Detailed Chronology of Commercial Fishing in
Glacier Bay National Park

Working Draft

This chronology contains summarized information from events relating to fisheries in what is now Glacier Bay National Park and Preserve (GBNPP). This information has been contributed by various fisheries stakeholders (i.e., Hoonah Indian Association (HIA), National Park Service (NPS), and commercial fishing, and environmental interests) and compiled from a variety of sources (i.e., reports, correspondence, plans, regulations, statutes, speeches, public statements, etc.) by the Alaska Department of Fish and Game (ADFG), Citizens Advisory Council on Federal Areas (CACFA), Elfin Cove Advisory Committee (ECAC), HIA, and NPS. The chronology is intended to serve as an unbiased, comprehensive reference to past events affecting fisheries and fishers and to provide a better understanding of these events and how they relate to one another. In addition it is intended as a ready reference to key documents for further research.

Events are listed chronologically by date and description (in bold) and briefly (< 200 words) summarized in terms of relevance to the fishing issue in GBNPP. Original cited references may be obtained from ADFG, CACFA, ECAC, HIA or NPS files and are detailed in an associated bibliography. For more information, see the Commercial Fishing Home Page. For a summary of this chronology, see the History and Background page.

1786, July. La Perouse observes and reports fishing methods of the Tlingit for halibut and salmon. Methods of fishing for salmon using weirs and hook and line fishing for halibut in Lituya Bay are described (La Perouse 1799).

1874. Surveyor-scientist, William Healy Dall, leads Coast Survey party on schooner Yukon along Outer Coast. The Glacier Bay region was described in an expedition report which is excerpted in Bohn (1967). "The scenery is grand; the mountains, reaching 16,000 feet above the sea, are bedded in forest lowlands, and are scored by enormous glaciers." Dall's l883 Coast Pilot reportedly compared Lituya Bay to a Yosemite that had retained its glaciers.

1879. John Muir's visit to Glacier Bay.

Muir, with Tlingit guides and missionary S. Hall Young, reaches the rumored bay of great glaciers by canoe and commences the first of four explorations over two decades (Bohn 1967). Dynamic land and seascapes produced by glaciers and ice recession offer a vision of the Ice Age. The combination of mountains, ice, and sea produce "a picture of icy wilderness unspeakably pure and sublime." Muir's scientific and descriptive writings bring Glacier Bay to the attention of the American public. As a result, Glacier Bay becomes the archetype of Alaska and the promise of remote wonders beyond its frozen mountains.

1881, Sept. Muir's companion, S. Hall Young, learns of the Brady Glacier advance from a Tlingit man in Taylor Bay. This advance precluded access to a stream system by king salmon (Young 1915, Bohn 1967) which may have ultimately affected the welfare of the household relying on this particular spawning run.

1882. Krouse, A. Journey to the Tlingits. Translated from the German by Margot Krouse-McCaffrey.

Aurel Krouse (also spelled Krause in other publications) describes a visit to the Tlingit settlement at Hoonah in either 1881 or 1882 (Krause 1881). Aurel and Arthur Krause, German geographers representing the Geographical Society of Bremen, completed work initiated by Nordenskiold on the Chukchee Peninsula in 1878 (Krause 1956). Aurel worked in Southeast Alaska following Arthur's departure and contributed early ethnographic information on Tlingit culture. Krause eventually settled in the village of Klukwan.

1883. First tourist steamship, the sidewheeler Idaho under Captain James Carroll, enters Glacier Bay.

Passenger Elizah Scidmore begins a tradition of published travel journals and descriptions of "The Wondrous Scene" that further stimulated national interest in Glacier Bay (Bohn 1967). First tourist party lands at Muir Glacier, it's ice still near the mouth of Muir Inlet--both named by Captain Carroll.

1883-99. Initial tourism period aboard cruise ships in Glacier Bay.

Captain Carroll's voyage begins an active schedule of tourist steamers bringing hundreds of visitors to Glacier Bay and Muir Glacier every summer (Bohn 1967). The Queen, Carroll's later ship, and the City of Topeka were top-of-the-line cruise ships of the period. Promotional literature enticed passengers with words like these on Muir Glacier: "Witness its vastness! Let eyes and senses feel the terrible suggestion of this powerfully silent sea of resistless ice. It is the culmination of all seen before or that may be seen again . . . . an unconquerable evidence of eternity itself." Among the visitors were world-class scientists who began to decipher the meaning of relict forests and ice recession. One of these, English geologist G.W. Lamplugh, asserted: "This whole region forms a magnificent field for the study of glacial phenomena."

1885-1959. Salmon traps introduced and used throughout Southeast Alaska to intercept migrating salmon.

The first trap in use in Alaska was reportedly sited in Cook Inlet (Browning 1974). These traps were incredibly effective averaging 50,000-100,000 fish per trap and harvesting even more than 50% of the territory's total salmon harvest in 1925-34 before being outlawed after statehood (Cooley 1963). In fact, outside ownership of the salmon traps by large canneries motivated territorial commercial fishing interests to lobby for statehood and local control over it's fisheries resources. At least 17 traps were located along Icy Strait adjacent to and even within the waters of Glacier Bay National Monument (Goldschmidt and Haas 1946, Nakatani, Paulik and Van Cleve 1975, Langdon 1980). Traps were once sited within Dundas Bay, east of Point Dundas, in Bartlett Cove and at Point Gustavus.

1889. Federal legislation bans impediments to anadromous fish spawning migration.

Federal legislation ("An act to provide for the protection of the salmon fisheries of Alaska") passed banning the erection of barricades, dams or any other means in streams to impede the ascent of salmon to their spawning beds (Moser 1899). The Department of the Treasury was assigned responsibility for enforcing this law.

1889-1931. Heyday of Alaska cannerys: Bartlett Cove, Excursion Inlet, Hoonah and Dundas Bay cannerys in operation. As many as five cannerys operated within a 30 year period in northern Icy Strait. The Bartlett Cove saltery, sited on Lester Island and owned by Peter Buschmann of the Icy Straits Packing Company, reportedly operated from 1889-1899 and packed up to 240 tons of salmon in 1899 (Moser 1901, Jacot 1960, Kutchen 1960). However, a letter from August Buschman to David Hamlin (Buschman 1960) notes a cannery, owned by a San Francisco based company, had previously existed at this site but was destroyed by fire. The saltery was sold in 1900 following initial construction of a cannery sited across Bartlett Cove south of the original saltery. Johnson and Cobb (1930; in Langdon 1980) report the Bartlett Cove cannery as having been constructed in 1890 and refer to it as the first cannery in Icy Straits. The Dundas Bay Cannery (a.k.a. Santa Rita Cannery), constructed in 1900 by the Western Fisheries Company, apparently changed ownership in 1901 when it was purchased by Pacific Packing and Navigation Company (Moser 1901, Kutchen 1960). This cannery operated until 1931. The Astoria and Puget Sound Company cannery was built and operated in Excursion Inlet in 1908 followed closely by operation of the Hoonah Packing Company in Hoonah and another cannery, Pacific American Fisheries, which was also sited in Excursion Inlet (Langdon 1980). Cannerys operating in this era relied on local Tlingits, both men and women, for harvest of commercial species as well as processing of the catch as on-site laborers.

1890. Early scientific study of the Muir Glacier.

John Muir and geologist-glaciologist Harry Fielding Reid, the latter sailing to the bay aboard steamer George W. Elder, join forces in the study of Muir Glacier (Bohn 1967). Muir wrote of the tourists loosed on the glacier by Carroll's steamer Queen: "What a show they made with their ribbons and kodaks!"

1896. Federal legislation specifys spatial restrictions for gear, temporal closures and fishery management authority. Additional federal legislation passed to: 1) make unlawful the use of a set net, trap, pound net or seine above the "tide waters" of any river less than 500 feet in width at the mouth, 2) prevent blocking more than a third of the mouth with any of these means for capture, 3) restrict fishing within one hundred yards of any other net, 4) close Southeast and Kodiak waters to fishing from midnight on Friday to 0600 h Sunday morning, and 5) authorize Treasury agents to close streams or areas for conservation purposes (Moser 1899).

1898. Federal legislation establishing regulations for salmon traps throughout Alaska.

Additional federal legislation passed requiring licenses for stationary traps, establishing regulations for their construction and extending enforcement jurisdiction for this gear type to all territorial waters of Alaska (Moser 1899).

l899. Harriman Expedition visits Glacier Bay.

The Harriman Alaska Expedition, sponsored and paid for by railroad magnate Edward H. Harriman, comes to Glacier Bay in June aboard the Elder (Bohn 1967, Burroughs et al. 1901). The party, in addition to Harriman's family, comprises America's scientific, artistic, and literary elite. In the field of science Muir, Dall, Burroughs, Gilbert, Gannett, and Merriam led the way. The 14-volume Harriman Expedition report--distributed widely to libraries and scholars--described, charted, and pictured the ice rivers of Glacier Bay, along with other coastal zones and the Native peoples who lived there. Combined with the ongoing Gold Rush, these beautiful books and magnificent photo album helped change perceptions of Alaska from igloo-and-icebox to field of adventure and scientific study. John Burroughs captured the spirit of the expedition: "We saw the world-shaping forces at work; we scrambled over plains they had built but yesterday."

1899, Sept. Earthquake chokes Glacier Bay waters with icebergs; tourism curtailed but scientific investigation continues. Captain Carroll and a few other shipmasters try upbay passage for a few seasons, then abandon the route (Bohn 1967). Scheduled cruise ships will not reappear for 60 years. The tourists disappear but the scientists, now ready to go beyond description to explanation, keep coming to Glacier Bay.

1900. Change in status for salmon streams from communal property to private ownership.

Erection of a cannery in Dundas Bay occurred subsequent to monetary transaction with Tlingit "owner" permitting use (Cobb 1930, George Dalton oral report cited in Langdon 1980).

l906. Early scientific understanding of glacial dynamics in Glacier Bay.

F. and C. Wright, of the U.S. Geological Survey (and a year later, H. Reid), begin systematic explanation of glacial dynamics in Glacier Bay (Bohn 1967).

1913-1918. Appearance of gasoline-powered purse seine fishing vessels in Icy Straits.

The first gasonline-powered seining vessel appeared on the west coast of Prince of Wales Island around 1910 (Langdon 1980). However, gasoline-powered purse siners were first sighted in Icy Strait in either 1913 or 1918, according to local knowledge, and residents of Hoonah were operating power boats in the early 1920s.

1916. Organic Act.

Established the National Park Service. Directed the Secretary of the Interior and the NPS to manage parks and monuments to "conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations." Also granted the Secretary the authority to implement "rules and regulations as he may deem necessary or proper for the use and management of parks, monuments and reservations under the jurisdiction of the National Park Service (16 USC 1; U.S. Congress 1916)."

l9l6 to Present. The age of scientific inquiry in Southeast Alaska's natural laboratory, Glacier Bay.

In l9l6, ecologist William S. Cooper of the University of Minnesota began a series of classic studies of plant succession in the field laboratory provided by rapid ice recession in Glacier Bay (Bohn 1967). Cooper's work initiated a collaboration between glaciologists, geologists, botanists, and other biologists that brought major scientific personages and collaborative scientific studies to Glacier Bay to trace the relationships between glaciers and life forms. This work continues to the present day, its extent documented in the 70-page "Bibliography of Research and Exploration in the Glacier Bay Region, Southeastern Alaska, 1798-1992," published as USGS-Open File Report 92-596 (Howe et al. 1992). Major, selected personages of international renown following Cooper in this work include William O. Field (glacier observations), Donald B. Lawrence (nitrogen fixing studies), and Richard P. Goldthwaite (comprehensive glaciological, geological, and ecological studies). These men, individually and together, mentored scores, and in time hundreds of other scientists whose work increases in complexity and importance with each passing year. Internationally attended Glacier Bay Science Symposia in l983, l988, and l993 brings the Glacier Bay science community together to further their interdisciplinary work.

