[Code of Federal Regulations] [Title 36, Volume 1] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR13.65] [Page 209-218] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR PART 13_NATIONAL PARK SYSTEM UNITS IN ALASKA--Table of Contents Subpart C_Special Regulations_Specific Park Areas in Alaska Sec. 13.65 Glacier Bay National Park and Preserve. (a) Commercial fishing: authorizations, closures and restrictions-- (1) What terms do I need to know? (i) Commercial fishing means conducting fishing activities under the appropriate commercial fishing permits and licenses as required and defined by the State of Alaska. (ii) Glacier Bay means all marine waters within Glacier Bay National Park, including coves and inlets, north of an imaginary line drawn from Point Gustavus to Point Carolus. (iii) Outer waters means all of the non-wilderness marine waters of the park located outside of Glacier Bay. (2) Is commercial fishing authorized in the marine waters of Glacier Bay National Park? Yes--Commercial fishing is authorized within the outer waters of the park and within the non-wilderness waters of Glacier Bay, subject to the provisions of this chapter. (i) Commercial fishing shall be administered pursuant to A cooperatively developed State/federal park fisheries management plan, international conservation and management treaties, and existing federal and Non-conflicting State law. The management plan shall provide for the protection of park values and purposes, the prohibition on any new or expanded fisheries, and the opportunity to study marine resources. (ii) Commercial fishing or conducting an associated buying or processing operation in wilderness waters is prohibited. (iii) A new or expanded fishery is prohibited. The Superintendent shall compile a list of the existing fisheries and gear types used in the outer waters and follow the procedures in Sec. Sec. 1.5 and 1.7 of this chapter to inform the public. (iv) Maps and charts showing which marine areas of Glacier Bay are closed to commercial fishing are available from the Superintendent. (3) What types of commercial fishing are authorized in Glacier Bay? Three types of commercial fishing are authorized in Glacier Bay non- wilderness waters: longline fishing for halibut; pot and ring fishing for Tanner crab; and trolling for salmon. (i) All other commercial fishing, or a buying or a processing operation not [[Page 210]] related to an authorized fishery is prohibited in Glacier Bay. (ii) On October 1, 2000, each fishery will be limited to fishermen who qualify for a non-transferable commercial fishing lifetime access permit (see paragraph (a)(4) of this section). Commercial fishing without a permit issued by the superintendent, or other than in accordance with the terms and conditions of the permit, is prohibited. (iii) The Superintendent shall include in a permit the terms and conditions that the superintendent deems necessary to protect park resources. Violating a term or condition of the permit is prohibited. (4) Who is eligible for a Glacier Bay commercial fishing lifetime access permit? A Glacier Bay commercial fishing lifetime access permit will be issued by the superintendent to fishermen who have submitted documentation to the superintendent, on or before October 1, 2000, which demonstrates to the satisfaction of the superintendent that: (i) They possess valid State limited entry commercial fishing permits for the district or statistical area encompassing Glacier Bay for each fishery for which a lifetime access permit is being sought; and, (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 2 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 3 years during the period 1989-1998. (5) How can an individual apply for a commercial fishing lifetime access permit? An applicant for a lifetime access permit must provide information sufficient to establish eligibility as follows: (i) The applicant's full name, date of birth, mailing address and phone number; (ii) A notarized affidavit (required), 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) A copy of the applicant's current State of Alaska limited entry permit or, in the case of halibut, an international Pacific Halibut Commission quota share (required), that is valid for the area that includes Glacier Bay, for each fishery for which a lifetime access permit is sought; (iv) For qualifying years as a limited entry permit holder, available corroborating documentation 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; and, (v) For applicants qualifying as a limited entry permit holder, available corroborating 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 need additional documentation that supports the 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. (vi) Any additional corroborating documentation that might assist the [[Page 211]] superintendent in a timely determination of eligibility for the access permits. (6) Where should the documentation for a lifetime access permit be sent? Before October 1, 2000, all required information (as listed in paragraph (a)(5) of this section) should be sent to: Superintendent, Attn: Access Permit Program, Glacier Bay National Park and Preserve, P.O. Box 140, Gustavus, Alaska 99826. (7) Who determines eligibility? The superintendent will make a written determination of an applicant's eligibility for the lifetime access