| ||||
|
Other GovNotes on Art, Copyright and Internet topics! Topics: |
Everglades National Park
Special Regulations
National Park Service On December 21, 1992 the National Park Service (NPS) published in the Federal Register (FR 57 60496) a proposed rule changing the special regulations for Everglades National Park. The final rule completely revises the special regulations for the park. The rule achieves consistency with State fishing rules and allows the park to adopt State fishing regulations. It more closely regulates the activities of commercial guide fishing and redefines ``commercial fishing'' to include the taking of sponges and other non-edible marine life. The final rule allows the NPS to take a more proactive role in its mission to protect and conserve natural and cultural resources and gives the Superintendent more specific authority to regulate fishing and boating. It prohibits the use of personal watercraft, closes accessible marine wilderness areas to the use of motorized vessels and allows for better management of wildlife habitat sites. The rule also deletes existing obsolete regulations from the Code of Federal Regulations pertaining to mining and commercial fishing. American Crocodile On September 25, 1975, the American crocodile was placed on the Federal list of endangered species. On February 15, 1980, the NPS closed the following areas within Everglades National Park to public entry: Little Madeira Bay, Taylor River, East Creek, Mud Creek, Davis Creek, Joe Bay, Snag Bay, and all creeks inland from Long Sound to U.S. Highway 1. Though not so named in the regulations, they became known collectively as the ``crocodile sanctuary.'' Prior to the complete closure, the sanctuary had been closed to the public during nesting season. Studies done before the closure showed the sanctuary to be the most active area, the ``core'' of nesting activity by the American crocodile. Further studies showed that the sanctuary was the most productive area for hatchlings in the Park. Of the estimated 300-400 crocodiles in south Florida, about 200-300, or as much as 75%, are found in Everglades National Park. Of the estimated 30 breeding females within the south Florida population, about 18-20, or roughly two-thirds are found in Everglades National Park. The U.S. Fish and Wildlife Service, the lead agency in administration of the Endangered Species Act, developed a recovery plan for the American crocodile. It lists 60 breeding females in the south Florida population among its criteria for changing the status of the species from endangered to threatened; the time frame to reach that level, under present conditions, is 20-30 years. Given (1) the high percentages of overall numbers and breeding females within the park, and (2) the high survival rate of hatchlings in the sanctuary areas, it follows that management actions taken by the NPS that impact crocodiles within the park, particularly the sanctuary, will significantly affect the species as a whole. A NPS study entitled ``A Draft Assessment of Recreational Boating and its Potential Impact on Resources Within the Crocodile Sanctuary of Everglades National Park'' (1992), proposed a plan whereby the crocodile sanctuary could be opened to varying degrees to public access. The study concluded the sanctuary could be opened under a specific set of criteria, including the establishment of ``no wake'' zones for the protection of young crocodiles, regulatory signing, monitoring of population numbers and condition in the sanctuary, increased law enforcement patrols to protect the animals and maintain ``no wake'' areas, controlled regular trimming of opened creek areas, and development of a schedule for opening and closing parts of the sanctuary, relative to breeding, nesting and hatching activity. The U.S. Fish and Wildlife Service, in an informal consultation, concluded the sanctuary could be opened without endangering the American crocodile, provided the NPS implemented and enforced the protective measures outlined in the assessment. On September 15, 1993, a paper entitled ``Deterioration of the Florida Bay Ecosystem: An Evaluation of the Scientific Evidence,'' was published. It included a summary of the manifestations of deterioration, such as seagrass and mangrove die-offs, algal blooms, increased salinity in the bay, reduction of bird and fish populations, and changes in American crocodile nesting patterns. The consensus of the six scientists on the evaluation panel is that the deterioration process is complex and its mechanics are not yet understood. They cautioned against making major policy and management decisions with the inadequate amount of existing information available. Based on available information and comment, the areas colloquially known as the ``crocodile sanctuary'' will remain closed for the following reasons: 1. Funding to support enforcement of seasonal closures and no-wake zones, regular patrols, adequate resource management monitoring, installation and maintenance of signs and trimming of vegetation along opened creeks in the sanctuary areas, which are criteria necessary for protection of the American crocodile is not available. 