MANAGEMENT AND RESEARCH ACTIVITIES TAKEN OR UNDER CONSIDERATION[6]
Reading edition
MANAGEMENT AND RESEARCH ACTIVITIES TAKEN OR UNDER CONSIDERATION[6]
The National Park Service (NPS) is responsible for managing and overseeing the use of Glacier Bay National Monument in support of the objectives defined for the Service, when it was established in 1916; an excerpt from the Act creating the Service in 1916 states that the purpose of the Service is:
"To conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations."
The intent in establishing the Monument is defined in the Proclamations of 1925 and 1939, sections of which are excerpted and presented below.
"Whereas, there are around Glacier Bay ... a number of tide-water glaciers of the first rank in a magnificent setting of lofty peaks, and more accessible to ordinary travel than any similar regions of Alaska,
"And, Whereas, the region is said by the Ecological Society of America to contain a great variety of forest covering consisting of mature areas, bodies of youthful trees which have become established since the retreat of the ice which should be preserved in absolutely natural condition, and great stretches now bare that will become forested in the course of the next century,
"And, Whereas, this area presents a unique opportunity for the scientific study of glacial behavior and of resulting movements and development of flora and fauna and of certain valuable relics of ancient interglacial forests." (Proclamation establishing Glacier Bay National Monument, February 26, 1925.)
"Whereas, it appears that certain public lands, part of which are within the Tongass National Forest ... have situated thereon glaciers and geologic features of scientific interest; and
"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.