permit based on information provided. A copy of the determination will be mailed to the applicant. If additional information is required to make an eligibility determination, the applicant will be notified in writing of that need and be given an opportunity to provide it. (8) Is there an appeals process if a commercial fishing lifetime access permit application is denied? Yes--If an applicant's request for an a commercial fishing lifetime access permit is denied, the superintendent will provide the applicant with the reasons for the denial in writing within 15 days of the decision. The applicant may appeal to the Regional Director, Alaska Region, within 180 days. The appeal must substantiate the basis of the applicant's disagreement with the Superintendent's determination. The Regional Director (or his representative) will meet with the applicant to discuss the appeal within 30 days of receiving the appeal. Within 15 days of receipt of written materials and the meeting, if requested, the Regional Director will affirm, reverse, or modify the Superintendent's determination and explain the reasons for the decision in writing. A copy of the decision will be forwarded promptly to the applicant and will be the final agency action. (9) How often will commercial fishing lifetime access permit be renewed? The superintendent will renew lifetime access permit at 5-year intervals for the lifetime of a permittee who continues to hold a valid State limited entry commercial fishing permit, and for halibut an International Pacific Halibut Commission quota share, and is otherwise eligible to participate in the fishery under federal and State law. (10) What other closures and restrictions apply to commercial fishermen and commercial fishing vessels?--The following are prohibited: (i) Commercial fishing in the waters of Geikie, Tarr, Johns Hopkins and Reid Inlets. (ii) Commercial fishing in the waters of the west arm of Glacier Bay north of 58[deg]50[min]N latitude, except commercial fishermen who have been authorized by the superintendent to troll for salmon may troll for king salmon during the period October 1 through April 30, in compliance with state commercial fishing regulations. (iii) Commercial fishing in the east arm of Glacier Bay, north of an imaginary line running from Point Caroline through the southern point of Garforth Island and extending to the east side of Muir Inlet, except commercial fishermen who have been authorized by the superintendent to troll for salmon may troll for king salmon south of 58[deg]50[min]N latitude during the period October 1 through April 30, in compliance with state commercial fishing regulations. (b) Resource protection and vessel management--(1) Definitions. As used in this section: 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. Charter vessel means any motor vessel under 100 tons gross (U.S. System) or 2,000 tons gross (International Convention System) that is rated to carry up to 49 passengers, and is available for hire on an unscheduled basis; except a charter vessel used to provide a scheduled camper or kayak drop off service. Commercial fishing vessel means any motor vessel conducting fishing activities under the appropriate commercial fishing licenses as required and defined by the State of Alaska. Cruise ship means any motor vessel at or over 100 tons gross (U.S. System) or 2,000 tons gross (International Convention System) carrying passengers for hire. Entry means each time a motor vessel passes the mouth of Glacier Bay [[Page 212]] into the bay; each time a private vessel activates or extends a permit; each time a motor vessel based at or launched from Bartlett Cove leaves the dock area on the way into Glacier Bay, except a private vessel based at Bartlett Cove that is gaining access or egress to or from outside Glacier Bay; the first time a local private vessel uses a day of the seven use-day permit; or each time a motor vessel is launched from another vessel within Glacier Bay, except a motor vessel singularly launched from a permitted motor vessel and operated only while the permitted vessel remains at anchor, or a motor vessel launched and operated from a permitted motor vessel while that vessel is not under way and in accordance with a concession agreement. Glacier Bay means all marine waters contiguous with Glacier Bay, lying north of an imaginary line between Point Gustavus and Point Carolus. Motor vessel means any vessel, other than a seaplane, propelled or capable of being propelled by machinery (including steam), whether or not such machinery is the principal source of power, except a skiff or tender under tow or carried on board another vessel. Operate or Operating includes the actual or constructive possession of a vessel or motor vessel. Private vessel means any motor vessel used for recreation that is not engaged in commercial transport of passengers, commercial fishing or official government business. Pursue means to alter the course or speed of a vessel or a seaplane in a manner that results in retaining a vessel, or a seaplane operating on the water, at a distance less than one-half nautical mile from a whale. Speed through the water means the speed that a vessel moves through the water (which itself may be moving); as distinguished from ``speed over the ground.'' Tour vessel means any motor vessel under 100 tons gross (U.S. System) or 2,000 tons gross (International Convention System) that is rated to carry more than 49 passengers, or any smaller vessel that conducts tours or provides transportation at regularly scheduled times along a regularly scheduled route. Transit means to operate a motor vessel under power and continuously so as to accomplish one-half nautical mile of littoral (i.e., along the shore) travel. Vessel includes every type or description of craft used as a means of transportation on the water, including a buoyant device permitting or capable of free flotation and a seaplane while operating on the water. Vessel use-day means any continuous period of time that a motor vessel is in Glacier Bay between the hours of 12 midnight on one day to 12 midnight the next day. Whale means any humpback whale (Megaptera novaeangliae). Whale waters means any portion of Glacier Bay, designated by the superintendent, having a high probability of whale occupancy, based upon recent sighting and/or past patterns of occurrence. (2) Permits. The superintendent will issue permits for private motor vessels in accordance with this part and for cruise ships, tour vessels, and charter vessels in accordance with National Park Service concession authorizations and this part. (i) Private vessel permits and conditions. Each private motor vessel must have a permit to enter Glacier Bay June 1 through August 31. (A) The superintendent may establish conditions regulating how permits can be obtained, whom a vessel operator must contact when entering or leaving Glacier Bay, designated anchorages, the maximum length of stay in Glacier Bay, and other appropriate conditions. (B) June 1 through August 31, upon entering Glacier Bay through the mouth, the operator of a private motor vessel must report directly to the Bartlett Cove Ranger Station for orientation. (1) Failing to report as required is prohibited. (2) The superintendent may waive this requirement before or upon entry. (ii) Commercial vessel permits and conditions. Each commercially operated motor vessel must have the required permit(s) to enter Glacier Bay. (A) To obtain or renew an entry permit, a cruise ship company must submit and, after approval, implement a pollution minimization plan. The plan [[Page 213]] must ensure, to the fullest extent possible, that any ship permitted to travel within Glacier Bay will apply the industry's best approaches toward vessel oil-spill response planning and prevention and minimization of air and underwater noise pollution while operating in Glacier Bay. The superintendent will approve or disapprove the plan. (B) Each cruise ship company must assess the impacts of its activities on Glacier Bay resources pursuant to the NPS research, inventory and monitoring plan as specified in the applicable concession permit. (C) The superintendent at any time may impose operating conditions to prevent or mitigate air pollution, water pollution, underwater noise pollution or other effects of cruise ship operation. (D) The superintendent will immediately suspend the entry permit(s) of any cruise ship that fails to submit, implement or comply with a pollution minimization plan or additional operating condition. (E) A commercial vessel, except a commercial fishing vessel, is prohibited from entering Glacier Bay unless the operator notifies the Bartlett Cove Ranger Station of the vessel's entry immediately upon entry or within the 48 hours before entry. (F) Off-boat activity from a commercial vessel is prohibited, unless the superintendent allows it under conditions that the superintendent establishes. (iii) Exceptions from entry permit requirement. A permit is not required to enter Glacier Bay when: (A) A motor vessel is engaged in official business of the state or federal government. (B) A private motor vessel based at Bartlett Cove is transiting between Bartlett Cove and waters outside Glacier Bay, or is operated in Bartlett Cove in waters bounded by the public and administrative docks. (C) A motor vessel is singularly launched from a permitted motor vessel and operated only while the permitted motor vessel remains at anchor, or a motor vessel is launched and operated in accordance with a concession agreement from a permitted motor vessel while that vessel is not underway. (D) A commercial fishing vessel otherwise permitted under all applicable authorities is actually engaged in commercial fishing within Glacier Bay. (E) The superintendent grants a vessel safe harbor at Bartlett Cove. (iv) Prohibitions. (A) Operating a motor vessel in Glacier Bay without a required permit is prohibited. (B) Violating a term or condition of a permit or an operating condition or restriction issued or imposed pursuant to this chapter is prohibited. (C) The superintendent may immediately suspend or revoke a permit or deny a future permit request as a result of a violation of a provision of this chapter. (v) Restrictions on vessel entry. The superintendent will allow vessel entry in accordance with the following table: ---------------------------------------------------------------------------------------------------------------- Allowable Total vessel Total vessel Type of vessel use days entries use days Period covered by limitation per day allowed allowed ---------------------------------------------------------------------------------------------------------------- Cruise ship.................................. 2 (\1\) (\1\) Year round. Tour vessel.................................. 