[Federal Register: January 17, 2008 (Volume 73, Number 12)]
[Rules and Regulations]
[Page 3181-3187]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja08-2]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 13
RIN 1024-AD38
National Park System Units in Alaska
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule revises the special regulations for the NPS-
administered areas in Alaska to update provisions governing subsistence
use of timber, river management, ORV use, fishing, and camping. The
revision also updates definitions, prohibits pets in certain areas, and
establishes wildlife viewing distances in several park areas.
DATES: This rule is effective on February 19, 2008.
FOR FURTHER INFORMATION CONTACT: National Park Service, Victor Knox,
Deputy 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
On December 27, 2006, the NPS published in the Federal Register
proposed revised special regulations for the NPS-administered areas in
Alaska. 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. It is the policy of the NPS to review these provisions on
a regular basis for possible addition to the general and special park
regulations in part 13. The provisions in this final rule are additions
or changes to individual park regulations in part 13, subparts H-W.
Where these provisions have applicability to several or all Alaska
[[Page 3182]]
park areas, they generally are included as additions to part 13,
subparts A-F.
Most of the following regulations have resulted from the current
review of compendium provisions. Additionally, several changes to the
part 13 regulations unrelated to the compendium review are included as
indicated. We are consolidating all routine changes in a single
rulemaking document for administrative efficiency and the convenience
of the public. Comments received and the corresponding NPS response are
summarized below. Modifications to the proposed rule are listed under
Changes to the Final Rule. As used within this document, the terms
``we,'' ``our,'' and ``us'' refer to the National Park Service.
Summary of Comments
The proposed rule was published for public comment on December 27,
2006 (71 FR 77657), with the comment period lasting until February 26,
2007. The National Park Service received 12 timely written responses.
All of the responses were either separate letters or e-mail messages.
Of the 12 written responses, one was from the State of Alaska, five
were from non-governmental organizations (including one consolidated
response from seven signatory groups), and six were submitted by
individuals. Many proposed changes either received supporting comments
or no comments. These sections are being adopted as proposed unless
noted otherwise below. The proposed sections that did receive
substantive comments are discussed below.
General Comments
1. The NPS received two comments critical of the public notice
provided for the proposed rule. One of the two also objected to the
timing of the Federal Register notice during the holiday season, and
the other said the 60-day comment period was too short.
NPS Response: One of the commenters appears to have confused this
rulemaking with another NPS initiative to prepare a users' guide for
inholder access. This rulemaking does not change the current rules
applicable to inholder access. Concerning the timing of public notice
and the length of the comment period, publication in the Federal
Register with a 60-day comment period is standard. In situations where
the standard comment period appears insufficient, it can be extended.
However, the number and range of comments received for this rulemaking
indicates that the notice and comment period resulted in sufficient
public involvement.
Section 13.1 Definitions
2. The NPS received five comments opposing the removal of the
definition for the term ``adequate and feasible'' from Part 13.
NPS Response: The commenters opposing the removal of this phrase
mistakenly believe that inclusion of the term in Part 13 has a
substantive effect regarding access to inholdings in NPS areas. The
term ``adequate and feasible'' is no longer used in the NPS Part 13
regulations and, consequently, does not have any effect on managing
access to inholdings. The Department of the Interior moved the
regulations for access to inholdings from the NPS regulations to
Departmental multi-agency regulations at 43 CFR 36.10 in 1986. A
slightly revised definition for ``adequate and feasible'' was adopted
by the Department at that time as 43 CFR 36.10(a)(1). It is this
definition as used in the Departmental regulations that applies to
access to inholdings in Alaska park areas. The NPS definition was
inadvertently left in Part 13 in 1986 when the other regulations were
removed. The current proposal to remove it from Part 13 is a
nonsubstantive administrative correction of this omission.
