Rule2022-27483
Mount Rainier National Park; Fishing
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 20, 2023
Effective
February 21, 2023
Issuing agencies
Interior DepartmentNational Park Service
Abstract
The National Park Service removes from the Code of Federal Regulations special fishing regulations for Mount Rainier National Park, including those that restrict the take of nonnative species. Instead, the National Park Service will publish closures and restrictions related to fishing in the Superintendent's Compendium for the park. This action helps implement a 2018 Fish Management Plan that aims to conserve native fish populations and restore aquatic ecosystems by reducing or eliminating nonnative fish.
Full Text
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<title>Federal Register, Volume 88 Issue 13 (Friday, January 20, 2023)</title>
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[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Rules and Regulations]
[Pages 3659-3664]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27483]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-MORA-34555; Docket No. NPS-2022-0002; PPPWMORAS1 PPMPSPD1Z.YM0000]
RIN 1024-AE66
Mount Rainier National Park; Fishing
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service removes from the Code of Federal
Regulations special fishing regulations for Mount Rainier National
Park, including those that restrict the take of nonnative species.
Instead, the National Park Service will publish closures and
restrictions related to fishing in the Superintendent's Compendium for
the park. This action helps implement a 2018 Fish Management Plan that
aims to conserve native fish populations and restore aquatic ecosystems
by reducing or eliminating nonnative fish.
DATES: This rule is effective on February 21, 2023.
ADDRESSES:
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for
``1024-AE66.''
Document Availability: The Mount Rainier National Park Fish
Management Plan Environmental Assessment and Finding of No Significant
Impact provide information and context for this rule and are available
online at <a href="https://parkplanning.nps.gov/mora">https://parkplanning.nps.gov/mora</a> by clicking the link
entitled ``Archived Projects'' and then clicking the link entitled
``2018 Mount Rainier National Park Fisheries Management Plan
Environmental Assessment and Finding of No Significant Impact'' and
then clicking the link entitled ``Document List.''
FOR FURTHER INFORMATION CONTACT: Kevin Skerl, Deputy Superintendent,
Mount Rainier National Park, National Park Service; phone: (360) 569-
2211; email: <a href="/cdn-cgi/l/email-protection#543f31223d3a0b273f312638143a24277a333b22"><span class="__cf_email__" data-cfemail="1c77796a7572436f77796e705c726c6f327b736a">[email protected]</span></a>. Individuals in the United States who
are deaf, deafblind, hard of hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Significance of the Park
Mount Rainier National Park encompasses 236,381 acres in west
central Washington, on the western and eastern slopes of the Cascade
Range. About 83 percent of the park is located in Pierce County and 17
percent is located in Lewis County. The park's northern boundary is
approximately 65 miles southeast of the Seattle-Tacoma metropolitan
area and 65 miles west of Yakima. The elevations of the park range from
about 1,400 feet at the Tahoma Woods Administrative Site to 14,410 feet
at the summit of Mount Rainier. About two million people visit the park
annually, with most visitation (75 percent) occurring between June and
September. In 1988, Congress designated approximately 97 percent
(228,480 acres) of the park as wilderness under the Washington Park
Wilderness Act.
The focal point of the park is Mount Rainier, a towering snow- and
ice-covered volcano that is a prominent landmark in the Pacific
Northwest. Mount Rainier is the second most seismically active and the
most hazardous volcano in the Cascade Range. The 26 major glaciers that
flank the upper mountain cover 35 square miles. Steep glaciated valleys
and ice-carved peaks dominate the park landscape. The Carbon, Mowich,
White, West Fork White, Nisqually, South Puyallup, and North Puyallup
rivers and their tributaries carry water from Mount Rainier to Puget
Sound. The Ohanapecosh and Muddy Fork Cowlitz flow into the Cowlitz
River and on into the Columbia River. There are approximately 470
mapped rivers and streams, including approximately 383 perennial
streams and 84 intermittent streams. With very few exceptions, park
rivers and streams originate within the park. There are approximately
382 lakes and ponds, and over 3,000 acres of other wetland types (e.g.,
mineral geothermal springs, waterfalls) in the park.