1924. White Act.

Enhanced the power of the Secretary of Commerce to limit or prohibit fishing in all the territorial waters of Alaska (43 Stat. 464; U.S. Congress 1924). The Secretary was previously empowered to regulate fisheries (primarily salmon) within 500 yards of stream mouths. It promoted common property principles stating that "no exclusive or several right of fishery shall be granted therein, nor shall any citizen of the United States be denied the right to take, prepare, cure, or preserve fish or shellfish in any of the waters of Alaska where fishing is permitted by the Secretary of Commerce" (Cooley 1963). Thus, this law ensured that the salmon fishery would remain common property (Langdon 1989). The White Act required a closure of the fishery at the mid or halfway point of the runs during the period when most of the catch was harvested in large floating fish traps.

1924. Halibut Convention of 1923 ratified and International Fisheries Commission established.

This provided a cooperative forum for the U.S. and Canada to study halibut and recommend regulatory measures for conservation and fishery development (International Pacific Halibut Commission 1987). The Convention provided for a 3-month winter closure during the spawning period and addressed incidental catch of this species during the closure.

1925, 26 Feb. Establishment of Glacier Bay National Monument by presidential proclamation.

Based on William S. Cooper's 1922 report on Glacier Bay studies, the Ecological Society of America recommends that Glacier Bay be designated a National Monument or National Park, because of its scenic and scientific merits (Cooper 1956). Glacier Bay was proclaimed a National Monument by President Calvin Coolidge on Feb. 26, l925. The Monument boundary included the marine waters north of a line running from approximately Geikie Inlet to the northern extent of the Beardslee Islands. Specifically, the enabling proclamation noted that ". . . 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 (43 Stat. 1988: Coolidge 1925)." Glacier Bay was enlarged by 905,000 acres in l939, and enlarged by 470,000 acres and redesignated a National Park and Preserve in l980.

1926. Development of Inian Islands seine fishery.

Development of Inian Islands seine fishing grounds including North Pass grounds from Point Spencer to Point Carolus, by "Slavonian" fishermen from Puget Sound occurred during the first part of this century (Langdon 1980). Concurrently, the Hoonah captains adapted these methods to their equipment and smaller boats. Such hook-offs as the "Laundry" are well known today. Additionally, hook-offs such as "Washington" and "Grant's" were named for the vessels of the innovative boat captains discovering them.

1930. International Fisheries Commission implements harvest levels and restrictions.

The Halibut Convention of 1930 allowed the International Fisheries Commission (precursor to the International Pacific Halibut Commission) to implement time/ area restrictions and set harvest levels by area (International Pacific Halibut Commission 1987). Vessel licensing began in addition to the collection of harvest statistics, regulation of gear and the prohibition of fishing on nursery grounds.

1931. International Fisheries Commission (IFC) adds Conference Board of fishermen.

The IFC (now the International Pacific Halibut Commission), established in 1923 by a Convention between Canada and the United States, adds a Conference Board of fishermen and vessel owners to provide for input from the industry and to assist in development of regulations (International Pacific Halibut Commission 1987).

1934, 6 June. Secretary of Commerce authorized to designate and reserve Alaska fishing areas.

Under this act the Secretary of Commerce was authorized to "set apart and reserve fishing areas in any of the waters of Alaska . . . and within such areas . . . establish closed seasons during which fishing may be limited or prohibited . . . (43 Stat. 464; U.S. Congress 1934)."

l936. Conservation activities: mining interests in Glacier Bay opposed.

Ecological Society of America leads opposition to bill in Congress that would allow mining in Glacier Bay National Monument (H.R. 9275, introduced by territorial delegate to Congress Anthony Dimond), in cooperation with Carnegie Institution, National Park Association, and Wilderness Society, and individuals including Ansel F. Hall, Robert Marshall, and Gifford Pinchot (Cooper 1956). H.R. 9275 was eventually killed in committee.

Another bill for the same purpose (S. 4784), introduced five days before close of Congress' session, was passed by Congress and signed by President Roosevelt on June 22, l936 (Cooper 1956). This fait accompli occurred without public hearings. The committee formed to force reconsideration and repeal of this Act comprised the following organizations: Ecological Society of America, National Association of Audubon Societies, National Parks Association, Izaak Walton League, American Forestry Association, American Nature Association, American Association for the Advancement of Science, and Wilderness Society. Citing the unfairness of the secret legislative process that preempted opposition, the committee's report warned of ". . . serious danger to the purposes for which the Monument was established. . ." and the dangerous precedent of this process for ". . . the future of our National Park System." But the Act could not be rolled back so the committee cooperated with the Secretary of the Interior in the preparation of general regulations to limit damage, as provided in the Act.

1937, 12 Feb. Bureau of Fisheries regulation pertaining to fisheries in the Monument.

Early fishery regulations promulgated by the Bureau of Fisheries addressed fisheries within the Icy Strait district which included Glacier Bay National Monument. "All commercial fishing for salmon is prohibited in Glacier Bay north of 58 degrees 27 minutes 54 seconds north latitude (2 FR 359 and 4 FR 927; Bureau of Fisheries 1937)."

1939, 18 April. Monument expansion by presidential proclamation.

The expansion included additional land and specifically marine waters including the lower portion of Glacier Bay, parts of Cross Sound, North Inian Pass, North Passage, Icy Passage and Excursion Inlet and waters three miles seaward of the outer coast between Cape Spencer and Sea Otter Creek. (53 Stat. 2534; Roosevelt 1939) This expansion of the Monument by 905,000 acres, to the Outer Coast and Icy Strait, was largely to protect brown bears and their habitat (Catton 1995), spurred in part by Alaska Game Commission interpretations and loosening of Alaska game laws governing brown bear hunting seasons. This action was supported by broad coalition of conservation organizations, scientists, nature writers, and animal humane societies. This movement coincides with a basic change in NPS wildlife policies, from predator control to conservation of predators as critical components of natural systems, and adoption of an ecosystem approach to park boundaries and habitat preservation--as distinct from political boundaries that partition natural systems.

1941, 4 March. USFWS regulations affecting the Monument.

