environmental Quality Division, by Research Triangle 
Institute.
    This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. Actions 
taken under this rule will not interfere with other agencies or local 
government plans, policies, or controls. This is an agency specific 
rule.
    This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. It would only affect the operations of various types 
of motor vessels on waters managed by the park. No grants or other 
forms of monetary supplement are involved.
    This rule does not raise novel legal or policy issues.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
It has been determined that there will be no incremental negative 
impacts on small entities because revenue losses are not expected. 
Possible future increases in vessel quota levels relative to the 
baseline are expected to lead to incremental increases in business 
revenue. This certification is based on information contained in the 
report titled, ``Economic Analysis of Vessel Management Alternatives in 
Glacier Bay National Park and Preserve'' (RTI International, Health, 
Social, and Economic Research, Research Triangle Park, N.C. 27709). 
This report is available from the NPS, Glacier Bay National Park and 
Preserve as indicated above under the heading FOR FURTHER INFORMATION 
CONTACT.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule--
     Does not have an annual effect on the economy of $100 
million or more.

[[Page 10945]]

As noted above, no incremental negative impacts on small businesses are 
expected and possible future increases in vessel quota levels would 
result in increases in business revenue;
     Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The proposed regulations of this 
rulemaking will generally maintain existing patterns of vessel 
management in the park relative to costs or prices; and
     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. The 
various provisions of this proposed rule do not apply differently to 
U.S.-based enterprises and foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required because no taking of property will occur as a result of 
this proposed rule.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. The proposed rule is limited in effect to 
federal lands and waters managed by the NPS and will not have a 
substantial direct effect on state and local government in Alaska.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. This rule does not impose a new burden on the judicial 
system.

Paperwork Reduction Act

    This regulation requires an information collection from 10 or more 
parties, which must be submitted for OMB approval under the Paperwork 
Reduction Act. However, these are not new collection requirements and, 
therefore, no additional request to OMB has been prepared. The 
information collection activities are necessary for the public to 
obtain benefits in the form of concession contracts and special use 
permits. Information collection associated with the award of concession 
contracts is covered under OMB control number 1024-0125; the 
information collection associated with the issuance of special use 
permits is covered under OMB control number 1024-0026.

National Environmental Policy Act

    A Final Environmental Impact Statement (FEIS) has been completed 
and a Record of Decision (ROD) issued. The following topics are 
addressed in the EIS: soundscape; air quality; water quality; 
threatened and endangered species; marine mammals; marine birds and 
raptors; marine fishes; coastal/shoreline environmental and biological 
communities; cultural resources; visitor experience; vessel use and 
safety; wilderness resources; local and regional socio-economic 
conditions.
    Both the DEIS and FEIS consider:
     Establishment of vessel quotas and designation of quota 
seasons for Glacier Bay;
     Definition of vessel classification criteria;
     Exemption of private vessels based in Bartlett Cove;
     Issuance of vessel permits on a short-notice basis;
     Establishment of vessel travel routes for cruise ships and 
waters closed to cruise ship and/or tour vessel use;
     Vessel speed restrictions and speed measurement methods; 
and
     Establishment of vessel quotas and designation of quota 
seasons for tour and/or charter vessels for Dundas Bay (currently no 
vessel quotas are in place for Dundas Bay).
    Several consultations took place with government agencies during 
the EIS process, including with the Hoonah Indian Association, a 
federally recognized tribal government; the State of Alaska; NOAA 
Fisheries; and the U.S. Fish and Wildlife Service. Formal endangered 
species consultation took place with NOAA Fisheries in accordance with 
section 7 of the Endangered Species Act.
    NOAA Fisheries issued a biological opinion on August 5, 2003. 
Species considered in the opinion were the Steller sea lion, 
specifically the threatened eastern stock and the endangered western 
stock, and the endangered central North Pacific humpback whale. NOAA 
Fisheries concluded that the ``proposed vessel quota increases and 
operating requirements in Glacier Bay, as proposed, are not likely to 
jeopardize the continued existence of listed species in the action 
area, or destroy or adversely modify designated critical habitat found 
in the action area.'' In formulating its opinion, NOAA Fisheries used 
the best available information, including information provided in the 
DEIS that served as the Biological Assessment for section 7 
consultation along with information obtained during discussions with 
NPS staff regarding the new alternative included in the FEIS.
    The NPS Alaska Regional Director signed a ROD on November 21, 2003. 
A notice announcing the decision was published in the Federal Register 
on December 16, 2003 (68 FR 70031). The ROD documents the NPS decision 
to modify quotas and operating requirements for four types of motor 
vessels--cruise ships and tour, charter and private vessels--within 
Glacier Bay. The ROD addresses the continuing demand for motor vessel 
access into Glacier Bay in a manner that protects park resources and 
values while also providing a range of opportunities for visitors 
consistent with park purposes and values. It was based on consideration 
of the park's purposes and mission, resources and values, NPS policies, 
comments received throughout the EIS process, and information and 
analysis in the EIS. In reaching a decision, NPS carefully considered 
the comments and concerns expressed by the public throughout the EIS 
process.
    The NPS selected alternative 6, as described in the FEIS, with the 
following modifications--
     The July 1 through August 21 timeframe during which a 
0.25-nautical-mile vessel approach distance to a seal hauled out on ice 
in Johns Hopkins Inlet waters will be retained as in current 
regulations and will not be extended to year-round;
     A 13-knot speed limit for vessels greater than or equal to 
262 feet (80 meters) will be in effect in Glacier Bay as needed, rather 
than on a year-round basis; and
     Existing conditions do not support immediate 
implementation of motor vessel limits in Dundas Bay.
    Studies and monitoring are insufficient to support the need for 
limits at this time. The NPS will undertake study and monitoring of use 
and resource conditions in Dundas Bay and will impose limits when a 
clearer need is established. A research framework, developed with the 
assistance of a scientific advisory board, will help ensure that 
appropriate studies and monitoring will be

