Glacier Bay National Park, Vessel Management Plan Regulations, 69328-69358 [E6-19968]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 71, Number 230 (Thursday, November 30, 2006)]
[Rules and Regulations]
[Pages 69328-69358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19968]



[[Page 69327]]

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Part IV





Department of the Interior





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National Park Service



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36 CFR Part 13



Glacier Bay National Park, Vessel Management Plan Regulations; Final 
Rule

Federal Register / Vol. 71, No. 230 / Thursday, November 30, 2006 / 
Rules and Regulations

[[Page 69328]]


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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: Final rule and technical amendment.

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SUMMARY: This rule revises the special regulations for vessel quotas 
and operating requirements for cruise ships, tour vessels, charter 
vessels, private vessels, and passenger ferries within Glacier Bay 
National Park and Preserve. The rule implements the related final 
environmental impact statement completed in 2003 for vessel management 
in the park and preserve. This rule also makes nonsubstantive technical 
reorganizational changes for all of part 13. The part 13 
reorganization, while not included in the proposed rule, is a result of 
comments received regarding the complexity of the Glacier Bay 
regulations specifically, as well as comments received previously for 
various rulemaking documents concerning the organization of part 13 
generally.

DATES: This rule is effective on January 2, 2007.

FOR FURTHER INFORMATION CONTACT: Glacier Bay vessel management 
information: Tomie Patrick Lee, Superintendent, Glacier Bay National 
Park and Preserve, P.O. Box 140, Gustavus, Alaska 99826. Telephone: 
(907) 967-2230.
    Part 13 reorganization information: Vic Knox, Deputy Regional 
Director, National Park Service, 240 W. 5th Avenue, Anchorage, Alaska 
99501. Telephone: (907) 644-3501.

SUPPLEMENTARY INFORMATION:

Background

    This rule revises the special regulations for vessel quotas and 
operating requirements for cruise ships, tour vessels, charter vessels, 
private vessels, and passenger ferries within Glacier Bay National 
Park. The rule implements a final environmental impact statement (FEIS) 
completed in 2003 for vessel management in the Park. In 2001, the Ninth 
Circuit Court of Appeals determined that a 1996 increase in vessels 
into Glacier Bay violated the National Environmental Policy Act because 
an environmental impact statement (EIS) had not been prepared when the 
vessel entry quota was increased. 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 resulting in a reduction 
in vessel traffic. Following the court decision, Congress enacted 
legislation (Sec. 130, Pub. L. 107-63, 115 Stat. 442, Nov. 5, 2001) 
that returned the vessel quotas to the 2000 calendar year level until 
changed based on an EIS that was directed to be completed by January 1, 
2004. The EIS was completed and announced in the Federal Register on 
October 10, 2003. The Record of Decision (ROD) for the EIS was signed 
on November 21, 2003. On March 3, 2006, a proposed rule was published 
in the Federal Register (71 FR 10940) to implement a portion of the 
ROD.
    Under these revised rules, daily vessel quotas remain unchanged, 
however, the regulations provide an administrative procedure for 
increases in seasonal quotas up to the daily maximum of two cruise 
ships. Although the final regulation provides for an increase in 
seasonal quotas of cruise ships, increased resource protection is also 
provided by extending the seasonal-use day quota season for cruise 
ships to include May and September, requiring the superintendent to 
carefully evaluate available studies before allowing any increase in 
cruise ship numbers, and revising operating requirements. Subject to 
the established daily quotas, seasonal limitations are eliminated for 
all other vessel categories. Pursuant to statute, a new vessel 
category, passenger ferry, is added with a daily quota of one. The 
various proposals regarding definitions and vessel operational 
requirements have also been adopted unless noted otherwise in the 
``Changes to the Final Rule'' section. As used within this document, 
the terms ``we,'' ``our,'' and ``us'' refer to the National Park 
Service.

Summary of Comments

    The proposed rule was published for public comment on March 3, 2006 
(71 FR 10940), with the initial comment period lasting until May 2, 
2006. The National Park Service received 28 timely written responses, 
plus two petitions, regarding various sections of the proposed rule. 
One petition was signed by 113 individuals and the other was signed by 
106 individuals. All of the written responses were either separate 
letters or e-mail messages. Of the 28 written responses, one was from 
the State of Alaska, two were from non-governmental organizations 
(including one consolidated response from 6 signatory groups), 5 were 
from small businesses, and 15 were submitted by individuals. Many 
proposed changes either received supporting comments or no comments. 
These sections are being adopted as proposed, unless noted otherwise 
below. The proposed sections that did receive comments of opposition or 
revision are discussed below.

General Comments

Proposed Quota/Permit System

    1. One commenter expressed support for the simplification of vessel 
management in Glacier Bay. The State of Alaska also commended the NPS 
on efforts to simplify the rules, but said the rule is still complex 
and recommended that the NPS further simplify the system.
    NPS Response: One of the goals of the NPS in this rulemaking was to 
simplify the vessel regulations for Glacier Bay to the extent 
practical, while protecting park resources and access by all user 
groups. The NPS will continue to evaluate other ways to further 
simplify vessel management.

NPS Administrative Use

    2. Several commenters suggested the NPS address and possibly limit 
administrative use. Other commenters recommended that NPS increase 
scientific research efforts.
    NPS Response: The majority of NPS use of Glacier Bay is for 
research purposes so the park can make better management decisions. 
There are other NPS administrative uses of the Bay; including emergency 
response, law enforcement, personnel transfers to cruise ships, and 
access by other State and Federal agencies with shared jurisdiction of 
the Bay. The NPS is aware that administrative use of vessels has an 
impact and the park carefully considers the need for such use against 
the effect on park resources.

Poor Communication Between the City of Gustavus and the NPS

    3. One commenter stated that there has been insufficient 
communication between the NPS and the City of Gustavus and that the 
City Council was not adequately informed about the changes in vessel 
management.
    NPS Response: The NPS is committed to cooperating with all 
interested parties, including the City of Gustavus, regarding 
management of park resources. The NPS has consistently communicated 
with the Mayor of Gustavus and the City Council since the city's 
formation on April 1, 2004. Additionally, there have been numerous 
public meetings in the Gustavus area over the past several years 
regarding changes to vessel management in Glacier Bay.

