[Federal Register: April 2, 2004 (Volume 69, Number 64)]
[Proposed Rules]
[Page 17355-17368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap04-18]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 13
RIN 1024-AD13
National Park System Units in Alaska
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS or Service) is proposing to
revise 36 CFR part 13, the special regulations for the NPS-administered
areas in Alaska. Part 13 was first adopted in 1981 (46 FR 31836, June
17, 1981) as ``interim guidance'' and the minimum necessary to
administer the new park areas established by the Alaska National
Interest Lands Conservation Act (ANILCA) (Pub. L. 96-487, December 2,
1980, 94 Stat. 2371, 16 U.S.C. 3101). While individual sections of part
13 have been amended and some new sections added since 1981, there has
been no comprehensive review of the part 13 regulations. This proposed
rulemaking intends to initiate the first phase of a continuing review
of part 13. The specific proposals included with this rulemaking are
changes that have been under consideration as separate rulemaking
initiatives as well as certain designations, closures, openings, permit
requirements and other provisions established by park Superintendents
under their discretionary authority subsequent to the adoption of part
13, and which are now viewed as appropriate for consideration in
rulemakings. We intend the part 13 review process started by this
proposed rulemaking to be ongoing, with regularly recurring rulemaking
proposals to maintain an up-to-date part 13 that is responsive to
changing public and resource needs. 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, suggestions, or
objections as noted below.
DATES: Comments must be received by June 1, 2004.
ADDRESSES: Send comments by mail to: National Park Service, Regional
Director, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK
99501. By email to: akro_regulations@nps.gov. By fax to: (907) 644-
3805.
FOR FURTHER INFORMATION CONTACT: National Park Service, Victor Knox,
Associate Regional Director, Alaska Regional Office, 240 West 5th Ave.,
Anchorage, AK 99501. Telephone: (907) 644-3501. E-mail:
akro_regulations@nps.gov. Fax: (907) 644-3816.
SUPPLEMENTARY INFORMATION:
Background
Each park area in Alaska has a compendium consisting of the
compiled designations, closures, openings, permit requirements, and
other provisions established by the Superintendent under the
discretionary authority granted in 36 CFR 1.5 and elsewhere in
regulations. We have conducted a review of 36 CFR part 13 and the park
compendiums, and propose the following changes. These changes,
discussed below in the Section-by-Section Analysis, are part of an
ongoing rulemaking process to be conducted in conjunction with the
annual review of individual park compendiums. Several of these proposed
rules are intended to replace existing provisions in park compendiums.
Also covered are four proposed rules that have been under independent
consideration and are included with this proposal for administrative
convenience and efficiency. Each of these proposals is identified in
the Section-by-Section Analysis. As used within this document, the
terms ``we,'' ``our,'' and ``us'' refer to the National Park Service.
Section-by-Section Analysis
Section 13.1 Definitions
Sec. 13.1(c). We propose to define the term airstrip because the
new regulations will prohibit the obstruction of airstrips (see Sec.
13.10 below). The proposed definition identifies the specific types of
airstrips at issue. It does not include every location susceptible to
aircraft landings, but rather only airstrips that are generally known,
at least locally, to be currently in such use. Such strips must be (1)
visible to an average, reasonably alert person; (2) known in the local
area as a location where aircraft land; or (3) marked in some way. This
definition would include temporary and permanent airstrips over ground,
snow, water, or ice.
Sec. 13.1(g). We propose to define the term facility because the
new regulations will address public use of ``facilities.'' The existing
part 13 regulations treat public use at or on NPS facilities the same
as other areas. As visitor use levels have risen and user and/or
resource conflicts have emerged, we have identified a need to manage
select facilities and developed areas differently from other park
areas. We propose to include buildings, structures, park roads (as that
term is defined in Sec. 1.4), parking lots, campgrounds, picnic areas,
paved trails, and maintenance support yards in the facilities
definition. Maintenance support yards are areas temporarily used during
projects to store materials or for temporary employee housing. We
intend the term facility to be construed narrowly. For example, camping
will be prohibited at or on NPS facilities except for designated
campgrounds. Camping on a paved trail or park road unreasonably
interferes with other public access and poses obvious safety concerns.
Current regulations require such a closure to be implemented as either
a temporary closure not exceeding 12 months or as a rulemaking. Rather
than propose a rulemaking for specific facilities in specific parks, we
have instead adopted the approach proposed in these regulations.
Section 13.4 Information Collection
Sec. 13.4. The Paperwork Reduction Act requires that we obtain
approval from the Office of Management and Budget (OMB) before we
collect information from the public. During the development of this
proposed rule we learned that the information collection references
currently found in Sec. 13.4 are obsolete and incorrect. They became
obsolete mainly because of department-wide regulations that superseded
Sec. Sec. 13.10 through 13.16. Our information collection activities
have also been affected by the enactment of Federal statutes governing
the way we regulate cruise ships and commercial fishing
[[Page 17356]]
access in Glacier Bay National Park. Our need to collect information
under part 13, as currently written and as proposed, is covered under
authorizations approved by the Office of Management and Budget for
concession opportunities (OMB Control Number 1024-0125) and for special
park uses (OMB Control Number 1024-0026). We propose to amend Sec.
13.4 accordingly, and remove Sec. 13.65(b)(7).
Section 13.10 Obstruction of Airstrips
Sec. 13.10(a)-(b). Alaska national park areas contain many remote
and often minimally maintained or unmaintained bush landing areas [see
Sec. 13.1(c) above] relied on for general public and government
access, and emergency use by aircraft. We considered including
airstrips in the definition of facilities, but decided not to do so
because it would unnecessarily broaden the facilities definition and
the reach of the facilities regulations. For example, camping on an
airstrip in a manner that obstructs a landing site is inappropriate
because it poses safety problems, unfairly prevents other members of
the public from accessing an area, and may interfere with government
functions. However, camping adjacent to an airstrip would not pose
problems under most circumstances. This regulation is modeled after an
Alaska State law that prohibits obstructing airports and runways.
Section 13.18 Camping and Picnicking
Sec. 13.18(a)-(b). We propose revising paragraph (a) to carry into
regulation various compendium restrictions on the length of time a
specific campsite may be used by the same person or group. The
regulation is modeled after State camping regulations. Camping in one
location for a prolonged period can result in resource damage,
particularly to soil and vegetation, and also does not allow for
equitable allocation of preferred camping locations. The proposed
revision also recognizes that we may require a party to relocate their
camp if it unreasonably interferes with other public uses or may cause
resource damage. Where camping in a particular location poses a
resource concern, we will continue to utilize Sec. 13.30 to establish
permanent and temporary camping closures and restrictions. If the
location of a specific party's camp may cause resource damage, we may
require that party to relocate their camp under this proposed rule.
Paragraph (a) would also restrict camping at or near park facilities
other than campgrounds to avoid interference with the intended facility
purposes. Other permanent or temporary camping closures or restrictions
must be established pursuant to Sec. 13.30. We propose paragraph (b)
to provide a flexible and efficient method of notifying the public when
picnicking is not appropriate in a particular area. The current
regulation provides only for the posting of signs, which is not always
the best method of providing the public with appropriate notice of
picnicking restrictions and closures.
Section 13.19 Weapons, Traps, Bows and Nets
Sec. 13.19(a)-(e). We propose to revise Sec. 13.19 in four
aspects:
(1) Paragraph (a) serves to authorize the carrying, possession, and
use of bear spray in all Alaska park areas. Such carrying, possession,
and use are currently authorized in park areas established by ANILCA,
but not in pre-ANILCA units. This revision allows bear repellent pepper
spray in Klondike Gold Rush National Historical Park, Sitka National
Historical Park, the former Mount McKinley National Park, the former
Glacier Bay National Monument, and the former Katmai National Monument.
(2) Paragraphs (b) and (c) would prohibit the carrying, possession,
and use of weapons, traps, and nets unless authorized by Sec. 2.4 or
Sec. 13.19. Section 13.19 is currently structured only as an
authorization.
(3) Paragraph (d) would authorize the lawful possession and use of
firearms.
(4) Paragraph (e) clarifies that traps, bows, nets, and other
implements may also be used and possessed in Alaska park areas for the
lawful taking of fish and wildlife when authorized by applicable law or
regulation. Currently Sec. 13.19 addresses only the carrying of these
items.
Section 13.20 Preservation of Natural Features
Sec. 13.20(a)-(f). This section would be revised in four aspects:
(1) The former Glacier Bay National Monument would be deleted from
the applicability section of this regulation. Collecting natural
products in the former monument is managed under Sec. 13.20. Deleting
this unit from Sec. 13.20(a) would subject the former monument to the
provisions in Sec. 13.20(b)-(f) and consequently allow for the
collection of plants essential for traditional ceremonies and
collection of mushrooms.
(2) Paragraph (b) is a prohibition statement that does not effect a
substantive change. Like the proposed prohibition statement in Sec.
13.19, a new paragraph (b) is proposed to more clearly indicate that
collecting natural products is prohibited, except as specifically
authorized in the remainder of the section, Sec. 2.1, or under the
subsistence provisions of 36 CFR part 13.
(3) Paragraph (c) would be revised to allow collection of dead wood
on the ground as fuel for campfires in the park. A new paragraph (d)
would provide the Superintendents discretion to allow collection of
dead standing wood as fuel for campfires in the park. Standing dead
wood provides important wildlife habitat. In some cases, however,
collection of dead standing wood for campfires may be appropriate in
specific areas. We believe, however, that collection of dead standing
wood in these areas should be considered on an individual basis; and
flexibility to close areas is necessary to prevent over-utilization.