Regulations enacted by the USFWS addressing allowances for, and restrictions on, commercial fisheries within the Monument. "Gear restriction, Glacier Bay. All commercial fishing for salmon, except by trolling, is prohibited in Glacier Bay north of 58 degrees 27 minutes 54 seconds north latitude (6 FR 1252 § 222.17, 50 CFR part 222; USFWS 1941)."

1941, 26 March. Early NPS fishing regulations permitted commercial fishing in the monument.

Special regulations were adopted to allow commercial fishing in Glacier Bay National Monument in response to a NPS Wildlife Division recommendation to allow commercial salmon trolling in Glacier Bay "when such fishing does not endanger sport fishing." These regulations prohibited "fishing with nets, seines, traps, or by the use of drugs or explosives, or for merchandise or profit, or in any other way than with hook and line, the rod or line being held in the hand . . . except that commercial fishing in the waters of Fort Jefferson and Glacier Bay National Monument is permitted under special regulation (6 FR 1627 § 2.4 (b), 36 CFR 2.4; USNPS 1941)."

1941, 29 April. NPS Director Drury addresses Federal Regulations on commercial fishing in the Monument.

Newton B. Drury, NPS Director, in correspondence addressed to the Director of the U.S. Fish and Wildlife Service states ". . . all of the waters of Glacier Bay navigable to small boats are open to commercial fishing of one type or another" in accordance with Federal Regulations (Drury 1941).

1946. Possessory Rights of the Hoonah Community.

This is a compendium of statements from Hoonah elders concerning historical use and occupation of waters and lands that are now Glacier Bay National Park (Goldschmidt and Haas 1946). The natives of Hoonah, according to this document, have possessory rights to the following areas: 1) the lands at the head of Excursion Inlet, and along the streams at its head for a distance of 5 miles, 2) the shores of Glacier Bay from the north to the head (mouth?), subject to the restrictions on its use in accordance with the regulations of the NPS, and 3) the east portion of Dundas Bay and the land area between Glacier Bay and Dundas Bay.

1951. USFWS regulations affecting the Monument.

Regulations enacted by the USFWS addressing allowances for, and restrictions on, commercial fisheries within the Monument (16 FR 2158, 50 CFR part 117; USFWS 1951). Specifically, fishing was prohibited in Dundas Bay north of 58 degrees 20 minutes north latitude and in Glacier Bay north of 58 degrees, 27 minutes and 54 seconds north latitude. Seasons and gear restrictions were also specified.

1953. Creation of the International Pacific Halibut Commission (IPHC).

The Halibut convention of 1953 renamed the International Fisheries Commission the IPHC (IPHC 1987). The IPHC was charged with maintaining halibut stocks for maximum sustained yield. Multiple seasons distributed fishing effort according to seasonal availability of fish stocks.

1953. Submerged Lands Act.

Relinquished to the States title to submerged lands EXCEPT "all lands expressly retained by or ceded to the United States when the State entered the Union. . . ." (43 USC § 1311-1313; U.S. Congress 1953)

1955. NPS regulations reference allowance of commercial fishing in the Monument.

These regulations were in accordance with special regulations approved by the Secretary of the Interior. The regulation states that possession or use of bait fish or eggs is prohibited except in certain parks, including "the waters of Glacier Bay National Monument in which commercial fishing is permitted in accordance with 50 CFR 117.8 (d)" regulations approved by the Secretary of the Interior on Feb. 28, 1941 (20 FR 618, 36 CFR 1.4; USNPS 1955). In addition, these regulations allow discretionary authority of NPS Superintendents to close fishing in Parks with appropriate notice.

1955, 31 March. Exclusion of lands from Monument by Presidential Proclamation.

Presidential proclamation 3089 excluded approximately 24,925 acres from the monument, with approximately 10,184 of those acres added back to the Tongass National Forest (20 F.R. 2103, Eisenhower 1955). The remaining approximately 14,741 acres of land excluded from the monument were in the Gustavus Area. The proclamation also excluded some 4,193 acres of water from the monument. "Whereas it appears that it would be in the public interest to exclude the said lands comprising the Gustavus Area and the Excursion Inlet Area from the Glacier Bay National Monument, and to restore the lands within the Excursion Inlet Area to the Tongass National Forest..."

1959. Alaska Statehood Act. Fish traps abolished. Board of Fisheries established.

Authority to regulate fisheries transferred to the state (Public Law 85-508, 72 Stat. 339; U.S. Congress 1958). Board of Fisheries and Game established to conserve and develop state fisheries resources (AS 16.of.221-320 and AS 16.10.060).

1959, 19 March. USFWS regulations affecting the Monument.

Regulations enacted by the USFWS addressed allowances for, and restrictions to, commercial fisheries within the Monument. (24 FR 2053 et seq, 50 CFR part 115; USFWS 1959)

1962, 3 July. NPS regulations reference allowance of commercial fishing in the Monument.

These regulations were in accordance with special regulations approved by the Secretary of the Interior (27 FR 6281; USNPS 1962).

1964. Wilderness Act.

Subsect. 4 (c) of the Wilderness Act (Public Law 88-577, 78 Stat. 890-896; U.S. Congress 1964) prohibits commercial activities not directly related to visitor use in wilderness. "Except as specifically provided for in this Act, and subject to existing private rights, there shall be no commercial enterprise . . . within any wilderness area designated by this Act." The specific provision is contained in Subsect. 4 (d) (6) which states that "Commercial services may be performed within the wilderness areas designated by this act to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas." Subsect. 4 (d) (1) states "Within wilderness areas designated by this Act the use of aircraft or motorboats, where these uses have become established, may be permitted to continue subject to restrictions as Secretary of Agriculture deems desirable."

1966, 29 Dec. Unauthorized commercial activities prohibited in park areas.

"Engaging in. . .any business in park areas, except in accordance with the provisions of a permit, contract or other written agreement,. . . is prohibited." In contrast with earlier regulations these regulations lacked special authorization for commercial fishing in the Monument. (31 FR 16661, 36 CFR 5.3; U.S. Congress 1966)

1971/ 74. Draft Glacier Bay National Monument Master Plan and Environmental Impact Statement.