2. Aerial manatee surveys done in 1980/81 showed no animals in the sanctuary area. Recently, they have been shown to be using the closed area for activities sensitive to disturbance, such as calving. The significance of the new activity relative to the status of the endangered manatee has not yet been determined. 3. The closed areas, in their present state, contribute significantly to the recovery of the American crocodile. Because part of the recovery plan is to attain 60 reproducing females, any area that supports a vital hatchery should be protected. Saltwater Fisheries Pursuant to Chapter 80-162, Laws of Florida, a Saltwater Fisheries Study and Advisory Council was appointed by the Governor to recommend to the State Legislature a comprehensive saltwater fishery conservation and management policy. In keeping with this charge, the Council holds public hearings and drafts rules to govern fishing activities within the fisheries of the State of Florida. To date, rules have promulgated setting seasons, size limits, and bag limits for various species of saltwater game fish. However, there is concern among fishermen, the park, and the State over the apparent conflict of bag limits set by the Council and those prescribed in the existing regulations which limits possession to ten (10) fish of one species, excluding bait fish, and a total of no more than twenty (20) fish of all species. Specifically, in the cases of such popular and stressed species as snook, tarpon, red drum, bonefish, grouper, snapper, and tarpon, the State of Florida has acted, based on professional fisheries management principles, to restrict possession of these species to limits far lower than the park's ten fish per species limit. The National Park Service does not wish to retain unmodified, a regulation that conflicts with such State regulatory actions, and fails to provide appropriate protection to species under great fishing pressure. Everglades National Park has been closed to personal watercraft through 36 CFR 1.5(a)(1) (Closures and Public Use Limits) for a number of years. The purpose for which the park was established, to protect a unique natural system, made activities such as water skiing and use of personal watercraft incompatible with preserving wilderness qualities such as serenity. Because the closure to personal watercraft will become permanent with this rulemaking, the closure will now become a part of Sec. 7.45. Mining The NPS has revised the special regulations of the park in order to, among other things, delete obsolete mining rules found in the special regulations for Everglades National Park. Provisions of the acts of October 10, 1949 (63 Stat. 733), and July 2, 1958 (72 Stat. 280), which will be referred to as ``the acts of 1949 and 1958'', allowed mineral owners within Everglades National Park to explore for and develop their mineral properties until October 9, 1967. The acts of 1949 and 1958 also provided that if any production of oil or gas occurred during that period, the right to explore and develop would be extended for all mineral owners for the life of such production. At least four exploratory oil and gas wells were drilled during this period, but no discovery was made and no production occurred. Therefore, the provision allowing these activities expired on October 9, 1967. The acts of 1949 and 1958 also provided that former mineral owners were entitled to customary royalties from any production of their former mineral properties should the Federal government so authorize anytime before January 1, 1965. The Federal government made no authorizations. The National Park Service adopted special regulations found in 36 CFR 7.45(a) ``to govern the exploration, development, extraction, and removal of oil, gas, and other minerals on lands acquired for Everglades National Park.'' The suspense dates authorized by the acts of 1949 and 1958 for former mineral owners to explore or develop their properties or to benefit from any production by the Federal government have passed. Through the Everglades National Park Protection and Expansion Act of 1989, (Pub.L. 101-229) approximately 107,400 acres, known as ``East Everglades'' was included inside the park. The tract is a mosaic of park-owned and private land. Because of the still formative stage of the addition and language contained within the Act, regulations relating to off-road conveyances fall outside the scope of these special regulation changes, and will be deferred until a later date. Summary of Comments The National Park Service has carefully considered all comments received and in some cases, adopted suggestions made. In addition, a critical review of the content and format of the proposed regulations was done; they were edited and reorganized as a result, but significant changes in substance did not occur. Those comments and reasons for accepting or rejecting them, and the changes are included below. The Service received one comment regarding the change in the definition, under Sec. 7.45(c)(6), ``guide fisherman.'' The respondent was concerned because of the deletion of ``interpretation of natural resources;'' his main activity was interpretive trips as opposed to fishing services. The proposed definition will stand, as the guide fisherman permit system is designed to regulate fishing activity at Everglades National Park. Commercial