The regulation also seeks to protect ``ghost trees'' created by the
1964 earthquake.
(4) We propose providing Superintendents the discretion to place
limits on the size or quantity of natural products that may be
collected without following the closure procedures in a new paragraph
(f). Size and quantity limitations will be adopted in accordance with
Sec. 1.7.
Section 13.21 Taking of Fish and Wildlife
Sec. 13.21(d)(5). We propose a new paragraph (d)(5) to clarify and
explain the existing procedure for checking hunting parties passing
through all Alaska park areas. Part 2 regulations allow Superintendents
the discretion to establish procedures for transporting lawfully taken
wildlife through park areas. We propose to establish these procedures
as the default rule since hunting is allowed in most Alaska parks.
Since some form of hunting is allowed in most areas, identity of the
transporter and the location of the kill site are normally the only
pieces of information necessary. We do recognize, however, that
different procedures may be more appropriate in other Alaska park
areas, particularly where hunting is not allowed. In these areas, the
Superintendents may establish different procedures for transporting
wildlife taken lawfully under Sec. 2.2.
Section 13.22 Unattended or Abandoned Property
Sec. 13.22(b). Paragraph (b) would be revised to reflect the
generally shorter period of time now provided in park compendiums, that
experience has shown is sufficient for the disposition of property in
most circumstances. Paragraph (b) would also be revised to require that
personal property be
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labeled with the owner's identity, contact information, the date the
property was left, and other pertinent information. This allows us to
determine how long the personal property has been left and to contact
the owner if there is a problem or the property needs to be moved. The
regulation also establishes specific restrictions on fuel storage
designed to minimize the chances of fuel spills. The consequences of a
fuel spill can be catastrophic, especially in parks that contain stream
headwaters. Specifically, the regulation allows an individual to have
only one fuel cache within a park unit; limits to 30 gallons the amount
of fuel that can be stored; limits the location fuel can be stored near
water; and requires that it be stored in a closed, undamaged fuel
container. We recognize that special circumstances may require
different or additional restrictions, which may be established in
accordance with paragraph (c). The Superintendent may relax the
proposed general conditions on leaving property unattended if
circumstances warrant. For example, Yukon Charley Rivers National
Preserve intends to allow more than 30 gallons of fuel and also allow
fuel to be left closer to water sources. In this unit, motorboats are
the primary means of access and it is often necessary for people to
travel substantial distances on waterways. Therefore, Yukon Charley
Rivers National Preserve intends to adopt requirements different from
those proposed as the standard here. These requirements will be noted
in the park's compendium and the public notified in accordance with
paragraph (c).
Section 13.30 Closure Procedures
Sec. 13.30(c)(1) and (d)(1). Section 13.30 currently provides
procedures for closing and restricting certain activities authorized
under Sec. Sec. 13.18(a), 13.19, and 13.21. Before 1986, the NPS
implemented ANILCA Sec. 1110 access for traditional activities in part
13 and also adopted procedures for closing and restricting this access
under Sec. 13.30. In 1986, the regulations were superseded by
Department of the Interior regulations in 43 CFR part 36. The current
Department regulations also provide procedures for closing or
restricting the access that is otherwise authorized by those sections.
Consequently, we propose a housekeeping change to delete the reference
in Sec. 13.30(c)(1) and (d)(1) on closures and restrictions to
snowmachines, motorboats, airplanes, and other means of nonmotorized
surface transportation since the procedures are now found in 43 CFR
part 36.
Sec. 13.30(h). A new paragraph (h) would provide specific
provisions for closing and restricting park facilities. Such facilities
are provided for particular purposes and activities that from time to
time must be curtailed due to emerging circumstances and conditions.
Those instances usually fall under the categories of public health,
safety, and protection of property.
Section 13.46 Use of Snowmobiles, Motorboats, Dog Teams, and Other
Means of Surface Transportation Traditionally Employed by Local Rural
Residents Engaged in Subsistence Uses
Sec. 13.46(e). Paragraph 13.46(e) would be updated to show the
correct regulatory reference. The referenced sections were removed and
reserved in 1986 and replaced by 43 CFR 36.11(c), (d), (e), and (g).
One of the sections reserved at that time is now proposed for use (see
Sec. 13.10 above). This could result in confusion if the
administrative correction is not made now.
Section 13.60 Aniakchak National Preserve
Sec. 13.60(b). We propose to add a new paragraph (b) to provide
for a minimum distance between people and wildlife to protect both
wildlife and park visitors. Wildlife viewing, fishing, or other
activities in areas of concentrated food sources, especially for bears,
can alter wildlife behavior and cause circumstances of hazard to park
visitors and wildlife. Disruption of the natural wildlife pattern can
also reduce or eliminate the viewing opportunities that attract many
visitors to these areas. The restrictions proposed for paragraph (b)
are intended to mitigate the risks associated with areas of abundant
fish and wildlife while accommodating large numbers of visitors drawn
to the area because of the wildlife. Not subject to the wildlife
viewing conditions are those engaged in a lawful hunt, individuals on a
bear viewing platform, or those who comply with a written protocol
approved by the Superintendent. The State of Alaska, the NPS, and
commercial operators in Aniakchak have spent considerable time
preparing standards for viewing wildlife. The protocol referred to in
the regulatory language is intended to mean these jointly developed
standards.
Section 13.62 Cape Krusenstern National Monument
Sec. 13.62(a) Subsistence Resident Zone. This proposed change
would amend Sec. 13.62 by replacing the existing subsistence zone
communities with a single region-wide resident zone area. This change
is also proposed for Kobuk Valley National Park. This action is in
response to recommendations pursuant to section 808 of ANILCA by the
monument's Subsistence Resource Commission on behalf of the affected
communities and other residents of the NANA region, and subsequent
instructions from the Secretary of the Interior. Our resident zone
regulations provide that resident zones may be either communities or
areas. More than 90 percent of the NANA region's residents are Inupiaq
Eskimos with a long history of subsistence use in the monument. The
cohesive nature of the social and cultural relationships of the NANA
region is well documented. We have completed an analysis of the NANA
region and found that the area meets the criteria of a resident zone
established under the provisions of Sec. 13.43. Consequently, there is
no administrative or management purpose to be achieved by treating the
several communities of the region separately for subsistence activities
in the monument. The substitution of a region-wide resident zone will
allow the harvest and use of subsistence resources by all similarly
situated local residents without burdening some subsistence users and
the NPS with a permit process.
Section 13.63 Denali National Park and Preserve
Sec. 13.63(b) Camping. We propose to delete the reference to
camping in the area along the road corridor since it is proposed for
inclusion in the Frontcountry Developed Area regulation in
Sec. 13.63(i).
Sec. 13.63(i) Frontcountry Developed Area. A new paragraph (i) is
proposed for the most heavily used area of the park, which would be
designated as the Frontcountry Developed Area (FDA). This area includes
that portion of the park formerly known as Mt. McKinley National Park
(Old Park) that is not designated as wilderness. This area was
described at 57 FR 45166, 45178-80, September 30, 1992. The areas of
the FDA are depicted on the 1:250,000 scale topographic map of Denali
National Park and Preserve published by the USGS as map 63148-F8-PF-250
and revised in 1986. The FDA includes all lands and waters within 150
feet either side of the centerline of the Denali Park Road, all areas
between the Alaska Railroad and the ordinary high water mark on the
left [west] bank of the Nenana River, the park entrance area north of
Hines Creek and east of the 149th Meridian and south of a line
extending west from the mouth of Junco
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Creek, the wilderness exclusions surrounding Wonder Lake, the Eielson
Visitor Center, Toklat Road Camp, East Fork Ranger Cabin, Igloo,
Teklanika, Sanctuary and Savage Campgrounds, areas surrounding eight
former or proposed gravel pits along the park road, and 150 feet back
from all turnouts and parking areas existing in 1980. The level of
public use in the area requires a more comprehensive regulatory
structure to equitably allocate opportunity for public use and to
protect park resources. The numbered paragraphs that follow in the
proposed rule deal with specific subject matter rules applicable within
the FDA. Paragraph (i)(1) restricts camping to designated campgrounds
and establishes seasonal permit requirements and length of stay limits.
Paragraph (i)(2) restricts where fires may be set. Paragraph (i)(3)
establishes rules for pets. Paragraph (i)(4) allows the Superintendent
to prohibit or restrict other activities within the FDA for public
health, safety, and resource needs. The need for these new regulatory
provisions is predicated on the higher levels of public use and
activity in the FDA and as noted, would not apply outside the FDA.
Sec. 13.63(j). Proposed paragraph (j) would prohibit the use of
bicycles on the specified trails. This restriction would minimize the
risk of negative wildlife encounters related to surprising wildlife and
would protect the safety of pedestrians who use the trails. These
trails are designed for and receive higher pedestrian concentrations
than non-restricted trails and require restriction of bicycle use in
the interest of safety for both pedestrians and riders.
Sec. 13.63(k). A new paragraph (k) would restrict roller skates,
skateboards, roller skis, rollerblades, in-line skates, and other
coasting/skating devices on specified trails. This restriction would
apply to the same trails as specified for bicycles, as well as the
Denali Park Road. This proposed restriction is based on the same safety
concerns as the proposed regulation on bicycles. The restriction also
includes the Denali Park Road. Compared to bicycles, skating devices
have a limited ability to stop. Therefore, we propose to also close the
Denali Park Road to skating devices. The roadway has numerous narrow
and winding sections with limited visibility and a high volume of
passenger vehicles, recreational vehicles, and buses.
