Mount Rainier National Park; Fishing, 1374-1378 [2022-00231]

Download as PDF 1374 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules IV. Statutory and Executive Order Reviews ACTION: Executive Order 12866—Regulatory Planning and Review and Executive Order 13563—Improving Regulation and Regulatory Review Executive Order 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB) will review all significant rules. Pursuant to OMB guidance, dated October 12, 1993, the approval of State program and/or AML plan amendments is exempted from OMB review under Executive Order 12866. Executive Order 13563, which reaffirms and supplements Executive Order 12866, retains this exemption. Other Laws and Executive Orders Affecting Rulemaking When a State submits a program amendment to OSMRE for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the Federal Register indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 926 Intergovernmental relations, Surface mining, Underground mining. David Berry, Regional Director, Western Region. [FR Doc. 2022–00324 Filed 1–10–22; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF THE INTERIOR National Park Service Significance of the Park [NPS–MORA–31539; PPPWMORAS1 PPMPSPD1Z.YM0000] RIN 1024–AE66 khammond on DSKJM1Z7X2PROD with PROPOSALS The National Park Service proposes to remove from the Code of Federal Regulations special fishing regulations for Mount Rainier National Park, including those that restrict the take of nonnative species. Instead, the National Park Service would publish closures and restrictions related to fishing in the Superintendent’s Compendium for the park. This action would help implement a 2018 Fish Management Plan that aims to conserve native fish populations and restore aquatic ecosystems by reducing or eliminating nonnative fish. DATES: Comments must be received by 11:59 EDT on March 14, 2022. ADDRESSES: You may submit comments, identified by Regulation Identifier Number (RIN) 1024–AE66, by either of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. • Mail or hand deliver to: National Park Service, Mount Rainier National Park, Attn: Superintendent, 55210 238th Avenue East, Ashford, WA 98304. Instructions: Comments will not be accepted by fax, email, or in any way other than those specified above. All submissions received must include the words ‘‘National Park Service’’ or ‘‘NPS’’ and must include the docket number or RIN (1024–AE66) for this rulemaking. Comments received may be posted without change to www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov and search for ‘‘1024–AE66.’’ FOR FURTHER INFORMATION CONTACT: Kevin Skerl, Chief of Natural and Cultural Resources, Mount Rainier National Park, National Park Service; phone: (360) 569–2211; email: kevin_ skerl@nps.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background 36 CFR Part 7 Mount Rainier National Park; Fishing AGENCY: Proposed rule. National Park Service, Interior. Mount Rainier National Park encompasses 236,381 acres in west central Washington, on the western and eastern slopes of the Cascade Range. About 83 percent of the park is located in Pierce County and 17 percent is located in Lewis County. The park’s northern boundary is approximately 65 miles southeast of the Seattle-Tacoma metropolitan area and 65 miles west of Yakima. The elevations of the park range from about 1,400 feet at the Tahoma Woods Administrative Site to 14,410 feet at the summit of Mount Rainier. About two million people visit the park annually, with most visitation (75 percent) occurring between June and September. In 1988, Congress designated approximately 97 percent (228,480 acres) of the park as wilderness under the Washington Park Wilderness Act. The focal point of the park is Mount Rainier, a towering snow- and icecovered volcano that is a prominent landmark in the Pacific Northwest. Mount Rainier is the second most seismically active and most hazardous volcano in the Cascade Range. The 26 major glaciers that flank the upper mountain cover 35 square miles. Steep glaciated valleys and ice carved peaks dominate the park landscape. The Carbon, Mowich, White, West Fork White, Nisqually, South Puyallup, and North Puyallup rivers and their tributaries carry water from Mount Rainier to the Puget Sound. The Ohanapecosh and Muddy Fork Cowlitz flow into the Cowlitz River and on into the Columbia River. There are approximately 470 mapped rivers and streams, including approximately 383 perennial streams and 84 intermittent streams. With very few exceptions, park rivers and streams originate within the park. There are approximately 382 lakes and ponds, and over 3,000 acres of other wetland types (e.g., mineral geothermal springs, waterfalls) in the park. Approximately 29 of these lakes are in designated wilderness. Among those waterbodies not in wilderness are the Littorals Pond (White River watershed) and Mowich and Tipsoo lakes. Fish Resources in the Park The following 15 fish species are present in the rivers, streams and lakes within the park. Of these, 8 are native and 7 are nonnative. No. Scientific name Common name 1 ......... 2 ......... 3 ......... Oncorhynchus mykiss ........................................ Oncorhynchus clarkii clarkii ............................... Salvelinus confluentus ....................................... rainbow trout ...................................................... coastal cutthroat trout ........................................ bull trout ............................................................. VerDate Sep<11>2014 17:41 Jan 10, 2022 Jkt 256001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\11JAP1.SGM Occurrence Native (in some locations). Native. Native. 11JAP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules No. Scientific name Common name 4 ......... 5 ......... 6 ......... 7 ......... 8 ......... 9 ......... 10 ....... 11 ....... 12 ....... 13 ....... 14 ....... 