interpretive services, i.e., tours, will be regulated through the concessions management program. Kawasaki Motors Corporation, U.S.A. commented on the definition of ``personal watercraft,'' objecting to the phrase ``thrill craft.'' The Service agrees, and the definition has been rewritten. Definitions used by the personal watercraft industry and the States of Texas and Florida were incorporated. Industry trade names, which are used colloquially to describe personal watercraft, were added to give focus to the definition. One comment was received regarding the definition of ``ornamental tropical fish'' (Sec. 7.45(d)(10)), pointing out the limitations of the definition. The definition and reference were eliminated. It was meant to separate sport fishing from the action of collection of tropical fish, a much different activity, but failed to include a comprehensive listing of all tropical species in Everglades National Park. The phrase ``and live in close relationship with coral communities'' did not reflect habitat in Everglades National Park, where tropical fish live in association with seagrass, mangroves and sponges. The revision of fishing restrictions, Sec. 7.45(d) (1) and (2), eliminates the need to define and control the taking of tropical fish in this special regulation. Three comments were received from guide fishermen on proposed Sec. 7.45(e)(12)(iii) during the comment period; one opposed and two favored the change. The new regulation would have restricted the number of fish aboard guide boats to the bag limit per person multiplied by the number of customers on board, meaning each fish caught by a fish guide would reduce the bag limit for his clients by one fish. One newspaper article was written about the proposed change. Four other verbal comments, two in favor and two against, were received outside the comment period. One respondent wrote that fish guides who did business from inside the park did not have the same opportunity as guides who were based outside the boundary to catch fish for personal consumption. The written and verbal comments in favor were simply expressions of support for the rule. The newspaper article cited vulnerability of sea trout as habitat shrank and the need to protect population numbers as a reason for the restriction of bag limits on guide fishing boats. The final rule has been changed to include bag limits under Sec. 7.45(d) (1) and (2) which apply to guide fishermen. These limits will be reviewed and changed annually as needed. Section 7.45(e)(12)(iii), is therefore, eliminated from the final rule. In 1989, the public became aware the NPS was considering opening the crocodile sanctuary. Everglades received written comments from 11/ 89 through 1/90 that supported returning to conditions before the 1980 closure, i.e., closure of the sanctuary only during the crocodile nesting season. Fifteen people wrote to comment in favor of opening the sanctuary. Four people specifically mentioned closing the area during nesting season. Three of the four commented that ``recent studies'' had shown no reason to maintain a complete closure. Ten of the fifteen writers asked the area be opened for fishing and sightseeing. Reasons given for opening the area were as follows: eight people wanted it opened so they could use the area, one person asked it be opened, giving no reason; and one person asked it be opened because it was more convenient than other areas he fished. In addition to letters, there were two petitions signed by a total of 194 people. The petitions asked ``to see the closed creeks and lakes of Northeast Florida Bay opened for fishing and sightseeing, as they once were.'' ``A Draft Assessment of Recreational Boating and its Potential Impact on Resources Within the Crocodile Sanctuary of Everglades National Park'' was released for public comment in 1992 and generated extensive written comments. Twenty-five private individuals and ten representatives from State and Federal Agencies and academic institutions sent comments. A list of those agencies and institutions who commented are listed below: National Park Service National Oceanographic and Atmospheric Administration (NOAA) U.S. Fish and Wildlife Service (FWS) Florida Freshwater Fish and Game Commission Florida Department of Natural Resources Cooperative Fish and Wildlife Research Unit, University of Florida Department of Biological Sciences, Public University at Miami Department of Natural Resources, Dade County, Florida Sixteen private individuals mentioned only the Taylor River area asking it be opened to the public. Eleven of them gave the remoteness of the area as a reason for opening it, ten saying the fishing pressure there would be ``minimal.'' The remaining five asked to be able to fish there. The remaining nine letters asked to open the sanctuary area. Five of the nine commented the area had been closed too long, one asked the area be opened on a one-year trial basis, one felt the crocodile was no longer endangered, one said Everglades National Park should be opened to fishing instead of closed as it is now, and one asked merely for the seasonal opening plan. Comment from public agencies fell into three basic categories. The FWS and NOAA supported the assessment as it was written. The