"Whereas, a portion of the aforesaid public lands ... are necessary for the proper care, management, and protection of the objects of scientific interest situated on the lands...." (Proclamation of April 18, 1939, adding lands to the Monument.)
The management plans developed by the National Park Service for the Glacier Bay National Monument did not anticipate, and apparently have not been adequate to deal with, the increased visitor and vessel traffic and their use of the marine environment in the 1970's. Title 36 of the Code of Federal Regulations, under which the National Park Service operates, contains a section requiring any commercial business conducted or operating within the boundaries of Service area to have a permit issued by the Service. The cruise ship industry companies have not as yet been placed under a permit system. However, it is the intent of the Service to establish a regular system in the future. All other commercial ventures operating on lands and waters of the Monument are under contract or permit. Fishing vessel activity is unregulated although the take of Pacific halibut, (Hippoglossus stenolepis) is regulated by the International Pacific Halibut Commission, and the take of salmon and other finfish and shellfish is regulated by the Alaska Department of Fish and Game (ADFG). The need for additional resource/use plans and regulatory programs is recognized by the National Park Service.
The NPS funded field studies of humpback whales by the Juraszs in 1976-1979, analysis of some of the Juraszs' data, and Hale's and Rice's (of the NPS Alaska area office) report, "The Glacier Bay Marine Ecosystem—A Conceptual, Ecological Model" completed in April 1979.
The movement of humpback whales in 1978 from Glacier Bay to surrounding waters and the suggestion by the Juraszs' field observations, that there may be a cause and effect relationship between vessel activity and the whales' movement, led the NPS to restrict some vessel activities in the 1979 season, and to seek Endangered Species Act Section 7 consultations with the National Marine Fisheries Service in August 1979. The Section 7 consultations were not completed at the beginning of the meeting. Based in part upon NMFS's recommendations, the NPS will consider various future management alternatives. Restrictions imposed in 1979 were temporary (emergency closure authority under Title 36 C.F.R.). Any regulations imposed for 1980 cannot be under emergency closure authority (unless an emergency does arise which was unforeseen in setting up regulatory systems). Regulations which can be foreseen at this time as being necessary would have to proceed through the normal Federal Register publication process. Enforcement of all Federal laws and regulations within Glacier Bay is considered to be the responsibility of the NPS.
The National Marine Fisheries Service (NMFS) has overall responsibility, under the Marine Mammal Protection Act of 1972, for the conservation and protection of all whales including humpback whales. The National Marine Fisheries Service in cooperation with the Juraszs has conducted censuses of humpback whales in southeast Alaskan waters in 1975 and 1976, used radio tags to follow individual whales in Alaskan waters in 1976-78, maintains a catalogue of humpback whale photographs and has developed a computerized retrieval photo-identification system. No research was conducted by NMFS in 1979. NMFS enforcement of laws and regulations is conducted by a few people responsible for large areas in southeast Alaska. A contract with the State of Alaska until August 1, 1979, provided a broader presence of enforcement personnel. That contract was not renewed. The NMFS is now fully responsible for enforcement activities relating to humpback whales except in areas such as Glacier Bay where the responsibility is shared.
[6] This summary is based on information presented at the meeting by National Park Service and National Marine Fisheries Service Personnel.
ALTERNATIVE MANAGEMENT ACTIONS
Based on available information, vessel activity may have been a factor contributing to the movement of whales from Glacier Bay in 1978 and 1979. Alternatives available to manage vessel traffic (assuming increased traffic has had or will have an adverse effect on humpback whales) include: