236 Subpart N—Special Regulations— Glacier Bay National Park and Preserve

§ 13.1006 36 CFR Ch. I (7–1–12 Edition)

the following exempted commu- Commercial fishing means conducting nity(ies) may use aircraft for access to fishing activities under the appropriate lands and waters within the park for commercial fishing permits and li- subsistence purposes in accordance censes as required and defined by the with a permit issued by the Super- State of Alaska. intendent: Anaktuvuk Pass. Commercial fishing vessel means any motor vessel conducting fishing activi- § 13.1006 Customary trade. ties under the appropriate commercial In the Gates of the Arctic National fishing licenses as authorized under Preserve unit which contains the this subpart. Kobuk River and its tributaries, ‘‘cus- Cruise ship means any motor vessel of tomary trade’’ shall include—in addi- at least 100 tons gross (U.S. System) or tion to the exchange of furs for cash— 2,000 tons gross (International Conven- the selling of handicraft articles made tion System) certificated to carry from plant material taken by local more than 12 passengers for hire. rural residents of the park area. Daily vessel quota means the maximum number of vessels allowed, by § 13.1008 Solid waste disposal. vessel category, on any one calendar (a) A solid waste disposal site may day. accept non-National Park Service solid Glacier Bay means all waters inside a waste generated within the boundaries line drawn between Point Gustavus at of the park area. 135°54.927′ W longitude; 58°22.748′ N lati- (b) A solid waste disposal site may be tude and Point Carolus at 136°2.535′ W located within one mile of facilities as longitude; 58°22.694′ N latitude. defined by this part so long as it does Motor vessel means any vessel, other not degrade natural or cultural re- than a seaplane, propelled or capable of sources of the park area. being propelled by machinery (including steam), whether or not such ma- [73 FR 3186, Jan. 17, 2008] chinery is the principal source of power, except a skiff or tender under Subpart N—Special Regulations— tow or carried on board another vessel. Glacier Bay National Park Outer waters means all of the non-wil- and Preserve derness marine waters of the park located outside of Glacier Bay. ADMINISTRATIVE PROVISIONS Passenger ferry means a motor vessel authorized by the Superintendent to § 13.1102 Definitions. engage in the transport of passengers As used in this subpart: for hire to Bartlett Cove. Bartlett Cove Developed Area means all Private vessel means any motor vessel NPS-administered lands and waters that is not engaged in business (busi- within 1 mile of any Bartlett Cove fa- ness includes, but is not limited to, cility. A map showing the Bartlett transportation of passengers for hire or Cove Developed Area is available at the commercial fishing). park visitor center. Seasonal vessel quota means the max- Charter vessel means any motor vessel imum number of vessels allowed, by under 100 tons gross (U.S. System) or vessel category, during a specific sea- 2,000 tons gross (International Conven- sonal period. tion System) engaged in transport of Speed through the water means the passengers for hire and certified to speed at which a vessel moves through carry no more than 12 passengers over- the water (which itself may be mov- night and no more than 49 passengers ing); as distinguished from ‘‘speed over for daytime use. Charter vessels also the ground’’ (speed measured in rela- include any uninspected motor vessel tion to a fixed point on the earth). measuring less than 200 tons gross Tour vessel means any motor vessel of (U.S. Tonnage ‘‘Simplified Measure- less than 100 tons gross (U.S. System) ment System’’) and not more than 24 or 2,000 tons gross (International Con- meters (79 feet) in length engaged in vention System) engaged in transport transport of passengers for hire. of passengers for hire and certificated

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to carry more than 12 passengers over- (d) Except at Glacier Bay National night or more than 49 passengers for Preserve, campfires must be lighted daytime use. and maintained inside a fire pan within Transit means to operate a motor ves- 1⁄2 mile of the Alsek River. sel under power and continuously so as (e) Disposal of solid human body to accomplish 1⁄2 nautical mile of lit- waste within the Alsek Corridor is pro- toral (i.e., along the shore) travel. hibited. This waste must be carried to Vessel includes every type or descrip- and disposed of at the NPS—designated tion of craft used as a means of trans- facility. portation on the water, including a buoyant device permitting or capable [73 FR 3186, Jan. 17, 2008] of free flotation and a seaplane while operating on the water. § 13.1109 Off-road vehicle use in Gla- Whale means any humpback whale cier Bay National Preserve. (Megaptera novaeangliae). The use of off-road vehicles is author- Whale waters means any portion of ized only on designated routes and Glacier Bay, designated by the super- areas in Glacier Bay National Preserve. intendent, having a high probability of The use of off-road vehicles in all other whale occupancy, based upon recent areas in Glacier Bay National Preserve sighting and/or past patterns of occur- is prohibited. A map of designated rence. routes and areas is available at park § 13.1104 Coordinates. headquarters. All coordinates referenced in this [73 FR 3186, Jan. 17, 2008] subpart use horizontal datum World Geodetic System of 1984 (WGS 84). GENERAL PROVISIONS

