§ 410hh-4. — Commercial fishing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410hh-4]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-F--ALASKAN NATIONAL PARKS
Sec. 410hh-4. Commercial fishing
With respect to the Cape Krusenstern National Monument, the
Malaspina Glacier Forelands area of Wrangell-Saint Elias National
Preserve and the Dry Bay area of Glacier Bay National Preserve, the
Secretary may take no action to restrict unreasonably the exercise of
valid commercial fishing rights or privileges obtained pursuant to
existing law, including the use of public lands for campsites, cabins,
motorized vehicles, and aircraft landings on existing airstrips,
directly incident to the exercise of such rights or privileges except
that this prohibition shall not apply to activities which the Secretary,
after conducting a public hearing in the affected locality, finds
constitute a significant expansion of the use of park lands beyond the
level of such use during 1979.
(Pub. L. 96-487, title II, Sec. 205, Dec. 2, 1980, 94 Stat. 2384.)
Glacier Bay National Park Resource Management
Pub. L. 106-455, Nov. 7, 2000, 114 Stat. 1953, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Glacier Bay National Park Resource
Management Act of 2000'.
``SEC. 2. DEFINITIONS.
``As used in this Act--
``(1) the term `local residents' means those persons living
within the vicinity of Glacier Bay National Park and Preserve,
including but not limited to the residents of Hoonah, Alaska, who
are descendants of those who had an historic and cultural tradition
of sea gull egg gathering within the boundary of what is now Glacier
Bay National Park and Preserve;
``(2) the term `outer waters' means all of the marine waters
within the park outside of Glacier Bay proper;
``(3) the term `park' means Glacier Bay National Park;
``(4) the term `Secretary' means the Secretary of the Interior;
and
``(5) the term `State' means the State of Alaska.
``SEC. 3. COMMERCIAL FISHING.
``(a) In General.--The Secretary shall allow for commercial fishing
in the outer waters of the park in accordance with the management plan
referred to in subsection (b) in a manner that provides for the
protection of park resources and values.
``(b) Management Plan.--The Secretary and the State shall cooperate
in the development of a management plan for the regulation of commercial
fisheries in the outer waters of the park in accordance with existing
Federal and State laws and any applicable international conservation and
management treaties.
``(c) Savings.--(1) Nothing in this Act shall alter or affect the
provisions of section 123 of the Department of the Interior and Related
Agencies Appropriations Act for Fiscal Year 1999 (Public Law 105-
277)[set out as a note below], as amended by section 501 of the 1999
Emergency Supplemental Appropriations Act (Public Law 106-31).
``(2) Nothing in this Act shall enlarge or diminish Federal or State
title, jurisdiction, or authority with respect to the waters of the
State of Alaska, the waters within Glacier Bay National Park and
Preserve, or tidal or submerged lands.
``(d) Study.--(1) Not later than one year after the date funds are
made available, the Secretary, in consultation with the State, the
National Marine Fisheries Service, the International Pacific Halibut
Commission, and other affected agencies shall develop a plan for a
comprehensive multi-agency research and monitoring program to evaluate
the health of fisheries resources in the park's marine waters, to
determine the effect, if any, of commercial fishing on--
``(A) the productivity, diversity, and sustainability of fishery
resources in such waters; and
``(B) park resources and values.
``(2) The Secretary shall promptly notify the Committee on Energy
and Natural Resources of the United States Senate and the Committee on
Resources of the United States House of Representatives upon the
completion of the plan.
``(3) The Secretary shall complete the program set forth in the plan
not later than seven years after the date the congressional committees
are notified pursuant to paragraph (2), and shall transmit the results
of the program to such committees on a biennial basis.
``SEC. 4. SEA GULL EGG COLLECTION STUDY.
``(a) Study.--The Secretary, in consultation with local residents,
shall undertake a study of sea gulls living within the park to assess
whether sea gull eggs can be collected on a limited basis without
impairing the biological sustainability of the sea gull population in
the park. The study shall be completed no later than two years after the
date funds are made available.
``(b) Recommendations.--If the study referred to in subsection (a)
determines that the limited collection of sea gull eggs can occur
without impairing the biological sustainability of the sea gull
population in the park, the Secretary shall submit recommendations for
legislation to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the United States
House of Representatives.
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated such sums as are necessary
to carry out this Act.''
Commercial Fishing in Glacier Bay National Park
Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 123], Oct. 21,
1998, 112 Stat. 2681-231, 2681-259, as amended by Pub. L. 106-31, title
I, Sec. 501(a)-(c), May 21, 1999, 113 Stat. 72, 73, provided that:
``(a) General.--
``(1) The Secretary of the Interior and the State of Alaska
shall cooperate in the development of a management plan for the
regulation of commercial fisheries in Glacier Bay National Park
pursuant to existing State and Federal statutes and any applicable
international conservation and management treaties. Such management
plan shall provide for commercial fishing in the marine waters
within Glacier Bay National Park outside of Glacier Bay Proper, and
in the marine waters within Glacier Bay Proper as specified in
paragraphs (a)(2) through (a)(5), and shall provide for the
protection of park values and purposes, for the prohibition of any
new or expanded fisheries, and for the opportunity for the study of
marine resources.