[[Page 69329]]

Regulation of Private Vessels

    4. One individual commented that the NPS is over-regulating private 
vessels. This individual observed that all known collisions with whales 
have been caused by large commercial touring vessels.
    NPS Response: The NPS does not believe that the park can support 
unlimited private vessel traffic. The environmental analysis indicates 
that all types of vessel traffic impact marine resources as well as the 
visitor experience in Glacier Bay. All vessels used for non-
administrative purposes, including private vessels, are limited by 
number, route, and speed in particular parts of the Bay where whales 
are known to occur during the summer months. There have been two known 
whale fatalities that have occurred in the Bay due to vessel strikes. 
One was caused by a large commercial vessel and the other by a vessel 
of unknown size. In 2003, there also was a nonfatal collision between a 
small vessel and a whale in park waters.

Reduced Public Access

    5. One individual commented that the rules will reduce public 
access.
    NPS Response: In fact, public access to the Bay is increased by 
eliminating the private seasonal vessel quota, which allows an increase 
from 1,972 vessel use days currently to a potential for 2,300 private 
vessel use days per season. A portion of the daily private vessel quota 
would be reserved and made available on a short notice basis (48 hours 
before the date for which the permit would be issued) to accommodate 
visitors and local area residents. The Superintendent would have the 
ability to adjust the ratio between short notice and advanced notice 
permits from year to year to accommodate private vessel use changes 
over time. Additionally, the seasonal vessel quota for cruise ships may 
increase, which, when combined with having ships with large passenger 
capacities, will allow substantially larger numbers of the public to 
visit Glacier Bay. All national park areas must balance the 
congressional mandate to preserve park resources in a manner that will 
leave them unimpaired for future generations. The NPS believes the 
vessel management regulations achieve this balance.

Organization of Regulations

    6. The State of Alaska and other individuals commented that the 
regulatory structure is hard to follow.
    NPS Response: The NPS agrees that the organization of the 
regulations in Part 13, in particular Glacier Bay, needs improvement. 
As currently organized, the regulations are difficult for the public 
and government to use. Accordingly, the NPS has decided to reorganize 
the entire Part 13. This reorganization will establish several new 
subparts and redesignate all sections. It also redesignates numerous 
paragraphs as sections. These changes will make the rule much easier to 
use by introducing new headings and eliminating many levels of 
subdivisions, particularly in the Glacier Bay regulations. With the 
exception of vessel management in Glacier Bay, the substance of the 
Part 13 regulations and their corresponding relationship to 36 CFR 
parts 1-7 and 12 remain completely unaffected by these changes. The 
changes to vessel management in Glacier Bay are clearly identified in 
the proposed rule and changes to the proposed rule are delineated in 
the following section of this document titled ``Changes to the Final 
Rule.''

Specific Comments

Eliminating the Permit Exception

    7. We received 24 comments on the proposal to eliminate the permit 
exception for vessels based in Bartlett Cove. Many commenters requested 
that the NPS retain the permit exemption. Alternative suggestions 
included providing ``grandfather rights'' to people who have utilized 
this exception, suspend the implementation of the regulation until a 
new dock is built in Gustavus or until after the 2006 vessel permit 
season, enforce speed limits and require evasive action if whales are 
encountered, issue seasonal or right-of-way permits to those based in 
Bartlett Cove, allow only charter boats or commercial fishermen with 
lifetime access permits to use the exception, designate one private 
vessel permit as a ``transit'' permit that only one vessel could use at 
a time, or modify the regulatory definition of Glacier Bay or the 
boundaries of the Park to exclude Bartlett Cove. Other individuals 
commented that accessing Bartlett Cove was a right under the provisions 
of ANILCA section 1110(b), Access to Inholdings.
    NPS Response: The NPS appreciates how eliminating this exception 
would affect some local residents. The City of Gustavus is planning on 
upgrading facilities outside the park for mooring or basing vessels in 
the near future. The NPS believes this will provide a reasonable 
alternative for local residents who are not interested in recreating in 
the Bay. For that reason, as a five-year interim solution the NPS has 
decided to adopt one commenter's suggestion to designate one out of the 
25 private vessel permits each day as a ``transit'' permit. This 
``transit'' permit could be used by several different vessels provided 
that only one vessel is using the permit at a time. The ``transit'' 
permit could be used to directly exit Bartlett Cove and allow the 
vessel to return directly to Bartlett Cove. It would not allow travel 
into any other part of Glacier Bay. The superintendent will develop 
application procedures and operating conditions as part of the 
compendium. This provision would cease to be effective five years from 
the effective date of these regulations.
    The NPS does not believe ANILCA section 1110(b) applies in this 
circumstance. Gustavus is not within the boundaries of the park or 
effectively surrounded by the park, nor is access to or from Gustavus 
impeded by the park boundary.

Vessel Definitions

    8. One commenter suggested that the NPS adopt vessel definitions 
that conform to U.S. Coast Guard definitions.
    NPS Response: One of the changes in the charter vessel definition 
was established to conform to a new USCG category that includes vessels 
between 100 and 200 tons that are uninspected, which falls into the NPS 
charter vessel category. USCG definitions are based primarily on 
safety, which the NPS has found does not sufficiently account for 
visitor use patterns, concessions authorizations, and fee structures. 
For this reason, the NPS has adopted different vessel definitions.

Adopt a Separate Vessel Category

    9. One commenter suggested that the Glacier Bay Lodge vessel and a 
possible future kayak drop-off vessel be removed from the charter or 
tour categories.
    NPS Response: This would increase the number of vessels in Glacier 
Bay since these boats would not count toward the quotas for these two 
categories. The quotas, based on biological opinions, the FEIS, and 
ROD, have been determined to be the appropriate number of vessels to 
protect the environment while providing public access.

Safe Harbor Rule

    10. A few commenters expressed support for the safe harbor 
exception to the permit requirement. One individual requested 
clarification on how the safe harbor would be implemented.
    NPS Response: The safe harbor exception would allow vessels to 
operate in Glacier Bay without a permit if the superintendent 
determines on a case-by-case basis that there is a bona fide need for 
safe harbor. This would

[[Page 69330]]

apply to urgent weather, mechanical, or other safety-related 
emergencies; not situations where operating within Glacier Bay is a 
matter of convenience, such as provisioning or dropping off passengers 
to make a transportation connection on time.