Specific Comments
Section 13.485 Subsistence Use of Timber and Plant Material
3. The NPS received six comments concerning this section. One
commenter asserted that use of timber for a house should be a one-time-
only authorization. Two commenters, an individual and a corporation,
supported the change to allow cutting dead timber for house logs. The
individual's support was qualified by a need for NPS management
oversight of harvest levels. Three commenters (a single comment plus a
joint comment by two individuals) felt that deletion of the word
``live'' in section (a) for cutting timber will create confusion
concerning the section (b) allowance for gathering dead timber for
firewood without a permit. Also, the joint comment suggested that the
word change in section (b) suggests a possible intent to charge a fee
or possibly to eliminate subsistence use of timber. As an alternative
to deleting ``live'' in section (a), the joint comment proposed
deleting ``for firewood'' in section (b) to achieve the same result.
Finally, the joint comment urged retention of the definition of
``temporarily'' and suggested that the proposed change in section (c)
makes the section less clear and may be a pretext to permanent closure
of some areas to subsistence use of timber. A residents' group
commented that the proposed change in section (a) to read, ``Unless
otherwise provided'', will cause section (b) to supersede section (a),
while the proposed deletion of the word ``live'' in section (a)
suggests that section (a) is intended to have some application to
section (b) gathering of firewood. The group also stated that the
proposed changes will cause confusion about the relationship between
the general timber gathering provisions of section 13.35 and the
proposed changes for subsistence in section 13.485. Finally, the
residents' group opposed the broader management discretion proposed for
temporary closures in section (c).
NPS Response: The NPS does not agree that the cutting of timber for
house logs should be limited to one-time use. Circumstances could arise
where additional house logs would be needed. The current NPS timber
cutting and gathering regulations and the proposed changes are focused
on allowing customary and traditional use with an appropriate level of
oversight to protect park unit purposes and values. NPS has no intent
to eliminate or charge a fee for subsistence use of timber.
We appreciate the concern regarding the distinction between section
(a) timber cutting and section (b) timber gathering. While the
suggestion to delete the firewood limitation in section (b) rather than
``live'' in section (a) would achieve some of the same results, we
believe the value of maintaining the current distinction between
cutting and gathering is a more important consideration.
The comment opposing the deletion of the definition of
``temporarily'' in subsection (c) brought to light an unintended change
to this section. The intended change was only to the introductory text
of paragraph (c), not to paragraph (c)(1). The definition of
``temporarily'' was not intended to be proposed for change and will be
retained.
The NPS does not intend to permanently close areas to subsistence
use of timber and plant materials as suggested by several comments. The
expanded description of circumstances in which temporary closures might
be considered is intended to clarify the parameters of the management
options in section (c). Modifying subsection (c) as proposed will allow
managers additional flexibility to protect park unit resources while
allowing subsistence uses of timber and plant material.
Finally, we note that the proposed change in the introductory
sentence of section (a), ``Unless otherwise provided
[[Page 3183]]
for in this section'', was intended as an administrative clarification
that would not change the meaning of the sentence. It is now apparent,
as suggested by several comments, that the proposal would change the
meaning of the sentence. For that reason, this change will not be
adopted and the original text, ``Notwithstanding any other provision of
this part'', will remain unchanged.
Sections 13.1008, 13.1118, 13.1604, and 13.1912 Solid Waste Disposal
4. The NPS received eight comments on this proposed change, seven
of which were supportive. One commenter opposed allowing solid waste
disposal sites to be located less than a mile from visitor campgrounds,
centers, or similar sites. Two commenters requested the NPS clarify
that landowners remain free to dispose of solid waste on private lands
within the park. The State of Alaska suggested the exceptions be
extended to all park units in Alaska.
NPS Response: In many areas in Alaska, it would not be practical or
possible to locate sites more than one mile from certain visitor
facilities for environmental, economic, or other reasons. Therefore,
the NPS is making a limited exception to this provision so long as it
would not degrade park resources. Regarding disposal of solid waste on
private property, landowners remain free to dispose of solid waste on
their own private property within park boundaries in compliance with
other State and Federal regulations. The NPS proposed this provision in
part to provide an alternative to landowners disposing of waste on
their property and combat unlawful dumping on park lands. The
regulation was not extended to all park areas in Alaska because it is
not anticipated to be necessary in the foreseeable future.