Florida Freshwater Fish and Game Commission supported the plan, with the following modifications: (1) Increase the length of the seasonal closure by two weeks, beginning in February instead of March; (2) Correct a comment relating to crocodile habituation to human presence; (3) List prohibited recreational activities in the sanctuary areas; (4) Restrict use of the areas to daylight only; (5) Expand monitoring before and after open periods. The remaining agencies took the position that the assessment did not include sufficient scientific information to justify opening the sanctuary area. The Florida DNR was concerned about the effect of the opening on manatees; they asked for a delay in implementation until a manatee protection plan was completed. The two universities expressed the feeling that protection of the sanctuary was critical to recovery of the species; they voiced concern that opening the area would have unacceptable impact on the crocodile recovery. The remaining agency comments recommended more detailed study before opening the area was considered. The lack of research in relation to the impact of human intrusion on crocodile reproduction was cited in two of the responses. Seven of the comments asked for a more conservative approach with respect to opening the sanctuary area. Two written comments were received regarding the proposal to substitute existing Sec. 7.45(g), relating to the specific closure of the area known as the ``crocodile sanctuary,'' with a broader authority in proposed Sec. 7.45(e)(1), which would allow for the opening or closing of areas in the park as needed. One was from an NPS employee and one from a local organized fishing guide association. One NPS employee questioned the need to place any closure statute in Sec. 7.45, as he felt it was adequately covered by 1.5. The fish guide association made a general statement about the need to close certain critical areas, and asked for the opportunity to express their feelings about any proposed closures. The writer also commented that the proposed special regulations were ``important steps in a continued march toward conservation and preservation of Park resources and improved fisheries management.'' The closed areas for ``saltwater fisheries'' will remain closed under the authority found at 36 CFR 1.5, for the following reasons: 1. Flexibility: The closure will be reviewed on an annual basis, in order to be more responsive to technical information from the scientific community. Although the same scientific criteria must be met whether the closure is authorized under 36 CFR 1.5 or 36 CFR 7.45, it will be easier to manage small individual closure areas without affecting the status of the entire closure. Any areas that are opened will be subject to full compliance scrutiny by FWS as well as the research center at Everglades National Park. For example, with proper research and documentation, one section of the area may be opened to public access, while another area discovered critical to crocodile survival may be closed. 2. Changing conditions: The present sanctuary area is a fixed physical area, which may not always contain the critical reproductive areas of the crocodile population. Under Sec. 1.5, it will be easier to adjust the closed areas as the focus of the high success population changed. 3. Uniformity: Protection of any endangered species, while dependent on the unique characteristics of the individual species, is managed under uniform resources management policies and principles. The NPS goal is to provide the maximum level of protection for all species within Everglades National park; one of those species is the American crocodile. Any other future area closures for benefit of the crocodile should be perceived as equally important to the recovery of the species, and as having received the same high level of consideration as those presently closed. The term ``sanctuary'' implies a high level of protection; anything that is closed but not called a sanctuary may be thought to have less priority or importance with respect to protection efforts. One comment was received asking if Sec. 7.45(e)(7) allowed boats up to, but including 6 horsepower. The rule reads that boats with motors up to and including 6 horsepower are allowed under the specified conditions. One comment was received from Kawasaki Motors Corporation, U.S. regarding proposed prohibition of personal watercraft in Everglades National Park. The company's position: Exclusion of personal watercraft from the park is discriminatory and ``arbitrary, capricious, and without basis in fact.'' They put forth three main arguments: (1) U.S. Coast Guard regulations classify personal watercraft as Class A motorboats, along with all other motorized vessels fitting the criteria, the NPS adopts Coast Guard regulations, which must be complementary to and not in derogation of U.S. Guard regulations, therefore NPS regulation (exclusion) of personal watercraft apart from other Class A motorboats is not legal; (2) ``Although reasons exist for excluding all motorized vessels from areas of emergency vegetation and areas frequented by feeding birds, no such justification has been or could be provided for prohibiting personal watercraft in areas where other Class A