``(2) In the nonwilderness waters within Glacier Bay Proper,
commercial fishing shall be limited, by means of non-transferable
lifetime access permits, solely to individuals who--
``(A) hold a valid commercial fishing permit for a fishery
in a geographic area that includes the nonwilderness waters
within Glacier Bay Proper;
``(B) provide a sworn and notarized affidavit and other
available corroborating documentation to the Secretary of the
Interior sufficient to establish that such individual engaged in
commercial fishing for halibut, tanner crab, or salmon in
Glacier Bay Proper during qualifying years which shall be
established by the Secretary of the Interior within one year of
the date of the enactment of this Act [Oct. 21, 1998]; and
``(C) fish only with--
``(i) longline gear for halibut;
``(ii) pots or ring nets for tanner crab; or
``(iii) trolling gear for salmon.
``(3) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no fishing
shall be allowed in the West Arm of Glacier Bay Proper (West Arm)
north of 58 degrees, 50 minutes north latitude, except for trolling
for king salmon during the period from October 1 through April 30.
The waters of Johns Hopkins Inlet, Tarr Inlet and Reid Inlet shall
remain closed to all commercial fishing.
``(4) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no fishing
shall be allowed in the East Arm of Glacier Bay Proper (East Arm)
north of a line drawn from Point Caroline, through the southern end
of Garforth Island to the east side of Muir Inlet, except that
trolling for king salmon during the period from October 1 through
April 30 shall be allowed south of a line drawn across Muir Inlet at
the southernmost point of Adams Inlet.
``(5) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no fishing
shall be allowed in Geikie Inlet.
``(b) The Beardslee Islands and Upper Dundas Bay.--Commercial
fishing is prohibited in the designated wilderness waters within Glacier
Bay National Park and Preserve, including the waters of the Beardslee
Islands and Upper Dundas Bay. Any individual who--
``(1) on or before August 1, 1999, provides a sworn and
notarized affidavit and other available corroborating documentation
to the Secretary of the Interior sufficient to establish that he or
she has engaged in commercial fishing for Dungeness crab in the
designated wilderness waters of the Beardslee Islands or Dundas Bay
within Glacier Bay National Park pursuant to a valid commercial
fishing permit in at least six of the years during the period 1987
through 1998;
``(2) at the time of receiving compensation based on the
Secretary of the Interior's determination as described below--
``(A) agrees in writing not to engage in commercial fishing
for Dungeness crab within Glacier Bay Proper;
``(B) relinquishes to the State of Alaska for the purposes
of its retirement any commercial fishing permit for Dungeness
crab for areas within Glacier Bay Proper;
``(C) at the individual's option, relinquishes to the United
States the Dungeness crab pots covered by the commercial fishing
permit; and
``(D) at the individual's option, relinquishes to the United
States the fishing vessel used for Dungeness crab fishing in
Glacier Bay Proper; and
``(3) holds a current valid commercial fishing permit that
allows such individual to engage in commercial fishing for Dungeness
crab in Glacier Bay National Park,
shall be eligible to receive from the United States compensation that is
the greater of (i) $400,000, or (ii) an amount equal to the fair market
value (as of the date of relinquishment) of the commercial fishing
permit for Dungeness crab, together with an amount equal to the present
value of the foregone net income from commercial fishing for Dungeness
crab for for [sic] the period beginning January 1, 1999 that is
equivalent in length to the period established by such individual under
paragraph (1), based on the individual's net earnings from the Dungeness
crab fishery during such established period. In addition, such
individual shall be eligible to receive from the United States fair
market value for any Dungeness crab pots, related gear, and not more
than one Dungeness crab fishing vessel if such individual chooses to
relinquish to the United States such pots, related gear, or vessel. Any
individual seeking such compensation shall provide the consent necessary
for the Secretary of the Interior to verify such net earnings in the
fishery. The Secretary of the Interior's determination of the amount to
be paid shall be completed and payment shall be made within six months
from the date of application by the individuals described in this
subsection and shall constitute final agency action subject to review
pursuant to the Administrative Procedures [Procedure] Act [5 U.S.C. 551
et seq.; 701 et seq.] in the United States District Court for the
District of Alaska.
``(c) Others Affected by Fishery Closures and Restrictions.--The
Secretary of the Interior is authorized to provide $23,000,000 for a
program developed with the concurrence of the State of Alaska to fairly
compensate United States fish processors, fishing vessel crew members,
communities, and others negatively affected by restrictions on fishing
in Glacier Bay National Park. For the purpose of receiving compensation
under the program required by this subsection, a potential recipient
shall provide a sworn and notarized affidavit to establish the extent of
such negative effect.
``(d) Definition and Savings Clause.--
``(1) As used in this section, the term `Glacier Bay Proper'
shall mean the marine waters within Glacier Bay, including coves and
inlets, north of a line drawn from Point Gustavus to Point Carolus.
``(2) Nothing in this section is intended to enlarge or diminish
Federal or State title, jurisdiction, or authority with respect to
the waters of the State of Alaska, the waters within the boundaries
of Glacier Bay National Park, or the tidal or submerged lands under
any provision of State or Federal law.
``(e) Implementation and Effective Date.--The Secretary of the
Interior shall publish an interim final rule for the Federal
implementation of paragraphs (2) through (5) of subsection (a) and shall
provide an opportunity for public comment of no less than 45 days on
such interim final rule. The final rule for the Federal implementation
of paragraphs (2) through (5) of subsection (a) shall be published in
the Federal Register no later than September 30, 1999 and shall take
effect on September 30, 1999, except that the limitations in paragraphs
(3) through (5) of such subsection shall not apply with respect to
halibut fishing until November 15, 1999 or salmon troll fishing until
December 31, 1999. In the event that any individual eligible for
compensation under subsection (b) has not received full compensation by
June 15, 1999, the Secretary shall provide partial compensation on such
date to such individual and shall expeditiously provide full
compensation thereafter.''