Sections 13.920, 13.1106, and 13.1206 Wildlife Distance Conditions
5. The NPS received four comments on these provisions, of which two
were critical. One comment called the conditions difficult to assess
and enforce. The other comment recommended a 250-yard limit requirement
rather than 50 yards.
NPS Response: The NPS appreciates the comment regarding assessing
and enforcing the distance requirements; however, these distance
conditions are necessary to mitigate the impacts associated with human
activity in close proximity to wildlife while accommodating park
visitors in these park areas. With respect to the proposal on engaging
in photography within 50 yards of a bear in Katmai, Aniakchak, and
Alagnak, the NPS has determined that additional time is needed to
consider this proposal and it has therefore been removed from this
final rule.
Sections 13.1106 and 13.1310 Pets
6. The NPS received one comment on the pet restrictions in Kenai
Fjords and Glacier Bay. While generally supportive, the commenter
recommended more areas for closure and, with respect to Kenai Fjords,
that the closure be extended to year round.
NPS Response: While the NPS appreciates the support for these
provisions, the NPS does not believe further closures are necessary at
this point to protect park resources.
Section 13.1109 Off-Road Vehicle Use in Glacier Bay National Preserve
7. The NPS received one comment in support of the proposed
regulation.
NPS Response: The NPS appreciates the support. Significant
expansion of the trail network and resource impacts have required that
ORV use in Glacier Bay National Preserve be limited to designated
locations. This restriction complies with the criteria in ANILCA
section 205 and implementing regulations at 36 CFR 13.40(c). This
regulation applies to individuals using ORVs for commercial fishing as
well as for subsistence, recreation, and other purposes.
Section 13.1210 Firearms
8. The NPS received one comment in support of this provision and
further stating that firearms should be allowed in all Alaskan parks
for personal protection from big game.
NPS Response: The NPS appreciates the support for this provision.
Expanding the authorization, however, to carry loaded firearms in the
remaining Alaska park areas where it is prohibited is not currently
warranted.
Section 13.1304 Harding Icefield Trail
9. The NPS received one comment from the State of Alaska on this
provision. The State questioned whether NPS really intended to make the
closure year round, whereas the current compendium closure is only
applicable in the summer.
NPS Response: The NPS appreciates the comment. This oversight has
been corrected.
Section 13.1324 Bicycles
10. The NPS received one comment on bicycle use in Kenai Fjords.
One commenter stated that the provision is not necessary because these
areas are already closed to bicycle use.
NPS Response: The NPS appreciates the confusion between the
applicability of the NPS general regulations and Alaska-specific
provisions. For this reason, the NPS is delineating specific areas
within the Exit Glacier Developed Area where bicycles are allowed and
where they are prohibited.
Section 13.1326 Snowmachines
11. The NPS received one comment on the proposed snowmachine
regulation for Kenai Fjords. While the commenter agreed with the end
result of the provision, the commenter requested that the NPS clarify
that the regulation does not infer that recreational snowmachining is
authorized under ANILCA section 1110(a).
NPS Response: We appreciate the confusion between the applicability
of the NPS general regulations and NPS regulations specific to Alaska.
Nationwide NPS regulations in 36 CFR part 2 prohibit the use of
snowmachines except on designated routes and water surfaces that are
used by motor vehicles or motorboats during other seasons. The
regulations further direct that routes and water surfaces designated
for snowmachine use be promulgated as special regulations. In Alaska,
snowmachines are also allowed for traditional activities and for travel
to and from villages and homesites under ANILCA section 1110(a). This
provision does not address whether recreational snowmachining is or is
not a traditional activity under section 1110(a) in Kenai Fjords. While
recreational use of snowmachines is not a traditional activity in the
former Mt. McKinley National Park pursuant to 36 CFR 13.950, this term
has not been defined for Kenai Fjords. When other Alaska parks begin
the process of identifying traditional activities, the NPS will look to
the circumstances specific to each park area. To address public safety
concerns and visitor conflicts in the Exit Glacier Developed Area
(EGDA), the NPS is delineating specific areas within the EGDA where
snowmachines may be operated and where they are prohibited.