§ 13.1106 Pets. § 13.1110 May I collect or burn Pets are prohibited except— interstadial wood? (a) On the Bartlett Cove Public Use Collecting or burning interstadial Dock; wood (aged wood preserved in glacial (b) On the beach between the Bartlett deposits) is prohibited. Cove Public Use Dock and the National Park Service Administrative Dock; § 13.1112 May I collect rocks and min- (c) Within 100 feet of Bartlett Cove erals? Developed Area park roads or parking Collecting rocks and minerals in the areas unless otherwise posted; former Glacier Bay National Monu- (d) On a vessel on the water; or ment is prohibited. (e) Within Glacier Bay National Pre- serve. § 13.1114 May I collect goat hair? [73 FR 3186, Jan. 17, 2008] The collection of naturally shed goat § 13.1108 Alsek Corridor. hair is authorized in accordance with terms and conditions established by (a) A permit is required to enter the the Superintendent. Violating terms Alsek Corridor. A map showing the and conditions for collecting goat hair boundaries of the Alsek Corridor is is prohibited. available from the park visitor center. Failure to obtain a permit is prohib- § 13.1116 Do I need a camping permit ited. in Glacier Bay? (b) Group size is limited to 15 persons except that specific concession permit From May 1 through September 30, holders are limited to 25 persons. camping within Glacier Bay as defined (c) Camping is prohibited for more by this subpart up to 1⁄4 nautical mile than one night each at Walker Glacier, (1519 feet) above the line of mean high Alsek Spit and Gateway Knob plus one tide without a camping permit is pro- additional night at any one of these hibited. The Superintendent may es- three locations. Camping is prohibited tablish permit terms and conditions. for more than four nights total among Failure to comply with permit terms the three locations. and conditions is prohibited.

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§ 13.1118 Solid waste disposal. Use Dock without written permission (a) A solid waste disposal site may from the Superintendent. accept non-National Park Service solid (f) Utilizing the fuel dock for activi- waste generated within the boundaries ties other than fueling and waste of the park area. pump-out is prohibited. Other uses may (b) A solid waste disposal site may be be authorized by the Superintendent to located within one mile of facilities as protect park resources or public safety. defined by this part so long as it does (g) Leaving a vessel unattended on not degrade natural or cultural re- the fuel dock for any length of time is sources of the park area. prohibited. [73 FR 3186, Jan. 17, 2008] (h) Using electrical shore power for vessels is prohibited unless otherwise BARTLETT COVE authorized by the Superintendent.