Fish Resources in the Park
The following 15 fish species are present in the rivers, streams
and lakes within the park. Of these, eight are native and seven are
nonnative.
----------------------------------------------------------------------------------------------------------------
No. Scientific name Common name Occurrence
----------------------------------------------------------------------------------------------------------------
1.................................... Oncorhynchus mykiss.... rainbow trout.......... Native (in some
locations).
2.................................... Oncorhynchus clarkii coastal cutthroat trout Native.
clarkii.
[[Page 3660]]
3.................................... Salvelinus confluentus. bull trout............. Native.
4.................................... Oncorhynchus kisutch... coho salmon............ Native.
5.................................... Oncorhynchus chinook salmon......... Native.
tshawytscha.
6.................................... Oncorhynchus gorbuscha. pink salmon............ Native.
7.................................... Prosopium williamsoni.. mountain whitefish..... Native.
8.................................... Cottus confusus........ shorthead sculpin...... Native.
9.................................... Cottus cognatus........ slimy sculpin.......... Nonnative.
10................................... Cottus rhotheus........ torrent sculpin........ Nonnative.
11................................... Oncorhynchus clarkii Yellowstone cutthroat Nonnative.
bouvieri. trout.
12................................... Oncorhynchus clarkii westslope cutthroat Nonnative.
lewisi. trout.
13................................... Salvelinus fontinalis.. brook trout............ Nonnative.
14................................... Gasterosteus aculeatus. Alaskan stickleback, Nonnative.
threespined
stickleback.
15................................... Oncorhynchus nerka..... kokanee salmon......... Nonnative.
----------------------------------------------------------------------------------------------------------------
Fish populations naturally occur within the park in the nine large
valley bottom rivers and their tributary junctions up to natural fish
barriers. These rivers bear native fish populations of rainbow
(steelhead) trout (Oncorhynchus mykiss), coastal cutthroat trout
(Oncorhynchus clarkii clarkii), bull trout (Salvelinus confluentus),
coho salmon (Oncorhynchus kisutch), chinook salmon (Oncorhynchus
tshawytscha), pink salmon (Oncorhynchus gorbuscha), mountain whitefish
(Prosopium williamsoni) and shorthead sculpin (Cottus confusus).
Nonnative sculpins present in the rivers include slimy sculpin (C.
cognatus) and torrent sculpin (Cottus rhotheus).
Prior to stocking efforts, there were no naturally occurring fish
populations in any of the approximately 382 mapped lakes and ponds in
the park. With the exception of those mentioned above, most of the
mapped streams were also originally fishless. Early in the park's
history, the National Park Service (NPS) and others, including the
State of Washington, introduced nonnative stocks of rainbow trout
(Oncorhynchus mykiss), Yellowstone cutthroat trout (Oncorhynchus
clarkii bouvieri), westslope cutthroat trout (Oncorhynchus clarkii
lewisi), brook trout (Salvelinus fontinalis) and kokanee salmon
(Oncorhynchus nerka) to enhance recreational fishing. According to
unpublished NPS records, official stocking occurred from 1915 through
1964 (49 years) in 38 streams, and from 1915 through 1972 (57 years) in
44 lakes. Stocking fish resulted in reproducing populations of
nonnative fish in naturally fishless lakes. It also resulted in
reproducing populations of nonnative fish in some rivers and streams
where they compete with native fish. Additional unauthorized
introductions of nonnative fish, including threespined stickleback
(Gasterosteus aculeatus), have occurred since stocking ended.
Reproducing populations of nonnative fish are now present in
approximately 35 lakes and all of the park watersheds, including many
streams and the nine major rivers. All lakes with reproducing nonnative
fish populations are in designated wilderness with the exception of
Littorals Pond (White River watershed) and Tipsoo Lake.