Changes to the Final Rule
Based on the preceding comments and responses, the NPS has made the
following changes to the proposed rule language:
Subpart P, 13.1304 Exit Glacier Developed Area. For
clarity the NPS is reorganizing Sec. 13.1304. This change will make
Subpart P easier to use by introducing new sections and eliminating the
levels of subdivision in Sec. 13.1304.
13.550, 13.604, and 13.1206 Wildlife Distance Conditions.
The NPS
[[Page 3184]]
has decided to drop the requirement that individuals cease engaging in
photography within 50 yards of a bear. The NPS is still considering
this provision for future regulation, but needs more time to evaluate
it.
13.485 Subsistence Use of Timber and Plant Material. The
proposed language ``Unless otherwise provided'' in paragraphs (a) and
(c) has been changed back to ``Notwithstanding any other provision of
this part.'' The NPS is also correcting an unintended change to
subsection (c)(1). The proposed change was meant to be in the
introductory text of paragraph (c) rather than replacing (c)(1).
13.1109 Off-Road Vehicle Use in Glacier Bay National
Preserve. The proposed regulation referred to this area as the Dry Bay
area. Because this is not a defined term, it has been changed to
Glacier Bay National Preserve. This change is not considered
substantive as it is intended to refer to the same area, but only in a
more exact way.
13.1308 Harding Icefield Trail. The proposed language has
been changed to limit the trailside camping closure from March 1
through November 1, consistent with the 2007 compendium.
13.1604 Solid Waste Disposal. Paragraph (c) was changed
and paragraph (d) was added to be consistent with section 13.1912
applicable to Wrangell-St. Elias National Park and Preserve.
Compliance With Other Laws
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and has not been reviewed
by the Office of Management and Budget under Executive Order 12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. A qualitative cost/benefit analysis was conducted to
examine specific costs and benefits associated with the proposed rule.
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. 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. This is an
agency-specific rule that will not interfere with other agencies or
local government plans, policies, or controls. The proposals included
with this rulemaking apply to areas managed by the National Park
Service and do not conflict with other federal regulations. Several
proposals are specifically intended to improve consistency between
State and NPS areas. The review process used to develop the rulemaking
proposals included consultation with the State of Alaska to seek views
of appropriate officials and to provide consistency 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. No grants or other forms of monetary supplements are
involved.
(4) This rule does not raise novel legal or policy issues. This
rule implements existing legislative enactments, judicial
interpretations, and regulatory provisions. It is not a completely new
proposal, but rather a continuation of the rulemaking process begun in
1980 to promulgate only those regulations necessary to interpret the
law and to provide for the health and safety of the public and the
environment. This process 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 rule will not
have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.).
The economic effects of this rule are local in nature and positive or
negligible in scope. This rule either implements rules unrelated to
business activity or makes permanent various temporary and emergency
rules under which area businesses have been operating. This rule will
have no effect or in some cases a salutary effect by eliminating year
to year uncertainty for park visitors.
A qualitative Regulatory Flexibility threshold analysis was
conducted to examine potential impacts to small entities. The analysis
concludes that, since no significant costs are anticipated for any
component of the rule, significant economic impacts would not be
imposed on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. 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 from this rule would be small and generally 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 provisions of this rule will
generally continue existing rules and use patterns for the park areas
in Alaska.
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 rule do not apply differently to U.S.-based
enterprises and foreign-based enterprises.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501,
et seq.):
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 provisions are based on State of Alaska
statutes. 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 implications assessment is
not required because no taking of property will occur as a result of
this final rule.