Quotas

    11. We received several comments regarding the vessel quotas. The 
State of Alaska requested the NPS allow two cruise ships each day from 
June 1 to August 31 so the maximum of 184 cruise ships can visit 
Glacier Bay during this time. Three commenters recommended the NPS 
maintain existing quota levels. One commenter suggested that charter or 
bare boat rentals should be excluded from private vessel status when 
there are no clients on board.
    NPS Response: The purpose of the FEIS, biological opinions, and 
related studies was to determine the appropriate number of vessels that 
can visit Glacier Bay while protecting park resources and values. These 
quotas represent the NPS's primary mission to conserve park resources 
while providing for public enjoyment. The NPS believes the proposed 
quotas best achieve that mission.
    Vessel quotas are directly tied to research and available 
scientific information. The connection was made by several commenters. 
One commenter suggested utilizing a scientific advisory board regarding 
cruise ship quotas. The proposed regulation ensures that the annual 
cruise ship quota will be based in part on available scientific 
information. This would involve input from the Glacier Bay Science 
Advisory Board, which was established to provide the superintendent 
with the best available information of the effect of cruise ships on 
park resources.

Closing Beardslee Entrance and Adams Inlets

    12. Several commenters expressed support for the proposed closure 
of the Beardslee Entrance and Adams Inlet to cruise ships and tour 
vessels. Two commenters suggested also closing this area to charter 
vessels due to the potential size of vessels in this class. One 
individual suggested making a safe harbor exception to the closure.
    NPS Response: The NPS believes the proposed rule protects resources 
and public safety. The NPS will continue to monitor the effectiveness 
of the rule. Visitor safety is an important concern to the NPS and 
individual situations will be assessed on a case-by-case basis.

Passenger Ferry

    12. Two non-governmental organizations commented on the passenger 
ferry service. One organization expressed opposition to the ferry and 
the other organization suggested adopting size limits.
    NPS Response: Passenger ferry service is authorized by federal law 
and the proposed regulations appropriately implement the statutory 
provisions.

Speed Limits

    13. Two commenters objected to increasing speed limits in Glacier 
Bay whale waters. One of these commenters recommended adopting a 10-
knot speed limit due to potential acoustic impact on whales. Another 
commenter stated boats will not be able to come up on step with the 13-
knot speed limit.
    NPS Response: The NPS adopts a speed limit when there is a safety 
or resource protection need. The current state of scientific 
information does not differentiate between 13 knots or lower speeds as 
a means of reducing acoustic impact on whales. Published scientific 
data indicate that fatal whale strikes are more likely to occur at 
vessel speeds of 14 knots or higher. Consequently, allowing higher 
speeds in whale waters would be inappropriate. For this reason, the NPS 
believes that a 13-knot speed limit is the appropriate limit to protect 
park resources. However, based on NOAA guidelines or new scientific 
information, the superintendent may change the speed limit.

Whale Waters

    14. One commenter said that whales use Whidbey Passage regularly 
which would compel the superintendent to adopt vessel operating 
restrictions, effectively making this area ``de facto'' whale waters.
    NPS Response: Whales commonly use Whidbey Passage, but variability 
in their distribution usually requires whale waters to be designated 
seasonally, rather than using a permanent boundary. The NPS has also 
found that permanent whale waters outside the Lower Bay unnecessarily 
restrict vessel operators when whales are not using those areas. 
Experience has shown that permanent whale waters in areas where whale 
presence is inconsistent can detract from the effectiveness of the 
whale protection regulations. The NPS therefore believes that whales 
will be best protected by designating customized whale waters on a 
case-by-case basis, rather than relying on permanent boundaries that 
may not be valid each year.

Changes to the Final Rule

    Based on the preceding comments and responses, the NPS has made the 
following changes to the proposed rule language for vessel management 
at Glacier Bay National Park:
    Part 13 reorganization--Based on public comments that the rule is 
confusing due to the structure of the regulations, the NPS has decided 
to reorganize the entire Part 13. This reorganization will establish 
several new subparts and redesignate all sections. It also redesignates 
numerous paragraphs as sections. A derivation table showing the old and 
revised section numbers follows. These changes will make the rule much 
easier to use by introducing new headings and eliminating many levels 
of subdivisions, particularly in the Glacier Bay regulations. With the 
exception of vessel management in Glacier Bay, the substance of the 
Part 13 regulations and their corresponding relationship to 36 CFR 
Parts 1-7 and 12 remain completely unaffected by these changes.
    Part 13 Technical amendment--The NPS revised Part 13 in 2004 (69 FR 
70070, Dec. 2, 2004) and inadvertently removed the hearing provision 
for temporary closures and restrictions relating to the taking of fish 
and wildlife in the old Sec.  13.30(d) (now Sec.  13.50(d)). We are 
correcting this mistake.
    Section 13.1160(c)--Permits for vessels based in Bartlett Cove--As 
discussed in the Comments Section, the NPS decided to adopt a 
``transit'' permit provision for private vessels. This regulation would 
be in effect for five years from the effective date of this final rule, 
allowing time for vessel owners to plan for alternatives to basing 
their vessels in Bartlett Cove, and for the City of Gustavus to upgrade 
boat facilities outside the Park. The ``transit'' permit would count 
toward the private daily vessel quota of 25. This ``transit'' permit 
could be used by several different vessels in a day provided that only 
one vessel is using the permit at a time. The ``transit'' permit could 
be used only to directly exit Bartlett Cove and allow the vessel to 
return directly to Bartlett Cove. It would not allow travel into any 
other part of Glacier Bay. The superintendent will develop application 
procedures and operating conditions as part of the compendium. The 
superintendent is considering the following procedures and conditions 
for the 2007 compendium: (1) Making a percentage of the 25 private 
vessel permits available on an advance-notice basis and the remaining 
portion on a short-notice basis (48 hours before the date for which the 
permit would be issued) to