15 ....... Oncorhynchus kisutch ....................................... Oncorhynchus tshawytscha ............................... Oncorhynchus gorbuscha .................................. Prosopium williamsoni ....................................... Cottus confusus ................................................. Cottus cognatus ................................................. Cottus rhotheus ................................................. Oncorhynchus clarkii bouvieri ............................ Oncorhynchus clarkii lewisi ............................... Salvelinus fontinalis ........................................... Gasterosteus aculeatus ..................................... Oncorhynchus nerka .......................................... coho salmon ...................................................... chinook salmon .................................................. pink salmon ........................................................ mountain whitefish ............................................. shorthead sculpin ............................................... slimy sculpin ...................................................... torrent sculpin .................................................... Yellowstone cutthroat trout ................................ westslope cutthroat trout ................................... brook trout .......................................................... Alaskan stickleback, threespined stickleback .... kokanee salmon ................................................. Fish populations naturally occur within the park in the nine large valley bottom rivers and their tributary junctions up to natural fish barriers. These rivers bear native fish populations of bull trout (Salvelinus confluentus), coastal cutthroat trout (Oncorhynchus clarkii clarkii), coho salmon (O. kisutch), rainbow (steelhead) trout (O. mykiss), Chinook salmon (O. tshawytscha), pink salmon (O. gorbuscha), mountain whitefish (Prosopium williamsoni) and shorthead sculpin (Cottus confusus). Nonnative sculpins present in the rivers include slimy sculpin (C. cognatus) and torrent sculpin (C. rhotheus). Prior to stocking efforts, there were no naturally occurring fish populations in any of the approximately 382 mapped lakes and ponds in the park. With the exception of those mentioned above, most of the mapped streams were also originally fishless. Early in the park’s history, the National Park Service (NPS) and others, including the state, introduced nonnative stocks of rainbow trout (O. mykiss), westslope cutthroat trout (O. clarkii lewisi), Yellowstone cutthroat trout (O. clarkii bouvieri), brook trout (Salvelinus fontinalis), and kokanee salmon (O. nerka) to enhance recreational fishing. According to unpublished park records, official stocking occurred from 1915 through 1964 (49 years) in 38 streams, and from 1915 through 1972 (57 years) in 44 lakes. Stocking fish resulted in reproducing populations of nonnative fish in naturally fishless lakes. It also resulted in reproducing populations of nonnative fish in some rivers and streams where they compete with native fish. Additional unauthorized introductions of nonnative fish, including threespined stickleback (Gasterosteus aculeatus), have occurred since stocking ended. Reproducing populations of nonnative fish are now present in approximately 35 lakes and all of the park watersheds, including many streams and the nine major rivers. VerDate Sep<11>2014 17:41 Jan 10, 2022 Jkt 256001 The presence of nonnative fish in the park has had widespread adverse effects on the distribution, abundance, age structure, genetics and behavior of native fish species, amphibians and other aquatic life. Nonnative fish prey on and compete with native fish, particularly bull trout. As a result, over time, populations of native fish within and outside the park have likely diminished where brook trout and other nonnative fish populations have been established. The U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) have listed populations of bull trout, Chinook salmon, and steelhead within the park as threatened under the Endagered Species Act (ESA). In 2010, the USFWS designated approximately 30 miles of streams in the park as bull trout critical habitat. In 2015, the USFWS issued a Bull Trout Recovery Plan that identified actions the NPS should take to protect bull trout within the park. NPS Authority To Manage Fishing The NPS has sole and exclusive jurisdiction over the lands and waters within Mount Rainier National Park. 16 U.S.C. 95. The park’s enabling act directs the Secretary of the Interior, acting through the NPS, to make such regulations as the Secrerary deems necessary or proper to care for the park, including regulations that provide against the wanton destruction of the fish and game found within the park, and against their capture or destruction for the purposes of merchandise or profit. 16 U.S.C. 92. The NPS administers the park as a unit of the National Park System and has the authority to regulate the use of the park as it considers necessary or proper. 54 U.S.C. 100751(a). This includes the authority to regulate activities on water located within the park that is subject to the jurisdiction of the United States. 54 U.S.C. 100751(b). PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 1375 Occurrence Native. Native. Native. Native. Native. Nonnative. Nonnative. Nonnative. Nonnative. Nonnative. Nonnative. Nonnative. NPS Management Framework for Fishing General NPS fishing regulations are found in 36 CFR 2.3 and apply to all units of the National Park System. For example, § 2.3(d)(4) prohibits commercial fishing in NPS units, except where specifically authorized by Federal statute. Recreational fishing is allowed within NPS areas in accordance with state law, provided that the state law does not conflict with NPS fishing regulations. 36 CFR 2.3(a). Special fishing regulations are found in 36 CFR part 7 and apply only in specific NPS units that have promulgated special regulations for this purpose. Other NPS closures and restrictions related to fishing are established by the Superintendent under his or her discretionary authority in 36 CFR 1.5. This authority allows Superintenents to close all or a portion of a park area to a specific use or activity or impose conditions or restrictions on a use or activity. Pursuant to 36 CFR 1.7(b), these actions are compiled and maintained in what is commonly known as the Superintendent’s Compendium, which is typically available on the unit’s website, and do not appear in 36 CFR. Actions taken by the Superintendent under the authority in 36 CFR 1.5 may not conflict with regulations found in the CFR, including the general fishing regulations in § 2.3. NPS Management of Fishing in the Park Special fishing regulations for Mount Rainier National Park are found in 36 CFR 7.5(a). These regulations were issued in 1969 (34 FR 17520) and last amended in 1976 (41 FR 14863). They close the following areas of the park to all fishing: (i) Tipsoo Lake; (ii) Shadow Lake; (iii) Klickitat Creek above the White River entrance water supply intake; (iv) Laughingwater Creek above the Ohanapecosh water supply intake; (v) Frozen Lake; (vi) Reflection Lakes; and (vii) Ipsut Creek above the Ipsut Creek Campground water supply intake. 36 CFR 7.5(a)(1). Except for fishing with E:\FR\FM\11JAP1.SGM 11JAP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 1376 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules artificial flies, the special regulations also close the Ohanapecosh River and its tributaries to all fishing. 36 CFR 7.5(a)(2). The regulations state that there shall be no minimum size limit on fish that may be possessed. 36 CFR 7.5(a)(3). The regulations state that the daily catch and possession limit for fish taken from park waters shall be 6 pounds and 1 fish, not to exceed 12 fish. 36 CFR 7.5(a)(4). Other closures and restrictions related to fishing appear in the Superintendent’s Compendium for the park, which is available on the park’s website at https://www.nps.gov/mora/ learn/management/lawsand policies.htm. Several of these closures and restrictions are intended to conserve native fish species and reduce or eliminate nonnative species. The Compendium states that all native fish species caught in streams must be released, but that the retention of kokanee and brook trout (both nonnative species) is permitted with no limit. The purpose of this action is to protect native fish species by requiring catch-and-release and to reduce populations of nonnative species by allowing them to be removed from the park. The Compendium closes Fryingpan Creek above the confluence of the White River to all fishing. This closure was established to protect native fish species (bull trout, Chinook salmon, and steelhead) that are listed as threatened under the ESA. The Compendium also closes Ghost Lake and Edith Creek Basin above the Paradise water supply to protect the potable water supply for White River and Paradise. The Compendium establishes fishing seasons for streams and rivers to protect the spawning season of listed, native species. Where fishing is allowed in lakes, there are no seasonal closures because, as noted above, fish are not native to lakes within the park. In September 2017, the NPS published a Fish Management Plan/ Environmental Assessment (the Plan). The purpose of the Plan is to direct long-term management for fish within lakes, rivers and streams within the park. During the development of the Plan, the NPS solicited information from the USFWS, the NMFS, the Washington Department of Fish and Wildlife, the Washington State Historic Preservation Office, and six affiliated American Indian tribes: The Nisqually Tribe of Indians, the Muckleshoot Indian Tribe, the Cowlitz Indian Tribe, the Puyallup Tribe of Indians, the Squaxin Island Tribe, and the Confederated Tribes and Bands of the Yakama Nation. The U.S. Forest Service, VerDate Sep<11>2014 17:41 Jan 10, 2022 Jkt 256001 Mount Baker-Snoqualmie National Forest, also submitted comments during the public scoping period that occurred before the Plan was published. The Plan was open for a 30-day public comment period. On August 28, 2018, the Regional Director for Department of the Interior Unified Regions 8, 9, and 10 (formerly the Pacific West Region) approved a Finding of No Significant Impact (FONSI) selecting Alternative 2 in the Plan for implementation. This alternative calls for site-specific management actions to encourage recreational fishing opportunities for nonnative species and to protect native fish and habitat. In addition to increasing recreational angling opportunities for nonnative species, the alternative calls for suppressing or eradicating nonnative fish populations through administrative actions such as gillnetting, seining, electrofishing, and piscicides in selected locations. The selected alternative is consistent with actions required by the 2015 Bull Trout Recovery Plan issued by the USFWS. The NPS expects the eradication or suppression of nonnative fish to result in the increased survival and abundance of threatened and endangered species (bull trout, chinook salmon and steelhead) and improved habitat for native species. The Plan, which contains a full description of the purpose and need for taking action, the alternatives considered, and the environmental impacts associated with the considered alternatives, and the FONSI may be viewed on the park’s planning website at https:// parkplanning.nps.gov/mora by clicking on the link entitled ‘‘2018 Mount Rainier National Park Fisheries Management Plan Environmental Assessment and Finding of No Significant Impact’’ and then clicking on the link entitled ‘‘Document List.’’ Proposed Rule The proposed rule would remove special fishing regulations for the park that interfere with the successful implementation of the fish management strategy identified in the FONSI. These include the following closures and restrictions that limit the take of nonnative fish: (1) Closures at Ipsut Creek and (except for artificial flyfishing) the Ohanapecosh River; and (2) a daily catch and possession limit of six pounds and one fish, not to exceed 12 fish. Removing these closures and restrictions would create new angling opportunities for nonnative species that are currently not authorized by 36 CFR 7.5. The other closures and restrictions currently codified in the special PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 regulations will be relocated to and maintained in the Superintendent’s Compendium because either they are necessary to protect the domestic potable water supply for White River, Sunrise, Ohanapecosh, and Paradise (the closures of Frozen Lake and streams with identified water supply intakes); or to protect fragile riparian vegetation (the closures of Tipsoo Lake, Shadow Lake and Reflection Lakes). Closures and restrictions in the special regulations also apply to the take of native fish species. These will be retained or modified in the Superintendent’s Compendium, consistent with the selected alternative in the FONSI, to help restore the natural abundance, diversity, dynamics, distribution, habitats and behaviors of native fish populations that were present in the park prior to the introduction of nonnative fish. The administrative flexibility offered by the Superintendent’s Compendium, which in most circumstances can be modified without notice and comment rulemaking (see 36 CFR 1.5(b)), provides a feasible and responsive method to meet the strategic goals identified in the FONSI to utilize adaptive management to alter management activities when needed based on monitoring and best available science. NPS regulations at 36 CFR 1.7(b) require the Superintendent to update the Compendium at least annually. The NPS will ensure that the public has an opportunity to provide meaningful input prior to updating any closures or restrictions related to fishing in the Compendium. Consolidating all fishing closures and restrictions in the Compendium will make them more accessible and userfriendly for the public. Instead of having to look in two different places (the special regulations in 36 CFR 7.5 and the Superintendent’s Compendium on the park’s website), the public would be able to find all closures and restrictions related to fishing in one place. The NPS has already done this, informally, by producing a fishing pamphlet that is available at the park’s website at https:// www.nps.gov/mora/planyourvisit/ fishing-and-boating.htm. Moving all of the closures and restrictions related to fishing into the Compendium would consolidate the official versions of them in one place for legal purposes. Centralizing them in the Compendium would increase compliance, strengthen enforcement, and decrease public confusion and frustration. The NPS routinely responds to inquiries and requests for clarification from the State of Washington and members of the public regarding fishing opportunites E:\FR\FM\11JAP1.SGM 11JAP1 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules and rules within the park. Placing all fishing closures and restrictions in the Compendium would make it easier for visitors to understand the rules and become better stewards of fishery resource at the park. In order to direct the public to the Compendium, the NPS proposes to replace the existing language in paragraph (a) of § 7.5 with a general statement that the Superintendent will establish fishing closures and restrictions, based on management objectives described in the park’s resource management plans, in accordance with the criteria and procedures in 36 CFR 1.5 and 1.7, including publication in the Superintendent’s Compendium. The rule would also state that fishing in closed waters or violating a fishing restriction established by the Superintendent is prohibited. Similar language is used in the special regulations for other NPS units, including Glacier National Park (36 CFR 7.3) and Rocky Mountain National Park (36 CFR 7.7). Compliance With Other Laws, Executive Orders and Department Policy khammond on DSKJM1Z7X2PROD with PROPOSALS Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the Nation’s regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The Executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. Executive Order 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. Regulatory Flexibility Act This rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). VerDate Sep<11>2014 17:41 Jan 10, 2022 Jkt 256001 This certification is based on information contained in the economic analyses found in the report entitled ‘‘Cost-Benefit and Regulatory Flexibility Threshold Analyses: Proposed Rule to Remove Special Regulations for Fishing at Mount Rainier National Park.’’ The document may be viewed on the park’s planning website at https:// parkplanning.nps.gov/mora by clicking on the link entitled ‘‘2018 Mount Rainier National Park Fisheries Management Plan Environmental Assessment and Finding of No Significant Impact’’ and then clicking on the link entitled ‘‘Document List.’’ Congressional Review Act This rule is not a major rule under 5 U.S.C. 804(2). This rule: (a) Does not have an annual effect on the economy of $100 million or more. (b) Will not cause a major increase in costs or prices for consumers, individual industries, federal, State, or local government agencies, or geographic regions. (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act This rule would not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule would not have a significant or unique effect on State, local or tribal governments or the private sector. It addresses public use of national park lands, and imposes no requirements on other agencies or governments. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. Takings (Executive Order 12630) This rule would not effect a taking of private property or otherwise have takings implications under Executive Order 12630. A takings implication assessment is not required. Federalism (Executive Order 13132) Under the criteria in section 1 of Executive Order 13132, the rule would not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. This proposed rule only affects use of federally-administered lands and waters. It has no outside effects on other areas. A federalism summary impact statement is not required. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 1377 Civil Justice Reform (Executive Order 12988) This rule complies with the requirements of Executive Order 12988. This rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. Consultation With Indian Tribes (Executive Order 13175 and Department Policy) The Department of the Interior strives to strengthen its government-togovernment relationship with Indian Tribes through a commitment to consultation with Indian tribes and recognition of their right to selfgovernance and tribal sovereignty. We have evaluated this rule under the criteria in Executive Order 13175 and under the Department’s tribal consultation policy and have determined that tribal consultation is not required because the rule will have no substantial direct effect on federally recognized Indian tribes. During scoping for the Plan, the NPS solicited comments from six affiliated American Indian tribes: The Nisqually Tribe of Indians, the Muckleshoot Indian Tribe, the Cowlitz Indian Tribe, the Puyallup Tribe of Indians, the Squaxin Island Tribe, and the Confederated Tribes and Bands of the Yakama Nation. The NPS will continue to work with these tribes throughout the rulemaking process and implementation of the selection action in the Plan. Paperwork Reduction Act This rule does not contain information collection requirements, and a submission to the Office of Management and Budget under the Paperwork Reduction Act is not required. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. National Environmental Policy Act (NEPA) The NPS has prepared the Plan to determine whether this rule will have a significant impact on the quality of the human environment under the NEPA. This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the NEPA is E:\FR\FM\11JAP1.SGM 11JAP1 1378 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules not required because of the FONSI. A copy of the Plan and FONSI may be viewed on the park’s planning website at https://parkplanning.nps.gov/mora by clicking on the link entitled ‘‘2018 Mount Rainier National Park Fisheries Management Plan Environmental Assessment and Finding of No Significant Impact’’ and then clicking on the link entitled ‘‘Document List.’’ Effects on the Energy Supply (Executive Order 13211) This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required. Clarity of This Rule We are required by Executive Orders 12866 (section 1(b)(12)) and 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use common, everyday words and clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. Public Participation It is the policy of the Department of the Interior, whenever practicable, to afford the public an opportunity to participate in the rulemaking process. Accordingly, interested persons may submit written comments regarding this proposed rule by one of the methods listed in the ADDRESSES section of this document. khammond on DSKJM1Z7X2PROD with PROPOSALS Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we VerDate Sep<11>2014 17:41 Jan 10, 2022 Jkt 256001 cannot guarantee that we will be able to do so. DEPARTMENT OF HOMELAND SECURITY List of Subjects in 36 CFR Part 7 Coast Guard District of Columbia, National parks, Reporting and recordkeeping requirements. 46 CFR Part 2 [Docket No. USCG–2018–0538] In consideration of the foregoing, the National Park Service proposes to amend 36 CFR part 7 as follows: RIN 1625–AC55 PART 7—SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM AGENCY: 1. The authority for part 7 continues to read as follows: ■ Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also issued under D.C. Code 10–137 and D.C. Code 50–2201.07. 2. In § 7.5, revise paragraph (a) to read as follows: ■ § 7.5 Mount Rainier National Park. (a) Fishing. (1) Fishing closures and restrictions, based on management objectives for the preservation of the park’s natural resources, are established by the Superintendent. (2) The Superintendent may establish closures and restrictions, in accordance with the criteria and procedures of § 1.5 of this chapter, on any activity pertaining to fishing, including, but not limited to species of fish that may be taken, seasons and hours during which fishing may take place, methods of taking, and size, creel, and possession limits. (3) Except in emergency situations, the Superintendent will notify the public of any such closures or restrictions through one or more methods listed in § 1.7 of this chapter, including publication in the Superintendent’s Compendium (or written compilation) of discretionary actions referred to paragraph (b) of § 1.7. (4) Fishing in closed waters or violating a condition or restriction established by the Superintendent under this paragraph (a) is prohibited. * * * * * Shannon A. Estenoz, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2022–00231 Filed 1–10–22; 8:45 am] BILLING CODE 4312–52–P PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 User Fees for Inspected Towing Vessels ACTION: Coast Guard, DHS. Notice of proposed rulemaking. The Coast Guard is proposing to update its user fees for seagoing towing vessels that are 300 gross tons or more and to revise user fees for other inspected towing vessels. The Coast Guard is proposing these updates because we are required to establish and maintain a fair fee for our vessel inspection services and to separate the fees for inspection options that involve third-party auditors and surveyors from inspection options that do not involve third parties. Under this proposed rule, vessels using the Alternate Compliance Program, Streamlined Inspection Program, or the Towing Safety Management System options would pay a lower fee than vessels that use the traditional Coast Guard inspection option. DATES: Comments and related material must be received by the Coast Guard on or before April 11, 2022. ADDRESSES: You may submit comments identified by docket number USCG– 2018–0538 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: For information about this document call or email Mr. Scott Kuhaneck, Coast Guard; telephone 202–372–1221, email Thomas.S.Kuhaneck@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Contents for Preamble I. Public Participation and Request for Comments II. Abbreviations III. Basis and Purpose A. The Problem We Seek To Address B. Legal Authority To Address This Problem C. Recent Legislation IV. Background A. Origins of Annual Vessel Inspection Fees B. Current Fees for Subchapter I and Subchapter M Towing Vessels E:\FR\FM\11JAP1.SGM 11JAP1