Federalism (Executive Order 13132)
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. The rule is limited in effect to federal lands
and waters administered by the NPS and does not have a substantial
[[Page 3185]]
direct effect on state and local government in Alaska. The rule was
initiated in part at the request of the State of Alaska and was
developed in close 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.
Paperwork Reduction Act
This regulation does not require an information collection under
the Paperwork Reduction Act.
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. The rule has generally 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, other than as noted below, there
are no applicable exceptions to categorical exclusions (516 DM 2,
Appendix 2; RM-12.3.5). A categorical exclusion does not apply to the
special regulation (Sec. 13.1109) designating off-road vehicle routes
at Glacier Bay National Preserve, for which an environmental assessment
has been prepared. The categorical exclusion and environmental
assessment, are available at the Alaska Regional Office, 240 West 5th
Avenue, Anchorage, Alaska, 99501, 907-644-3533 or can be viewed at
http://parkplanning.nps.gov/projectHome.cfm?parkId=12&projectId=15909.
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 that
there are no potential effects.
While the consultation agreements noted above have not resulted in
findings of potential effects, review of this rule has been facilitated
by the relationships established through government-to-government
consultation.
Drafting Information: The principal contributors to this rule are:
Jim Ireland, Kenai Fjords National Park; Vic Knox, Jay Liggett, Chuck
Passek, Jane Hendrick, Andee Sears and Paul Hunter, Alaska Regional
Office; and Jerry Case, Regulations Program Manager, NPS, Washington,
DC.
List of Subjects in 36 CFR Part 13
Alaska, National Parks, Reporting and recordkeeping requirements.
0
In consideration of the foregoing, 36 CFR part 13 is amended as set
forth below:
PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA
0
1. The authority citation for part 13 is revised to read as follows:
Authority: 16 U.S.C. 1, 3, 462(k), 3101, et seq.; Subpart N also
issued under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197; Pub. L. 105-
277, 112 Stat. 2681-259, October 21, 1998; Pub. L. 106-31, 113 Stat.
72, May 21, 1999; Sec. 13.1204 also issued under Sec. 1035, Pub. L.
104-333, 110 Stat. 4240.
Sec. 13.1 [Amended]
0
2. Amend Sec. 13.1 as follows:
0
a. Remove the definition of ``adequate and feasible access''; and
0
b. In the definition of ``National Preserve,'' remove the term
``Alagnak National Wild and Scenic River'' and add in its place the
term ``Alagnak Wild River.''
Sec. 13.440 [Amended]
0
3. Amend Sec. 13.440 by removing paragraph (b) and redesignate
paragraph (c) as (b).
0
4. Amend Sec. 13.485 by revising paragraph (a) and the introductory
text of paragraph (c), to read as follows:
Sec. 13.485 Subsistence use of timber and plant material
(a) Notwithstanding any other provision of this part, the non-
commercial cutting of standing timber by local rural residents for
appropriate subsistence uses, such as firewood or house logs, may be
permitted in park areas where subsistence uses are allowed as follows:
(1) For standing timber of diameter greater than three inches at
ground height, the Superintendent may permit cutting in accordance with
the specifications of a permit if such cutting is determined to be
compatible with the purposes for which the park area was established;
and
(2) For standing timber of diameter less than three inches at
ground height, cutting is authorized unless restricted by the
Superintendent.
* * * * *
(c) Notwithstanding any other provision of this part, the
Superintendent, after notice and public hearing in the affected
vicinity and other locations as appropriate, may temporarily close all
or any portion of a park area to subsistence uses of a particular plant
population. The Superintendent may make a closure under this paragraph
only if necessary for reasons of public safety, administration,
resource protection, protection of historic or scientific values,
conservation of endangered or threatened species, or the purposes for
which the park area was established, or to ensure the continued
viability of the plant population. For purposes of this section, the
term ``temporarily'' shall mean only so long as reasonably necessary to
achieve the purposes of the closure.