[[Page 69331]]

accommodate visitors and local area residents; (2) one of the short 
notice permits would be set aside as a ``transit'' permit available the 
previous day; (3) multiple parties could use the ``transit'' permit so 
long as only one party was using the permit to transit at any given 
time; (4) the ``transit'' permit could be reserved for a given block of 
time; (5) the ``transit'' permit may not be used for travel further up 
the Bay or to stop and engage in other activities such as fishing; and 
(6) if no party reserves the ``transit'' permit by a specified time on 
the available day of travel, the permit would go back in the pool of 
short-notice private vessel permits that could be used to go up the 
Bay. The NPS welcomes comments on these provisions, and other items in 
the Glacier Bay compendium. The 2007 proposed Glacier Bay compendium 
will be available online at www.nps.gov/glba and from the park directly 
by December 31, 2006. Comments can be made online through the park Web 
site or directly to the park (park address and phone number online at 
www.nps.gov/glba).
    Section 13.1176(a)(c)--Speed Restrictions--The NPS is increasing 
the speed limit to 13 knots from 10 knots as discussed in the proposed 
rule; however, the superintendent may modify the speed limit based on 
NOAA guidelines or new scientific information.
    Section 13.1102--Definitions--The reorganized Glacier Bay 
regulations will have one definitions section for all of Glacier Bay. 
In the old 13.65 regulations, the commercial fishing and resource 
protection subsections each had a definitions section. Creating a 
single definitions section for all of Glacier Bay results in a non-
substantive change to the definition of Glacier Bay with respect to 
commercial fishing. The old 13.65(a) commercial fishing definition of 
Glacier Bay was ``all marine waters within Glacier Bay National Park, 
including coves and inlets, north of an imaginary line drawn from Point 
Gustavus and Point Carolus.'' The definition for Glacier Bay set forth 
in the proposed rule will now apply throughout Glacier Bay and covers 
the same area; however, it defines the area using coordinates. This 
definition of Glacier Bay is: ``all waters inside a line drawn between 
Point Gustavus at 135[deg]54.927' W longitude; 58[deg]22.748' N 
latitude and Point Carolus at 136[deg]2.535' W longitude; 
58[deg]22.694' N latitude.''
    Section 13.1104--Coordinates--The NPS added a new regulation to 
clarify that all coordinates referenced in subpart M use Horizontal 
datum World Geodetic System of 1984 (WGS 84).

                      Derivation Table for Part 13
------------------------------------------------------------------------
             New Section                         Derived From
------------------------------------------------------------------------
                  Subpart A--Administrative Provisions
------------------------------------------------------------------------
13.1                                  13.1
13.2                                  13.2
[removed]                             13.3 [reserved]
13.4                                  13.4
[removed]                             13.11-13.16 [reserved]
------------------------------------------------------------------------
                      Subpart B--General Provisions
------------------------------------------------------------------------
13.20                                 13.10
13.25                                 13.18(a)
13.26                                 13.18(b)
13.30                                 13.19
13.35                                 13.20
13.40                                 13.21
13.45                                 13.22
13.50                                 13.30
13.55                                 13.31
------------------------------------------------------------------------
                            Subpart C--Cabins
------------------------------------------------------------------------
13.100                                13.17(a)
13.102                                13.17(b)
13.104                                13.17(c)
13.108                                13.17(d)(1)
13.110                                13.17(d)(2)
13.112                                13.17(d)(3)
13.114                                13.17(d)(4)
13.116                                13.17(d)(5)
13.118                                13.17(d)(6)
13.120                                13.17(d)(7)
13.122                                13.17(d)(8)
13.124                                13.17(d)(9)
13.126                                13.17(e) introductory text
13.130                                13.17(e)(8)
13.136                                13.17(e)(1) introductory text
13.138                                13.17(e)(1)(i)
13.140                                13.17(e)(1)(ii)
13.142                                13.17(e)(1)(iii)
13.144                                13.17(e)(2)(i)
13.146                                13.17(e)(2)(ii)
13.148                                13.17(e)(2)(iii)
13.149                                13.17(e)(2)(iv)
13.150                                13.17(e)(3)
13.160                                13.17(e)(4)(i) and (ii)
13.161                                13.17(e)(4)(iii)
13.162                                13.17(e)(4)(iv)
13.164                                13.17(e)(4)(v)
13.166                                13.17(e)(4)(vi)
13.168                                13.17(e)(4)(vii)
13.170                                13.17(e)(5)(i)
13.172                                13.17(e)(5)(ii) and (iii)
13.176                                13.17(e)(6)
13.182                                13.17(e)(7)(i)
13.184                                13.17(e)(7)(ii)
13.186                                13.17(e)(7)(iii)
13.188                                13.17(e)(7)(iv)
------------------------------------------------------------------------
                   Subpart E--Special Visitor Services
------------------------------------------------------------------------
13.300                                13.80
13.305                                13.81
13.310                                13.82
13.315                                13.83
13.320                                13.84
13.325                                13.85
13.330                                13.86
13.335                                13.87
------------------------------------------------------------------------
                         Subpart F--Subsistence
------------------------------------------------------------------------
13.400                                13.40
13.410                                13.41
13.420                                13.42
13.430                                13.43
13.440                                13.44
13.450                                13.45
13.460                                13.46
13.470                                13.47
13.480                                13.48
13.485                                13.49
13.490                                13.50
13.495                                13.51
------------------------------------------------------------------------
                Subpart H--Alagnak Wild River [Reserved]
------------------------------------------------------------------------
           Subpart I--Aniakchak National Monument and Preserve
------------------------------------------------------------------------
13.602                                13.60(a)
13.604                                13.60(b)
------------------------------------------------------------------------
             Subpart J--Bering Land Bridge National Preserve
------------------------------------------------------------------------
13.702                                13.61
------------------------------------------------------------------------
             Subpart K--Cape Krustenstern National Monument
------------------------------------------------------------------------
13.802                                13.62
------------------------------------------------------------------------
              Subpart L--Denali National Park and Preserve
------------------------------------------------------------------------
13.902                                13.63(a)
13.904                                13.63(b)
13.906                                13.63(c)
13.908                                13.63(e)
13.910                                13.63(f)
13.912                                13.63(g)
13.914                                13.63(j)
13.916                                13.63(k)
13.930                                13.63(d)(1)
13.932                                13.63(d)(2)
13.934                                13.63(d)(3)
13.936                                13.63(d)(4)
13.950                                13.63(h)(1)
13.952                                13.63(h)(2)
13.954                                13.63(h)(3)
13.956                                13.63(h)(4)
13.958                                13.63(h)(5)
13.960                                13.63(h)(6)
13.962                                13.63(h)(7)
13.970                                13.63(i) introductory text
13.972                                13.63(i)(1)
13.974                                13.63(i)(2)
13.976                                13.63(i)(3)
13.978                                13.63(i)(4)
13.980                                13.63(i)(5)
------------------------------------------------------------------------
        Subpart M--Gates of the Arctic National Park and Preserve
------------------------------------------------------------------------
13.1002                               13.64(a)(1)
13.1004                               13.64(a)(2)
13.1006                               13.64(a)(3)
------------------------------------------------------------------------