The presence of nonnative fish in the park has had widespread
adverse effects on the distribution, abundance, age structure,
genetics, and behavior of native fish species, amphibians, and other
aquatic life. Nonnative fish prey on and compete with native fish,
particularly bull trout. As a result, over time, populations of native
fish within and outside the park have likely diminished where brook
trout and other nonnative fish populations have been established. The
U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries
Service (NMFS) have listed populations of bull trout, chinook salmon,
and steelhead within the park as threatened under the Endangered
Species Act (ESA). In 2010, the USFWS designated approximately 30 miles
of streams in the park as bull trout critical habitat. In 2015, the
USFWS issued a Bull Trout Recovery Plan that identified actions the NPS
should take to protect bull trout within the park.
NPS Authority To Manage Fishing
The NPS has sole and exclusive jurisdiction over the lands and
waters within Mount Rainier National Park. 16 U.S.C. 95. The park's
enabling act directs the Secretary of the Interior, acting through the
NPS, to make such regulations as the Secretary deems necessary or
proper to care for the park, including regulations that provide against
the wanton destruction of the fish and game found within the park, and
against their capture or destruction for the purposes of merchandise or
profit. 16 U.S.C. 92. The NPS administers the park as a unit of the
National Park System and has the authority to regulate the use of the
park as it considers necessary or proper. 54 U.S.C. 100751(a). This
includes the authority to regulate activities on water located within
the park that is subject to the jurisdiction of the United States. 54
U.S.C. 100751(b).
NPS Management Framework for Fishing
General NPS fishing regulations are found in 36 CFR 2.3 and apply
to all units of the National Park System. For example, section
2.3(d)(4) prohibits commercial fishing in System units, except where
specifically authorized by Federal statute. Recreational fishing is
allowed within the System in accordance with state law, provided that
the state law does not conflict with NPS fishing regulations. 36 CFR
2.3(a). Special fishing regulations are found in 36 CFR part 7 and
apply only in specific System units that have promulgated special
regulations for this purpose. Other closures and restrictions related
to fishing are established by the Superintendent under his or her
discretionary authority in 36 CFR 1.5. This authority allows
Superintendents to close all or a portion of a park area to a specific
use or activity or impose conditions or restrictions on a use or
activity. Pursuant to 36 CFR 1.7(b), these actions do not appear in 36
CFR, but are compiled and maintained in what is commonly known as the
Superintendent's Compendium. The Superintendent's Compendium is
typically available on the System unit's website. Actions taken by the
Superintendent under the authority in 36 CFR 1.5 may not conflict with
regulations found in the CFR, including the general fishing regulations
in section 2.3.
NPS Management of Fishing in the Park
Special fishing regulations for the park are found in 36 CFR
7.5(a). The NPS promulgated these regulations in 1969 (34 FR 17520) and
last amended them in 1976 (41 FR 14863). The
[[Page 3661]]
regulations close the following areas to all fishing: (i) Tipsoo Lake;
(ii) Shadow Lake; (iii) Klickitat Creek above the White River entrance
water supply intake; (iv) Laughingwater Creek above the Ohanapecosh
water supply intake; (v) Frozen Lake; (vi) Reflection Lakes; and (vii)
Ipsut Creek above the Ipsut Creek Campground water supply intake. 36
CFR 7.5(a)(1). The special regulations also close the Ohanapecosh River
and its tributaries to all fishing except for fishing with artificial
flies. 36 CFR 7.5(a)(2). The regulations state that there shall be no
minimum size limit on fish that may be possessed. 36 CFR 7.5(a)(3). The
regulations state that the daily catch and possession limit for fish
taken from park waters shall be six pounds and one fish, not to exceed
12 fish. 36 CFR 7.5(a)(4).
Other closures and restrictions related to fishing appear in the
Superintendent's Compendium for the park, which is available on the
park's website at <a href="https://www.nps.gov/mora/learn/management/lawsandpolicies.htm">https://www.nps.gov/mora/learn/management/lawsandpolicies.htm</a>. Several of these closures and restrictions are
intended to conserve native fish species and reduce or eliminate
nonnative species. The Compendium states that all native fish species
caught in rivers and streams must be released, but that kokanee and
brook trout (both nonnative species) may be retained with no limit. The
purpose of this Compendium action is to protect native fish species by
requiring catch-and-release and to reduce populations of nonnative
species by allowing them to be removed from the park. The Compendium
prohibits multipoint hooks with barbs in rivers and streams to cause
less injury to native species that will be released. The Compendium
prohibits lead fishing tackle anywhere in the park to avoid poisoning
aquatic biota and humans. The Compendium closes Fryingpan Creek above
the confluence of the White River to all fishing. This closure protects
native fish species (bull trout, chinook salmon, and steelhead) that
are listed as threatened under the ESA. The Compendium also closes
Ghost Lake and Edith Creek Basin above the Paradise water supply to
protect the potable water supply for White River and Paradise. The
Compendium establishes fishing seasons for rivers and streams to
protect the spawning season of listed, native species. Where fishing is
allowed in lakes, there are no seasonal closures or limits on retaining
any fish species because, as noted above, fish are not native to lakes
within the park.
In September 2017, the NPS published a Fish Management Plan/
Environmental Assessment (the Plan). The purpose of the Plan is to
direct long-term management for fish within lakes, rivers and streams
within the park. During the development of the Plan, the NPS solicited
information from the USFWS, the NMFS, the Washington Department of Fish
and Wildlife (WDFW), the Washington State Historic Preservation Office,
and six affiliated American Indian tribes: the Nisqually Tribe of
Indians, the Muckleshoot Indian Tribe, the Cowlitz Indian Tribe, the
Puyallup Tribe of Indians, the Squaxin Island Tribe, and the
Confederated Tribes and Bands of the Yakama Nation. The U.S. Forest
Service, Mount Baker-Snoqualmie National Forest, also submitted
comments during the public scoping period that occurred before the Plan
was published. The Plan was open for a 30-day public comment period.
On August 28, 2018, the Regional Director for Department of the
Interior Unified Regions 8, 9, and 10 (formerly the Pacific West
Region) approved a Finding of No Significant Impact (FONSI) selecting
Alternative 2 in the Plan for implementation. This alternative calls
for site-specific management actions to encourage recreational fishing
opportunities for nonnative species and to protect native fish and
habitat. In addition to increasing recreational angling opportunities
for nonnative species, the alternative calls for suppressing or
eradicating nonnative fish populations through administrative actions
such as gillnetting, seining, electrofishing, and piscicides in
selected locations. The selected alternative is consistent with actions
required by the 2015 Bull Trout Recovery Plan issued by the USFWS. The
NPS expects the eradication or suppression of nonnative fish to result
in the increased survival and abundance of threatened and endangered
species (bull trout, chinook salmon and steelhead) and improved habitat
for native species. The Plan, which contains a full description of the
purpose and need for taking action, the alternatives considered, and
the environmental impacts associated with the considered alternatives,
and the FONSI may be viewed on the park's planning website at <a href="https://parkplanning.nps.gov/mora">https://parkplanning.nps.gov/mora</a> by clicking on the link entitled ``Archived
Projects'' and then clicking the link entitled ``2018 Mount Rainier
National Park Fisheries Management Plan Environmental Assessment and
Finding of No Significant Impact'' and then clicking the link entitled
``Document List.''
Final Rule
This rule removes special fishing regulations for the park that
interfere with the successful implementation of the fish management
strategy identified in the FONSI. These include the following closures
and restrictions that limit the take of nonnative fish: (1) closures at
Ipsut Creek and (except for artificial flyfishing) the Ohanapecosh
River; and (2) a daily catch and possession limit of six pounds and one
fish, not to exceed 12 fish. Removing these closures and restrictions
will create new angling opportunities for nonnative species that are
currently not authorized by 36 CFR 7.5. The other closures and
restrictions currently codified in the special regulations will be
relocated to and maintained in the Superintendent's Compendium because
either they are necessary to protect the domestic potable water supply
for White River, Sunrise, Ohanapecosh, and Paradise (the closures of
Frozen Lake and streams with identified water supply intakes); or to
protect fragile riparian vegetation (the closures of Tipsoo Lake,
Shadow Lake and Reflection Lakes). Closures and restrictions in the
special regulations also apply to the take of native fish species.
These will be retained or modified in the Superintendent's Compendium,
consistent with the selected alternative in the FONSI, to help restore
the natural abundance, diversity, dynamics, distribution, habitats and
behaviors of native fish populations that were present in the park
prior to the introduction of nonnative fish. The administrative
flexibility offered by the Superintendent's Compendium, which in most
circumstances can be modified without notice and comment rulemaking
(see 36 CFR 1.5(b)), provides a feasible and responsive method to meet
the strategic goals identified in the FONSI to utilize adaptive
management to alter management activities when needed based on
monitoring and best available science. NPS regulations at 36 CFR 1.7(b)
require the Superintendent to update the Compendium at least annually.
The NPS will ensure that the public has an opportunity to provide
meaningful input prior to updating any closures or restrictions related
to fishing in the Compendium.
Consolidating all fishing closures and restrictions in the
Compendium will make them more accessible and user-friendly for the
public. Instead of having to look in two different places (the special
regulations in 36 CFR 7.5 and the Superintendent's Compendium on the
park's website), the public will be
[[Page 3662]]
able to find all closures and restrictions related to fishing in one
place. The NPS has already done this, informally, by producing a
fishing pamphlet that is available at the park's website at <a href="https://www.nps.gov/mora/planyourvisit/fishing-and-boating.htm">https://www.nps.gov/mora/planyourvisit/fishing-and-boating.htm</a>. Moving all of
the closures and restrictions related to fishing into the Compendium
will consolidate the official versions of them in one place for legal
purposes. Centralizing them in the Compendium will increase compliance,
strengthen enforcement, and decrease public confusion and frustration.
The NPS routinely responds to inquiries and requests for clarification
from the State of Washington and members of the public regarding
fishing opportunities and rules within the park. Placing all fishing
closures and restrictions in the Compendium will help visitors
understand the rules and become better stewards of fishery resource at
the park. In order to direct the public to the Compendium, the NPS is
replacing the existing language in paragraph (a) of section 7.5 with a
general statement that the Superintendent will establish fishing
closures and restrictions, based on management objectives described in
the park's resource management plans, in accordance with the criteria
and procedures in 36 CFR 1.5 and 1.7, including publication in the
Superintendent's Compendium. The rule also states that fishing in
closed waters or violating a fishing restriction established by the
Superintendent is prohibited. Similar language is used in the special
regulations for other NPS units, including Glacier National Park (36
CFR 7.3) and Rocky Mountain National Park (36 CFR 7.7).
Summary of Public Comments
The NPS published a proposed rule in the Federal Register on
January 11, 2022 (87 FR 1374). The NPS accepted public comments on the
proposed rule for 60 days via the mail, hand delivery, and the Federal
eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments were
accepted through March 14, 2022. A total of 27 comments were submitted
and reviewed. Many commenters supported the proposed rule and did not
raise any issues or suggest any changes. Some commenters raised
concerns or questions about the proposed rule that the NPS summarizes
and responds to below. After considering the public comments and after
additional review, the NPS did not make any changes in the final rule.
1. Comment: One commenter asked if there is oversight of management
decisions implemented through the Superintendent's Compendium and
whether the WDFW would be involved in such management decisions to
ensure the protection of native fish species.
NPS Response: NPS regulations at 36 CFR 1.5 require the
Superintendent to follow specific procedures and requirements in order
to use discretionary authority to implement closures and restrictions
related to visitor use of park areas. The Superintendent must prepare a
written determination justifying each action and use appropriate
methods to notify the public of any such closures or restrictions. All
such actions must be listed in the Compendium, which must be available
to the public and updated at least annually. Compendium actions must be
consistent with federal law and policy and may not be highly
controversial or otherwise significant without going through a public
notice and comment review process.
A primary purpose of the Plan is to promote the recovery of native
fish species in the park. The NPS will continue to collaborate with the
WDFW as it implements the selected alternative in the FONSI to achieve
this goal. Continued collaboration may include identifying barriers to
restoration of native fish species and ecosystem recovery within the
park and, where possible, addressing issues outside the park such as
fish stocking practices and barriers to fish migration downstream of
the park. The NPS will ensure that the public and its partners,
including WDFW, have an opportunity to provide meaningful input prior
to updating any closures or restrictions related to fishing in the
Compendium.