* * * * *
0
5. Add a new subpart H (consisting of Sec. 13.550) to read as follows:
Subpart H--Special Regulations--Alagnak Wild River
Sec. 13.550 Wildlife distance conditions
(a) Approaching a bear or any large mammal within 50 yards is
prohibited.
(b) Continuing to occupy a position within 50 yards of a bear that
is using a concentrated food source, including, but not limited to,
animal carcasses, spawning salmon, and other feeding areas is
prohibited.
(c) Continuing to engage in fishing within 50 yards of a bear is
prohibited.
(d) The prohibitions in this section do not apply to persons--
(1) Engaged in a legal hunt;
(2) On a designated bear viewing structure;
(3) In compliance with a written protocol approved by the
Superintendent; or
(4) Who are otherwise directed by a park employee.
0
6. Amend Sec. 13.604 by redesignating paragraph (c) as paragraph (d)
and adding new paragraph (c) to read as follows:
[[Page 3186]]
Sec. 13.604 Wildlife distance conditions
* * * * *
(c) Continuing to engage in fishing within 50 yards of a bear is
prohibited.
* * * * *
0
7. Add Sec. Sec. 13.918 and 13.920 in subpart L to read as follows:
Sec. 13.918 Sable Pass Wildlife Viewing Area
(a) Entry into the Sable Pass Wildlife Viewing Area is prohibited
from May 1 to September 30 unless authorized by the Superintendent.
(b) The Sable Pass Wildlife Viewing Area means the area within one
mile of the shoulder of the Park Road between Mile 38.2 and Mile 42.8,
excluding the Tattler Creek drainage. A map showing the specific
boundaries of the closure is available for inspection at the park
visitor center.
Sec. 13.920 Wildlife distance conditions
(a) Bears. The following are prohibited:
(1) Approaching within 300 yards of a bear; or
(2) Engaging in photography within 300 yards of a bear.
(b) Other wildlife. The following are prohibited:
(1) Approaching within 25 yards of a moose, caribou, Dall sheep,
wolf, an active raptor nest, or occupied den site; or
(2) Engaging in photography within 25 yards of a moose, caribou,
Dall sheep, wolf, an active raptor nest, or occupied den site.
(c) Prohibitions. The prohibitions in this section do not apply to
persons--
(1) Within a motor vehicle or a hard sided building;
(2) Within 2 yards of their motor vehicle or entrance to a hard
sided building that is 25 yards or more from a bear;
(3) Engaged in legal hunting or trapping activities;
(4) In compliance with a written protocol approved by the
Superintendent;
(5) Who are otherwise directed by a park employee; or
(6) In accordance with a permit from the Superintendent.
0
8. Add Sec. 13.1008 in subpart M to read as follows:
Sec. 13.1008 Solid waste disposal.
(a) A solid waste disposal site may accept non-National Park
Service solid waste generated within the boundaries of the park area.
(b) A solid waste disposal site may be located within one mile of
facilities as defined by this part so long as it does not degrade
natural or cultural resources of the park area.
0
9. Add Sec. 13.1106 to read as follows:
Sec. 13.1106 Pets.
Pets are prohibited except--
(a) On the Bartlett Cove Public Use Dock;
(b) On the beach between the Bartlett Cove Public Use Dock and the
National Park Service Administrative Dock;
(c) Within 100 feet of Bartlett Cove Developed Area park roads or
parking areas unless otherwise posted;
(d) On a vessel on the water; or
(e) Within Glacier Bay National Preserve.
0
10. Add Sec. 13.1108 to read as follows:
Sec. 13.1108 Alsek Corridor.
(a) A permit is required to enter the Alsek Corridor. A map showing
the boundaries of the Alsek Corridor is available from the park visitor
center. Failure to obtain a permit is prohibited.