[[Page 69332]]

 
            Subpart N--Glacier Bay National Park and Preserve
------------------------------------------------------------------------
13.1102                               13.65(a)(1)
13.1102                               13.65(b)(1)
13.1110                               13.65(b)(5)
13.1112                               13.65(b)(6)
13.1114                               13.65(b)(7)
13.1116                               13.65(b)(8)
13.1120                               13.65(b)(3)(ix)(C)(1)(v)
13.1122                               13.65(b)(3)(ix)(C)(2)
13.1124                               13.65(b)(3)(ix)(C)(1)(i)-(iii)
13.1126                               13.65(b)(3)(ix)(C)(1)(iv)
13.1128                               13.65(b)(9)
13.1130                               13.65 (a)(2)
13.1132                               13.65 (a)(3)
13.1134                               13.65 (a)(4)
13.1136                               13.65 (a)(5)
13.1138                               13.65 (a)(6)
13.1140                               13.65 (a)(7)
13.1142                               13.65 (a)(8)
13.1144                               13.65 (a)(9)
13.1146                               13.65 (a)(10)
13.1150                               13.65(b)(2) introductory text
13.1152                               13.65(b)(2)(i)
13.1154                               13.65(b)(2)(ii)
13.1156                               13.65(b)(2)(iii)
13.1158                               13.65(b)(2)(iv)
13.1160                               13.65(b)(2)(v)
13.1170                               13.65(b)(3)(i)-(iii)
13.1172                               13.65(b)(3)(xi)
13.1174                               13.65(b)(3)(iv)
13.1176                               13.65(b)(3)(v)
13.1178                               13.65(b)(3)(vi)
13.1180                               13.65(b)(3)(vii)
13.1182                               13.65(b)(3)(viii)
13.1184                               13.65(b)(3)(ix) introductory text-
                                       (c) introductory text
13.1186                               13.65(b)(4)
13.1188                               13.65(b)(3)(x)
------------------------------------------------------------------------
              Subpart O--Katmai National Park and Preserve
------------------------------------------------------------------------
13.1202                               13.66(a)
13.1204                               13.66(b)
13.1206                               13.66(d)
13.1208                               13.66(e)
13.1220                               13.66(c) introductory text
13.1222                               13.66(c)(1)
13.1224                               13.66(c)(2)
13.1226                               13.66(c)(3)
13.1228                               13.66(c)(4)
13.1230                               13.66(c)(5)
13.1232                               13.66(c)(6)
13.1234                               13.66(c)(7)
13.1236                               13.66(c)(8)
13.1238                               13.66(c)(9)
13.1240                               13.66(c)(10)
13.1242                               13.66(c)(11)
------------------------------------------------------------------------
                  Subpart P--Kenai Fjords National Park
------------------------------------------------------------------------
13.1302                               13.67(a)
13.1304                               13.67(b)
13.1306                               13.67(c)
------------------------------------------------------------------------
         Subpart Q--Klondike Gold Rush National Historical Park
------------------------------------------------------------------------
13.1402                               13.68(a)
13.1404                               13.68(b)
13.1406                               13.68(c)
------------------------------------------------------------------------
                  Subpart R--Kobuk Valley National Park
------------------------------------------------------------------------
13.1502                               13.69(a)(1)
13.1504                               13.69(a)(2)
------------------------------------------------------------------------
            Subpart S--Lake Clark National Park and Preserve
------------------------------------------------------------------------
13.1602                               13.70
------------------------------------------------------------------------
                   Subpart T--Noatak National Preserve
------------------------------------------------------------------------
[reserved]                            13.71
------------------------------------------------------------------------
                Subpart U--Sitka National Historical Park
------------------------------------------------------------------------
13.1802                               13.72
------------------------------------------------------------------------
        Subpart V--Wrangell-St. Elias National Park and Preserve
------------------------------------------------------------------------
13.1902                               13.73(a)(1)-(3)
13.1904                               13.73(b)
13.1906                               13.73(c)
13.1908                               13.73(d)
13.1910                               13.73(e)
------------------------------------------------------------------------
            Subpart W--Yukon-Charley Rivers National Preserve
------------------------------------------------------------------------
[reserved]                            13.74
------------------------------------------------------------------------

Compliance with Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and has not been reviewed 
by the Office of Management and Budget under Executive Order 12866.
    (1) 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, copies available from Glacier Bay National Park and 
Preserve, P.O. Box 140, Gustavus, Alaska 99826, (907) 697-2230.
    (2) 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.
    (3) 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 affects only the operations of various types of 
motor vessels on waters managed by the park. No grants or other forms 
of monetary supplement are involved.
    (4) 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 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), copies 
available from Glacier Bay National Park and Preserve, P.O. Box 140, 
Gustavus, Alaska 99826, (907) 697-2230.

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. The Final rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. No incremental negative impacts on small businesses are expected 
and possible future increases in vessel quota levels will likely result 
in revenue growth.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The final rule will generally maintain 
existing patterns of vessel management in the park relative to costs or 
prices; and
    c. Does not have significant adverse effects on competition, 
employment,

[[Page 69333]]

investment, productivity, innovation, or the ability of U.S.-based 
enterprises to compete with foreign-based enterprises. The various 
provisions of this rule do not apply differently to U.S.-based 
enterprises and foreign-based enterprises.