3 ......... ......... Year round. Charter vessel............................... 6 312 552 June 1-Aug. 31. Private vessel............................... 25 468 1,971 June 1-Aug. 31. ---------------------------------------------------------------------------------------------------------------- \1\ See paragraphs (b)(2)(v) (A) through (C) of this section. (A) By October 1, 1996, the superintendent will reinitiate consultation with the National Marine Fisheries Service (NMFS) and request a biological opinion under section 7 of the Endangered Species Act. The superintendent will request that NMFS assess and analyze any effects of vessel traffic authorized by this section, on the endangered and threatened species that occur in or use Glacier Bay National Park and Preserve. (1) Based on this biological opinion, applicable authority, and any other [[Page 214]] relevant information, the director shall reduce the vessel entry and use levels for any or all categories of vessels in this section effective for the 1998 season or any year thereafter, if required to assure protection of the values and purposes of Glacier Bay National Park and Preserve. (2) The director will publish a document in the Federal Register on any revision in the number of seasonal entries and use days under this paragraph (b)(2)(v), with an opportunity for public comment. (B) By October 1, 1997, the superintendent will determine, with the director's approval, whether studies have been completed and sufficient scientific and other information has been developed to support an increase in cruise ship entries for the 1998 summer season (June 1 through August 31) while assuring protection of the values and purposes of Glacier Bay National Park and Preserve. Any increase will be subject to the maximum daily limit of two vessel use-days. If the superintendent recommends an increase, the superintendent will publish a document of the increase in the Federal Register with an opportunity for public comments. (C) By October 1 of each year (beginning in 1998), the superintendent will determine, with the director's approval, the number of cruise ship entries for the following summer season (June 1 through August 31). This determination will be based upon available scientific and other information and applicable authorities. The number will be subject to the maximum daily limit of two vessel use-days. The superintendent will publish a document of any revision in seasonal entries in the Federal Register with an opportunity for public comment. (D) Nothing in this paragraph will be construed to prevent the superintendent from taking any action at any time to assure protection of the values and purposes of Glacier Bay National Park and Preserve. (3) Operating restrictions. (i) Operating a vessel within one- quarter nautical mile of a whale is prohibited, except for a commercial fishing vessel actually trolling or setting or pulling long lines or crab pots as otherwise authorized by the superintendent. (ii) The operator of a vessel accidentally positioned within one- quarter nautical mile of a whale shall immediately slow the vessel to ten knots or less, without shifting into reverse unless impact is likely. The operator shall then direct or maintain the vessel on as steady a course as possible away from the whale until at least one- quarter nautical mile of separation is established. Failure to take such action is prohibited. (iii) Pursuing or attempting to pursue a whale is prohibited. (iv) Whale water restrictions. (A) May 15 through August 31, the following Glacier Bay waters are designated as whale waters. (1) Lower bay waters, defined as waters north of an imaginary line drawn from Point Carolus to Point Gustavus; and south of an imaginary line drawn from the northernmost point of Lars Island across the northernmost point of Strawberry Island to the point where it intersects the line that defines the Beardslee Island group, as described in paragraph (b)(3)(vii)(A)(4) of this section, and following that line south and west to the Bartlett Cove shore. (2) [Reserved] (B) June 1 through August 31, the following Glacier Bay waters are designated as whale waters. (1) Whidbey Passage waters, defined as waters north of an imaginary line drawn from the northernmost point of Lars Island to the northernmost point of Strawberry Island; west of imaginary lines drawn from the northernmost point of Strawberry Island to the southernmost point of Willoughby Island, the northernmost point of Willoughby Island (proper) to the southernmost point of Francis Island, the northernmost point of Francis Island to the southernmost point of Drake Island; and south of the northernmost point of Drake Island to the northernmost point of the Marble Mountain peninsula. (2) East Arm Entrance waters, defined as waters north of an imaginary line drawn from the southernmost point of Sebree Island to the northernmost point of Sturgess Island, and from [[Page 215]] there to the westernmost point of the unnamed island south of Puffin Island (that comprises the south shore of North Sandy Cove); and south of an imaginary line drawn from Caroline Point across the northernmost point of Garforth Island to shore. (3) Russell Island Passage waters, defined as