motorboats are permitted;'' (3) There have been no studies that specifically deal with the impact of personal watercraft on natural areas, as differentiated from other motorized vessels. Section 1a-2(h) of 16 United States Code gives the NPS authority to regulate boating activity within areas of the National Park System, ``including areas subject to the jurisdiction of the United States.'' It goes on the say, however, ``That any regulations adopted * * * shall be complementary to and not in derogation of the authority of the U.S. Coast Guard to regulate the use of waters subject to the jurisdiction of the United States.'' Interpretation of that section is included under the Legislative History (Pub.L. 95-458) House Report No. 94-1569, September 16, 1976, pages 4290 through 4311. The background section of the history says ``Secretary (of the interior) is specifically authorized to promulgate and enforce regulations concerning boating * * *'' It is further interpreted by the Department of the Interior, Office of the Secretary, pg. 4299, to mean ``such regulations would be promulgated for the purposes of * * * protecting the natural, wildlife, cultural and historical resources.'' The U.S. Coast Guard, while objecting to the exact wording of the statute, agreed with the principle: ``This Department (Transportation) has no objection to the Secretary of the Interior promulgating regulations relating to operational matters on waters within areas of the National Park System.'' The Department of Transportation went on to say that it was concerned about conflicting regulations in certain areas. To clarify that position, they suggested the following text, based on their interpretation of the U.S. Coast Guard mission: ``Promulgate and enforce regulations concerning boating operations and other activities on or relating to waters located within areas of the National Park System * * * Provided that any regulations concerning (1) boat design, safety and numbering, (2) vessel documentation and inspection, and (3) Rules for the Prevention of Collisions shall be promulgated under this subsection (read 16 USC 1-2a(h)) only with the concurrence of the Secretary (of Transportation) * * *'' The exclusion of a type of vessel or activity, then, does not fall under an area for which the U.S. Coast Guard reserves judgement, but for which the Department of Interior says is necessary for `` * * * protecting the natural, wildlife * * * resources.'' The argument of legality is not applicable in this case. The 1934 Act of Congress that created Everglades National Park directs: ``The said area or areas shall be permanently preserved as wilderness, and no development of the project (park) or plan for the entertainment of the visitors shall be undertaken which will interfere with the preservation intact of the unique flora and fauna and the essential primitive natural conditions now prevailing in this area.'' (16 U.S.C. 410c.) The park's significance is reinforced by designation from the United Nations Education, Scientific and Cultural Organization (UNESCO) as an International Biosphere Reserve. Further, it possesses such ``outstanding universal value as part of the world's natural heritage'' that it carries the status of a World Heritage Site. Under the World Heritage Convention, the United States Government has treaty obligations to take necessary actions to protect the park. In December, 1993, the Convention added Everglades National Park to its list of endangered areas. The NPS publication ``Management Policies'' (1988) states: ``All proposals for parks uses will be evaluated in terms of their consistency with all applicable legislation * * * as well as their actual and potential effects on park values, purposes and resources'' (Chapter 8:1). A NPS study titled ``A Review of Personal Watercraft and their Potential Impact on the Natural Resources of Everglades National Park'' found potential negative impact on the park by personal watercraft. In addition, the management plan for the Great White Heron and Key Deer National Wildlife Refuges contains information based on five years' observation of personal watercraft activity in those areas by a Fish and Wildlife Service biologist. He observed differences in the behavior and use of personal watercraft, as opposed to other motorboats: They tended to travel in groups of 2-5 vessels, and occasionally 15 or more; they travel at high speed, make repeated circuits in a concentrated area; and make repeated circles, in shallow water, around small islands. In one case, a personal watercraft ran circuits near an osprey nest for one hour, chasing the bird away from its nest and eggs 11 times. ``Management Policies'' further states: ``The National Park Service will encourage recreational activities * * * that are also consistent with the protection of the resources, and that are compatible with other visitor uses'' (Chapter 8:2). It goes on to say: ``* * * because of differences in individual park enabling legislation and resources and differences in the missions of the National Park Service and other federal agencies, an activity that is entirely appropriate when conducted in one location may be inappropriate if conducted in another'' (Chapter 8:2-3). That is, the use of a