Section 13.65 Glacier Bay National Park and Preserve
Sec. 13.65(a)(4) and (a)(5). The current regulations for
commercial fishing lifetime access permits that are the subject of
these proposed changes implemented Sec. 123(a) of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act for FY 1999
(the Act), including eligibility criteria for lifetime access permits
for commercial fishing in the park. Recent judicial interpretation of
Sec. 123(b) of the Act indicates that the eligibility criteria
currently provided in Sec. 13.65(a)(4) and (a)(5) for commercial
fishing lifetime access permits require revision to be consistent with
the court's ruling regarding similar criteria in Sec. 123(b). The
existing regulations limit eligibility for lifetime access permits to
fishermen engaged in commercial fishing as limited entry permit holders
during a minimum number of qualifying years. The district court ruling
for Sec. 123(b) suggests that being engaged in commercial fishing as a
crewmember should also count toward eligibility. For this reason we
propose revising the regulations for lifetime access permits to include
crewmember time for purposes of meeting the minimum number of
qualifying years of commercial fishing. This change would revise only
the criteria for determining the number of qualifying years. The
requirement that applicants be limited entry permit holders at the time
of application would not change.
Sec. 13.65(b)(1). We propose adding a definition for the term
Bartlett Cove Developed Area. The Bartlett Cove Developed Area must be
defined because we also propose adding special regulations for this
heavily visited area of the park. The special regulations will
equitably allocate recreational opportunities among users and protect
park resources. The Bartlett Cove Developed Area will include all NPS
administered lands and waters within one mile of any Bartlett Cove
facility. A map of the Bartlett Cove Developed Area will be made
available to the public at the visitor center in Bartlett Cove.
Sec. 13.65(b)(3)(ix)(C)(1)--Bartlett Cove Developed Area. We
propose several regulations applicable within the Bartlett Cove
Developed Area. This paragraph proposes to (i) limit camping to the
Bartlett Cove campground during the peak summer season; (ii) restrict
cooking, consuming, or preparing food to certain designated areas to
protect people and wildlife, specifically bears; (iii) restrict food
storage to specified areas and devices that bears cannot easily access;
(iv) close for safety reasons the Forest Loop, Bartlett River, and
Bartlett Lake trails to the use of bicycles; and (v) allow the
Superintendent to prohibit or restrict other activities within the
Bartlett Cove Developed Area for public health, safety, and resource
needs. The need for these regulatory provisions is predicated on the
higher levels of public use and activity in the Bartlett Cove Developed
Area and, as noted, would not apply outside the area.
Sec. 13.65(b)(3)(ix)(C)(2)--Bartlett Cove Public Use Dock. We
propose several rules providing for the safe and equitable use of
Bartlett Cove docks. This paragraph proposes to (i) establish a daily
time limit for individuals securing aircraft to the one designated
aircraft float that must be shared by all users; (ii) restrict vehicles
exceeding 30,000 pounds gross vehicle weight on the dock since heavier
vehicles may damage the structure; (iii) prohibit leaving property on
or attached to floats or the pier without prior permission from the
Superintendent; (iv) prohibit processing commercially caught fish on
the Public Use Dock; (v) prohibit commercially buying or selling fish
on or over the Public Use Dock; (vi) prohibit using the fuel dock for
activities besides fueling or waste pump-out; (vii) prohibit leaving a
vessel unattended on the fuel dock for any length of time due to
limited space; and (viii) prohibit using electrical power from the
shore without prior authorization from the Superintendent.
Sec. 13.65(b)(3)(ix)(C)(3)--Collection of interstadial wood. We
propose to prohibit the collection and burning of interstadial wood.
Interstadial wood is aged wood preserved by historic glacial activity.
This wood provides important geologic information and has an intrinsic
value that warrants additional protection.
Sec. 13.65(b)(3)(ix)(C)(4)--Collection of rocks and minerals. We
propose to make the former Glacier Bay National Monument subject to
Sec. 13.20. However, we do not believe that the provisions in Sec.
13.20 allowing for collection of rocks and minerals should be extended
to the former monument. Rather, we propose to maintain the prohibition
on collecting of rocks and minerals in the former monument portion of
the park.
Sec. 13.65(b)(3)(ix)(C)(5)--Collection of goat hair. We propose to
allow collection of naturally shed goat hair in Glacier Bay National
Park and Preserve. Goat hair is collected by members of local
communities and used for making handicrafts. We believe this cultural
practice is an appropriate use of park resources and should be
accommodated.
Sec. 13.65(b)(3)(ix)(C)(6)--Camping. We propose to replace the
current backcountry camping permit requirement in Glacier Bay pursuant
to Sec. 2.10 with a camping orientation
[[Page 17359]]
requirement. Camping orientations will be provided at the park visitor
center, or as otherwise indicated on the park Web site and/or other
postings convenient to visitors. The goal of the required orientation
is to effectively protect habitat and wildlife resources in those areas
most heavily used by the public, and provide the public with safety
information that can be instrumental in preventing visitor accidents
while camping in the park. The required orientation will ensure that
overnight campers in the designated area are provided up-to-date safety
and resource protection information; including information on area
closures, advisories of areas with heavy bear activity, marine mammal
haul-out beaches, bird nesting sites, and other circumstances that
change often in very short timeframes. This proposed requirement would
apply only to campers using the shoreline up to \1/4\ nautical-mile
(1,519 feet) above the line of mean high tide within Glacier Bay, as
this constitutes the main area where human impacts are most likely.
Repeat campers who may have had an orientation earlier in the season
would still need to visit or contact the park visitor center for a
brief orientation update prior to going out for each trip. This would
allow them to receive the most current update on bear activity,
emergency restrictions, changes in wildlife populations or behaviors,
and other information. Maps and informational brochures, food storage
containers, updated weather reports, and other local information are
also frequently provided for visitors during the orientation.
Sec. 13.65(b)(3)(ix)(C)(7)--Commercial transport of passengers by
motor vehicles in Bartlett Cove. This proposed regulation eliminates
the requirement to have a commercial operations permit to transport 15
or fewer people between Gustavus and Bartlett Cove. We believe a permit
is unnecessary since commercial transporters primarily transport
individuals from Gustavus Airport to Glacier Bay Lodge and the short
distance between Gustavus and Bartlett Cove, and only a limited number
of commercial operators (each of whom is known to the NPS) provide
these services.
Section 13.66 Katmai National Park and Preserve
Sec. 13.66(c) Traditional red fish fishery. We propose revising
the park regulations to conform existing fishing regulations to the
provisions of section 1035 of the Omnibus Parks and Public Lands
Management Act of 1996 (the Act) (Pub. L. 104-333, 110 Stat. 4240). The
intent of this proposed regulation is to incorporate this statutory
fishing allowance into existing park fishing regulations. We propose to
add a new Sec. 13.66(c) to allow local descendants of Katmai residents
to continue their traditional fishing for red fish. Existing NPS
regulations may have had the effect of restricting the traditional
local fishery that is allowed by the Act. Traditional fishing for red
fish by local residents is accomplished using a variety of fishing gear
such as spear, dip net, and gill net. It is therefore necessary to
conform the park regulations to the statutory provision in order to
eliminate any confusion as to the applicable authority.
Sec. 13.66(d)--Brooks Camp Developed Area. A new Sec. 13.66(d) is
proposed for the most heavily used area of the park, which would be
designated the Brooks Camp Developed Area (BCDA). The level of public
use in the area requires a more comprehensive regulatory structure to
equitably allocate opportunity for public use and to protect park
resources. The area included in the BCDA is described in the
introductory paragraph of the section. The numbered paragraphs that
follow in the proposed rule address specific subject matter rules that
would apply within the BCDA. These rules would not apply in areas of
the park outside the BCDA. Paragraph (d) proposes to (1) limit camping
to the Brooks Camp Campground and other designated areas during the
times of highest visitation, establishes limits on length of stay, and
also establishes group size limits at the Brooks Camp Campground during
the fee period; (2) restrict use of the bear viewing platforms and
boardwalks to specified hours; (3) close a small area adjacent to the
Brooks River from the Riffles Bear Viewing Platform to a point 100
yards above Brooks Falls between June 15 and August 15; (4) establish
rules for food storage; (5) restrict fires to designated fire rings;
(6) restrict dishwashing to designated locations; (7) prohibit pets;
(8) require attendance at a Bear Orientation presentation; (9)
establish where food possession and picnicking are allowed and prohibit
the possession and consumption of food at the river in the BCDA; (10)
prohibit unattended personal property except at designated areas; and
(11) allow the Superintendent to prohibit or restrict other activities
within the BCDA for public health, safety, and resource needs. The need
for these provisions is predicated on the higher levels of public use
and activity in the BCDA and the significant levels of wildlife,
especially bears, present in the area. A primary purpose is to prevent
bears and other wildlife from learning to associate humans, human
developments, or camp sites as potential sources of food, thus
protecting wildlife and park visitors alike. As noted, these
restrictions would not apply outside the BCDA nor other than during the
peak summer season.
Sec. 13.66(e)--Wildlife viewing conditions. Paragraph (e) is
proposed to provide for a minimum distance between people and wildlife
to protect both wildlife and park visitors. Wildlife viewing, fishing,
or other activities in areas of concentrated food sources, especially
for bears, can alter wildlife behavior and cause hazardous
circumstances for park visitors and wildlife. Disruption of the natural
wildlife pattern can also reduce or eliminate the viewing opportunities
that attract many visitors to these areas. The restrictions proposed
for paragraph (e) are intended to mitigate the risks associated with
areas of abundant fish and wildlife while accommodating large numbers
of visitors drawn to these areas because of the wildlife. Not subject
to the wildlife viewing conditions are those visitors engaged in a
lawful hunt in the preserve, individuals on a bear viewing platform, or
people who comply with a written protocol approved by the
Superintendent. The State of Alaska, the NPS, and commercial operators
in Katmai have spent considerable time preparing standards for viewing
wildlife. The protocol referenced in the regulatory language is these
jointly developed standards.