(b) Group size is limited to 15 persons except that specific
concession permit holders are limited to 25 persons.
(c) Camping is prohibited for more than one night each at Walker
Glacier, Alsek Spit and Gateway Knob plus one additional night at any
one of these three locations. Camping is prohibited for more than four
nights total among the three locations.
(d) Except at Glacier Bay National Preserve, campfires must be
lighted and maintained inside a fire pan within \1/2\ mile of the Alsek
River.
(e) Disposal of solid human body waste within the Alsek Corridor is
prohibited. This waste must be carried to and disposed of at the NPS--
designated facility.
0
11. Add Sec. 13.1109 to read as follows:
Sec. 13.1109 Off-road vehicle use in Glacier Bay National Preserve.
The use of off-road vehicles is authorized only on designated
routes and areas in Glacier Bay National Preserve. The use of off-road
vehicles in all other areas in Glacier Bay National Preserve is
prohibited. A map of designated routes and areas is available at park
headquarters.
0
12. Add Sec. 13.1118 to read as follows:
Sec. 13.1118 Solid waste disposal.
(a) A solid waste disposal site may accept non-National Park
Service solid waste generated within the boundaries of the park area.
(b) A solid waste disposal site may be located within one mile of
facilities as defined by this part so long as it does not degrade
natural or cultural resources of the park area.
0
13. Amend Sec. 13.1206 by redesignating paragraph (c) as paragraph (d)
and adding a new paragraph (c) to read as follows:
Sec. 13.1206 Wildlife distance conditions.
(c) Continuing to engage in fishing within 50 yards of a bear is
prohibited.
* * * * *
0
14. Add Sec. 13.1210 to read as follows:
Sec. 13.1210 Firearms.
The superintendent may designate areas or routes within Katmai
National Park where a firearm may be carried.
* * * * *
0
15. Revise subpart P to read as follows:
Subpart P--Special Regulations--Kenai Fjords National Park
General Provisions
Sec.
13.1302 Subsistence.
13.1304 Ice fall hazard zones.
13.1306 Public use cabins.
13.1308 Harding Icefield Trail.
13.1310 Pets.
13.1312 Climbing and walking on Exit Glacier.
13.1316 Commercial transport of passengers by motor vehicles.
Exit Glacier Development Area (EGDA)
13.1318 Location of the EGDA.
13.1320 Camping.
13.1322 Food storage.
13.1324 Bicycles.
13.1326 Snowmachines.
13.1328 EGDA closures and restrictions.
General Provisions
Sec. 13.1302 Subsistence.
Subsistence uses are prohibited in, and the provisions of Subpart F
of this part shall not apply to, Kenai Fjords National Park.
Sec. 13.1304 Ice fall hazard zones.
Entering an ice fall hazard zone is prohibited. These zones will be
designated with signs, fences, rope barriers, or similar devices.
Sec. 13.1306 Public use cabins.
(a) 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.
(b) Camping within the 5-acre NPS-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.
(c) Lighting 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 established receptacles, or as otherwise authorized by
the Superintendent.
[[Page 3187]]
Sec. 13.1308 Harding Icefield Trail.
The Harding Icefield Trail from the junction with the main paved
trail near Exit Glacier to the emergency hut near the terminus is
closed to--
(a) Camping within \1/8\ mile of the trail from March 1 through
November 1; and
(b) Bicycles or other wheeled devices.
Sec. 13.1310 Pets.
(a) Pets are prohibited--
(1) In the Exit Glacier Developed Area except in the parking lot,
on the Exit Glacier road, or other areas designated by the
superintendent;
(2) Along the coast within the area extending from the mean high
tide line to one quarter mile inland after May 30 and before November
1.
(b) The restrictions in this section do not apply to dogs when
sufficient snow exists for skiing or dog sled use and the dogs are
restrained as part of a sled dog team or for the purposes of skijoring.
Sec. 13.1312 Climbing and walking on Exit Glacier.
