Chapter 11 — Species of Special Concern 



During consultation with the National Park Service 

 in 1983, pursuant to section 7 of the Endangered 

 Species Act, the National Marine Fisheries Service 

 advised that an increase in vessel traffic in Glacier 

 Bay above the 1976 level could jeopardize the south- 

 east Alaska stock of humpback whales. It therefore 

 recommended that, if cruise ship entries were to 

 exceed more than 20 percent of the 1976 level, 

 section 7 consultation should be re-initiated. 



Since promulgation of its temporary regulations in 

 1980, the National Park Service has gradually in- 

 creased the number of vessels permitted to enter the 

 bay during the summer whale season. In 1988, the 

 number of permitted entries for cruise ships reached 

 107 entries, which was 20 percent above the 1976 

 level and the maximum level allowed without re- 

 initiating consultation and amending existing National 

 Park Service regulations. In 1989, the National Park 

 Service considered authorizing more than 107 entries 

 but, decided not to do so, and maintained the cruise 

 ship entry level at 107. 



In 1990, however, the National Park Service autho- 

 rized 109 vessel entries, which exceeded the maxi- 

 mum level recommended by the National Marine 

 Fisheries Service and authorized under National Park 

 Service regulations. In response, the Alaska Wildlife 

 Alliance filed a complaint alleging that the National 

 Park Service had not followed applicable procedures 

 in authorizing the additional entries, that it had 

 exceeded the maximum allowable number of entries 

 established by regulations, and that it had violated the 

 National Environmental Policy Act by not preparing 

 a supplemental environmental assessment (see Chapter 

 Vn). The plaintiffs also alleged that the National 

 Park Service was impermissibly allowing commercial 

 fishing operations in the Glacier Bay National Park 

 and Preserve. Parties to this lawsuit met early in 

 1991 to begin negotiating a settlement. At the end of 

 1991, the parties had, with judicial consent, suspended 

 proceedings pending completion of negotiations. 



In 1991, the National Park Service again limited 

 cruise ships to 107 vessel entries. However, the 

 Service also initiated steps to consider a new system 

 for regulating vessel entries. By letter of 15 February 

 1991, the National Park Service forwarded to the 

 Commission copies of the "Glacier Bay National Park 



and Preserve Humpback Whale Population Monitoring 

 Data — 1990." The Service's letter advised the 

 Commission that it planned to consider modifying its 

 regulations in ways that could result in an increase in 

 cruise ship entries above the current limit of 107 

 entries. In this regard, the Service stated that it had 

 determined that the best approach for managing vessel 

 use in the bay would be to develop a vessel man- 

 agement plan and establish a citizen's steering group 

 to provide input to its development. 



The Commission subsequently received a copy of 

 the "Glacier Bay National Park and Preserve Vessel 

 Management Plan — Workbook 1" and the "Environ- 

 mental Assessment on Regulations Regarding Fisher- 

 ies in Glacier Bay National Park," both dated May 

 1991. On 18 July 1991, the Commission wrote to the 

 Service expressing its understanding that the Service 

 planned to maintain vessel entry levels for the 1991 

 whale season in Glacier Bay at 107 entries. With 

 regard to developing a vessel management plan, the 

 Commission noted that, if new regulations are con- 

 templated that could authorize an increase in vessel 

 entries above current limits, consultations with the 

 National Marine Fisheries Service pursuant to section 

 7 of the Endangered Species Act should be re-initiat- 

 ed. To ensure that such consultations are carried out 

 effectively, the Commission recommended that the 

 National Park Service informally consult with the 

 National Marine Fisheries Service before circulating 

 any draft vessel management plan for public review 

 and append the results of those consultations to the 

 draft plan circulated for review. 



By letter of 18 September 1991, the National Park 

 Service responded, indicating that it agreed with the 

 Commission's recommendations. It also noted that it 

 would provide the Commission with copies of the 

 draft vessel management plan and the results of 

 consultations with the National Marine Fisheries 

 Service when they were completed. At the end of 

 1991, the Commission had not yet received a draft 

 plan. 



Also during 1991, the National Park Service 

 published a proposed rule in the Federal Register to 

 amend its regulations regarding commercial fishing in 

 Glacier Bay. The action was taken to allow commer- 

 cial fishing to continue to be exempt from a current 



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