§ 13.1120 Bartlett Cove Developed Area § 13.1124 Bartlett Cove Campground. closures and restrictions. (a) Camping is prohibited in the Bart- The Superintendent may prohibit or otherwise restrict activities in the lett Cove Developed Area except in the Bartlett Cove Developed Area to pro- Bartlett Cove Campground. From May tect public health, safety, or park re- 1 through September 30, all overnight sources, or to provide for the equitable campers must register to camp in the and orderly use of park facilities. Infor- Bartlett Cove Campground. Failure to mation on closures and restrictions register is prohibited. will be available at the park visitor in- (b) Cooking, consuming, or preparing formation center. Violating Bartlett food in the Bartlett Cove Campground Cove Developed Area closures or re- is prohibited except in designated strictions is prohibited. areas. (c) Food storage. In the Bartlett Cove § 13.1122 Bartlett Cove Public Use Dock. Developed Area, storing food in any manner except in a sealed motor vehi- (a) Docking, tying down, or securing cle, a vessel (excluding kayaks), a aircraft is prohibited except at the des- building, an approved bear-resistant ignated aircraft float at the Bartlett food container, a bear-resistant trash Cove Public Use Dock. Docking, tying down, or securing aircraft to the Bart- receptacle, or a designated food cache lett Cove Public Use Dock for longer is prohibited. than 3 hours in a 24-hour period is prohibited. Pilots must remain with the § 13.1126 Bicycles. aircraft or provide notice of their loca- Use of a bicycle is prohibited on the tion to a park ranger. Failure to re- Forest Loop, Bartlett River and Bart- main with the aircraft or provide no- lett Lake trails. tice to a park ranger is prohibited. (b) Vehicles exceeding 30,000 pounds § 13.1128 Is a permit required to trans- gross vehicle weight are prohibited on port passengers between Bartlett the dock, unless authorized by the Su- Cove and Gustavus? perintendent. Commercial transport of passengers (c) Leaving personal property (other between Bartlett Cove and Gustavus by than vessels) unattended on, or at- motor vehicles legally licensed to tached to, the floats or pier without carry 15 or fewer passengers is allowed prior permission from the Super- without a permit. However, if required intendent is prohibited. (d) Processing commercially caught to protect public health and safety or fish on the Public Use Dock is prohib- park resources, or to provide for the ited. equitable use of park facilities, the Su- (e) The Superintendent may author- perintendent may establish a permit ize the buying or selling of fish or fish requirement with appropriate terms products on or at the Public Use Dock. and conditions for the transport of pas- Buying or selling of fish or fish prod- sengers. Failure to comply with permit ucts is prohibited on or at the Public terms and conditions is prohibited.

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COMMERCIAL FISHING (c) The Superintendent shall include in a permit the terms and conditions § 13.1130 Is commercial fishing author- that the superintendent deems nec- ized in the marine waters of Glacier essary to protect park resources. Vio- Bay National Park? lating a term or condition of the per- Yes—Commercial fishing is author- mit is prohibited. ized within the outer waters of the park and within the non-wilderness wa- § 13.1134 Who is eligible for a Glacier ters of Glacier Bay, subject to the pro- Bay commercial fishing lifetime ac- visions of this chapter. cess permit? (a) Commercial fishing shall be ad- A Glacier Bay commercial fishing ministered pursuant to a cooperatively lifetime access permit will be issued by developed State/federal park fisheries the superintendent to fishermen who management plan, international con- have submitted documentation to the servation and management treaties, superintendent, on or before October 1, and existing federal and non-con- 2000, which demonstrates to the satis- flicting State law. The management faction of the superintendent that: plan shall provide for the protection of (a) They possess valid State limited park values and purposes, the prohibi- entry commercial fishing permits for tion on any new or expanded fisheries, the district or statistical area encom- and the opportunity to study marine passing Glacier Bay for each fishery for resources. which a lifetime access permit is being (b) Commercial fishing or conducting sought; and, an associated buying or processing op- (b) They have participated as a lim- eration in wilderness waters is prohibited entry permit holder or crew- ited. member in the district or statistical (c) A new or expanded fishery is pro- area encompassing Glacier Bay for hibited. The Superintendent shall com- each fishery for which a lifetime access pile a list of the existing fisheries and permit is being sought. gear types used in the outer waters and (1) For the Glacier Bay commercial follow the procedures in §§ 1.5 and 1.7 of halibut fishery, the applicant must this chapter to inform the public. have participated as a permit holder or (d) Maps and charts showing which crewmember for at least 2 years during marine areas of Glacier Bay are closed the period 1992–1998. to commercial fishing are available (2) For the Glacier Bay salmon or from the Superintendent. Tanner crab commercial fisheries, the applicant must have participated as a § 13.1132 What types of commercial permit holder or crewmember for at fishing are authorized in Glacier least 3 years during the period 1989– Bay? 1998. Three types of commercial fishing are authorized in Glacier Bay non-wil- § 13.1136 How can an individual apply derness waters: Longline fishing for for a commercial fishing lifetime ac- halibut; pot and ring fishing for Tanner cess permit? crab; and trolling for salmon. An applicant for a lifetime access (a) All other commercial fishing, or a permit must provide information suffi- buying or a processing operation not cient to establish eligibility as follows: related to an authorized fishery is pro- (a) The applicant’s full name, date of hibited in Glacier Bay. birth, mailing address and phone num- (b) On October 1, 2000, each fishery ber; will be limited to fishermen who qual- (b) A notarized affidavit (required), ify for a non-transferable commercial sworn by the applicant, attesting to his fishing lifetime access permit (see or her history of participation as a lim- § 13.1134). Commercial fishing without a ited entry permit holder or crew- permit issued by the superintendent, or member in Glacier Bay during the other than in accordance with the qualifying period for each fishery for terms and conditions of the permit, is which a lifetime access permit is being prohibited. sought;