Unfunded Mandates Reform Act (UMRA) of 1995

    This final 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. A statement 
containing the information required by the UMRA (2 U.S.C. 1531 et seq.) 
is not required.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implications assessment is 
not required because no taking of personal property will occur as a 
result of this final 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 final 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 in 
conjunction with this rule. 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 Draft Environmental Impact Statement (DEIS) and Final 
Environmental Impact Statement (FEIS) were completed and a Record of 
Decision (ROD) issued. The FEIS and ROD are available online at: http:/
/www.nps.gov/glba or at Glacier Bay National Park and Preserve, as 
indicated above under 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?
    Drafting Information: The principal contributors to this final rule 
were: Vic Knox, Deputy Regional Director; Tomie Lee, Superintendent, 
Glacier Bay National Park and Preserve; Chuck Young, Chief Ranger, 
Glacier Bay National Park and Preserve; Russ Wilson, Deputy 
Superintendent, Sequoia-Kings Canyon National Park; Jay Liggett, Jane 
Hendrick, Andee Hansen, Paul Hunter, Nancy Swanton, Alaska Regional 
Office; Jerry Case, Regulations Program Manager, WASO, and John 
Strylowski, Department of the Interior.

List of Subjects in 36 CFR Part 13

    Alaska, National Parks, Reporting and recordkeeping requirements.

0
In consideration of the foregoing, the National Park Service revises 36 
CFR part 13 to read as follows:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

Subpart A--Administrative Provisions
Sec.
13.1 Definitions.
13.2 Applicability and scope.
13.4 Information collection.
Subpart B--General Provisions
13.20 Obstruction of airstrips.
13.25 Camping.
13.26 Picnicking.
13.30 Weapons, traps and nets.
13.35 Preservation of natural features.
13.40 Taking of fish and wildlife.
13.45 Unattended or abandoned property.
13.50 Closure procedures.
13.55 Permits.
Subpart C--Cabins

Administrative Provisions

13.100 Purpose and policy.
13.102 Applicability.
13.104 Definitions.

General Provisions

13.108 Permit application procedures.
13.110 Notice and comment on proposed permit.

[[Page 69334]]

13.112 Permit revocation.
13.114 Appeal procedures.
13.116 Permittee's interest.
13.118 Cabin site compatibility.
13.120 Access.
13.122 Abandonment.
13.124 Emergency use.
13.126 Authorized use and occupancy.
13.130 New cabins and other structures otherwise authorized.

Cabin Use--Leases or Permits in Effect on December 2, 1980

13.136 Use and/or occupancy pursuant to a valid existing lease or 
permit.
13.138 Renewal.
13.140 Denial of renewal.
13.142 Transfer.

Cabin Use--Cabin Not Under Valid Lease or Permit as of December 1, 1978

13.144 Use and occupancy of a cabin prior to December 18, 1973.
13.146 Use and occupancy of a cabin between December 18, 1973 and 
December 1, 1978.
13.148 Permit application.
13.149 Permit application deadline.

Cabin Use for Commercial Fishing Activities

13.150 Use for authorized commercial fishing activities.

Cabin Use for Subsistence Purposes

13.160 Use of cabins for subsistence purposes.
13.161 Permit application.
13.162 Permit issuance.
13.164 Permit terms.
13.166 Temporary facilities.
13.168 Shared use.

Public Use Cabins

13.170 General public use cabins.
13.172 Management of public use cabins.
13.176 Cabins in wilderness areas.

Use of Temporary Facilities Related to Taking Fish and Wildlife

13.182 Temporary facilities.
13.184 Permit application.
13.186 Permit issuance.
13.188 Permit terms.
Subpart D [Reserved]
Subpart E--Special Visitor Services
13.300 Applicability and scope.
13.305 Definitions.
13.310 Historical operators.
13.315 Preferred operators.
13.320 Preference to Cook Inlet Region, Incorporated.
13.325 Most directly affected Native Corporation.
13.330 Appeal procedures.
13.335 Information collection.
Subpart F--Subsistence
13.400 Purpose and policy.
13.410 Applicability.
13.420 Definitions.
13.430 Determination of resident zones.
13.440 Subsistence permits for persons whose primary, permanent home 
is outside a resident zone.
13.450 Prohibition on aircraft use.
13.460 Use of snowmobiles, motorboats, dog teams, and other means of 
surface transportation traditionally employed by local rural 
residents engaged in subsistence uses.
13.470 Subsistence fishing.
13.480 Subsistence hunting and trapping.
13.485 Subsistence use of timber and plant material.
13.490 Closure to subsistence uses of fish and wildlife.
13.495 Application procedures for subsistence permits and aircraft 
exceptions.
Subpart G [Reserved]
Subpart H--Special Regulations--Alagnak Wild River [Reserved]
Subpart I--Special Regulations--Aniakchak National Monument and 
Preserve
13.602 Subsistence resident zone.
13.604 Wildlife distance conditions.
Subpart J--Special Regulations--Bering Land Bridge National Preserve
13.702 Off-Road Vehicles.
Subpart K--Special Regulations--Cape Krusenstern National Monument
13.802 Subsistence resident zone.
Subpart L--Special Regulations--Denali National Park and Preserve

General Provisions

13.902 Subsistence resident zone.
13.904 Camping.
13.906 Unattended or abandoned property.
13.908 Fishing limit of catch and in possession.
13.910 Mountain climbing.
13.912 Kantishna area summer season firearm safety zone.
13.914 Bicycle use.
13.916 Use of roller skates, skateboards, roller skis, in-line 
skates, and similar devices.

Motor Vehicle Permits

13.930 Do I need a permit to operate a motor vehicle on the Denali 
Park Road west of the Savage River?
13.932 How many permits will be issued each summer?
13.934 How will the superintendent manage the permit program?
13.936 What is prohibited?

Snowmachine (Snowmobile) Operations

13.950 What is the definition of a traditional activity for which 
section 1110(a) of ANILCA Permits snowmachines to be used in the 
Former Mt. McKinley National Park (Old Park) portion of Denali 
National Park and Preserve?
13.952 May a snowmachine be used in that portion of the park 
formerly known as Mt. McKinley National Park (Old Park)?
13.954 Where can I operate a snowmachine in Denali National Park and 
Preserve?
13.956 What types of snowmachines are allowed?
13.958 What other regulations apply to snowmachine use?
13.960 Who determines when there is adequate snow cover?
13.962 Does the Superintendent have other regulatory authority?