Discusses commercial fishing activity (halibut, salmon, crab, shrimp, and scallops) within the Monument, including a limited discussion of type of activity and locations (USNPS 1971). Also discusses the impacts to fishery of both redesignation of monument as a national park and designation of some areas as wilderness. The draft EIS (USNPS 1974) which was never approved noted "Commercial fishing generally would not be impacted by this master plan proposal. However, some loss of potential commercial salmon and halibut and crab will be lost in upper Dundas Bay and Hugh Miller Inlet which will be designated as water wilderness areas. The magnitude of impact is believed to be low, however, because little use of these areas has been made by fishermen to date."

l971-76: Conservation groups support wilderness and oppose mining.

National conservation groups support 2-million acre wilderness designation in Glacier Bay National Monument and oppose Newmont Exploration Ltd. proposals for major mining development on Brady Icefield, access road down Dixon River, and industrial/ transport townsite at Dixon Harbor (Catton 1995). Wilderness designation was deferred by Nixon and Ford administrations pending completed mineral surveys in the Monument. Mining threat allayed by Mining in the Parks Act of l976--legislation brought about by national conservation groups to halt uncontrolled mining in six units of National Park System where special mining acts made such mining legal. The l976 Act repealed the l936 special mining act for Glacier Bay National Monument.

l971, Dec. 18. Alaska Native Claims Settlement Act of l971 (ANCSA) and 1980 Alaska National Interest Lands Conservation Act (ANILCA). ANCSA abolished native title to submerged lands and fishing rights (Catton 1995). ANCSA also launched the "d-2" era leading to ANILCA in l980. This period was dominated by the struggle between development interests and conservation/ preservation interests, the latter combining Alaska and National organizations in the Alaska Coalition. By the terms of ANILCA, Glacier Bay was redesignated a National Park and Preserve, with National Park land base designated "instant" wilderness, along with selected waters. These changes confirm the intent of Congress, inadvertently dropped from ANILCA Sec. lll0 in markup, that Glacier Bay was to be considered an "old line" rather than an ANILCA-generation park (see also U.S. Congress 1980).

1974. State implements Limited Entry for most salmon fisheries. Icy Strait and Homeshore seine closure.

The Commercial Fisheries Entry Commission determined the maximum number of participants in the power troll and criteria for determining eligibility (AS 16.43.010-990). The decline of northern Southeast pink salmon stocks led to the closure of all of Icy Strait (exclusive of Excursion Inlet) to seine fishermen to allow adequate escapement of stocks returning to northern Southeast (Langdon 1980). This reportedly severely affected the economic standing of seine fishermen and many eventually lost their boats.

1976, April 13. U.S. Magnuson Fishery Conservation and Management Act (MFCMA).

Enacted in response to unrestricted foreign fisheries harvest off Alaska (Public Law 94-265, Apr. 13, 1976; 90 Stat. 331; Title 16, §1801, et seq.; U.S. Congress 1976). This act required renegotiation of all international fisheries treaties, established fishery management councils for regulating fisheries and established the U.S. Fisheries Conservation Zone. The U.S. Fisheries Conservation Zone resulted in the creation of the Exclusive Economic Zone (EEZ) within 200 miles of the U.S. coast. The North Pacific Fisheries Management Commission was created under this act to develop federal fishery management plans (FMPs) for fisheries in the EEZ.

This act also relegated control of Alaska's fisheries to state (ADFG) and federal agencies such as the National Marine Fisheries Service (NMFS). The ADFG is responsible for management of salmon, herring, crab and other invertebrate fisheries. NMFS, with the exception of a few small fisheries within the inside waters of Southeast Alaska and Prince William Sound, is responsible for management of all groundfish fisheries.

1978. Redwood National Park Act.

Amendment to the Organic Act. It states "The authorization of activities shall be construed and the protection, management and administration of (NPS areas) shall be conducted in light of the high public value and integrity of the National Park System and shall not be exercised in derogation of the values and purposes for which these various areas have been established, except as may have been or shall be directly and specifically provided by Congress (PL 95-250, 92 Stat. 163, 16 USC Sec. § 1a-1; U.S. Congress 1978)." This act provided the statutory authority for the 1983 NPS ban on commercial fishing.

1978, April. Establishment of USFWS Ad Hoc Task Force to review and evaluate NPS fisheries management/ policies (USFWS 1978, 1979).

1978, 1 Dec. Presidential Proclamation to set apart and reserve lands for inclusion in the Monument.

Presidential Proclamation 4618 (43 FR 234; Carter 1978) ". . . set apart and reserved for inclusion in the Glacier Bay National Monument all lands, including submerged lands, and waters owned or controlled by the United States within the boundaries of the area depicted as the Enlargement of Glacier Bay National Monument on the map numbered GLBA-90,005 . . ." The reserved area consisted of approximately 550,000 acres.

1979. Two year phase-out of reciprocal fishing privileges between U.S. and Canada for Pacific halibut.

The Magnuson Act (U.S. Congress 1976) required renegotiation of international fisheries treaties. The U.S. and Canada renegotiated an amendment or protocol to the 1953 Halibut Convention (International Pacific Halibut Ccommission 1987). The Protocol implemented a two year phase-out of reciprocal fishing privileges between the countries and required specific proportions of the harvest in certain International harvest areas to be allocated between the two countries.

1979, 30 Jan. C. Richard Neely (DOI solicitor) opinion.

Cites case law to argue that the NPS has the power to regulate the uses of waters within Park boundaries regardless of who has title to the submerged lands (Neely 1979).

1980. Chinook salmon harvest range implemented for troll fishery.

The North Pacific Fishery Management Council and the Alaska Board of Fisheries implement chinook harvest range in the troll fishery (5 AAC 33.365 (b)).

1980, 25 Feb. USFWS Ad Hoc Task Force report published.

NPS published notice of availability of the task force's report in the Federal Register (45 FR 12304) and requested public comment. The report considered commercial fishing to be a "non-conforming use of park resources" and called for the phase-out of commercial fishing "except where it is an appropriate use based on historical or cultural significance (USNPS 1980a)." The task force recommended that the NPS should enter into cooperative agreement with state conservation agencies to develop aquatic management programs to meet NPS objectives. Another recommendation was that "only fishery management programs that support NPS goals and objectives for aquatic resources shall be permitted."