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(c) A copy of the applicant’s current § 13.1138 Where should the docu- State of Alaska limited entry permit mentation for a lifetime access per- or, in the case of halibut, an inter- mit be sent? national Pacific Halibut Commission Before October 1, 2000, all required in- quota share (required), that is valid for formation (as listed in § 13.1136) should the area that includes Glacier Bay, for be sent to: Superintendent, Attn: Ac- each fishery for which a lifetime access cess Permit Program, Glacier Bay Na- permit is sought; tional Park and Preserve, P.O. Box 140, (d) For qualifying years as a limited Gustavus, Alaska 99826. entry permit holder, available corrobo- § 13.1140 Who determines eligibility? rating documentation of the applicant’s permit and quota share history The superintendent will make a writ- for the Glacier Bay fishery during the ten determination of an applicant’s eli- qualifying period, and/or for qualifying gibility for the lifetime access permit years as a crewmember, other available based on information provided. A copy of the determination will be mailed to corroborating documentation of crew- the applicant. If additional informa- member status. This may include a tion is required to make an eligibility copy of the applicant’s commercial determination, the applicant will be crewmember license for each quali- notified in writing of that need and be fying year, a notarized affidavit from given an opportunity to provide it. their employer (generally a limited entry permit holder, or boat owner § 13.1142 Can I appeal denial of my hired or contracted by a limited entry commercial fishing lifetime access permit holder) stating the years permit application? worked by the applicant in a qualifying Yes—If an applicant’s request for a fishery in Glacier Bay, copies of tax commercial fishing lifetime access per- forms W–2 or 1099, pay stubs, or other mit is denied, the superintendent will documentation; and provide the applicant with the reasons (e) For applicants qualifying as a for the denial in writing within 15 days limited entry permit holder, available of the decision. The applicant may ap- corroborating documentation of com- peal to the Regional Director, Alaska mercial landings for the Glacier Bay Region, within 180 days. The appeal fishery during the qualifying periods— must substantiate the basis of the ap- i.e., within the statistical unit or area plicant’s disagreement with the Super- intendent’s determination. The Re- that includes Glacier Bay. For halibut, gional Director (or his representative) this includes regulatory sub-area 184. will meet with the applicant to discuss For Tanner crab, this includes statis- the appeal within 30 days of receiving tical areas 114–70 through 114–77. For the appeal. Within 15 days of receipt of salmon, the Superintendent may need written materials and the meeting, if additional documentation that sup- requested, the Regional Director will ports the applicant’s declaration of affirm, reverse, or modify the Super- Glacier Bay salmon landings. For hal- intendent’s determination and explain ibut and Tanner crab, the Super- the reasons for the decision in writing. intendent may consider documented A copy of the decision will be for- commercial landings from the unit or warded promptly to the applicant and area immediately adjacent to Glacier will be the final agency action. Bay (in Icy Strait) if additional documentation supports the applicant’s § 13.1144 How often will commercial declaration that landings occurred in fishing lifetime access permit be re- newed? Glacier Bay. (f) Any additional corroborating doc- The superintendent will renew life- umentation that might assist the su- time access permit at 5-year intervals perintendent in a timely determination for the lifetime of a permittee who con- tinues to hold a valid State limited of eligibility for the access permits. entry commercial fishing permit, and for halibut an International Pacific Halibut Commission quota share, and