[[Page 10946]]

undertaken to guide vessel management, including a decision(s) 
regarding possible increases in seasonal-use day numbers for cruise 
ships in Glacier Bay.
    None of the effects resulting from any of the alternatives 
evaluated during the EIS process, including the alternative presented 
in the ROD, would impair park resources and values.
    The FEIS and ROD are available online at: https://www.nps.gov/glba 
or at Glacier Bay National Park and Preserve, as indicated above under 
the heading FOR FURTHER INFORMATION CONTACT.

Government-to-Government Relationship With Tribes

    In accordance with Executive Order 13175 ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249); the 
President's memorandum of April 29, 1994, ``Government to Government 
Relations with Native American Tribal Governments'' (59 FR 22951); the 
Department of the Interior-Alaska Policy on Government-to-Government 
Relations with Alaska Native Tribes dated January 18, 2001; Part 512 of 
the Departmental Manual, Chapter 2, ``Departmental Responsibilities for 
Indian Trust Resources''; and the park consultation agreement with 
tribal governments, the potential effects on federally-recognized 
Indian tribes and have been evaluated.
    During the past several years, the NPS has developed an effective 
working relationship with the Hoonah Indian Association and other 
regional Native organizations with interests in matters pertaining to 
Glacier Bay National Park and Preserve. All parties consulted concur 
that Glacier Bay and Dundas Bay lie within the traditional homelands of 
the Hoonah Tlingits, and that the Hoonah Indian Association, a 
federally recognized tribal government, is the representative 
government for Hoonah Tlingits. During this extended consultation the 
full range of issues relating to vessel quotas, operating requirements, 
and cultural resources has been identified and discussed at length. 
Extensive ethnographic research had been conducted to gather detailed 
information about cultural resources important to Hoonah Tlingits. 
Meetings were held with the tribal government and with community and 
tribal members.

Clarity of Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to read if it were divided into 
more (but shorter) sections? (A ``section'' appears in bold type and is 
preceded by the symbol ``Sec.  '' and a numbered heading; for example 
Sec.  7.XX .........) (5) Is the description of the rule in the 
``Supplementary Information'' section of the preamble helpful in 
understanding the proposed rule? What else could we do to make the rule 
easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You may also e-mail the comments to this address: Exsec@ios.doi.gov.
    Drafting Information: The primary authors of this regulation were: 
Tomie Lee, Superintendent; Chuck Young, Chief Ranger; Dave Nemeth, 
Chief of Concessions; and Nancy Swanton, Park Planner at Glacier Bay 
National Park and Preserve; Jay Liggett, Paul Hunter, and Andee Hansen 
at the Alaska Regional Office; Russel J. Wilson, Deputy Superintendent, 
Sequoia and Kings Canyon National Parks and Jerry Case, Regulations 
Program Manager, Washington, DC.