waters enclosed by imaginary lines drawn from: the easternmost point of Russell Island due east to shore, and from the westernmost point of Russell Island due north to shore. (C) The superintendent may designate temporary whale waters and impose motor vessel speed restrictions in whale waters. Maps of temporary whale waters and notice of vessel speed restrictions imposed pursuant to this paragraph (b)(3)(iv)(C) shall be made available to the public at park offices at Bartlett Cove and Juneau, Alaska, and shall be submitted to the U.S. Coast Guard for publication as a ``Notice to Mariners.'' (D) Violation of a whale water restriction is prohibited. The following restrictions apply in designated whale waters: (1) Except on vessels actually fishing as otherwise authorized the superintendent or vessels operating solely under sail, while in transit, operators of motor vessels over 18 feet in length will in all cases where the width of the water permits, maintain a distance of at least one nautical mile from shore, and, in narrower areas will navigate in mid-channel: Provided, however, that unless other restrictions apply, operators may perpendicularly approach or land on shore (i.e., by the most direct line to shore) through designated whale waters. (2) Motor vessel speed limits established by the superintendent pursuant to paragraph (b)(3)(iv)(C) of this section. (v) Speed restrictions. (A) May 15 through August 31, in the waters of the lower bay as defined in paragraph (b)(3)(iv)(A)(1) of this section, the following are prohibited: (1) Operating a motor vessel at more than 20 knots speed through the water; or (2) Operating a motor vessel at more than 10 knots speed through the water, when the superintendent has designated a maximum speed of 10 knots (due to the presence of whales). (B) July 1 through August 31, operating a motor vessel on Johns Hopkins Inlet south of 58[deg]54.2[min]N. latitude (an imaginary line running approximately due west from Jaw Point) at more than 10 knots speed through the water is prohibited. (vi) Closed waters, islands and other areas. The following are prohibited: (A) Operating a vessel or otherwise approaching within 100 yards of South Marble Island; or Flapjack Island; or any of the three small unnamed islets approximately one nautical mile southeast of Flapjack Island; or Eider Island; or Boulder Island; or Geikie Rock; or Lone Island; or the northern three-fourths of Leland Island (north of 58[deg]39.1[min]N. latitude; or any of the four small unnamed islands located approximately one nautical mile north (one island), and 1.5 nautical miles east (three islands) of the easternmost point of Russell Island; or Graves Rocks (on the outer coast); or Cormorant Rock, or any adjacent rock, including all of the near-shore rocks located along the outer coast, for a distance of 1\1/2\ nautical miles, southeast from the mouth of Lituya Bay; or the surf line along the outer coast, for a distance of 1\1/2\ nautical miles northwest of the mouth of the glacial river at Cape Fairweather. (B) Operating a vessel or otherwise approaching within 100 yards of a Steller (northern) sea lion (Eumetopias jubatus) hauled-out on land or a rock or a nesting seabird colony: Provided, however, that vessels may approach within 50 yards of that part of South Marble Island lying south of 58[deg]38.6[min]N. latitude (approximately the southern one-half of South Marble Island) to view seabirds. (C) May 1 through August 31, operating a vessel, or otherwise approaching within \1/4\ nautical mile of, Spider Island or any of the four small islets lying immediately west of Spider Island. (D) May 1 through August 31, operating a cruise ship on Johns Hopkins Inlet waters south of 58[deg]54.2[min]N. latitude (an imaginary line running approximately due west from Jaw Point). [[Page 216]] (E) May 1 through June 30, operating a vessel or a seaplane on Johns Hopkins Inlet waters south of 58[deg]54.2[min]N. latitude (an imaginary line running approximately due west from Jaw Point). (F) July 1 through August 31, operating a vessel or a seaplane on Johns Hopkins Inlet waters south of 58[deg]54.2[min]N. latitude (an imaginary line running approximately due west from Jaw Point), within \1/4\ nautical mile of a seal hauled out on ice; except when safe navigation requires, and then with due care to maintain the \1/4\ nautical mile distance from concentrations of seals. (G) Restrictions imposed in this paragraph (b)(3)(vi) are minimum distances. Park visitors are advised that protection of park wildlife may require that visitors maintain greater distances from wildlife. See, 36 CFR 2.2 (Wildlife protection). (vii) Closed waters, motor vessels and seaplanes. (A) May 1 through September 15, operating a motor vessel or a seaplane on the following water is prohibited: (1) Adams Inlet, east of 135[deg]59.2[min]W. longitude (an imaginary line running approximately due north and south through the charted (5) obstruction located approximately 2\1/4\ nautical miles east of Pt. George). (2) Rendu Inlet, north of the wilderness boundary at the mouth of the inlet. (3) Hugh Miller complex, including Scidmore Bay and Charpentier Inlet, west of the wilderness boundary at the mouth of the Hugh Miller Inlet. (4) Waters within the Beardslee Island group (except the Beardslee Entrance), that is defined by an imaginary line