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is otherwise eligible to participate in § 13.1154 Commercial vessel permits the fishery under Federal and State and conditions. law. Each commercially operated motor vessel must have a permit to operate in § 13.1146 What other closures and restrictions apply to commercial fish- Glacier Bay National Park and Pre- ermen and commercial fishing ves- serve in accordance with § 5.3 of this sels? chapter. The following are prohibited: (a) A cruise ship must have a conces- (a) Commercial fishing in the waters sion contract to operate in Glacier of Geikie, Tarr, Johns Hopkins and Bay. Reid Inlets. (b) A tour vessel, charter vessel, and (b) Commercial fishing in the waters passenger ferry must have a commer- of the west arm of Glacier Bay north of cial authorization to operate in Glacier 58° 50.0′ N latitude, except commercial Bay. fishermen who have been authorized by (c) The operator of a cruise ship, tour the superintendent to troll for salmon vessel, charter vessel, and passenger may troll for king salmon during the ferry must notify the Bartlett Cove period October 1 through April 30, in Ranger Station of the vessel’s entry compliance with state commercial fish- into Glacier Bay within 48 hours in ad- ing regulations. vance of entering Glacier Bay or imme- (c) Commercial fishing in the east diately upon entry. arm of Glacier Bay, north of an imagi- (d) Cruise ships and tour vessels are nary line running from Point Caroline prohibited from operating in the through the southern point of Garforth Beardslee Entrance and at the entrance Island and extending to the east side of to Adams Inlet, as defined as waters Muir Inlet, except commercial fisher- within the Wilderness boundaries in men who have been authorized by the those respective areas. superintendent to troll for salmon may (e) Off-boat activity from a cruise troll for king salmon south of 58° 50.0′ ship, tour vessel, or charter vessel is N latitude during the period October 1 prohibited, unless authorized by the su- through April 30, in compliance with perintendent. state commercial fishing regulations. (f) Off-boat activity from a passenger ferry is prohibited, except for pas- VESSEL PERMITS senger access at the Bartlett Cove docks. § 13.1150 Is a permit required for a (g) A passenger ferry must travel a vessel in Glacier Bay? direct course between the mouth of A permit from the superintendent is Glacier Bay and Bartlett Cove, except required for motor vessels in accord- when the vessel is granted safe harbor ance with this subpart and applicable by the Superintendent as stated in regulations in this part. § 13.1156(e).

§ 13.1152 Private vessel permits and § 13.1156 Exceptions from vessel per- conditions. mit requirement. In Glacier Bay from June 1 through A vessel permit is not required in August 31 an individual must have a Glacier Bay when: permit from the NPS issued for a spe- (a) A motor vessel is engaged in offi- cific vessel for a specific period of time. cial, non-commercial business of the (a) From June 1 through August 31, State or Federal Government; when the operator of a private vessel (b) A motor vessel is operating in enters Glacier Bay for the first time Bartlett Cove waters east of a line ex- that calendar year, the operator must tending from the long axis of the fuel go directly to the Bartlett Cove Ranger dock to the wilderness boundary of Station for orientation. Lester Island; (b) From May 1 through September (c) One motor vessel is launched from 30, the operator of a private vessel a motor vessel that has a permit and must immediately notify the Bartlett only while the authorized motor vessel Cove Ranger Station of the vessel’s remains at anchor or operated in ac- entry to or exit from Glacier Bay. cordance with a concession agreement

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from a permitted motor vessel while striction issued or imposed pursuant to that vessel is not underway; this chapter is prohibited. (d) A commercial fishing vessel au- (c) The superintendent may imme- thorized under this subpart is actually diately suspend or revoke a permit or engaged in commercial fishing; or deny a future permit request as a re- (e) A vessel is granted safe harbor by sult of a violation of a provision of this the superintendent. chapter. § 13.1158 Prohibitions. § 13.1160 Restrictions on vessel entry. (a) Operating a motor vessel in Gla- cier Bay without a required permit is The superintendent will allow vessel prohibited. entry in accordance with the following (b) Violating a term or condition of a table: permit or an operating condition or re-

Daily vessel Seasonal vessel Type of vessel quotas (DVQ) Period covered by DVQ quota (SVQ) Period covered by SVQ

Cruise ship ...... 2 Year-round ...... Up to 184 ...... June 1–August 31. Up to 122 ...... May and September. Tour vessel ...... 3 Year-round ...... N/A ...... N/A. Charter vessel ...... 6 Jun 1–Aug 31 ...... N/A ...... N/A. Private vessel ...... 25 Jun 1–Aug 31 ...... N/A ...... N/A. Passenger ferry ...... 1 Year-round ...... N/A ...... N/A.