2. Comment: Several commenters questioned how the NPS will enforce
requirements to release native species that are incidentally caught in
rivers and streams as bycatch. One commenter suggested that dynamic
closures of park areas would more effectively reduce bycatch and be
more easily enforced.
NPS Response: In some situations, catch and release requirements
may be more difficult to enforce than closures that prohibit all
fishing in certain locations; however, enforcing catch and release
requirements is not unique and occurs in many park areas with
recreational fishing. The NPS believes that placing all closures and
restrictions related to fishing in the Compendium will increase
compliance and strengthen enforcement because it will be easier for the
public understand what is allowed. The NPS has implemented closures in
areas where the probability of ESA-protected bycatch is high (e.g.,
Fryingpan) and also seasonal restrictions to protect spawning native
species. The NPS will evaluate and modify management actions as needed
if monitoring shows unanticipated adverse effects on native fish
species.
3. Comment: Several commenters emphasized the importance of
educating anglers to increase compliance with fishing closures and
restrictions. One commenter suggested the NPS develop and promote
interactive educational classes and activities to inform visitors about
fishing rules and aquatic resources in the park.
NPS Response: The NPS agrees that educating anglers is critical to
compliance and has developed a robust educational strategy to
communicate how closures and restrictions will help achieve the purpose
and goals of the Plan. In addition to the continued use and
distribution of the fishing pamphlet, the NPS is developing a software
application and a fishing guide that will provide information about
fishing in the park and the status of fish species and habitats. The
NPS will also send roving interpreters throughout the park to provide
information directly to recreational anglers.
4. Comment: One commenter asked whether the rule would adversely
affect recreational fishing if less fish are present in the park.
NPS Response: Catch and release fishing opportunities will continue
to be available in most rivers and streams for some time during
implementation of the Plan. A few small lakes with small fish
populations may be fished out by anglers. At the same time, there will
be widespread benefits to native fish and amphibian populations in
areas where nonnative fish are removed, which will increase the ability
of anglers and other visitors to see and to interact with native fish,
amphibians and other species in their habitats throughout the park.
Because it will likely take decades before the NPS can implement fish
removal programs throughout the park, diminished fishing opportunities
would occur in stages over time, reducing the overall impact of this
recreational loss. Because fishing has consistently been rated low on
the scale of recreational activities that visitors engage in during
visitor surveys, this loss would likely be imperceptible to most park
visitors.
5. Comment: One commenter asked the NPS to support local businesses
and restaurants by giving them preferential rights to fish in the park
or allowing them to use nonnative fish that are removed through
administrative actions such as gillnetting, seining and electrofishing.
NPS Response: NPS regulations at 36 CFR 2.3(d)(4) prohibit
commercial fishing in National Park System units, except where
specifically authorized by
[[Page 3663]]
Federal statute The park's enabling act does not authorize commercial
fishing. Instead, it directs the NPS to prohibit the capture of fish
for merchandise or profit. As a result, the NPS cannot allow local
businesses or restaurants to take fish in the park for commercial
purposes. Most administrative actions capturing nonnative fish occur in
backcountry locations where transportation of the fish outside of the
park is not feasible. In most cases, the fish are too small to have
value for local businesses and restaurants.
6. Comment: One commenter stated native fish populations could be
restored more quickly if there are no catch limits on nonnative fish
species except those that are vital for maintaining potable water in
the White River, Sunrise, Ohanapecosh, and Paradise waterways.
NPS Response: The NPS agrees that through the capture of nonnative
species, anglers can play an important role in the conservation and
recovery of native species in the park. In many lakes, rivers and
streams in the park, anglers are essential for suppressing nonnative
species. For these reasons, the rule would remove the daily catch limit
in the special regulations in order to allow the retention of brook
trout and kokanee salmon from rivers and streams and all nonnative fish
from lakes that are open to recreational fishing. Except for brook
trout and kokanee salmon, anglers may not retain other nonnative
species from rivers and streams because those species are too difficult
to distinguish from native species that must be released. The
Compendium will continue to close Tipsoo Lake, Shadow Lake and
Reflection Lakes to all fishing in order to protect fragile riparian
vegetation.