Frontcountry Developed Area (FDA)

13.970 Frontcountry Developed Area Definition.
13.972 Camping from April 15 through September 30.
13.974 Camping from October 1 through April 14.
13.976 Fire.
13.978 Pets.
13.980 Other FDA closures and restrictions.
Subpart M--Special Regulations--Gates of the Arctic National Park and 
Preserve
13.1002 Subsistence resident zone.
13.1004 Aircraft use.
13.1006 Customary trade.
Subpart N--Special Regulations--Glacier Bay National Park and Preserve

Administrative Provisions

13.1102 Definitions.
13.1104 Coordinates.

General Provisions

13.1110 Collection of interstadial wood.
13.1112 Collection of rocks and minerals.
13.1114 Collection of goat hair.
13.1116 Camping.

Bartlett Cove

13.1120 Bartlett Cove Developed Area closures and restrictions.
13.1122 Bartlett Cove Public Use Dock.
13.1124 Bartlett Cove Campground.
13.1126 Bicycles.
13.1128 Is a permit required to transport passengers between 
Bartlett Cove and Gustavus?

Commercial Fishing

13.1130 Is commercial fishing authorized in the marine waters of 
Glacier Bay National Park?
13.1132 What types of commercial fishing are authorized in Glacier 
Bay?
13.1134 Who is eligible for a Glacier Bay commercial fishing 
lifetime access permit?
13.1136 How can an individual apply for a commercial fishing 
lifetime access permit?
13.1138 Where should the documentation for a lifetime access permit 
be sent?
13.1140 Who determines eligibility?
13.1142 Can I appeal denial of my commercial fishing lifetime access 
permit application?
13.1144 How often will commercial fishing lifetime access permits be 
renewed?
13.1146 What other closures and restrictions apply to commercial 
fishermen and commercial fishing vessels?

Vessel Permits

13.1150 Is a permit required for a vessel in Glacier Bay?
13.1152 Private vessel permits and conditions.
13.1154 Commercial vessel permits and conditions.
13.1156 Exceptions from vessel permit requirement.

[[Page 69335]]

13.1158 Prohibitions.
13.1160 Restrictions on vessel entry.

Vessel Operating Restrictions

13.1170 What are the rules for operating vessels?
13.1172 When general operating restrictions do not apply.
13.1174 Whale water restrictions.
13.1176 Speed restrictions.
13.1178 Closed waters, islands, and other areas.
13.1180 Closed waters, motor vessels, and seaplanes.
13.1182 Noise restrictions.
13.1184 Other restrictions on vessels.
13.1186 What are the emission standards for vessels?
13.1188 Where to get charts depicting closed waters.
Subpart O--Special Regulations--Katmai National Park and Preserve

General Provisions

13.1202 Fishing.
13.1204 Traditional red fish fishery.
13.1206 Wildlife distance conditions.
13.1208 Lake Camp.

Brooks Camp Developed Area

13.1220 Brooks Camp Developed Area definition.
13.1222 Camping.
13.1224 Visiting hours.
13.1226 Brooks Falls area.
13.1228 Food storage.
13.1230 Campfires.
13.1232 Sanitation.
13.1234 Pets.
13.1236 Bear orientation.
13.1238 Picnicking.
13.1240 Unattended property.
13.1242 BCDA closures and restrictions.
Subpart P--Special Regulations--Kenai Fjords National Park
13.1302 Subsistence.
13.1304 Exit Glacier.
13.1306 Public use cabins.
Subpart Q--Special Regulations--Klondike Gold Rush National Historical 
Park
13.1402 Camping.
13.1404 Preservation of natural, cultural, and archaeological 
resources.
13.1406 State lands.
Subpart R--Special Regulations--Kobuk Valley National Park
13.1502 Subsistence resident zone.
13.1504 Customary trade.
Subpart S--Special Regulations--Lake Clark National Park and Preserve
13.1602 Subsistence resident zone.
Subpart T--Special Regulations--Noatak National Preserve [Reserved]
Subpart U--Special Regulations--Sitka National Historical Park
13.1802 Prohibited activities.
Subpart V--Special Regulations--Wrangell-St. Elias National Park and 
Preserve
13.1902 Subsistence.
13.1904 Kennecott Mines National Historic Landmark (KNHL).
13.1906 Headquarters/Visitor Center Developed Area (HQCDA).
13.1908 Slana Developed Area (SDA).
13.1910 KNHL and developed area closures and restrictions.
Subpart W--Special Regulations--Yukon-Charley Rivers National Preserve 
[Reserved]

    Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Subpart M also 
issued under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197; Pub. L. 105-
277, 112 Stat. 2681-259, October 21, 1998; Pub. L. 106-31, 113 Stat. 
72, May 21, 1999; Sec. 13.1202 also issued under Sec. 1035, Pub. L. 
104-333, 110 Stat. 4240, November 12, 1996.

Subpart A--Administrative Provisions


Sec.  13.1  Definitions.