NOTE: Cruise ships and tour vessels are conditions is prohibited. This para- limited to the daily vessel quota year-round. graph will cease to have effect on No- Charter and private vessels are not subject vember 30, 2011. to quotas from September through May. (d) Nothing in this section will be (a) The Director will reduce the ves- construed to prevent the super- sel quota levels for any or all cat- intendent from taking any action at egories of vessels in this subpart as re- any time to protect the values and pur- quired to protect the values and purposes of Glacier Bay National Park and poses of Glacier Bay National Park and Preserve. Preserve. The director will make these reductions based on the controlling bi- VESSEL OPERATING RESTRICTIONS ological opinion issued by the National Oceanic and Atmospheric Administra- § 13.1170 What are the rules for oper- tion Fisheries Service under section 7 ating vessels? of the Endangered Species Act, applica- (a) Operating a vessel within 1/4 nau- ble authority, and any other relevant tical mile of a whale is prohibited, ex- information. cept for a commercial fishing vessel (b) The superintendent will annually authorized under this subpart that is determine the cruise ship quota. This determination will be based upon appli- actively trolling, setting, or pulling cable authorities, appropriate public long lines, or setting or pulling crab comment and available scientific and pots. other information. The number will be (b) The operator of a vessel inadvert- subject to the maximum daily vessel ently positioned within 1/4 nautical quota of two vessels. mile of a whale must immediately slow (c) From June 1 through August 31, the vessel to ten knots or less, without the superintendent will designate one shifting into reverse unless impact is private vessel permit from the daily likely. The operator must direct or quota of 25 as a transit permit. This maintain the vessel on as steady a transit permit may be used only to di- course as possible away from the whale rectly exit Glacier Bay from Bartlett until at least 1/4 nautical mile of sepa- Cove and return directly to Bartlett ration is established. Failure to take Cove. The superintendent may estab- such action is prohibited. lish application procedures and oper- (c) The operator of a vessel or sea- ating conditions. Violating operating plane positioned within 1/2 nautical

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mile of a whale is prohibited from al- proach or land on shore (i.e., by the tering course or speed in a manner that most direct line to shore) through des- results in decreasing the distance be- ignated whale waters, but they may tween the whale and the vessel or sea- not transit along the shore. plane. (3) Operators must follow motor vessel speed limits in § 13.1176(a). § 13.1172 When general operating restrictions do not apply. § 13.1176 Speed restrictions. Section 13.1170 does not apply to a (a) From May 15 through September vessel being used in connection with 30, in designated whale waters the fol- federally permitted whale research or lowing are prohibited: monitoring; other closures and restric- (1) Operating a motor vessel at more tions in ‘‘Vessel Operating Restric- than 20 knots speed through the water; tions,’’ §§ 13.1170 through 13.1180, do not or apply to authorized persons conducting (2) Operating a motor vessel at more emergency or law enforcement oper- than 13 knots speed through the water, ations, research or resource manage- when the superintendent has des- ment, park administration/supply, or ignated a maximum speed of 13 knots, other necessary patrols. or at a maximum speed designated by the superintendent based on NOAA § 13.1174 Whale water restrictions. guidelines or new scientific informa- (a) May 15 through September 30, the tion. following waters are designated as (b) From July 1 through August 31, whale waters. operating a motor vessel on Johns Hop- (1) Waters north of a line drawn from kins Inlet waters south of 58°54.2′ N Point Carolus to Point Gustavus; and latitude (a line running due west from south of a line drawn from the north- Jaw Point) at more than 10 knots speed ernmost point of Lars Island across the through the water is prohibited. northernmost point of Strawberry Is- land to the point where it intersects § 13.1178 Closed waters, islands and the line that defines the Beardslee Is- other areas. land group, as described in The following are prohibited: § 13.1180(a)(4), and following that line (a) Operating a vessel or otherwise south and west to the Bartlett Cove approaching within 100 yards of South shore (so as to include the Beardslee Marble Island; or Flapjack Island; or Entrance and Bartlett Cove); and any of the three small unnamed islets (2) Other waters designated by the approximately one nautical mile superintendent as temporary whale wa- southeast of Flapjack Island; or Eider ters. Island; or Boulder Island; or Geikie (b) The public will be notified of Rock; or Lone Island; or the northern other waters designated as temporary three-fourths of Leland Island (north of whale waters in accordance with § 1.7 of 58°39.1′ N latitude); or any of the four this chapter. small unnamed islands located approxi- (c) Violation of a whale water restric- mately one nautical mile north (one is- tion is prohibited. The following re- land), and 1.5 nautical miles east (three strictions apply in whale waters unless islands) of the easternmost point of otherwise provided by the super- Russell Island; or Graves Rocks (on the intendent in the designation: outer coast); or Cormorant Rock, or (1) Operating a motor vessel less than any adjacent rock, including all of the one nautical mile from shore (where near-shore rocks located along the the width of the water permits), or in outer coast, for a distance of 11⁄2 nau- narrower areas navigating outside of tical miles, southeast from the mouth mid-channel is prohibited. This restric- of Lituya Bay; or the surf line along tion does not apply to motor vessels the outer coast, for a distance of 11⁄2 less than 18 feet in length, or vessels nautical miles northwest of the mouth actively engaged in fishing activities of the glacial river at Cape or operating solely under sail. Fairweather. (2) Unless other restrictions apply, (b) Operating a vessel or otherwise operators may perpendicularly ap- approaching within 100 yards of a