Compliance With Other Laws, Executive Orders and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and Regulatory Affairs
has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. The NPS has developed this
rule in a manner consistent with these requirements.
Regulatory Flexibility Act
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 certification is based on information
contained in the economic analyses found in the report entitled ``Cost-
Benefit and Regulatory Flexibility Threshold Analyses: Proposed Rule to
Remove Special Regulations for Fishing at Mount Rainier National
Park.'' The document may be viewed on the park's planning website at
<a href="https://parkplanning.nps.gov/mora">https://parkplanning.nps.gov/mora</a> by clicking on the link entitled
``Archived Projects'' and then clicking the link entitled ``2018 Mount
Rainier National Park Fisheries Management Plan Environmental
Assessment and Finding of No Significant Impact'' and then clicking the
link entitled ``Document List'' and then clicking on the link entitled
``Fish Management Plan FONSI.''
Congressional Review Act
This rule is not a major rule under 5 U.S.C. 804(2). This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule will not have a significant or unique effect on State,
local or tribal governments or the private sector. It addresses public
use of national park lands and imposes no requirements on other
agencies or governments. A statement containing the information
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is
not required.
Takings (Executive Order 12630)
This rule will not effect a taking of private property or otherwise
have takings implications under Executive Order 12630. A takings
implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, the rule
will not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. This rule only
affects use of federally administered lands and waters. It has no
outside effects on other areas. A federalism summary impact statement
is not required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
This rule:
a. Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
b. Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. The NPS has evaluated
this rule under the criteria in Executive Order 13175 and under the
Department's tribal consultation policy and has determined that tribal
consultation is not required because the rule will have no substantial
direct effect on federally recognized Indian tribes. During scoping for
the Plan, the NPS solicited comments from six affiliated American
Indian tribes: the Nisqually Tribe of Indians, the Muckleshoot Indian
Tribe, the Cowlitz Indian Tribe, the Puyallup Tribe of Indians, the
Squaxin Island Tribe, and the Confederated Tribes and Bands of the
Yakama Nation. The NPS will continue to work with these tribes
throughout the implementation of the selected alternative in the FONSI.
[[Page 3664]]
Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act is not required. The NPS may not conduct or sponsor and
you are not required to respond to a collection of information unless
it displays a currently valid OMB control number.
National Environmental Policy Act (NEPA)
The NPS has prepared the Plan to determine whether this rule will
have a significant impact on the quality of the human environment under
the NEPA. This rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the NEPA is not required because of the FONSI.
A copy of the Plan and FONSI may be viewed on the park's planning
website at <a href="https://parkplanning.nps.gov/mora">https://parkplanning.nps.gov/mora</a> by clicking on the link
entitled ``Archived Projects'' and then clicking the link entitled
``2018 Mount Rainier National Park Fisheries Management Plan
Environmental Assessment and Finding of No Significant Impact'' and
then clicking the link entitled ``Document List.''
Effects on the Energy Supply (Executive Order 13211)
This rulemaking is not a significant energy action under the
definition in Executive Order 13211; the rule is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy, and the rule has not otherwise been designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. A Statement of Energy Effects is not
required.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service amends
36 CFR part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation for part 7 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.
0
2. In Sec. 7.5, revise paragraph (a) to read as follows:
Sec. 7.5 Mount Rainier National Park
(a) Fishing. (1) Fishing closures and restrictions are established
by the Superintendent based on management objectives for the
preservation of the park's natural resources.
(2) The Superintendent may establish closures and restrictions, in
accordance with the criteria and procedures of Sec. 1.5 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) Except in emergency situations, the Superintendent will notify
the public of any such closures or restrictions through one or more
methods listed in Sec. 1.7 of this chapter, including publication in
the Superintendent's Compendium (or written compilation) of
discretionary actions referred to Sec. 1.7(b).
(4) Fishing in closed waters or violating a condition or
restriction established by the Superintendent under this paragraph (a)
is prohibited.
* * * * *
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-27483 Filed 1-19-23; 8:45 am]
BILLING CODE 4312-52-P
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</html>Indexed from Federal Register on January 20, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.