Agencies

[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Proposed Rules]
[Pages 1374-1378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00231]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-MORA-31539; PPPWMORAS1 PPMPSPD1Z.YM0000]
RIN 1024-AE66


Mount Rainier National Park; Fishing

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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

DATES: Comments must be received by 11:59 EDT on March 14, 2022.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE66, by either of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Mail or hand deliver to: National Park Service, Mount 
Rainier National Park, Attn: Superintendent, 55210 238th Avenue East, 
Ashford, WA 98304.
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions received must 
include the words ``National Park Service'' or ``NPS'' and must include 
the docket number or RIN (1024-AE66) for this rulemaking. Comments 
received may be posted without change to www.regulations.gov, including 
any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov and search for ``1024-
AE66.''

FOR FURTHER INFORMATION CONTACT: Kevin Skerl, Chief of Natural and 
Cultural Resources, Mount Rainier National Park, National Park Service; 
phone: (360) 569-2211; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

Significance of the Park

    Mount Rainier National Park encompasses 236,381 acres in west 
central Washington, on the western and eastern slopes of the Cascade 
Range. About 83 percent of the park is located in Pierce County and 17 
percent is located in Lewis County. The park's northern boundary is 
approximately 65 miles southeast of the Seattle-Tacoma metropolitan 
area and 65 miles west of Yakima. The elevations of the park range from 
about 1,400 feet at the Tahoma Woods Administrative Site to 14,410 feet 
at the summit of Mount Rainier. About two million people visit the park 
annually, with most visitation (75 percent) occurring between June and 
September. In 1988, Congress designated approximately 97 percent 
(228,480 acres) of the park as wilderness under the Washington Park 
Wilderness Act.
    The focal point of the park is Mount Rainier, a towering snow- and 
ice-covered volcano that is a prominent landmark in the Pacific 
Northwest. Mount Rainier is the second most seismically active and most 
hazardous volcano in the Cascade Range. The 26 major glaciers that 
flank the upper mountain cover 35 square miles. Steep glaciated valleys 
and ice carved peaks dominate the park landscape. The Carbon, Mowich, 
White, West Fork White, Nisqually, South Puyallup, and North Puyallup 
rivers and their tributaries carry water from Mount Rainier to the 
Puget Sound. The Ohanapecosh and Muddy Fork Cowlitz flow into the 
Cowlitz River and on into the Columbia River. There are approximately 
470 mapped rivers and streams, including approximately 383 perennial 
streams and 84 intermittent streams. With very few exceptions, park 
rivers and streams originate within the park. There are approximately 
382 lakes and ponds, and over 3,000 acres of other wetland types (e.g., 
mineral geothermal springs, waterfalls) in the park. Approximately 29 
of these lakes are in designated wilderness. Among those waterbodies 
not in wilderness are the Littorals Pond (White River watershed) and 
Mowich and Tipsoo lakes.

Fish Resources in the Park

    The following 15 fish species are present in the rivers, streams 
and lakes within the park. Of these, 8 are native and 7 are nonnative.

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

[[Page 1375]]

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

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

NPS Authority To Manage Fishing

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

NPS Management Framework for Fishing

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

NPS Management of Fishing in the Park

    Special fishing regulations for Mount Rainier National Park are 
found in 36 CFR 7.5(a). These regulations were issued in 1969 (34 FR 
17520) and last amended in 1976 (41 FR 14863). They close the following 
areas of the park to all fishing: (i) Tipsoo Lake; (ii) Shadow Lake; 
(iii) Klickitat Creek above the White River entrance water supply 
intake; (iv) Laughingwater Creek above the Ohanapecosh water supply 
intake; (v) Frozen Lake; (vi) Reflection Lakes; and (vii) Ipsut Creek 
above the Ipsut Creek Campground water supply intake. 36 CFR 7.5(a)(1). 
Except for fishing with

[[Page 1376]]

artificial flies, the special regulations also close the Ohanapecosh 
River and its tributaries to all fishing. 36 CFR 7.5(a)(2). The 
regulations state that there shall be no minimum size limit on fish 
that may be possessed. 36 CFR 7.5(a)(3). The regulations state that the 
daily catch and possession limit for fish taken from park waters shall 
be 6 pounds and 1 fish, not to exceed 12 fish. 36 CFR 7.5(a)(4).
    Other closures and restrictions related to fishing appear in the 
Superintendent's Compendium for the park, which is available on the 
park's website at https://www.nps.gov/mora/learn/management/lawsandpolicies.htm. Several of these closures and restrictions are 
intended to conserve native fish species and reduce or eliminate 
nonnative species. The Compendium states that all native fish species 
caught in streams must be released, but that the retention of kokanee 
and brook trout (both nonnative species) is permitted with no limit. 
The purpose of this action is to protect native fish species by 
requiring catch-and-release and to reduce populations of nonnative 
species by allowing them to be removed from the park. The Compendium 
closes Fryingpan Creek above the confluence of the White River to all 
fishing. This closure was established to protect native fish species 
(bull trout, Chinook salmon, and steelhead) that are listed as 
threatened under the ESA. The Compendium also closes Ghost Lake and 
Edith Creek Basin above the Paradise water supply to protect the 
potable water supply for White River and Paradise. The Compendium 
establishes fishing seasons for streams and rivers to protect the 
spawning season of listed, native species. Where fishing is allowed in 
lakes, there are no seasonal closures because, as noted above, fish are 
not native to lakes within the park.
    In September 2017, the NPS published a Fish Management Plan/
Environmental Assessment (the Plan). The purpose of the Plan is to 
direct long-term management for fish within lakes, rivers and streams 
within the park. During the development of the Plan, the NPS solicited 
information from the USFWS, the NMFS, the Washington Department of Fish 
and Wildlife, the Washington State Historic Preservation Office, and 
six affiliated American Indian tribes: The Nisqually Tribe of Indians, 
the Muckleshoot Indian Tribe, the Cowlitz Indian Tribe, the Puyallup 
Tribe of Indians, the Squaxin Island Tribe, and the Confederated Tribes 
and Bands of the Yakama Nation. The U.S. Forest Service, Mount Baker-
Snoqualmie National Forest, also submitted comments during the public 
scoping period that occurred before the Plan was published. The Plan 
was open for a 30-day public comment period.
    On August 28, 2018, the Regional Director for Department of the 
Interior Unified Regions 8, 9, and 10 (formerly the Pacific West 
Region) approved a Finding of No Significant Impact (FONSI) selecting 
Alternative 2 in the Plan for implementation. This alternative calls 
for site-specific management actions to encourage recreational fishing 
opportunities for nonnative species and to protect native fish and 
habitat. In addition to increasing recreational angling opportunities 
for nonnative species, the alternative calls for suppressing or 
eradicating nonnative fish populations through administrative actions 
such as gillnetting, seining, electrofishing, and piscicides in 
selected locations. The selected alternative is consistent with actions 
required by the 2015 Bull Trout Recovery Plan issued by the USFWS. The 
NPS expects the eradication or suppression of nonnative fish to result 
in the increased survival and abundance of threatened and endangered 
species (bull trout, chinook salmon and steelhead) and improved habitat 
for native species. The Plan, which contains a full description of the 
purpose and need for taking action, the alternatives considered, and 
the environmental impacts associated with the considered alternatives, 
and the FONSI may be viewed on the park's planning website at https://parkplanning.nps.gov/mora by clicking on the link entitled ``2018 Mount 
Rainier National Park Fisheries Management Plan Environmental 
Assessment and Finding of No Significant Impact'' and then clicking on 
the link entitled ``Document List.''