1980, 15 May. Publication of proposed humpback whale regulations.

These were the first (45 FR 32233, 32236, 36 CFR § 7.23; USNPS 1980b) of a series of proposed regulations affecting humpback whales. Final whale regulations prohibiting commercial and charter fishing for whale prey species (i.e., capelin, sandlance, euphausids, shrimp and Pacific herring) were published in the Federal Register (45 FR 30294) and codified (36 CFR § 13.65; USNPS 1983b) in 1983. However, the interim rule prohibited commercial or charter fishing operations for capeline, sandlance, euphausids and shrimp on this date.

1980, 2 Dec. Alaska National Interest Lands Conservation Act (ANILCA).

Redesignated the Monument as a Park including all land and waters of the existing Monument plus additional land areas in the Dry Bay Preserve (Public Law 96-487; U.S. Congress 1980). Explicitly states that commercial fishing operations in Dry Bay would continue and subsistence use in this area and in any portion of the 1978 monument designation where such uses were carried out prior to December 1978 should be continued. Stipulated that certain NPS units in Alaska including Glacier Bay "are intended to be large sanctuaries where fish and wildlife may roam freely, developing their social structures and evolving over long periods of time as nearly as possible without the changes that extensive human activities would cause." Established virtually the entire land area of the Park as Wilderness and also included five marine areas of Glacier Bay as Wilderness waters. Wilderness areas were to be administered in accordance with the 1964 Wilderness Act (Public Law 88-577, 16 USC 1133 (c); U.S. Congress 1964). Allowed for continued motorized access to Wilderness areas for traditional activities unless such motorized use was a detriment to the resource. However, commercial activities not related to recreational and wilderness purposes are prohibited by the Wilderness Act.

1981. Summer troll closure and special regulations implemented for allocation and conservation.

The summer coho troll fishery was closed for conservation reasons (5 AAC 33.365 (a) 3-5). Additionally, eight day on and six day off troll fishing periods were implemented in portions of Districts 12, 14 and 15 from July 15 through September 20 (5 AAC 33.311 (m)). Eight day on and six day off periods were in effect through 1985. These regulations did not cover Glacier Bay waters north of 58° 27' 54" (ca. Young Island-Rush Point).

1982, 5 May. J. Roy Spradley, Jr. (DOI solicitor) memorandum.

The Spradley (1982) memorandum is a legal opinion asserting that Glacier Bay wilderness waters should be closed to commercial fishing under terms of ANILCA and the Wilderness Act of 1964. Based on language in the Wilderness Act that prohibits the non-recreational commercial uses of wilderness. The opinion states that while motorized access to wilderness is allowed under ANILCA, the purpose for such access must be the pursuit of activities that are both "permitted" and "traditional." Since the activity of commercial fishing in wilderness is specifically prohibited by the Wilderness Act, it fails the first test, and therefore it is not necessary to determine if it is a "traditional" activity.

1982, 29 Sept. Robert E. Price (State Asst. Attorney General) memorandum.

This memorandum (Price 1982) is a legal analysis for the Citizens' Advisory Commission on Federal Areas (CACFA) refuting the May 5, 1982 DOI solicitor's claim to federal jurisdiction over the marine waters in Glacier Bay. Price's position was that jurisdiction over submerged lands lies with the state according to the Alaska Statehood Act and Submerged Lands Act. Price suggested that the CACFA recommend to Congress that it amend ANILCA with a new map of Glacier Bay deleting the Wilderness designation from the waters above submerged lands. If Congress was unwilling to take action then the "commission could recommend to the Attorney General of the State of Alaska that he initiate action in the US Supreme Court to establish ownership of submerged lands in the state."

1983. Alaska's hand troll fleet placed under limited entry.

Participation in the hand troll fishery rapidly increased between 1975 and 1978 along with the average catch per week and the average number of weeks fished by participants (Shirley 1992). Placing this fishery under limited entry was highly contentious but by 1983 this fishery was limited and regulations codified (20 AAC 05.330).

1983, 30 March. Don Baur (DOI solicitor) research note (possibly dated 29 November 1982 in Catton).

Legal opinion (Baur 1983) affirming that submerged lands were included in the original and expanded National Monument and remained under federal ownership even after Alaska became a state. Defines "lands" and "public lands" in the Monument proclamations to include submerged lands. Argues that water areas and submerged lands are essential "to fulfill the scientific study and public use purposes" of the Park.

1983, 6 April. Proposed regulation to close wilderness waters to commercial fishing and prohibit trawling.

Proposed rule published in the Federal Register (48 FR 14980; USNPS 1983a). Provides for permanent closure of 5 marine Wilderness Areas in GBNPP to snowmachines, motorboats and aircraft from 1 May-1 Sept. and to permanent closure of these areas to commercial fishing in compliance with the Wilderness Act. The proposed rule would also close the bay to trawling.

1983, 10-16 April. Public hearings on proposed regulations and the General Management Plan.

Commercial fishing interests express that the proposed commercial fishing regulations are unjust and believe them to be a means to reduce vessel traffic in the bay (Alaska Fishermen's Journal 1983 in Catton 1995). They argue that the regulations allowed recreational vessels access to Wilderness during the height of the season but prevented commercial fishing vessels from entering even during winter. Fishermen held that the NPS was being discriminatory in allowing recreational but excluding commercial fishing vessels.

1983, 11 May. Joseph W. Geldhof memorandum to John Katz, Special Counsel to the Governor

The state's legal analysis (Geldhof 1983) lays out "options" to Department of Interior's proposed regulations to close Glacier Bay to commercial fishing. These options are separately discussed, and include administrative, litigative and legislative solutions. Geldhoff suggests that negotiations should continue with the Secretary of the Interior to provide discretionary relief for the continuation of commercial fishing. He suggests the Governor's office could also request that the Federal Government solicit public input, prepare an Environmental Assessment and extend the comment period prior to final rulemaking. Geldhoff suggested that the state explore a legislative solution to the commercial fishing issue before litigation.

1983, 30 June. NPS prohibition of commercial fishing.

In response to the Redwood National Park Act, this regulation (48 FR 30252 and 36 CFR § 2.3 (d) (4); USNPS 1983a) prohibited commercial fishing in all areas of National Parks "except where specifically authorized by Federal statutory law." An earlier draft of this regulation referred only to commercial fishing in freshwater and not saltwater; this version went through a public review process but little input was received from Alaskans and the NPS. When published in final form, the regulation was amended to include marine waters.

1983, 1 July. Whale protection regulations and exemption of commercial fishing vessels from vessel entry requirements. Commercial fishing harvest restricted for four whale prey species (i.e., capeline, euphausids, sandlance, and shrimp (36 CFR § 13.65 (f): USNPS 1983b). Harvest of shrimp in the family Pandalidae was not permitted. Commercial fishing vessels were exempted from seasonal vessel entry limits.

1983, 12 Aug. J. Roy Spradley, Jr. (DOI Solicitor) note.

Solicitor's opinion (Spradley 1983) stating that the commercial fishing regulations of 1983 (36 C.F.R. § 2.3 (d) (4)) do not apply to Glacier Bay. Language in the preamble to the regulations states that commercial fishing in NPS units is prohibited "unless authorized by Federal statutory law or regulation." Because whale regulations in effect at that time (36 C.F.R. § 7.23 (f)) indicate that NPS sanctions commercial fishing (by restricting the catch of 5 species deemed to be whale prey), Spradley concluded that this preamble language exempts Glacier Bay from the prohibition. Note: The Federal Register (FR 48 30256) of June 30, 1983 states that "all commercial fishing is prohibited unless authorized by Federal statutory law or regulation," but 36 CFR 2.3 (d)(4) revised as of July 1, 1983 omits the "or regulation" clause.

l983. Senate rejects bill to change Glacier Bay National Park status to preserve.

S. 49 sponsored by Alaska delegation: A bill to change Glacier Bay and other old-line National Park additions (12 million acres total) to preserve status rejected by Senate because of national conservation groups' opposition (Catton 1995).

1984. Southeast king and Tanner crab fisheries placed under limited entry.

(20 AAC 05.330)

1984, 20 July. Glacier Bay General Management Plan approved by NPS Director Russel E. Dickinson.

Categorically allows traditional commercial fisheries to continue (USNPS 1984). Specifically the GMP states "The Alaska Department of Fish and Game will continue to regulate commercial fishing in Glacier Bay National Park and Preserve, which is consistent with ANILCA and state Law. Traditional commercial fishing practices will continue to be allowed throughout most park and preserve waters. However, no new (nontraditional) fishery will be allowed by the National Park Service. Halibut and salmon fishing and crabbing will not be prohibited by the Park Service. Commercial fishing will be prohibited in wilderness waters in accordance with ANILCA and the Wilderness Act."

1985, 10 May. Whale protection regulations, prohibition of trawling in Glacier Bay and exemption of commercial fishing vessels from vessel entry requirements. Commercial fishing vessels engaged in commercial fishing within the Park are exempt from obtaining a vessel permit provided use levels remain at or below 1976 use-levels (45 FR 30294 and 36 CFR § 13.65 (3) (iii) (A); USNPS 1985). Commercial fishing harvest restricted for two additional whale prey species; herring and pollack plus two specific genera (Pandalus and Pandalopsis) of shrimp. The 1983 regulations restricted commercial fishing for capeline, euphausids, sandlance, and shrimp (36 CFR § 13.65 (b)(5-6)). Additionally, trawling within Glacier Bay is prohibited. These regulations implicitly acknowledge that commercial fishing was occurring in the Park.

1985. Pacific Salmon Commission mandates all-gear chinook salmon quota for Southeast Alaska.

Chinook salmon harvest quotas were set for Southeast Alaska (5 AAC 33.365 (b) (8)) because habitat loss throughout the Pacific Northwest dramatically impacted these stocks.

1985. Pacific Salmon Treaty.

Established an international management organization tasked with rebuilding salmon stocks, limiting harvest where appropriate, and defining equitable allocations between the U.S. and Canada. This latter task has been extremely controversial and renegotiation of treaty components is a recurring process.

l986. Glacier Bay achieves status as International Biosphere Reserve.

Glacier Bay National Park and Preserve designated, with Admiralty Island, an International Biosphere Reserve as part of UNESCO's International Man and the Biosphere program, thus becoming part of a world-wide network of representative and protected research ecosystems (Catton 1995).

1986. NPS, under Supt. Tollefson, proposes changes in status of wilderness waters and designation of new areas.

NPS began a wilderness review in 1984 to determine qualification of parklands as wilderness. Conflicts between wilderness and commercial fishing interests resulted in a decision to reconsider the designation of 53,270 acres of existing wilderness. The proposed alternative recommended designation of new wilderness waters for part of Muir Inlet and Wachusett Inlet while deleting wilderness status for the Beardslee Islands, Adams Inlet entrance, Rendu Inlet, part of Hugh Miller Inlet and part of Dundas Bay (USNPS 1988). However, this alternative was never adopted and was modified by NPS during Jensen's Superintendency. Under Jensen, NPS proposed minor modifications to wilderness and closure of commercial fishing in wilderness waters (Mott 1988).

Feb. 1986. National Rifle Association v. Potter decision has direct relevance to Glacier Bay commercial fishing issue. Landmark suit brought by NRA against Acting Assistant Secretary of the Interior for Fish and Wildlife in Parks. NRA case argued that NPS could permit trapping in parks when not in derogation of park values while NPS argued trapping may not be permitted unless specifically authorized by law. Feb. 1986 decision by U.S. District Court for the District of Columbia decided in favor of NPS position based on 1916 Organic Act and 1978 Redwoods Act. Commercial fishing, similar to trapping and hunting, requires specific authority in law to be allowed in National Parks. No specific authorization exists for Glacier Bay except in the Preserve (Buono 1993).