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Steller (northern) sea lion (Eumetopias west of the wilderness boundary at the jubatus) hauled-out on land or a rock or mouth of the Hugh Miller Inlet. a nesting seabird colony: Provided, how- (4) Waters within the Beardslee Is- ever, that vessels may approach within land group (except the Beardslee En- 50 yards of that part of South Marble trance), that is defined by an imagi- Island lying south of 58°38.6′ N latitude nary line running due west from shore (approximately the southern one-half to the easternmost point of Lester Is- of South Marble Island) to view land, then along the south shore of seabirds. Lester Island to its western end, then (c) May 1 through August 31, oper- to the southernmost point of Young Is- ating a vessel, or otherwise approach- land, then north along the west shore ing within 1⁄4 nautical mile of, Spider and east along the north shore of Island or any of the four small islets Young Island to its northernmost lying immediately west of Spider Is- point, then at a bearing of 15 true to an land. imaginary point located one nautical (d) May 1 through August 31, oper- mile due east of the easternmost point ating a cruise ship on Johns Hopkins of Strawberry Island, then at a bearing Inlet waters south of 58°54.2′ N latitude of 345 true to the northernmost point of (an imaginary line running approxi- Flapjack Island, then at a bearing of 81 mately due west from Jaw Point). true to the northernmost point of the (e) May 1 through June 30, operating unnamed island immediately to the a vessel or a seaplane on Johns Hop- east of Flapjack Island, then south- kins Inlet waters south of 58°54.2′ N easterly to the northernmost point of latitude (an imaginary line running ap- the next unnamed island, then south- proximately due west from Jaw Point). easterly along the (Beartrack Cove) (f) July 1 through August 31, oper- shore of that island to its easternmost ating a vessel or a seaplane on Johns point, then due east to shore. Hopkins Inlet waters south of 58°54.2′ N (b) June 1 through July 15, operating latitude (an imaginary line running ap- a motor vessel or a seaplane on the wa- proximately due west from Jaw Point), ters of Muir Inlet north of 59°02.7′ N within 1⁄4 nautical mile of a seal hauled latitude (an imaginary line running ap- out on ice; except when safe navigation proximately due west from the point of requires, and then with due care to land on the east shore approximately 1 maintain the 1⁄4 nautical mile distance nautical mile north of the McBride from concentrations of seals. Glacier) is prohibited. (g) Restrictions imposed in this sec- (c) July 16 through August 31, oper- tion are minimum distances. Park visi- ating a motor vessel or a seaplane on tors are advised that protection of park the waters of Wachusett Inlet west of wildlife may require that visitors 136°12.0′ W longitude (an imaginary line maintain greater distances from wild- running approximately due north from life. See, 36 CFR 2.2 (Wildlife protec- the point of land on the south shore of tion). Wachusett Inlet approximately 21⁄4 nautical miles west of Rowlee Point) is § 13.1180 Closed waters, motor vessels prohibited. and seaplanes. (a) May 1 through September 15, op- § 13.1182 Noise restrictions. erating a motor vessel or a seaplane on June 1 through August 31, except on the following water is prohibited: vessels in transit or as otherwise au- (1) Adams Inlet, east of 135°59.2′ W thorized by the superintendent, the use longitude (an imaginary line running of generators or other non-propulsive approximately due north and south motors (except a windlass) is prohib- through the charted (5) obstruction lo- ited from 10 p.m. until 6 a.m. in Reid cated approximately 21⁄4 nautical miles Inlet, Blue Mouse Cove and North east of Pt. George). Sandy Cove. (2) Rendu Inlet, north of the wilderness boundary at the mouth of the § 13.1184 Other restrictions on vessels. inlet. The superintendent will make rules (3) Hugh Miller complex, including for the safe and equitable use of Bart- Scidmore Bay and Charpentier Inlet, lett Cove waters and for park docks.