Proposed Rule

    The proposed rule would remove special fishing regulations for the 
park that interfere with the successful implementation of the fish 
management strategy identified in the FONSI. These include the 
following closures and restrictions that limit the take of nonnative 
fish: (1) Closures at Ipsut Creek and (except for artificial 
flyfishing) the Ohanapecosh River; and (2) a daily catch and possession 
limit of six pounds and one fish, not to exceed 12 fish. Removing these 
closures and restrictions would create new angling opportunities for 
nonnative species that are currently not authorized by 36 CFR 7.5. The 
other closures and restrictions currently codified in the special 
regulations will be relocated to and maintained in the Superintendent's 
Compendium because either they are necessary to protect the domestic 
potable water supply for White River, Sunrise, Ohanapecosh, and 
Paradise (the closures of Frozen Lake and streams with identified water 
supply intakes); or to protect fragile riparian vegetation (the 
closures of Tipsoo Lake, Shadow Lake and Reflection Lakes). Closures 
and restrictions in the special regulations also apply to the take of 
native fish species. These will be retained or modified in the 
Superintendent's Compendium, consistent with the selected alternative 
in the FONSI, to help restore the natural abundance, diversity, 
dynamics, distribution, habitats and behaviors of native fish 
populations that were present in the park prior to the introduction of 
nonnative fish. The administrative flexibility offered by the 
Superintendent's Compendium, which in most circumstances can be 
modified without notice and comment rulemaking (see 36 CFR 1.5(b)), 
provides a feasible and responsive method to meet the strategic goals 
identified in the FONSI to utilize adaptive management to alter 
management activities when needed based on monitoring and best 
available science. NPS regulations at 36 CFR 1.7(b) require the 
Superintendent to update the Compendium at least annually. The NPS will 
ensure that the public has an opportunity to provide meaningful input 
prior to updating any closures or restrictions related to fishing in 
the Compendium.
    Consolidating all fishing closures and restrictions in the 
Compendium will make them more accessible and user-friendly for the 
public. Instead of having to look in two different places (the special 
regulations in 36 CFR 7.5 and the Superintendent's Compendium on the 
park's website), the public would be able to find all closures and 
restrictions related to fishing in one place. The NPS has already done 
this, informally, by producing a fishing pamphlet that is available at 
the park's website at https://www.nps.gov/mora/planyourvisit/fishing-and-boating.htm. Moving all of the closures and restrictions related to 
fishing into the Compendium would consolidate the official versions of 
them in one place for legal purposes. Centralizing them in the 
Compendium would increase compliance, strengthen enforcement, and 
decrease public confusion and frustration. The NPS routinely responds 
to inquiries and requests for clarification from the State of 
Washington and members of the public regarding fishing opportunites

[[Page 1377]]

and rules within the park. Placing all fishing closures and 
restrictions in the Compendium would make it easier for visitors to 
understand the rules and become better stewards of fishery resource at 
the park. In order to direct the public to the Compendium, the NPS 
proposes to replace the existing language in paragraph (a) of Sec.  7.5 
with a general statement that the Superintendent will establish fishing 
closures and restrictions, based on management objectives described in 
the park's resource management plans, in accordance with the criteria 
and procedures in 36 CFR 1.5 and 1.7, including publication in the 
Superintendent's Compendium. The rule would also state that fishing in 
closed waters or violating a fishing restriction established by the 
Superintendent is prohibited. Similar language is used in the special 
regulations for other NPS units, including Glacier National Park (36 
CFR 7.3) and Rocky Mountain National Park (36 CFR 7.7).

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

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

Regulatory Flexibility Act

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

Congressional Review Act

    This rule is not a major rule under 5 U.S.C. 804(2). This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

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

Takings (Executive Order 12630)

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

Federalism (Executive Order 13132)

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

Civil Justice Reform (Executive Order 12988)

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

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

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

Paperwork Reduction Act

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

National Environmental Policy Act (NEPA)

    The NPS has prepared the Plan to determine whether this rule will 
have a significant impact on the quality of the human environment under 
the NEPA. This rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the NEPA is

[[Page 1378]]

not required because of the FONSI. A copy of the Plan and FONSI may be 
viewed on the park's planning website at https://parkplanning.nps.gov/mora by clicking on the link entitled ``2018 Mount Rainier National 
Park Fisheries Management Plan Environmental Assessment and Finding of 
No Significant Impact'' and then clicking on the link entitled 
``Document List.''

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Clarity of This Rule

    We are required by Executive Orders 12866 (section 1(b)(12)) and 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section of this document.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 36 CFR Part 7

    District of Columbia, National parks, Reporting and recordkeeping 
requirements.

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

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

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

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

0
2. In Sec.  7.5, revise paragraph (a) to read as follows:


Sec.  7.5  Mount Rainier National Park.

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

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-00231 Filed 1-10-22; 8:45 am]
BILLING CODE 4312-52-P