personal watercraft in a recreation area that, as one of its primary missions, provides a water environment to support a wide variety of water oriented recreational activity, may be appropriate under its enabling legislation and management policies. Conversely, Everglades National Park, with its mission to conserve a distinctive natural ecosystem, has a different focus. Appropriate recreation and visitor use must be consistent with the purpose for which the park exists. For example, most keys in the Florida Bay area of the park are closed to public entry, for the protection of animal and plant life. Visitor enjoyment of personal watercraft is dependent on the presence or absence of suitable water resources, which may be found in a great variety of locations. The realization of the Service's goal to provide for recreational use of a natural area balanced against the preservation of the combination of tangible and intangible features that constitute Everglades National Park is best served with the exclusion of personal watercraft. Modification of the Proposed Regulations The definition of ``commercial fishing,'' proposed Sec. 7.45(d)(3) and renumbered Sec. 7.45(c)(3), is revised to include freshwater species, because the park contains a significant freshwater aquatic resource used by visitors. The definition of ``hovercraft,'' Sec. 7.45(d)(6) is eliminated, as 36 CFR 1.4 includes a definition of hovercraft under ``aircraft.'' The definitions for ``mullet,'' ``shrimp'' and ``spiny lobster'' are eliminated from proposed Sec. 7.45(d) (Definitions), and will be covered under 36 CFR 1.5 as set forth in Sec. 7.45(d)(2) (Fishing). Proposed Sec. 7.45(e) was renumbered Sec. 7.45(d) (Fishing) and rewritten to allow, as in most State fisheries management systems, annual review of fishing restrictions. The change more clearly realizes the intent and effect of the proposed rule, which is to permit the park to closely conform to State law. This includes yearly changes, as much as possible, but also reflects current NPS natural resources management mandates, which may require some fishing restrictions to be stricter than state law, in order to address specific threats to the Everglades National Park biological system. The change eliminates proposed Sec. 7.45(e)(12) (Fishing), because the finalized regulation found at Sec. 7.45(d) (Fishing) includes bag limits. Section 2.3(d)(4) prohibits commercial fishing unless authorized by statute. With the adoption of this final rule, all regulations relating to commercial fishing within Everglades National Park are eliminated. Therefore, commercial fishing references have been eliminated because they are unnecessary. Proposed Sec. 7.45(e)(6) (Fishing) and Sec. 7.45(e)(9) (Fishing) are eliminated, as Sec. 7.45(d)(2) (Fishing) addresses bag limits and species that may be taken. At present, the State of Florida, for health reasons, has closed most of the waters of the park to the taking of oysters. The Superintendent used discretionary authority found at 1.5 for a closure to oyster fishing until the state classifies park waters or parts thereof as ``approved'' for oysters. Without the modification, it may appear Sec. 7.45 allows taking oysters, while discretionary authority invoked under 1.5 prohibits it. As changed, the final rule may allow the taking of oysters at a future time, subject to current restrictions. It also allows for changing the status of finfish, shrimp and bait species when the need for protection changes. Proposed Sec. 7.45(e)(13) (Fishing) is renumbered as Sec. 7.45(d)(8) (Fishing) and revised by deleting the sentences ``All fish which do not meet size or species * * *'' and ``The intentional disturbing * * *'' These sentences merely duplicate the intent of 2.3(d)(7). Proposed Sec. 7.45(e)(14) (Fishing), renumbered as Sec. 7.45(d)(7) (Fishing) is revised for clarity, and to allow for the possibility that other fish cleaning facilities may be developed within the park. Proposed Sec. 7.45(e)(15) (Fishing) has been edited and renumbered as Sec. 7.45(d)(8) (Fishing). Proposed Sec. 7.45(f)(4) (Boating) is amended as Sec. 7.45(e)(5) (Boating) to identify the Act of Congress, Pub. L. 95-625, as the authority for the creation of the wilderness area cited. When written in the proposed rule, it appeared that Sec. 7.45 itself was establishing the named areas as wilderness, as evidenced by the phrase ``the following coastal areas are designated wilderness.'' Proposed Sec. 7.45(f)(6) (Boating) is edited and renumbered as Sec. 7.45(e)(7) (Boating). Proposed Sec. 7.45(f)(7) (Boating) is edited and renumbered as Sec. 7.45(e)(2) (Boating). Proposed Sec. 7.45(f)(8) (Boating) is eliminated as redundant. Proposed Sec. 7.45(f)(10) (Boating), prohibition of hovercraft, is deleted in the final rule, because 36 CFR 2.18(e) already addresses that issue. New Sec. 7.45(f) (Violations) is added as a general statement that covers all provisions of Sec. 7.45, consolidating a number of ``* * * is prohibited'' statements. Drafting Information The following persons participate in the writing of the final rule: Mark Lewis, Gulf Island National Seashore (formerly of Everglades National Park), and Larry Belli, Elaine Hall, Reed Detring and Philip A. Selleck, Everglades National