Public Participation

    If you wish to comment, you may submit your comments by any one of 
several methods. You may submit comments electronically through the 
Federal eRulemaking Portal: https://www.regulations.gov. The Regulatory 
Information Number (RIN) must be included. It is 1024-AD25. Your name 
and return address must be included in the body of your Internet 
message. You also may mail comments to Superintendent Tomie Patrick 
Lee, Glacier Bay National Park and Preserve, P.O. Box 140 Gustavus, AK 
99826. Finally, you may hand deliver comments to Superintendent Tomie 
Patrick Lee at Glacier Bay National Park and Preserve Headquarters 
Office at Bartlett Cove.
    Our practice is to make comments, including names and addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
from the rulemaking record, which we will honor to the extent allowable 
by law. If you wish us to withhold your name and/or address, you must 
state this prominently at the beginning of your comment. However, we 
will not consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety.

List of Subjects in 36 CFR Part 13

    Alaska, National Parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 13 as follows:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

    1. The authority citation for part 13 is revised to read as 
follows:

    Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 152, Pub. 
L. 105-277, 112 Stat. 2681-268.
    Section 13.65 also issued under 16 U.S.C. 1a-2(h), 20, 1361, 
1531, 3197; Sec. 703, Pub. L. 104-333, 110 Stat. 4185: Sec. 127, 
Pub. L. 105-83, 111 Stat. 26: Sec. 123, Pub. L. 105-277, 112 Stat. 
2681-259, October 21, 1998; Sec. 501, Pub. L. 106-31, 113 Stat. 72, 
May 21, 1999; and Sec. 130, Pub. L. 107-63, 115 Stat. 442.
    Section 13.66(c) also issued under Sec. 1035, Pub. L. 104-333, 
110 Stat. 4240, November 12, 1996.

    2. Section 13.65 is amended as follows:
    A. In paragraph (b)(1), remove the definitions of ``Entry'', 
``Operate or operating'', ``Pursue'', and ``Vessel use-day''.
    B. In paragraph (b)(1), revise the introductory language and the 
definitions of ``Charter vessel'', ``Commercial fishing vessel'', 
``Cruise ship'', ``Glacier Bay'', ``Private vessel'', ``Speed through 
the water'', and ``Tour vessel''.
    C. In paragraph (b)(1), add in alphabetical order definitions of 
``Daily vessel quota'', ``Passenger ferry'', and ``Seasonal vessel 
quota''.
    D. Revise paragraph (b)(2).
    E. In paragraph (b)(3), revise the introductory language and 
paragraphs (b)(3)(i) through (v).
    F. Redesignate paragraphs (b)(4) through (9) as paragraphs (b)(5) 
through (10).
    G. In paragraph (b)(3)(ix), remove paragraphs (b)(3)(ix)(A), (B), 
and (C), and redesignate the paragraph and its constituent 
subparagraphs as shown in the following table:

[[Page 10947]]