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.
Sec. 13.1316 Commercial transport of passengers by motor vehicles.
Commercial transport of passengers by motor vehicles on Exit
Glacier Road is allowed without a written 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. Failure to comply with permit terms
and conditions is prohibited.
Exit Glacier Developed Area (EGDA)
Sec. 13.1318 Location of the EGDA.
(a) A map showing the boundaries of the EGDA is available at the
park visitor center.
(b) For the purpose of this subpart, the EGDA means:
(1) From the park boundary to Exit Glacier Campground Entrance
Road, all park areas within 350 meters (383 yards) of the centerline of
the Exit Glacier Road;
(2) From Exit Glacier Campground Entrance Road to the end of the
main paved trail, all park areas within 500 meters (546 yards) of any
paved surface; or
(3) All park areas within 300 meters (328 yards) of the terminus of
Exit Glacier.
Sec. 13.1320 Camping.
Within the EGDA, camping is prohibited except in designated sites
within the Exit Glacier Campground, or as authorized by the
Superintendent.
Sec. 13.1322 Food storage.
Cooking, consuming, storing or preparing food in the Exit Glacier
Campground is prohibited except in designated areas.
Sec. 13.1324 Bicycles.
Within the EGDA, the use of a bicycle is prohibited except on the
Exit Glacier Road and parking areas.
Sec. 13.1326 Snowmachines.
The use of snowmachines is prohibited within the EGDA, except--
(a) On Exit Glacier Road;
(b) In parking areas;
(c) On a designated route through the Exit Glacier Campground to
Exit Creek;
(d) Within Exit Creek; and
(e) For NPS administrative activities.
Sec. 13.1328 EGDA closures and restrictions.
The Superintendent may prohibit or otherwise restrict activities in
the EGDA 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 closures or restrictions is
prohibited.
Subpart S--[Amended]
0
16. Add Sec. 13.1604 to subpart S to read as follows:
Sec. 13.1604 Solid waste disposal.
(a) A solid waste disposal site may accept non-National Park
Service solid waste generated within the boundaries of the park area.
(b) A solid waste disposal site may be located within one mile of
facilities as defined by this part so long as it does not degrade
natural or cultural resources of the park area.
(c) A transfer station located wholly on nonfederal lands within
Lake Clark National Park and Preserve may be operated without the
permit required by Sec. Sec. 6.4(b) and 6.9(a) only if:
(1) The solid waste is generated within the boundaries of the park
area;
(2) The Regional Director determines that the operation will not
degrade any of the natural or cultural resources of the park area; and
(3) The transfer station complies with the provisions of part 6 of
this chapter.
(d) For purposes of this section, a transfer station means a public
use facility for the deposit and temporary storage of solid waste,
excluding a facility for the storage of a regulated hazardous waste.
Subpart V--[Amended]
0
17. Add Sec. 13.1912 to subpart V to read as follows:
Sec. 13.1912 Solid waste disposal.
(a) A solid waste disposal site may accept non-National Park
Service solid waste generated within the boundaries of the park area.
(b) A solid waste disposal site may be located within one mile of
facilities as defined by this part so long as it does not degrade
natural or cultural resources of the park area.
(c) A transfer station located wholly on nonfederal lands within
Wrangell-St. Elias National Park and Preserve may be operated without
the permit required by Sec. Sec. 6.4(b) and 6.9(a) only if:
(1) The solid waste is generated within the boundaries of the park
area;
(2) The Regional Director determines that the operation will not
degrade any of the natural or cultural resources of the park area; and
(3) The transfer station complies with the provisions of part 6 of
this chapter.
(d) For purposes of this section, a transfer station means a public
use facility for the deposit and temporary storage of solid waste,
excluding a facility for the storage of a regulated hazardous waste.
Dated: December 17, 2007.
Lyle Laverty,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. E8-748 Filed 1-16-08; 8:45 am]
BILLING CODE 4310-EF-P