Sec. 13.66(f). Paragraph (f) is proposed to facilitate orderly and
equitable use of the Lake Camp launching ramp and dock. The proposed
rule would prohibit leaving boats, trailers, or vehicles longer than 48
hours without authorization of the Superintendent.
Section 13.67 Kenai Fjords National Park
Sec. 13.67(b)--Exit Glacier. We propose to add paragraph (b) to
the existing park special regulations. Paragraph (b) includes specific
rules that would be applied to access to and on Exit Glacier near its
terminus. Such rules are necessary and appropriate to protect the
public from the extremely hazardous conditions associated with falling
ice in that area.
Sec. 13.67(c)--Public use cabins. Paragraph (c) is proposed to
protect fragile vegetation in high use areas as well as the expected
privacy and exclusive use of public use cabins by authorized users. We
propose to prohibit camping and fires within 500 feet of the North Arm
and Holgate public use cabins and within the five-
[[Page 17360]]
acre parcel leased by the NPS where the Aialik public use cabin is
located. This closure is intended to avoid site-specific user conflicts
while allowing reasonable transient passage through the area by others.
This proposal is similar to a State of Alaska restriction that
prohibits camping, pitching a tent, or staying overnight within 300
feet of a State public use cabin [11 Alaska Administrative Code
12.230(m)]. This paragraph would not apply on State land below the
ordinary mean high tide, nor to the cabin permit holder when using a
tent platform or tent pad provided by the NPS.
Section 13.68 Klondike Gold Rush National Historical Park
Sec. 13.68(a)--Camping. There is a need to allocate limited
designated camping space through the use of a camping permit system.
For camping at the Dyea campground, camping permits would be available
at the self-registration station in the campground. For camping in all
other areas of the park, camping permits would be available at the park
office. Designated areas for camping will be established as a permit
condition when and where appropriate. Because of the need to allocate
limited space among users, we are also proposing a 14-day per calendar
year limit for camping at the Dyea campground.
Sec. 13.68(b)--Preservation of natural, cultural, and
archaeological resources. We propose to allow the collection of
mushrooms in the park. Although mushrooms can be collected in most
Alaska park areas pursuant to Sec. 13.20(b)(1), that provision does
not apply to Klondike Gold Rush. The park was not included in Sec.
13.20(b)(1) when it was adopted because at that time the focus was on
the park areas that were added by ANILCA. The pre-ANILCA park areas in
many instances remained subject to the general NPS regulations without
further modification by part 13. However, mushrooms are abundant in the
park because of the favorable growing conditions provided by the
temperate rain forests of Southeast Alaska. They are commonly gathered
non-commercially by local residents and visitors in much the same way
as wild fruits and berries are gathered where abundant on public lands
in other areas. At this time, there does not appear to be a need to
continue to prohibit the gathering of mushrooms. This paragraph
proposes to allow the Superintendent to include mushrooms in the
allowance for collecting fruits, berries, and nuts subject to
conditions, restrictions, and closures established under Sec. 2.1(c).
Sec. 13.68(c). A new paragraph (c) would address weapons on State-
owned lands and waters that the NPS administers pursuant to a
memorandum of understanding. This proposed paragraph would provide that
NPS regulations prohibiting the general public from possessing,
carrying and using weapons, traps, and nets for the lawful taking of
fish and wildlife do not apply on these State-owned lands and waters.
Section 13.69 Kobuk Valley National Park
Sec. 13.69(a)(1)--Subsistence Resident Zone. The proposed change
would amend Sec. 13.69 by replacing the existing subsistence zone
communities with a single region-wide resident zone area. An identical
modification is proposed for Cape Krusenstern National Monument. This
action is in response to recommendations pursuant to Sec. 808 of
ANILCA by the park's Subsistence Resource Commission on behalf of the
affected communities and other residents of the NANA region, and
subsequent instructions from the Secretary of the Interior. Our
resident zone regulations provide that resident zones may be either
communities or areas. More than 90 percent of the NANA region's
residents are Inupiaq Eskimo residents with a long history of
subsistence use in the Park. The cohesive nature of the social and
cultural relationships of the NANA region is well documented. We have
completed an analysis of the NANA region and found that the area meets
the criteria of a resident zone established under the provisions of
Sec. 13.43. Consequently, there is no administrative or management
purpose to be achieved by treating the several communities of the
region separately for subsistence activities in the Monument. The
substitution of a region-wide resident zone will allow the harvest and
use of subsistence resources by all similarly situated local residents
without burdening certain subsistence users and the NPS with a permit
process.
Section 13.72 Sitka National Historical Park
Sec. 13.72(a)(1)--(3) Prohibited Activities. The existing
restriction on overnight camping is recodified, without change, as
paragraph (1). In new paragraphs (2) and (3), we propose to make
permanent the existing compendium restrictions for bicycles, skates,
skateboards, and similar recreational devices. Park access is
predominantly by foot on narrow wooded trails. Pedestrian traffic is
largely composed of families and senior citizens. Under current public
use patterns and management objectives, we have found that use of these
devices on the park trails and other walkways is detrimental to
pedestrian safety. However, we recognize that bicycle use may be
appropriate in the future if public use patterns or management
objectives change.
Section 13.73 Wrangell-St. Elias National Park and Preserve
Sec. 13.73(b)--Kennecott Mines National Historic Landmark (KNHL).
We propose adding a new paragraph (b) for the Kennecott Mines National
Historic Landmark, one of the most heavily used areas of the park. We
propose limiting activities in this high public use area to protect
historic structures and contents and to protect the public from safety
hazards. The numbered paragraphs that follow in the proposed rule
address specific subject matter rules applicable within the KNHL.
However, these prohibitions do not apply to private land within the
KNHL. Paragraph (b)(1) prohibits entering closed structures or passing
beyond barricades. Paragraph (b)(2) prohibits entering mine tunnels and
other mine openings. Paragraph (b)(3) prohibits camping in or on any
historic structure. Paragraph (b)(4) prohibits camping at the mill site
and defines this area. Paragraph (5) prohibits lighting or maintaining
a fire within the mill site as defined in Sec. 13.73(b)(4).
Sec. 13.73(c)--Headquarters/Visitor Center Developed Area (HVCDA).
The Headquarters/Visitor Center area is also one of the most heavily
visited areas of the park and we propose to add a new paragraph (c)
applicable to this area. This area consists of all NPS administered
lands and waters within one-half mile of the headquarters building
other than the Valdez Trail. The level of public use in the area
requires a more comprehensive regulatory structure to equitably
allocate services and facilities among users and to protect park
resources. The numbered paragraphs that follow in the proposed rule
deal with specific subject matter rules applicable within the HVCDA.
Paragraph (1) prohibits lighting or maintaining a fire. Paragraph (2)
prohibits camping within the HVCDA. Paragraph (3) prohibits entering
the HVCDA after visiting hours which will be posted on the entrance
gate.
Sec. 13.73(d)--Slana Developed Area (SDA). Like KNHL and HVCDA,
the area around the Slana Ranger Station also receives significant
visitation. We propose adding a new paragraph (d) to define this
developed area as the area within one-quarter mile of the ranger
station.
[[Page 17361]]
Sec. 13.73(e)--KNHL and Developed Area Closures and Restrictions.
We propose to add paragraph (e) to allow the Superintendent to
prohibit, restrict, or condition activities within the KNHL, HVCDA, and
SDA for reasons of public health, safety, and resource needs, with
notice posted on the park website and other areas convenient to
visitors.
Compliance With Other Laws
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and is not subject to
review 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.
A qualitative cost/benefit analysis was conducted to examine
specific costs and benefits associated with this proposed regulation.
That analysis concludes that positive net benefits would be generated
by each component of the proposed regulatory action, and hence by the
regulatory action overall. Further, governmental processes in NPS-
administered areas in Alaska would be improved, and market failures
would be more effectively addressed. Therefore, it is anticipated that
economic efficiency would be improved by this proposed regulatory
action.
(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. The proposals included with this rulemaking apply on areas
managed by the National Park Service and are not known to be
inconsistent with other Federal regulations. Several proposals are
specifically intended to improve consistency between State and Federal
areas. The review process used to develop the rulemaking proposals
included consultation with the State of Alaska Department of Natural
Resources to seek views of appropriate officials and to provide maximum
conformity with State rules on adjacent lands as well as active
participation where NPS is proposing variation from similar State
regulations.
(3) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs, or the rights and obligations of
their recipients. This rule will have no effects on entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. No grants or other forms of monetary supplements are
involved. While this proposed rule would implement a statutory use
authorization for traditional fishing at Katmai National Park and
broaden slightly commercial fishing access at Glacier Bay National
Park, neither entitlement has budgetary impact.
(4) This rule does not raise novel legal or policy issues. This
rule simply implements miscellaneous existing legislative enactments,
judicial interpretations, and regulatory provisions. The proposed rule
is not a completely new proposal, but rather a continuation of the
rulemaking process begun in 1980 to implement various provisions
required by the Alaska National Interest Lands Conservation Act
(ANILCA). In implementing ANILCA, the NPS has sought to promulgate only
those regulations necessary to interpret the law and to provide for the
health and safety of the public and the environment. While the legal
and policy issues associated with some parts of ANILCA may have been
considered novel when adopted, they have long since lost their novelty.