------------------------------------------------------------------------
     Current paragraph designation          New paragraph designation
------------------------------------------------------------------------
(b)(3)(ix), introductory text..........  (b)(4), introductory text.
(b)(3)(ix)(C)(1), introductory text....  (b)(4)(i), introductory text.
(b)(3)(ix)(C)(1)(i)....................  (b)(4)(i)(A).
(b)(3)(ix)(C)(1)(ii)...................  (b)(4)(i)(B).
(b)(3)(ix)(C)(1)(iii)..................  (b)(4)(i)(C).
(b)(3)(ix)(C)(1)(iv)...................  (b)(4)(i)(D).
(b)(3)(ix)(C)(1)(v)....................  (b)(4)(i)(E).
(b)(3)(ix)(C)(2), introductory text....  (b)(4)(ii), introductory text.
(b)(3)(ix)(C)(2)(i)....................  (b)(4)(ii)(A).
(b)(3)(ix)(C)(2)(ii)...................  (b)(4)(ii)(B).
(b)(3)(ix)(C)(2)(iii)..................  (b)(4)(ii)(C).
(b)(3)(ix)(C)(2)(iv)...................  (b)(4)(ii)(D).
(b)(3)(ix)(C)(2)(v)....................  (b)(4)(ii)(E).
(b)(3)(ix)(C)(2)(vi)...................  (b)(4)(ii)(F).
(b)(3)(ix)(C)(2)(vii)..................  (b)(4)(ii)(G).
(b)(3)(ix)(C)(2)(viii).................  (b)(4)(ii)(H).
------------------------------------------------------------------------

    H. Redesignate paragraphs (b)(3)(x) and (b)(3)(xi) as paragraphs 
(b)(4)(ii)(I) and (b)(4)(ii)(J), respectively.
    I. Revise redesignated paragraph (b)(4) introductory text.
    J. Revise redesignated paragraph (b)(4)(ii)(F).
    K. Revise redesignated paragraph (b)(5).
    L. In redesignated paragraphs (b)(6) through (10), revise the 
heading of each paragraph.
    The additions and revisions read as follows:


Sec.  13.65  Glacier Bay National Park and Preserve.

* * * * *
    (b) * * *
    (1) What terms do I need to know?
* * * * *
    Charter vessel means any motor vessel of less than 100 tons gross 
(U.S. System) or 2,000 tons gross (International Convention System) 
engaged in transport of passengers for hire and certificated to carry 
no more than 12 passengers overnight and no more than 49 passengers for 
daytime use. Charter vessels also include any uninspected motor vessel 
measuring less than 200 tons gross (U.S. Tonnage ``Simplified 
Measurement System'') and not more than 24 meters (79 feet) in length 
engaged in transport of passengers for hire.
    Commercial fishing vessel means any motor vessel conducting fishing 
activities under the appropriate commercial fishing licenses as 
authorized under paragraph (a) of this section.
    Cruise ship means any motor vessel of at least 100 tons gross (U.S. 
System) or 2,000 tons gross (International Convention System) 
certificated to carry more than 12 passengers for hire.
    Daily vessel quota means the maximum number of vessels allowed, by 
vessel category, on any one calendar day.
    Glacier Bay means all waters inside a line drawn between Point 
Gustavus (58.37914 N. Latitude; 135.915445 W. Longitude) and Point 
Carolus (58.37824 N. Latitude; 136.042250 W. Longitude).
* * * * *
    Passenger ferry means a motor vessel authorized by the 
Superintendent to engage in the transport of passengers for hire to 
Bartlett Cove.
    Private vessel means any motor vessel that is not engaged in 
business (business includes, but is not limited to, transportation of 
passengers for hire or commercial fishing).
* * * * *
    Seasonal vessel quota means the maximum number of vessels allowed, 
by vessel category, during a specific seasonal period.
    Speed through the water means the speed at which a vessel moves 
through the water (which itself may be moving), as distinguished from 
``speed over the ground'' (speed measured in relation to a fixed point 
on the earth).
    Tour vessel means any motor vessel of less than 100 tons gross 
(U.S. System) or 2,000 tons gross (International Convention System) 
engaged in transport of passengers for hire and certificated to carry 
more than 12 passengers overnight or more than 49 passengers for 
daytime use.
* * * * *
    (2) Is a permit required for a vessel in Glacier Bay? A permit from 
the superintendent is required for motor vessels in accordance with 
this section and applicable regulations in this part.
    (i) Private vessel permits and conditions. In Glacier Bay from June 
1 through August 31 an individual must have a permit from the NPS 
issued for a specific vessel for a specific period of time.
    (A) From June 1 through August 31, when the operator of a private 
vessel enters Glacier Bay for the first time that calendar year, the 
operator must go directly to the Bartlett Cove Ranger Station for 
orientation.
    (B) From May 1 through September 30, the operator of a private 
vessel must immediately notify the Bartlett Cove Ranger Station of the 
vessel's entry to or exit from Glacier Bay.
    (ii) Commercial vessel permits and conditions. Each commercially 
operated motor vessel must have a permit to operate in Glacier Bay 
National Park and Preserve in accordance with Sec.  5.3 of this 
chapter.
    (A) A cruise ship must have a concession contract to operate in 
Glacier Bay.
    (B) A tour vessel, charter vessel, and passenger ferry must have a 
commercial authorization to operate in Glacier Bay.
    (C) The operator of a cruise ship, tour vessel, charter vessel, and 
passenger ferry must notify the Bartlett Cove Ranger Station of the 
vessel's entry into Glacier Bay within 48 hours in advance of entering 
Glacier Bay or immediately upon entry.
    (D) Cruise ships and tour vessels are prohibited from operating in 
the Beardslee Entrance and at the entrance to Adams Inlet, as defined 
as waters within the Wilderness boundaries in those respective areas.
    (E) Off-boat activity from a cruise ship, tour vessel, or charter 
vessel is prohibited, unless authorized by the superintendent.
    (F) Off-boat activity from a passenger ferry is prohibited, except 
for passenger access at the Bartlett Cove docks.
    (G) A passenger ferry must travel a direct course between the mouth 
of Glacier Bay and Bartlett Cove, except as provided in paragraph 
(b)(1)(iii)(E) of this section.
    (iii) Exceptions from vessel permit requirement. A vessel permit is 
not required in Glacier Bay when--

[[Page 10948]]

    (A) A motor vessel is engaged in official, non-commercial business 
of the state or federal government;
    (B) A motor vessel is operating in Bartlett Cove waters east of a 
line extending from the long axis of the fuel dock to the wilderness 
boundary at Lester Island;
    (C) One motor vessel is launched from a motor vessel that has a 
permit and only while the authorized motor vessel remains at anchor or 
operated in accordance with a concession agreement from a permitted 
motor vessel while that vessel is not underway.
    (D) A commercial fishing vessel authorized under paragraph (a) of 
this section is actively engaged in commercial fishing; or
    (E) A vessel is granted safe harbor by the superintendent.
    (iv) Prohibitions. (A) Operating a motor vessel in Glacier Bay 
without a required permit is prohibited.
    (B) Violating a term or condition of a permit or an operating 
condition or restriction issued or imposed pursuant to this chapter is 
prohibited.
    (C) The superintendent may immediately suspend or revoke a permit 
or deny a future permit request as a result of a violation of a 
provision of this chapter.
    (v) Restrictions on vessel entry. The superintendent will allow 
vessel entry in accordance with the following table:

----------------------------------------------------------------------------------------------------------------
                                    Daily
                                    vessel    Period covered by   Seasonal vessel
         Type of vessel             quotas           DVQ            quota (SVQ)        Period covered by SVQ
                                    (DVQ)
----------------------------------------------------------------------------------------------------------------
Cruise ship.....................          2  Year-round........  Up to 184.......  June 1-August 31.
                                  .........                      Up to 122.......  May and September.
Tour vessel.....................          3  Year-round........  n/a.............  n/a.
Charter vessel..................          6  June 1-Aug. 31....  n/a.............  n/a.
Private vessel..................         25  June 1-Aug. 31....  n/a.............  n/a.
Passenger ferry.................          1  Year-round........  n/a.............  n/a.
----------------------------------------------------------------------------------------------------------------
Note: Cruise ships and tour vessels are limited to the daily vessel quota year-round. Charter and private
  vessels are not subject to quotas from September through May.