running due west from shore to the easternmost point of Lester Island, then along the south shore of Lester Island to its western end, then to the southernmost point of Young Island, then north along the west shore and east along the north shore of Young Island to its northernmost point, then at a bearing of 15[deg] true to an imaginary point located one nautical mile due east of the easternmost point of Strawberry Island, then at a bearing of 345[deg] true to the northernmost point of Flapjack Island, then at a bearing of 81[deg] true to the northernmost point of the unnamed island immediately to the east of Flapjack Island, then southeasterly to the northernmost point of the next unnamed island, then southeasterly along the (Beartrack Cove) shore of that island to its easternmost point, then due east to shore. (B) June 1 through July 15, operating a motor vessel or a seaplane on the waters of Muir Inlet north of 59[deg]02.7[min]N. latitude (an imaginary line running approximately due west from the point of land on the east shore approximately 1 nautical mile north of the McBride Glacier) is prohibited. (C) July 16 through August 31, operating a motor vessel or a seaplane on the waters of Wachusett Inlet west of 136[deg]12.0[min]W longitude (an imaginary line running approximately due north from the point of land on the south shore of Wachusett Inlet approximately 2\1/4\ nautical miles west of Rowlee Point) is prohibited. (viii) Noise restrictions. June 1 through August 31, except on vessels in transit or as otherwise permitted by the superintendent, the use of generators or other non-propulsive motors (except a windless) is prohibited from 10:00 p.m. until 6:00 a.m. in Reid Inlet, Blue Mouse Cove and North Sandy Cove. (ix) Other restrictions. Notwithstanding any other provision of this part, due to the rapidly emerging and changing ecosystems of, and for the protection of wildlife in Glacier Bay National Park and Preserve, including but not limited to whales, seals, sea lions, nesting birds and molting waterfowl: (A) Pursuant to Sec. Sec. 1.5 and 1.6 of this chapter, the superintendent may establish, designate, implement and enforce restrictions and public use limits and terminate such restrictions and public use limits. (B) The public shall be notified of restrictions or public use limits imposed under this paragraph (b)(3)(ix) and the termination or relaxation of such, in accordance with Sec. 1.7 of this chapter, and by submission to the U.S. Coast Guard for publication as a ``Notice to Mariners,'' where appropriate. (C) The superintendent shall make rules for the safe and equitable use of Bartlett Cove waters and for park docks. The public shall be notified of [[Page 217]] these rules by the posting of a sign or a copy of the rules at the dock. Failure to obey a sign or posted rule is prohibited. (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. 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 3 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) The Superintendent may authorize the buying or selling of fish or fish products on or at the Public Use Dock. 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. (x) Closed waters and islands within Glacier Bay as described in paragraphs (b)(3) (iv) through (vii) of this section are described as depicted on NOAA Chart 17318 GLACIER BAY (4th Ed., Mar. 6/93) available to the public at park offices at Bartlett Cove and Juneau, Alaska. (xi) Paragraphs (b)(3) (i) through (iii) of this section do not apply to a vessel being used in connection with federally permitted whale research or monitoring; other closures and restrictions in this paragraph (b)(3) do not apply to authorized persons conducting emergency or law enforcement operations, research or resource management, park administration/supply, or other necessary patrols. (4) Marine vessel visible emission standards. Visible emissions from a marine vessel, excluding condensed water vapor, may not result in a reduction of visibility through the exhaust effluent of greater than 20 percent for a period or periods aggregating more than: (i) Three minutes in any one hour while underway, at berth, or at anchor; or (ii) Six minutes in any one hour during initial startup of diesel- driven vessels; or (iii) 12 minutes in one hour while anchoring, berthing, getting underway or maneuvering in Bartlett Cove. (5) Collection of interstadial wood. Collecting or burning interstadial wood [[Page 218]] (aged wood preserved in glacial deposits) is prohibited. (6) Collection of rocks and minerals. Collecting rocks and minerals in the former Glacier Bay National Monument is prohibited. (7) 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. (8) Camping. From May 1 through September 30, camping within Glacier Bay as defined by this section up to \1/4\ nautical mile (1519 feet) above the line of mean high tide without a camping permit is prohibited. The Superintendent may establish permit terms and conditions. Failure to comply with permit terms and conditions is prohibited. (9) 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 or fewer passengers 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. Failure to comply with permit terms and conditions is prohibited. [50 FR 19886, May 10, 1985, as amended at 61 FR 27016, May 30, 1996; 64 FR 56463, Oct. 20, 1999; 69 FR 70071, Dec. 2, 2004]