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The superintendent will notify the pub- Naknek Lake and River Drainage will lic of these rules by posting of a sign or be authorized, in accordance with a copy of them at the dock. Failure to State fishing regulations or conditions obey a sign or posted rule is prohibited. established by the Superintendent, to continue their traditional fishery for § 13.1186 What are the emission stand- red fish (spawned-out sockeye salmon ards for vessels? that have no significant commercial (a) The State of Alaska statutes and value). regulations applicable to marine vessel emission standards are adopted as a § 13.1206 Wildlife distance conditions. part of these regulations. (a) Approaching a bear or any large (b) Violating a State of Alaska stat- mammal within 50 yards is prohibited. ute or regulation applicable to marine (b) Continuing to occupy a position vessel visible emission standards is within 50 yards of a bear that is using prohibited. a concentrated food source, including, but not limited to, animal carcasses, § 13.1188 Where to get charts depicting closed waters. spawning salmon, and other feeding areas is prohibited. Closed waters and islands within Gla- (c) Continuing to engage in fishing cier Bay as described in §§ 13.1174– within 50 yards of a bear is prohibited. 13.1180 of this subpart are described as (d) The prohibitions in this section depicted on NOAA Chart #17318 GLA- do not apply to persons— CIER BAY (4th Ed., Mar. 6/93) available (1) Engaged in a legal hunt; to the public at park offices at Bartlett (2) On a designated bear viewing Cove and Juneau, Alaska. structure; (3) In compliance with a written pro- Subpart O—Special Regulations— tocol approved by the Superintendent; Katmai National Park and Pre- or serve (4) Who are otherwise directed by a park employee. GENERAL PROVISIONS [71 FR 69333, Nov. 30, 2006, as amended at 73 § 13.1202 Fishing. FR 3186, Jan. 17, 2008] Fishing is allowed in accordance with § 13.1208 Lake Camp. § 13.40 of this chapter, but only with ar- tificial lures and with the following ad- Leaving a boat, trailer, or vehicle un- ditional exceptions: attended for more than 72 hours at the (a) Bait, as defined by State law, may facilities associated with the Lake be used only on the Naknek River dur- Camp launching ramp is prohibited ing times and dates established by the without authorization from the Super- Alaska Department of Fish and Game, intendent. Leaving a boat unattended and only from markers located just at the Lake Camp dock is prohibited. above Trefon’s cabin downstream to § 13.1210 Firearms. the park boundary. (b) Flyfishing only is allowed on the The superintendent may designate Brooks River between Brooks Lake and areas or routes within Katmai National the posted signs near Brooks Camp. Park where a firearm may be carried. (c) No person may retain more than [73 FR 3186, Jan. 17, 2008] one fish per day caught on Brooks River, on the waters between the post- BROOKS CAMP DEVELOPED AREA ed signs 200 yards from the outlet of Brooks Lake, or on the water between § 13.1220 Brooks Camp Developed the posted signs 200 yards from the Area definition. mouth of the Brooks River on Naknek For purposes of this subpart, the Lake. Brooks Camp Developed Area (BCDA) means all park areas within a 1.5 mile § 13.1204 Traditional red fish fishery. radius from the Brooks Falls Platform Local residents who are descendants and is depicted on a map available at of Katmai residents who lived in the the park visitor center. Sections

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