The continuing implementation of ANILCA has become routine and the
process begun by this rulemaking is intended to increase participation
and cooperation in the evolution of NPS regulations for Alaska.
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.).
The economic effects of this rule are local in nature and negligible in
scope. The proposals in this rulemaking will either implement rules
unrelated to business activity or make permanent various temporary and
emergency rules under which area businesses have been operating. The
rules included in this proposed rulemaking will have no effect or in
some cases a salutary effect by eliminating year to year uncertainty
for businesses and park visitors. The regulatory flexibility analysis
prepared for the original Glacier Bay commercial fishing regulations
(see Record of Compliance, RIN 1024-AB99, dated July 27, 1999) remains
applicable and is not changed by this proposed rule.
A qualitative Regulatory Flexibility threshold analysis was
conducted to examine potential impacts to small entities. Based on the
cost/benefit analysis referred to above, that threshold analysis
concludes that, since no significant costs are anticipated for any
component of the proposed action, significant economic impacts would
not be imposed on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), SBREFA. This
rule:
a. Does not have an annual effect on the economy of $100 million or
more. Expenses related to compliance with various provisions of this
proposed rule are slight. No new user fees or charges are proposed. Any
incidental costs of registering, checking-in, or participating in
orientation programs would be small and often would not be additional
to those already associated with visiting park areas.
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 proposed provisions of this
rulemaking will generally continue existing rules and use patterns for
the park areas in Alaska. As noted above, new registration and
orientation requirements for some activities can be accomplished
generally at no additional cost to that currently incurred in visiting
park areas. Application costs associated with subsistence permits at
Cape Krusenstern National Monument and Kobuk Valley National Park will
be substantially reduced by the proposed changes in the subsistence
resident zones for those units.
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. The
various provisions of this proposed rule do not apply differently to
U.S.-based enterprises and foreign-based enterprises. The proposed
changes to the Glacier Bay commercial fishing regulations will have a
beneficial effect on local small businesses by making eligibility
criteria for commercial fishing lifetime access permits less
restrictive. It is expected that a small number of limited entry permit
holders may be able to qualify for commercial fishing in the park.
Unfunded Mandates Reform Act
This rulemaking addresses only actions that will be taken by the
NPS. It will not require any State, local or tribal government to take
any action that is not funded. In accordance with the Unfunded Mandates
Reform Act (2 U.S.C. 1501 et seq.):
[[Page 17362]]
a. This rule will not ``significantly or uniquely'' affect small
governments. A Small Government Agency Plan is not required. This rule
is an agency specific rule and imposes no other requirements on small
governments. Several of the proposed regulations are based on State of
Alaska statutes. For example, the proposed regulations involving
airstrip obstruction, backcountry camping and protection of dead,
standing wood are based on current State of Alaska law. This
consistency between the State of Alaska and the National Park Service
is a benefit to visitors.
b. This rule will not produce a federal mandate of $100 million or
greater in any year, i.e., it is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act.
Takings (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. A takings implication assessment is
not required because no taking of personal property will occur as a
result of this proposed rule. The proposed change in the Glacier Bay
commercial fishing regulations will slightly broaden commercial fishing
access and the regulatory flexibility analysis previously prepared for
those regulations remains applicable (see section 2 above).
Federalism (Executive Order 13132)
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. The proposed rule is limited in effect to
Federal lands and waters managed by the NPS and will not have a
substantial direct effect on State and local government in Alaska. This
proposed rule was initiated in part at the request of the State and has
been drafted in closed consultation with the State of Alaska and, as
such, promotes the principles of federalism.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the order. This rule does not impose a new burden on the judicial
system.
Paperwork Reduction Act
This regulation requires an information collection from 10 or more
parties, which must be submitted for OMB approval under the Paperwork
Reduction Act. However, these are not new collection requirements and,
therefore, no additional request to OMB has been prepared. The
information collection activities are necessary for the public to
obtain benefits in the form of concession contracts and special use
permits. Information collection associated with the award of concession
contracts is covered under OMB control number 1024-0125; the
information collection associated with the issuance of special use
permits is covered under OMB control number 1024-0026.
National Environmental Policy Act
We have analyzed this rule in accordance with the criteria of the
National Environmental Policy Act and 516 DM. This rule does not
constitute a major Federal action significantly affecting the quality
of the human environment. An environmental assessment and finding of no
significant impact for the Cape Krusenstern National Monument and Kobuk
Valley National Park resident zone proposals has been completed. The
remainder of the rule has been determined to be categorically excluded
from further NEPA analysis in accordance with Departmental Guidelines
in 516 DM 6 (49 FR 21438), and NPS procedures in Reference Manual-
12.3.4.A(8), and there are no applicable exceptions to categorical
exclusions (516 DM 2, Appendix 2; RM-12.3.5). Both are available at the
Alaska Regional Office, 240 5th Avenue, Anchorage, Alaska, 99501, 907-
644-3533.
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 various park consultation agreements with
tribal governments, the potential effects on federally-recognized
Indian tribes have been evaluated, and it has been determined at this
time that there are no potential effects.
While the consultation agreements noted above have not resulted in
findings of potential effects, a number of the proposed rules have been
included as a direct consequence of consultation. Among these are the
Glacier Bay National Park and Preserve proposals for the gathering of
shed goat hair for weaving and the collection of certain renewable
plant resources for traditional uses. Also influenced by consultation
are the Katmai National Park and Preserve redfish proposal and the Cape
Krusenstern National Monument and Kobuk Valley National Park
subsistence resident zone proposals. These various proposals are of
interest to local residents using these NPS areas and have been
facilitated by the relationships established through government-to-
government consultation. Finally, the initial determination of effect
noted here is dynamic and subject to change throughout this rulemaking
process due to the ongoing nature of government-to-government
consultation for the NPS areas in Alaska.
Clarity of This 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.) (5) Is the
description of the rule in the SUPPLEMENTARY INFORMATION section of the
preamble helpful in understanding the proposed rule? What else could we
do to make the rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
You may also e-mail the comments to this address: Exsec@ios.doi.gov.
Drafting Information: The principal contributors to this proposed
rule are: Vic Knox, Associate Regional Director; Chuck Young, Chief
Ranger, Glacier Bay National Park and Preserve; Hunter Sharp, Chief
Ranger, Wrangell-St. Elias National Park and Preserve; Lou Waller, Jay
Liggett, Jane Hendrick, Andee Hansen, Terry Humphrey, Joan Darnell,
Heather Rice, Thetus Smith, and Paul Hunter, Alaska Regional Office.
Public Comment Solicitation: If you wish to comment on this
proposed rule,
[[Page 17363]]
you may submit your comments by any one of several methods:
(1) You may mail comments to Regional Director, 240 West 5th Ave.,
Anchorage, Alaska 99501. Fax: (907) 644-3805.
(2) You may also e-mail comments via the Internet to
akro_regulations@nps.gov. Please include ``Attn: Part 13 Rules'' in the
subject line and your name and return address in the body of your
Internet e-mail message. Finally, you may hand deliver comments to
Regional Director, 240 West 5th Ave., Anchorage, Alaska 99501. Our
practice is to make comments, including names and addresses of
respondents, available for public review during regular business hours.
Individual respondents may request that we withhold their home address
from the rulemaking record, which we will honor to the extent allowable
by law. If you want us to withhold your name and/or address, you must
state this prominently at the beginning of your comment. We will not
consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
List of Subjects in 36 CFR Part 13
Alaska, National Parks, Reporting and recordkeeping requirements.
The Proposed Amendments to the Rule
For the reasons stated in the preamble, the National Park Service
proposes to amend 36 CFR part 13 as set forth below:
PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA
1. Revise the authority citation for part 13 as follows:
16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 13.65 also issued
under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197; Pub. L. 105-277, 112
Stat. 2681, October 21, 1998; Pub. L. 106-31, 113 Stat 57, May 21,
1999; Sec. 13.66(c) also issued under Sec. 1035, Pub. L. 104-333,
110 Stat. 4240.
2. Amend Sec. 13.1 by removing all alphabetical paragraph
designations and adding the following terms in alphabetical order:
Sec. 13.1 Definitions.
* * * * *
The term airstrip means visible, marked, or known aircraft landing
areas on the ground, snow, water, or any frozen surface. 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.
* * * * *
The term facility means buildings, structures, park roads as
defined by Sec. 1.4, parking lots, campgrounds, picnic areas, paved
trails, and maintenance support yards.
* * * * *
3. Revise Sec. 13.4 to read as follows:
Sec. 13.4 Information collection.
The information collection requirements contained in Sec. Sec.
13.17, 13.31, 13.44, 13.45, 13.49,13.51, and 13.65 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 collections associated with the award
of concession contracts are covered under OMB control number 1024-0125;
the information collections associated with the issuance of special use
permits are covered under OMB control number 1024-0026.
4-5. Add Sec. 13.10 to read as follows:
Sec. 13.10 Obstruction of airstrips.
(a) A person may not place an object on the surface of an airstrip
that, because of its nature or location, might cause injury or damage
to an aircraft or person riding in the aircraft.
(b) A person may not dig a hole or make any kind of excavation, or
drive a sled, tractor, truck, or any kind of vehicle upon an airstrip
that might make ruts, or tracks, or add to an accumulation of tracks so
as to endanger aircraft using the airstrip.
6. Revise Sec. 13.18 to read as follows:
Sec. 13.18 Camping and picnicking.
(a) Camping. (1) Camping is authorized in park areas except where
such use is prohibited or otherwise restricted by the Superintendent in
accordance with the provisions of Sec. 13.30, or as set forth for
specific park areas in subpart C of this part.
(2) Site time limits. Camping is authorized for 14 consecutive days
in one location. Camping is prohibited after 14 consecutive days in one
location unless the camp is moved at least two miles or unless
authorized by the Superintendent. All camps and associated equipment
must be relocated immediately if determined by the Superintendent to be
interfering with public access or other public interests or adversely
impacting park resources.
(3) Designated campgrounds. Except at designated campgrounds,
camping is prohibited on NPS facilities. The Superintendent may
establish restrictions, terms, and conditions for camping in designated
campgrounds. Violating restrictions, terms, and conditions is
prohibited.
(b) Picnicking. Picnicking is authorized in park areas except where
such activity is prohibited or otherwise restricted by the
Superintendent. The public will be notified by one or more of the
following methods:
(1) Signs posted at conspicuous locations, such as normal points of
entry or reasonable intervals along the boundary of the affected park
locale.
(2) Maps available in the office of the Superintendent and other
places convenient to the public.
(3) Publication in a newspaper of general circulation in the
affected area.
(4) Other appropriate methods, such as the use of electronic media,
including the internet, park brochures, maps and handouts.
7. Amend Sec. 13.19 as follows:
(a) Revise paragraphs (a) through (d);
(b) Redesignate (e) as (g);
(c) Add paragraphs (e) and (f), to read as follows:
Sec. 13.19 Weapons, traps and nets.
(a) Irritant chemical devices, including bear spray, may be
carried, possessed, and used in accordance with applicable Federal and
non-conflicting State laws, except when prohibited or restricted
pursuant to Sec. 13.30.
(b) Paragraphs (d) through (g) apply to all park areas in Alaska
except Klondike Gold Rush National Historical Park, Sitka National
Historical Park and the former Mt. McKinley National Park, Glacier Bay
National Monument and Katmai National Monument.
(c) Except as provided in this section and Sec. 2.4 of this
chapter, the following are prohibited:
(1) Possessing a weapon, trap, or net.
(2) Carrying a weapon, trap, or net
(3) Using a weapon, trap, or net.
(d) Firearms may be carried, possessed, and used within park areas
in accordance with applicable State and Federal laws, except where such
carrying, possession, or use is prohibited or otherwise restricted
pursuant to Sec. 13.30.
(e) Traps, bows and other implements (other than firearms)
authorized by applicable State and Federal law for the taking of fish
and wildlife may be carried, possessed, and used within park areas only
during those times when the taking of fish and wildlife is authorized
by applicable law or regulation.
(f) In addition to the authorities provided in paragraphs (d) and
(e) of this section, weapons (other than
[[Page 17364]]
firearms), traps and nets may be possessed within park areas provided
such weapons, traps or nets are within or upon a device or animal used
for transportation and are unloaded and cased or otherwise packed in
such a manner as to prevent their ready use while in a park area.
* * * * *
8. Amend Sec. 13.20 as follows:
(a) Revise paragraph (a);
(b) Redesignate paragraphs (b), (c), (d), and (e) as paragraphs
(c), (e), (f), and (g) respectively;
(c) Add new paragraphs (b) and (d); and
(d) Revise newly redesignated paragraphs (c)(4) and (f).
Sec. 13.20 Preservation of natural features.
(a) This section applies to all park areas in Alaska except
Klondike Gold Rush National Historical Park, Sitka National Historical
Park, the former Mt. McKinley National Park and the former Katmai
National Monument.
(b) Gathering or collecting natural products, including living or
dead fish and wildlife or parts or products thereof, plants or parts or
products thereof, live or dead wood, fungi, seashells, rocks, and
minerals is prohibited except as allowed by this section, Sec. 2.1 of
this chapter or part 13, subpart C.
(c) * * *
(4) Dead wood on the ground for use as fuel for campfires within
the park area.
(d) The Superintendent may authorize, with or without conditions,
the collection of dead standing wood in all or a portion of a park
area. Collecting dead or downed wood in a closed area is prohibited.
Collecting dead or downed wood in violation of terms and conditions is
prohibited.
* * * * *
(f) Closure and Notice. (1) The Superintendent may limit the size
and quantity of the natural products that may be gathered or possessed.
(2) Under conditions where it is found that significant adverse
impact on park resources, wildlife populations, subsistence uses, or
visitor enjoyment of resources will result, the Superintendent shall
prohibit the gathering or otherwise restrict the collecting of these
items. Portions of a park area in which closures or restrictions apply
shall be either published in at least one newspaper of general
circulation in the State and designated on a map which shall be
available for public inspection in the office of the Superintendent, or
designated by the posting of appropriate signs, or both.
* * * * *
9. In Sec. 13.21, add new paragraph (d)(5) to read as follows:
Sec. 13.21 Taking of fish and wildlife.
* * * * *
(d) * * *
(5) Persons transporting wildlife through park areas must identify
themselves and the location where the wildlife was taken when requested
by an NPS employee or other authorized person.
* * * * *
10. Amend Sec. 13.22 by revising paragraph (b) to read as follows:
Sec. 13.22 Unattended or abandoned property.
* * * * *
(b) Personal property. (1) Leaving personal property unattended
longer than 4 months is prohibited. A Special Use Permit may be
obtained from the Superintendent for unique or special circumstances
that require property to be left in place for more than 4 months. All
such requests must be made in writing to the Superintendent.
(2) All personal property must be labeled with the owner's name,
home address, telephone number, date that the property was left, and
the type of fuel if the property left contains fuel. Failure to label
in accordance with this section is prohibited.
(3) All property must be stored in such a manner that wildlife is
unable to access the contents. Storing property in a manner that
wildlife can access contents is prohibited.
(4) Leaving fuel in more than one location in a park unit or
leaving more than 30 gallons of fuel is prohibited unless authorized by
the Superintendent.
(5) Storing fuel within 100 feet of a water source, high water mark
of a body of water, or mean high tide is prohibited unless authorized
by the Superintendent. Fuel must be contained in an undamaged and
closed fuel container designed for fuel storage. Fueling from
containers must occur in such a manner that any spillage would be
prevented from coming into contact with water, soil, or vegetation.
(6) Leaving property unattended for longer than 24 hours on
facilities is prohibited unless authorized by the Superintendent.
(7) Property left in violation of any prohibition in this section
is subject to impoundment and, if abandoned, disposal or forfeiture.
* * * * *
11. Amend Sec. 13.30 as follows:
(a) Revise paragraphs (c) and (d);
(b) Redesignate paragraph (h) as (i);
(c) Add a new paragraph (h), to read as follows:
Sec. 13.30 Closure procedures.
* * * * *
(c) Emergency Closures. (1) Emergency closures or restrictions
relating to the taking of fish and wildlife shall be accomplished by
notice and hearing.
(2) Other emergency closures shall become effective upon notice as
prescribed in Sec. 13.30(f); and
(3) No emergency closure or restriction shall extend for a period
exceeding 30 days, nor may it be extended.
(d) Temporary closures or restrictions. (1) Temporary closures
shall be effective upon notice as prescribed in Sec. 13.30(f).
(2) Temporary closures or restrictions shall not extend for a
period exceeding 12 months and may not be extended.
* * * * *
(h) Facility closures and restrictions. The Superintendent may
close or restrict specific facilities for reasons of public health,
safety, and protection of public property for the duration of the
circumstance requiring the closure or restriction. Notice of facility
closures and restrictions will be available for inspection at the park
visitor center. Notice will also be posted near or within the facility,
published in a newspaper of general circulation in the affected
vicinity, or made available to the public by such other means as deemed
appropriate by the Superintendent. Violating facilities closures or
restrictions is prohibited.
* * * * *
12. Revise Sec. 13.46(e) to read as follows:
Sec. 13.46 Use of snowmobiles, motorboats, dog teams, and other means
of surface transportation traditionally employed by local rural
residents engaged in subsistence uses.
* * * * *
(e) At all times when not engaged in subsistence uses, local rural
residents may use snowmobiles, motorboats, dog teams, and other means
of surface transportation in accordance with 43 CFR 36.11(c), (d), (e),
and (g).
13. Amend Sec. 13.60 by adding a new paragraph (b) to read as
follows:
Sec. 13.60 Aniakchak National Monument and Preserve.
* * * * *
(b) Wildlife distance conditions. (1) Approaching a bear or any
large mammal within 50 yards is prohibited.
(2) Continuing to occupy a position within 50 yards of a bear that
is utilizing
[[Page 17365]]
a concentrated food source, including, but not limited to, animal
carcasses, spawning salmon, and other feeding areas is prohibited.
(3) The prohibitions do not apply to persons--
(i) Engaged in a legal hunt;
(ii) On a designated bear viewing structure;
(iii) In compliance with a written protocol approved by the
Superintendent; or
(iv) Who are otherwise directed by a park employee.
14. Revise Sec. 13.62(a) to read as follows:
Sec. 13.62 Cape Krusenstern National Monument.
(a) Subsistence Resident Zone. The following area is included
within the resident zone for Cape Krusenstern National Monument:
The NANA Region.
15. Amend Sec. 13.63 by revising paragraph (b) and adding
paragraphs (i), (j), and (k) to read as follows:
Sec. 13.63 Denali National Park and Preserve.
* * * * *
(b) Camping. Camping is allowed in accordance with the backcountry
management plan.
* * * * *
(i) Frontcountry Developed Area. For purposes of this section, the
Frontcountry Developed Area (FDA) includes all park areas within the
portion of the park formerly known as Mt. McKinley National Park (Old
Park) not designated as Wilderness by Congress. A map showing the FDA
is available at the park visitor center.
(1) Camping. (i) Camping in locations other than designated
campgrounds is prohibited. From April 15 through September 30, parties
camping at designated campgrounds must have a permit. Failure to obtain
a permit is prohibited. Violation of permit terms and conditions is
prohibited.
(ii) From April 15 through September 30, camping in designated
campgrounds for more than a total of 14 days, either in a single period
or combined periods, is prohibited. From October 1 through April 14,
camping in designated campgrounds for more than a total of 30 days,
either in a single period or combined periods is prohibited.
(2) Fires. In designated campgrounds, lighting or maintaining a
fire is prohibited except in established grates.
(3) Pets. Possessing a pet is prohibited in the following
locations: above the drinking water intake in the Rock Creek drainage;
in the Visitor Center near the park entrance; the Eielson Visitor
Center; and the Roadside Path between the park entrance area and park
headquarters; the Mount Healy Overlook Trail; the Savage River Loop
Trail; the Savage Rock Trail; the Savage Rest Area Loop Trail; the
Horseshoe Lake Trail; the Taiga Loop Trail; the Rock Creek Trail; the
Morino Trail; the Nenana River Trail; the Jonesville Bridge Trail; the
McKinley Station Trail; the McKinley Bar Trail; the Wonder Lake Inlet
Trail; the Blueberry Hill Trail; the Eielson Area Trails; and within
150 feet of the park sled dog kennel. A map of the designated trails
and road side path will be available for inspection at the park visitor
center.
(4) FDA closures and restrictions. The Superintendent may prohibit
or otherwise restrict activities in the FDA to protect public health,
safety, or park resources. Information on FDA closures and restrictions
will be available for inspection at the park visitor center. Violating
FDA closures or restrictions is prohibited.
(j) The use of a bicycle is prohibited on the following trails: the
Roadside Path; the Mount Healy Overlook Trail; the Visitor Center
Interpretative trails; the Savage River Loop Trail; the Savage Rock
Trail; the Savage Rest Area Loop Trail; the Savage Cabin Trail; the
Horseshoe Lake Trail; the Taiga Loop Trail; the Rock Creek Trail; the
Morino Trail; Triple Lakes Trail; the Nenana River Trail; the
Jonesville Bridge Trail; the McKinley Station Trail; the McKinley Bar
Trail; the Wonder Lake Inlet Trail; the Blueberry Hill Trail; all
campground trails; and the Eielson Area Trails. A map of the designated
trails and road side path will be available for inspection at the park
visitor center.
(k) The use of roller skates, skateboards, roller skis, in-line
skates, and other skating devices is prohibited on the Denali Park Road
and the following trails: the Roadside Path; the Mount Healy Overlook
Trail; the Visitor Center Interpretative trails; the Savage River Loop
Trail; the Savage Rock Trail; the Savage Rest Area Loop Trail; the
Savage Cabin Trail; the Horseshoe Lake Trail; the Taiga Loop Trail; the
Rock Creek Trail; the Morino Trail; Triple Lakes Trail; the Nenana
River Trail; the Jonesville Bridge Trail; the McKinley Station Trail;
the McKinley Bar Trail; the Wonder Lake Inlet Trail; the Blueberry Hill
Trail; all campground trails; and the Eielson Area Trails. A map of the
designated trails and roadside path will be available for inspection at
the park visitor center.
16. Amend Sec. 13.65 as follows:
(a) Revise paragraphs (a)(4)(ii), (a)(5)(ii), (a)(5)(iv), and
(a)(5)(v);
(b) Amend paragraph (b)(1) by adding a new definition for
``Bartlett Cove Developed Area'' in alphabetical order immediately
before the definition for ``Charter vessel'';
(c) Add new paragraphs (b)(3)(ix)(C)(1) through (7);
(d) remove paragraph (b)(7), to read as follows:
Sec. 13.65 Glacier Bay National Park and Preserve.
(a) * * *
(4) * * *
(ii) They have participated as a limited entry permit holder or
crewmember in the district or statistical area encompassing Glacier Bay
for each fishery for which a lifetime access permit is being sought.
(A) For the Glacier Bay commercial halibut fishery, the applicant
must have participated as a permit holder or crewmember for at least
two years during the period 1992-1998.
(B) For the Glacier Bay salmon or Tanner crab commercial fisheries,
the applicant must have participated as a permit holder or crewmember
for at least three years during the period 1989-1998.
(5) * * *
(ii) A notarized affidavit, sworn by the applicant, attesting to
his or her history of participation as a limited entry permit holder or
crewmember in Glacier Bay during the qualifying period for each fishery
for which a lifetime access permit is being sought;
(iii) * * *
(iv) For qualifying years as a limited entry permit holder, proof
of the applicant's permit and quota share history for the Glacier Bay
fishery during the qualifying period, and/or for qualifying years as a
crewmember, other available corroborating documentation of crewmember
status. This may include a copy of the applicant's commercial
crewmember license for each qualifying year, a notarized affidavit from
their employer (generally a limited entry permit holder, or boat owner
hired or contracted by a limited entry permit holder) stating the years
worked by the applicant in a qualifying fishery in Glacier Bay, copies
of tax forms W-2 or 1099, pay stubs, or other documentation;
(v) For applicants qualifying as a limited entry permit holder,
documentation of commercial landings for the Glacier Bay fishery during
the qualifying periods--i.e., within the statistical unit or area that
includes Glacier Bay. For halibut, this includes regulatory sub-area
184. For Tanner crab, this includes statistical areas 114-70 through
114-77. For salmon, the Superintendent may require additional
documentation that supports the
[[Page 17366]]
applicant's declaration of Glacier Bay salmon landings. For halibut and
Tanner crab, the Superintendent may consider documented commercial
landings from the unit or area immediately adjacent to Glacier Bay (in
Icy Strait) if additional documentation supports the applicant's
declaration that landings occurred in Glacier Bay.
(b) * * *
(1) * * *
The term Bartlett Cove Developed Area means all NPS-administered
lands and waters within 1 mile of any Bartlett Cove facility. A map
showing the Bartlett Cove Developed Area is available at the park
visitor center.
* * * * *
(3) * * *
(ix) * * *
(C) * * *
(1) Bartlett Cove Developed Area. (i) Camping is prohibited in the
Bartlett Cove Developed Area except in the Bartlett Cove Campground.
From May 1 through September 30, all overnight campers must register to
camp in the Bartlett Cove Campground. Failure to register is
prohibited.
(ii) Cooking, consuming, or preparing food in the Bartlett Cove
Campground is prohibited except in designated areas.
(iii) Food storage. In the Bartlett Cove Developed Area, storing
food in any manner except in a sealed motor vehicle, a vessel
(excluding kayaks), a building, an approved bear resistant food
container, a bear resistant trash receptacle, or a designated food
cache is prohibited.
(iv) Bicycles. The use of a bicycle is prohibited on the Forest
Loop, Bartlett River and Bartlett Lake trails.
(v) Bartlett Cove Developed Area closures and restrictions. The
Superintendent may prohibit or otherwise restrict activities in the
Bartlett Cove Developed Area to protect public health, safety, or park
resources, or to provide for the equitable and orderly use of park
facilities. Information on closures and restrictions will be available
at the park visitor information center. Violating Bartlett Cove
Developed Area closures or restrictions is prohibited.
(2) Bartlett Cove Public Use Dock. (i) Docking, tying down, or
securing aircraft is prohibited except at the designated aircraft float
at the Bartlett Cove Public Use Dock. Docking, tying down, or securing
aircraft to the Bartlett Cove Public Use Dock for longer than three
hours in a 24-hour period is prohibited. Pilots must remain with
aircraft or provide notice of their location to a park ranger. Failure
to remain with the aircraft or provide notice to a park ranger is
prohibited.
(ii) Vehicles exceeding 30,000 pounds gross vehicle weight are
prohibited on the dock, unless authorized by the Superintendent.
(iii) Leaving personal property (other than vessels) unattended on,
or attached to, the floats or pier without prior permission from the
Superintendent is prohibited.
(iv) Processing commercially caught fish on the Public Use Dock is
prohibited.
(v) Buying or selling of fish or fish products is prohibited on or
at the Public Use Dock without written permission from the
Superintendent.
(vi) Utilizing the fuel dock for activities other than fueling and
waste pump-out is prohibited.
(vii) Leaving a vessel unattended on the fuel dock for any length
of time is prohibited.
(viii) Using electrical shore power for vessels is prohibited
unless otherwise authorized by the Superintendent.
(3) Collection of interstadial wood. Collecting or burning
interstadial wood (aged wood preserved in glacial deposits) is
prohibited.
(4) Collection of rocks and minerals. Collecting rocks and minerals
in the former Glacier Bay National Monument is prohibited.
(5) Collection of goat hair. The collection of naturally shed goat
hair is authorized in accordance with terms and conditions established
by the Superintendent. Violating terms and conditions for collecting
goat hair is prohibited.
(6) Camping. From May 1 through September 30, all persons camping
within Glacier Bay as defined by this section up to \1/4\ nautical mile
(1519 feet) above the line of mean high tide must receive an NPS-
approved camping orientation. A camping orientation is required for
each visit. Failure to receive an NPS-approved camping orientation is
prohibited.
(7) Commercial transport of passengers by motor vehicles in
Bartlett Cove. Commercial transport of passengers between Bartlett Cove
and Gustavus by motor vehicles legally licensed to carry 15 passengers
or less is allowed without a permit. However, if required to protect
public health and safety or park resources, or to provide for the
equitable use of park facilities, the Superintendent may establish a
permit requirement with appropriate terms and conditions for the
transport of passengers.
* * * * *
17. In Sec. 13.66 add new paragraphs (c) through (f), to read as
follows:
Sec. 13.66 Katmai National Park and Preserve.
* * * * *
(c) Traditional red fish fishery. Local residents who are
descendants of Katmai residents who lived in the Naknek Lake and River
Drainage will be authorized, in accordance with State fishing
regulations or conditions established by the Superintendent, to
continue their traditional fishery for red fish (spawned-out sockeye
salmon that have no significant commercial value).
(d) Brooks Camp Developed Area. For purposes of this section, the
Brooks Camp Developed Area (BCDA) consists of all park areas within a
1.5 mile radius from the Brooks Falls Platform and is depicted on a map
available at the park visitor center. Paragraphs (d)(1) through (10) of
this section apply from May 1 through October 31 unless stated
otherwise.
(1) Camping. (i) Camping is prohibited in all areas of the BCDA
except within the Brooks Camp Campground and other designated areas.
(ii) Camping in Brooks Camp Campground for more than 7 total nights
during the month of July is prohibited.
(iii) Exceeding a group size limit of 6 persons per site in the
Brooks Camp Campground while in operation as a designated fee area is
prohibited.
(2) Visiting hours. The Falls and Riffles bear viewing platforms
and boardwalks are closed from 10 pm to 7 am during the period June 15
through August 15. Entering or going upon these platforms and
boardwalks during these hours is prohibited.
(3) Brooks Falls Area. The area within 50 yards of the ordinary
high water marks of the Brooks River from the Riffles Bear Viewing
Platform to a point 100 yards above Brooks Falls is closed to entry
from June 15 through August 15, unless authorized by the
Superintendent.
(4) Food storage. In the BCDA, all fish must be stored in
designated facilities and in accordance with conditions established by
the Superintendent. Storing fish in undesignated areas or not in
accordance with conditions is prohibited. Employees may store fish in
employee residences.
(5) Campfires. Campfires outside of pre-established, designated
fire rings are prohibited in the BCDA.
(6) Sanitation. Within the BCDA, washing dishes or cooking utensils
at locations other than the water spigot near the food cache in the
Brooks Campground or other designated areas is prohibited.
[[Page 17367]]
(7) Pets. Possessing a pet in the BCDA is prohibited.
(8) Bear Orientation. All persons visiting the BCDA must receive an
NPS approved Bear Orientation. Failure to receive an NPS approved Bear
Orientation is prohibited.
(9) Picnicking. Within the BCDA, picnicking in locations other than
the Brooks Camp Visitor Center picnic area, Brooks Campground, Brooks
Lake Picnic Area, and a site designated in the employee housing area is
prohibited. Food consumption or possession while at the Brooks River is
prohibited.
(10) Unattended Property. Leaving property, other than motorboats
and planes, unattended for any length of time within the BCDA is
prohibited, except at the Brooks Lodge Porch, Brooks Campground, or
designated equipment caches at the Brooks Camp Visitor Center.
(11) BCDA closures and restrictions. The Superintendent may
prohibit or otherwise restrict activities in the BCDA to protect public
health and safety or park resources. Information on BCDA closures and
restrictions will be available for inspection at the park visitor
center. Violating BCDA closures or restrictions is prohibited.
(e) Wildlife distance conditions. (1) Approaching a bear or any
large mammal within 50 yards is prohibited.
(2) Continuing to occupy a position within 50 yards of a bear that
is utilizing a concentrated food source, including, but not limited to,
animal carcasses, spawning salmon, and other feeding areas is
prohibited.
(3) The prohibitions do not apply to persons--
(i) Engaged in a legal hunt;
(ii) On a designated bear viewing structure;
(iii) In compliance with a written protocol approved by the
Superintendent; or
(iv) Who are otherwise directed by a park employee.
(f) Lake Camp. Leaving a boat, trailer, or vehicle unattended for
more than 48 hours at the facilities associated with the Lake Camp
launching ramp is prohibited without authorization from the
Superintendent. Leaving a boat unattended at the Lake Camp dock is
prohibited.
18. In Sec. 13.67 add new paragraphs (b) and (c), to read as
follows:
Sec. 13.67 Kenai Fjords National Park.
* * * * *
(b) Exit Glacier. (1) Except for areas designated by the
Superintendent, climbing or walking on, in, or under Exit Glacier is
prohibited within \1/2\ mile of the glacial terminus from May 1 through
October 31, and during other periods as determined by the
Superintendent. Restrictions and exceptions will be available for
inspection at the park visitor center, on bulletin boards or signs, or
by other appropriate means.
(2) Entering an ice fall hazard zone is prohibited. These zones
will be designated with signs, fences, rope barriers, or similar
devices.
(c) Public Use Cabins. (1) Camping within 500 feet of the North Arm
or Holgate public use cabin is prohibited except by the cabin permit
holder on a designated tent site, or as otherwise authorized by the
Superintendent.
(2) Camping within the five acre National Park Service leased
parcel surrounding the Aialik public use cabin is prohibited except by
the cabin permit holder on a designated tent site, or as otherwise
authorized by the Superintendent.
(3) Building or maintaining a fire within 500 feet of the North Arm
or Holgate public use cabins is prohibited except by the cabin permit
holder in NPS provided campfire rings, or as otherwise authorized by
the Superintendent.
(4) Building or maintaining a fire within the 5 acre National Park
Service leased parcel surrounding the Aialik public use cabin is
prohibited except by the cabin permit holder in NPS provided campfire
rings, or as otherwise authorized by the Superintendent.
19. Revise Sec. 13.68 to read as follows:
Sec. 13.68 Klondike Gold Rush National Historical Park.
(a) Camping. (1) Camping is permitted only in designated areas.
(2) Camping without a permit is prohibited. The Superintendent may
establish permit terms and conditions; failure to comply with permit
terms and conditions is prohibited.
(3) Dyea campground. Camping at Dyea campground more than 14 days
in a calendar year is prohibited.
(b) Preservation of natural, cultural, and archaeological
resources. The Superintendent may designate the gathering of mushrooms
in accordance with the procedures set forth in Sec. 2.1(c) of this
chapter.
(c) The National Park Service administers certain State-owned lands
and waters within the boundary of Klondike Gold Rush National
Historical Park pursuant to a memorandum of understanding with the
State of Alaska. The prohibition on carrying, possession, and use of
weapons, traps, and nets in this chapter does not apply to the lawful
taking of wildlife on these State-owned lands and waters.
20. In Sec. 13.69 revise paragraph (a)(1) to read as follows:
Sec. 13.69 Kobuk Valley National Park.
(a) Subsistence--(1) Resident Zone. The following area is included
within the resident zone for Kobuk Valley National Park: The NANA
Region.
* * * * *
21. Revise Sec. 13.72 to read as follows:
Sec. 13.72 Sitka National Historical Park.
(a) Prohibited Activities. The following activities are prohibited
in Sitka National Historical Park:
(1) Overnight camping.
(2) Riding a bicycle, except in the public parking areas and on
routes designated by the Superintendent. Routes may only be designated
for bicycle use based on a written determination that such use is
consistent with the purposes for which the park was established.
(3) The use of roller skates, skateboards, roller skis, in-line
skates, and other skating devices.
22. In Sec. 13.73 add paragraphs (b) through (e), to read as
follows:
Sec. 13.73 Wrangell-St. Elias National Park and Preserve.
* * * * *
(b) Kennecott Mines National Historic Landmark (KNHL). A map
showing the boundaries of the KNHL is available at the park visitor
center. The following activities are prohibited within the KNHL:
(1) Entering closed structures or passing beyond barricades.
(2) Entering mine tunnels and other mine openings.
(3) Camping in or on any historic structure.
(4) Camping within the mill site of the KNHL. The mill site
consists of the collection of buildings clustered around the mill
building on both sides of National Creek. For purposes of this section,
the mill site is the area bounded by Bonanza Creek to the north, the
Kennecott Glacier to the west, the 2,200 foot contour line to the east,
and Sweet Creek to the south. The mill site is depicted on a map
available at the park visitor center.
(5) Lighting or maintaining a fire within the mill site as defined
in paragraph (b)(4) of this section.
(c) Headquarters/Visitor Center Developed Area (HVCDA). For
purposes of this paragraph, the HVCDA consists of all park areas within
a \1/2\ mile radius of the Wrangell-St. Elias National Park and
Preserve Headquarters building, other than the Valdez Trail. The
following activities are prohibited within the HVCDA:
[[Page 17368]]
(1) Lighting or maintaining a fire.
(2) Camping.
(3) Entering the area after visiting hours. Visiting hours will be
posted at the entrance gate.
(d) Slana Developed Area (SDA). For purposes of this section, the
Slana Developed Area consists of all park areas within a \1/4\ mile
radius of the Slana Ranger Station.
(e) KNHL and developed area closures and restrictions. The
Superintendent may prohibit or otherwise restrict activities in the
KNHL, Headquarter/Visitor Center Developed Area, and Slana Developed
Area to protect public health and safety or park resources. Information
on closures and restrictions will be available at the park visitor
center. Violating such closures or restrictions is prohibited.
Notwithstanding the provisions of this section, the Superintendent may
issue a Special Use Permit to authorize uses in the KNHL and either
developed area.
Dated: March 17, 2004.
Paul Hoffman,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-7131 Filed 4-1-04; 8:45 am]