Park. Paperwork Reduction Act The information collection requirements contained in the rule have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance #1024-0026. Compliance with Other Laws This rule was not subject to office of Management and Budget review under Executive Order 12866. The Service has determined that this rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This conclusion is based on the fact that the deletion of obsolete and duplicate regulations will have no economic effect. The fishing regulation changes would be minimal, with no negative impact on fishing related industries adjacent to Everglades National Park. Lower bag limits will improve the available stock in park waters, and consistency with State rules will avoid confusion among visitor fishing in park waters. The Service has determined that this rulemaking will not have a significant effect on the quality of the human environment, health and safety. In accordance with the procedural requirements of the National Environment Policy Act (NEPA) and the Departmental regulations 516 DM 6, a categorical exclusion has been granted. This rulemaking does affect public access to habitat of the American crocodile, an endangered species. Pursuant to Section 7 requirements of the Endangered Species Act, the National Park Service has consulted with the U.S. Fish and Wildlife Service regarding the proposed changes in the crocodile sanctuary. The U.S. Fish and Wildlife Service has concurred with these proposals. List of Subjects in 36 CFR Part 7 National parks; Reporting and record-keeping requirements. For the reasons set out in the preamble, Title 36, Chapter I, 7.45 of the Code of Federal Regulations is revised to read as follows: PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM 1. The authority citation for Part 7 continues to read as follows: Authority: 16 U.S.C. 1, 3, 9a 462(k). 2. Section 7.45 is revised as follows: Sec. 7.45 Everglades National Park. (a) Information collection. The information collection requirements contained in this section have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et.seq., and assigned clearance number 1024-0026. This information is being collected to solicit information necessary for the Superintendent to issue permits used to grant administrative benefits. The obligation to respond is required in order to obtain a benefit. (b) Prohibited conveyances. Only hand-propelled vessels may be operated upon those areas of emergency vegetation commonly called marshes, wetlands, or ``the glades.'' Operation of a motorized vessel in such areas is prohibited. (c) Definitions. The following definitions shall apply to this section: (1) Ballyhoo means a member of the genus Hemiramphus (family: Exocoetidae). (2) Cast net means a type of circular falling net, weighted on its periphery, which is thrown and retrieved by hand. (3) Commercial fishing means the activity of taking or harvesting, or attempting to take or harvest any edible or non-edible form of fresh or salt water aquatic life for the purpose of sale or barter. (4) Dipnet means a hand-held device for obtaining bait, the netting of which is fastened in a frame. (5) Guide fishing means the activity, of a person, partnership, firm, corporation, or other commercial entity to provide fishing services, for hire, to visitors of the park. (6) Minnow means a fish used for bait from the family Cyprinodointidae, Poeciliidae, or Atherinidae. (7) Mojarra or ``goats'' means a member of the family Gerreidae. (8) Oyster means a mollusk of the suborder Ostraeaccea. (9) Personal watercraft means a vessel powered by an outboard motor, water-jet or an enclosed propeller or impeller system, where persons ride standing, sitting or kneeling primarily on or behind the vessel, as opposed to standing or sitting inside; these craft are sometimes referred to by, but not limited to, such terms as ``wave runner,'' ``jet ski,'' ``wet bike,'' or ``Sea-doo.'' (10) Pilchard means a member of the herring family (Clupeidae), generally used for bait. (11) Pinfish means a member of the genus Lagodon (family: Spiradae). (d) Fishing. (1) Fishing restrictions, based on management objectives described in the park's Resources Management Plan, are established annually by the Superintendent. (2) The Superintendent may impose closures and establish conditions or restrictions, in accordance with procedures found at Secs. 1.5 and 1.7 of this chapter, on any activity pertaining to fishing, including, but not limited to species of fish that may be taken, seasons and hours during which fishing may take place, methods of taking, and size, creel and possession limits. (3) The following waters are closed to fishing: (i) All waters of T. 58 S., R. 37 E., sections 10 through 15, inclusive, measured from Tallahassee meridian and base, in the vicinity of Royal Palm Visitor Center, except Hole in the Donut or Hidden Lake, and Pine Island Lake. (ii) All waters in T.54 S., R. 36 E., sections 19, 30, and 31, and in T. 55 S., R. 36 E., sections 6, 7, 18, 19, and 30, measured from Tallahassee meridian and base, in the vicinity of Shark Valley Loop Road from Tamiami Trail south. (4) A person engaged in guide fishing must possess a guide fishing permit issued by the Superintendent and