    (A) The director will reduce the vessel quota levels for any or all 
categories of vessels in this section as required to protect the values 
and purposes of Glacier Bay National Park and Preserve. The director 
will make these reductions based on the controlling biological opinion 
issued by the National Oceanic and Atmospheric Administration Fisheries 
under section 7 of the Endangered Species Act, applicable authority, 
and any other relevant information.
    (B) The superintendent will annually determine the cruise ship 
quota. This determination will be based upon applicable authorities, 
appropriate public comment and available scientific and other 
information. The number will be subject to the maximum daily vessel 
quota of two vessels.
    (C) Nothing in this section will be construed to prevent the 
superintendent from taking any action at any time to protect the values 
and purposes of Glacier Bay National Park and Preserve.
    (3) What are the rules for operating vessels? (i) Operating a 
vessel within one-quarter nautical mile of a whale is prohibited, 
except for a commercial fishing vessel authorized under paragraph (a) 
of this section that is actively trolling, setting, or pulling long 
lines, or setting or pulling crab pots.
    (ii) The operator of a vessel inadvertently positioned within one-
quarter nautical mile of a whale must immediately slow the vessel to 
ten knots or less, without shifting into reverse unless impact is 
likely. The operator must direct or maintain the vessel on as steady a 
course as possible away from the whale until at least one-quarter 
nautical mile of separation is established. Failure to take such action 
is prohibited.
    (iii) The operator of a vessel or seaplane positioned within one-
half nautical mile of a whale is prohibited from altering course or 
speed in a manner that results in decreasing the distance between whale 
and the vessel or seaplane.
    (iv) Whale water designations and restrictions. (A) From May 15 
through September 30, the following waters are designated whale 
waters--
    (1) Waters north of a line drawn from Point Carolus to Point 
Gustavus and south of a line drawn from the northernmost point of Lars 
Island across the northernmost point of Strawberry Island to the point 
where it intersects the line that defines the Beardslee Island group, 
and following that line south and west to the Bartlett Cove shore (so 
as to include the Beardslee Entrance and Bartlett Cove); and
    (2) Other waters designated by the superintendent as temporary 
whale waters.
    (B) The public will be notified of other waters designated as 
temporary whale waters in accordance with Sec.  1.7 of this chapter.
    (C) Violation of a whale water restriction is prohibited. The 
following restrictions apply in whale waters unless otherwise provided 
by the superintendent in the designation:
    (1) Operating a motor vessel less than one nautical mile from shore 
(where the width of the water permits), or in narrower areas navigating 
outside of mid-channel is prohibited. This restriction does not apply 
to motor vessels less than 18 feet in length, or vessels actively 
engaged in fishing activities or operating solely under sail.
    (2) Unless other restrictions apply, operators may perpendicularly 
approach or land on shore (i.e., by the most direct line to shore) 
through designated whale waters, but they may not transit along the 
shore.
    (3) Operators must follow motor vessel speed limits in paragraph 
(b)(3)(v)(A) of this section.
    (v) Speed restrictions. (A) From May 15 through September 30 in 
designated whale waters the following are prohibited--
    (1) Operating a motor vessel at more than 20 knots speed through 
the water; or
    (2) Operating a motor vessel at more than 13 knots speed through 
the water, when the superintendent has designated a maximum speed of 13 
knots.
    (B) From July 1 through August 31, operating a motor vessel on 
Johns Hopkins Inlet waters south of 58[deg]54.2' N. latitude (a line 
running due west from Jaw Point) at more than 10 knots speed through 
the water is prohibited.
* * * * *
    (4) Other restrictions. The superintendent will make rules for the 
safe and equitable use of Bartlett Cove waters and for park docks. The 
superintendent will notify the public of these rules by posting a sign 
or a copy of them at the dock. Failure to obey a sign or posted rule is 
prohibited.
* * * * *
    (ii) * * *

[[Page 10949]]

    (F) Utilizing the fuel dock for activities other than fueling and 
waste pump-out is prohibited. Other uses may be authorized by the 
Superintendent to protect park resources or public safety.
* * * * *
    (5) What are the emission standards for vessels? (i) The State of 
Alaska statutes and regulations applicable to marine vessel emission 
standards are adopted as a part of these regulations.
    (ii) Violating a State of Alaska statute or regulation applicable 
to marine vessel visible emission standards is prohibited.
    (6) May I collect or burn interstadial wood? * * *
    (7) May I collect rocks and minerals? * * *
    (8) May I collect goat hair? * * *
    (9) Do I need a camping permit in Glacier Bay? * * *
    (10) Is a permit required to transport passengers between Bartlett 
Cove and Gustavus? * * *

    Dated: February 7, 2006.
Matthew J. Hogan,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 06-2000 Filed 3-2-06; 8:45 am]
BILLING CODE 4310-70-P