    The following definitions shall apply to all regulations contained 
in this part:
    Adequate and feasible access means a reasonable method and route of 
pedestrian or vehicular transportation which is economically 
practicable for achieving the use or development desired by the 
applicant on his/her non-Federal land or occupancy interest, but does 
not necessarily mean the least costly alternative.
    Aircraft means a machine or device that is used or intended to be 
used to carry persons or objects in flight through the air, including, 
but not limited to airplanes, helicopters and gliders.
    Airstrip means visible, marked, or known aircraft landing areas in 
park areas. Airstrips may be marked with cones, lights, flagging, or 
windsocks, or be unmarked but recognizable because they have been 
cleared of vegetation or other obstructions.
    ANILCA means the Alaska National Interest Lands Conservation Act 
(94 Stat. 2371; Pub. L. 96-487 (December 2, 1980)).
    Carry means to wear, bear or carry on or about the person and 
additionally, in the case of firearms, within or upon a device or 
animal used for transportation.
    Downed aircraft means an aircraft that as a result of mechanical 
failure or accident cannot take off.
    Facility means buildings, structures, park roads as defined by 
Sec.  1.4, parking lots, campgrounds, picnic areas, paved trails, and 
maintenance support yards.
    Firearm means any loaded or unloaded pistol, revolver, rifle, 
shotgun or other weapon which will or is designated to or may readily 
be converted to expel a projectile by the action of expanded gases, 
except that it does not include a pistol or rifle powered by compressed 
gas. The term ``firearm'' also includes irritant gas devices.
    Fish and wildlife means any member of the animal kingdom, including 
without limitation any mammal, fish, bird (including any migratory, 
nonmigratory or endangered bird for which protection is also afforded 
by treaty or other international agreement), amphibian, reptile, 
mollusk, crustacean, arthropod, or other invertebrate, and includes any 
part, produce, egg, or offspring thereof, or the dead body or part 
thereof.
    Fossil means any remains, impression, or trace of any animal or 
plant of past geological ages that has been preserved, by natural 
processes, in the earth's crust.
    Gemstone means a silica or igneous mineral including, but not 
limited to:
    (1) Geodes;
    (2) Petrified wood; and
    (3) Jade, agate, opal, garnet, or other mineral that when cut and 
polished is customarily used as jewelry or other ornament.
    Motorboat refers to a motorized vessel other than a personal 
watercraft.
    National Preserve shall include the following areas of the National 
Park System: Alagnak National Wild and Scenic River, Aniakchak National 
Preserve, Bering Land Bridge National Preserve, Denali National 
Preserve, Gates of the Arctic National Preserve, Glacier Bay National 
Preserve, Katmai National Preserve, Lake Clark National Preserve, 
Noatak National Preserve, Wrangell-St. Elias National Preserve, and 
Yukon-Charley Rivers National Preserve.
    Net means a seine, weir, net wire, fish trap, or other implement 
designed to entrap fish, except a landing net.
    Off-road vehicle means any motor vehicle designed for or capable of 
crosscountry travel on or immediately over land, water, sand, snow, 
ice, marsh, wetland or other natural terrain, except snowmachines or 
snowmobiles as defined in this chapter.
    Park areas means lands and waters administered by the National Park 
Service within the State of Alaska.
    Person means any individual, firm, corporation, society, 
association, partnership, or any private or public body.
    Possession means exercising dominion or control, with or without 
ownership, over weapons, traps, nets or other property.
    Public lands means lands situated in Alaska which are federally 
owned lands, except--
    (1) Land selections of the State of Alaska which have been 
tentatively approved or validly selected under the Alaska Statehood Act 
(72 Stat. 339) and lands which have been confirmed to,

[[Page 69336]]

validly selected by, or granted to the Territory of Alaska or the State 
under any other provision of Federal law;
    (2) Land selections of a Native Corporation made under the Alaska 
Native Claims Settlement Act (85 Stat. 688) which have not been 
conveyed to a Native Corporation, unless any such selection is 
determined to be invalid or is relinquished; and
    (3) Lands referred to in section 19(b) of the Alaska Native Claims 
Settlement Act.
    Snowmachine or snowmobile means a self-propelled vehicle intended 
for off-road travel primarily on snow having a curb weight of not more 
than 1,000 pounds (450 kg), driven by a track or tracks in contact with 
the snow and steered by a ski or skis on contact with the snow.
    Take or taking as used with respect to fish and wildlife, means to 
pursue, hunt, shoot, trap, net, capture, collect, kill, harm, or 
attempt to engage in any such conduct.
    Temporary means a continuous period of time not to exceed 12 
months, except as specifically provided otherwise.
    Trap means a snare, trap, mesh, or other implement designed to 
entrap animals other than fish.
    Unload means there is no unexpended shell or cartridge in the 
chamber or magazine of a firearm; bows, crossbows and spearguns are 
stored in such a manner as to prevent their ready use; muzzle-loading 
weapons do not contain a powder charge; and any other implement capable 
of discharging a missile into the air or under the water does not 
contain a missile or similar device within the loading or discharging 
mechanism.
    Weapon means a firearm, compressed gas or spring powered pistol or 
rifle, bow and arrow, crossbow, blow gun, speargun, hand thrown spear, 
slingshot, explosive device, or any other implement designed to 
discharge missiles into the air or under the water.


Sec.  13.2  Applicability and scope.

    (a) The regulations contained in part 13 are prescribed for the 
proper use and management of park areas in Alaska and supplement the 
general regulations of this chapter. The general regulations contained 
in this chapter are applicable except as modified by part 13.
    (b) Subparts A through F contain regulations applicable to park 
areas. Such regulations amend in part the general regulations contained 
in this chapter. The regulations in subparts A through F govern use and 
management, including subsistence activities, within the park areas, 
except as modified by special park regulations in subparts H through V.
    (c) Subpart F contains regulations applicable to subsistence uses. 
Such regulations apply on federally owned lands and interests therein 
within park areas where subsistence is authorized. Subsistence uses are 
not allowed in Kenai Fjords National Park, Katmai National Park, 
Glacier Bay National Park, Klondike Gold Rush National Historical Park, 
Sitka National Historical Park, the former Mt. McKinley National Park. 
The regulations in subpart F amend in part the general regulations 
contained in this chapter and the regulations contained in subparts A 
through C of part 13.
    (d) Subparts H through V contain special regulations for specific 
park areas. Such regulations amend in part the general regulations 
contained in this chapter and the regulations contained in subparts A 
through F of part 13.
    (e) Subpart E of this part 13 contains regulations applicable to 
authorized visitor service providers operating within certain park 
areas. The regulations in subpart E amend in part the general 
regulations contained in this chapter.
    (f) For purposes of this chapter, ``federally owned lands'' does 
not include those land interests:
    (1) Tentatively approved to the State of Alaska; or
    (2) Conveyed by an interim conveyance to a Native corporation.


Sec.  13.4  Information collection.

    The information collection requirements contained in subparts C and 
G, and Sec. Sec.  13.55, 13.440, 13.450, 13.485, and 13.495 are 
necessary for park Superintendents to issue concession contracts and 
special use permits, and have been approved by the Office of Management 
and Budget under 44 U.S.C. 3507. Information c