administered under the terms of Sec. 1.6 of this chapter. Guide fishing without a valid permit is prohibited. (5) Except for taking finfish, shrimp, bait, crabs, and oysters, as provided in this section or as modified under 36 CFR 1.5, the taking, possession, or disturbance of any fresh or saltwater aquatic life is prohibited. (6) Methods of taking. Except as provided in this section, only a closely attended hook and line may be used for fishing activities within the park. (i) Crabbing for stone or blue crabs may be conducted using attended gear only and no more than five (5) traps per person. Persons using traps must remain within one hundred (100) feet of those traps. Unattended gear or use of more than five (5) traps per person is prohibited. (ii) Shrimp, mullet, and bait fish (minnows, pilchards, pinfish, mojarras, ballyhoo or bait mullet (less than eight (8) inches in total length) may be taken with hook and line, dipnet (not exceeding 3 feet at its widest point) or cast net, for use as bait or personal consumption. (iii) A dipnet or cast net may not be dragged, trawled, or held suspended in the water. (7) Tagging, marking, fin clipping, mutilation or other disturbance to a caught fish, prior to release is prohibited without written authorization from the Superintendent. (8) Fish may not be fileted while in the park, except that: (i) Up to four (4) filets per person may be produced for immediate cooking and consumption at designated campsites or on board vessels equipped with cooking facilities. (ii) Fish may be fileted while at the designated park fish cleaning facilities, before transportation to their final destination. (9) Nets and gear that are legal to use in State waters, and fish and other edible or non-edible sea life that are legally acquired in State waters but are illegal to possess in the waters of Everglades National Park may be transported through the park only over Indian Key Pass, Sand Fly Pass, Rabbit Key Pass, Chokoloskee Pass and across Chokoloskee Bay, along the most direct route to or from Everglades City, Chokoloskee Island or Fakahatchee Bay. (i) Boats traveling through these passages with such nets, gear, fish, or other edible products of the sea must remain in transit unless disabled or weather and sea conditions combine to make safe passage impossible, at which time the boats may be anchored to await assistance or better conditions. (e) Boating. (1) The Superintendent may close an area to all motorized vessels, or vessels with motors greater than a specified horsepower, or impose other restrictions as necessary, in accordance with Secs. 1.5 and 1.7 of this chapter. (2) For purposes of this section, a vessel in which the motor(s) is (are) removed from the gunnels or transom and stored to be inoperable, is considered to be not motorized. (3) The following areas are closed to all vessels: (i) T. 54 S., R. 36 E., sections 19, 30, 31; T. 55 S., R. 36 E., sections 6, 7, 18, 19, and 30, bordering the Shark Valley Loop Road from the Tamiami Trail south. (ii) Eco Pond, Mrazek Pond, Royal Palm Ponds except for Hidden Lake, Parachute Key ponds north of the Main Park Road, and Lake Chekika. (4) The following inland fresh water areas are closed to the use of motorized vessels: Coot Bay Pond, Nine Mile Pond, Paurotis Pond, Sweetbay Pond, Big Ficus Pond, Sisal Pond, Pine Glade Lake, Long Pine Key Lake, Tower Lake, Hidden Lake, Pine Island, and L-67 canal. (5) The following coastal waters, designated by statute as wilderness (Pub. L. 95-625), are closed to the use of motorized vessels: Mud, Bear, East Fox, Middle Fox, Little Fox, and Gator Lakes; Homestead Canal; all associated small lakes on Cape Sable inland from Lake Ingraham; Cuthbert, Henry, Little Henry, Seven Palm, Middle, Monroe, Long, and the Lungs Lakes; Alligator Creek from the shoreline of Garfield Bight to West Lake; all inland creeks and lakes north of Long Sound, Joe Bay, and Little Madeira Bay except those ponds and lakes associated with Taylor River. (6) Except to effect a rescue, or unless otherwise officially authorized, no person shall land on keys of Florida Bay except those marked by signs denoting the area open, or on the mainland shorelines from Terrapin Point eastward to U.S. Highway 1, including the shores of all inland bays and waters and those shorelines contiguous with Long Sound, Little Blackwater Sound, and Blackwater Sound. (7) West Lake Pond and West Lake shall be closed to all vessels when they are being used by feeding birds. At all other times, these areas shall be open only to hand-propelled vessels or Class A motorboats powered by motors not to exceed 6 horsepower. (8) Launching, and or operating a personal watercraft is prohibited in the park. (9) Vessels used as living quarters shall not remain in or be operated in the waters of the Park for more than 14 days without a permit issued by the Superintendent. Said permit will prescribe anchorage location, length of stay, sanitary requirements and such other conditions as considered necessary. (f) Violation of any of the provisions of Sec. 7.45 is prohibited. Dated: September 8, 1994. George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and Parks. | |||
|
Copyright © 2006 - 2008 by Andrew J. Morris and Patrick C. Robbins | ||||