1988. NPS Science Symposium Publication "Commercial Fishing Patterns in Glacier Bay National Park."

The purpose of the Taylor and Perry (1988) report was to provide a "comprehensive overview of commercial fishing within Park marine waters." The report also contains a number of recommendations, including: 1) improving exchange of fisheries information between NPS and ADFG; 2) preparation of a report of commercial fishing activities at least every three years; 3) working with ADFG to establish Glacier Bay as a separate statistical reporting unit for all species taken; 4) phasing out of commercial fishing within wilderness waters; 5) prevent establishment of new commercial fisheries in park waters. The report (p. 37) also states that "For the present, however, the Park Service has no inclination to establish a general prohibition of or phasing out of commercial fishing in Glacier Bay."

1988. Pacific Salmon Commission and Alaska Board of Fisheries mandate a July 1 opening date for the general troll season. (5 AAC 33.365 (b) 16 (B)). However, experimental troll and hatchery access troll fisheries have occurred during June.

1988. Final Environmental Impact Statement for the Wilderness Recommendation in Glacier Bay.

ANILCA required the Secretary of the Interior to evaluate the suitability or nonsuitability of all nondesignated wilderness areas in NP units in Alaska for preservation as wilderness and to make recommendations to Congress. The environmental impacts of the proposed wilderness recommendation and four alternatives are examined in this report (USNPS 1988). This document also provides reference that indicates commercial fishing in park waters outside of designated wilderness would continue.

1989, April. State Board of Fisheries Actions Affecting Glacier Bay.

At its Spring meeting the Board of Fisheries made the determination that the residents of Hoonah have a customary and traditional use of fish in an area that includes Glacier Bay National Park (USNPS 1989). In a related action, the Board also authorized a personal use fishery in the bay and elsewhere in Southeastern Alaska, including residents of Gustavus, Elfin Cove and Pelican.

1989, 22 May. Letter from Superintendent Marvin Jensen to ADFG Commissioner Don Collinsworth.

The Jensen (1989) letter states that subsistence use is not allowed in Glacier Bay National Park and requests that ADFG issue no further permits for subsistence use in the Park. Asks that copy of letter be given to anyone inquiring about subsistence use in the park.

1989, 30 May. Letter from Acting Regional Director Dick Stenmark to Commissioner Collinsworth.

NPS again formally requests that ADFG cease issuing subsistence permits for activities within Glacier Bay (Stenmark 1989). Letter warns that citations may be issued to state permit holders who conduct illegal activities within Park boundaries. State is also asked to delay issuing personal use fishing permits within the Park for one year.

1989, 16 June. Letter from ADFG Commissioner Collinsworth to Dick Stenmark.

The Collinsworth (1989) letter states that ADFG will issue subsistence permits to Hoonah residents upon

request, as the department does not have the discretion to not issue the permits. ADFG does agree to include a statement to the subsistence permit holder that NPS may issue citations to persons found fishing with subsistence permits in the park. The letter also states that ADFG has decided to issue personal use fishing permits to qualifying residents.

1989, July. Report 101-85 Department of the Interior and Related Agencies Appropriations Bill, 1990.

The U.S. House of Representatives Committee on Appropriations directed the NPS to "begin a dialog with the State and the local Native people to resolve this [subsistence fishing activity within Glacier Bay] issue (Alaska Senate 1989)." Committee also directed NPS to examine possible solutions, including legislative solutions and to submit a report outlining its recommendations to the Committees on Appropriations no later than May 1, 1990. The NPS was discouraged from engaging in a policy of prohibiting subsistence activities unless it was shown that such activities would clearly have a substantial adverse impact on the fish and wildlife resources in the park.

1989, 14 Aug. Ruth Ann Storey (DOI Solicitor) memorandum.

The latest US DOI legal opinion (Storey 1989) on commercial fishing in NPS files. Briefly outlines the department's legal position on 6 key issues. Asserts that 1) the Park has title to all submerged lands, 2) that United States v. California does not apply to Glacier Bay, 3) that wilderness waters are closed to commercial fishing, 4) that the 1983 regulations closed commercial fishing in non-wilderness waters, 5) that subsistence cannot be allowed in the Park and 6) that personal use fishing is allowed in the Park.

1990, 5-9 March. Public meetings sponsored by Citizens' Advisory Commission on Federal Areas and NPS.

Public meetings held in Juneau, Hoonah, Pelican, Gustavus and Yakutat to discuss the issues of commercial and subsistence fishing within Glacier Bay National Park and Preserve (Catton 1995).

1990, March. House Joint Resolution No. 92 on continued subsistence and commercial fishing in GLBA.

HJR 92 requested that the NPS terminate its proceedings to close Glacier Bay NP to subsistence and commercial fishing; that NPS regulations be amended to expressly provide for subsistence fishing in the Park in accordance with ANILCA; and that commercial fishing be allowed in the nonwilderness areas of the park under state law (Alaska House of Representatives 1990).

1990, 21 Aug. Alaska Wildlife Alliance (AWA) files civil action against NPS management of Glacier Bay.

The AWA and American Wildlands filed a civil action against the NPS (AWA 1990) charging that the NPS was: 1) in violation of the National Environmental Policy Act for failing to prepare a supplemental environmental assessment (EA) on vessel management, 2) required to prepare a study plan to assess effects of vessel traffic on humpback whales, 3) ordered to stop reallocation of vessel entry permits until the supplemental EA could be completed, 4) ordered to reduce vessel entry limitations to the 1982 level until the EA could be completed, 5) in violation of the Marine Mammal Protection Act, the Concessions Policy Act and ANILCA for allowing illegal commercial and subsistence fishing to occur, and 6) ordered to immediately stop illegal commercial fishing in the Park. Holland American Line-Westours, Inc. and Allied Fishermen of Southeast Alaska intervened in the suit to protect their interests.

1990, Dec. - 1991, May. Glacier Bay Citizens Caucus.

Participants and observers from adjacent communities, various interest groups and state and federal organizations, through a series of meetings (in Hoonah on 19 and 20 January 1991, and in Juneau on 26 and 27 Feb.) and working groups, discussed their level of agreement on the management of marine waters in Glacier Bay National Park and Preserve. The Caucus eventually compromised on a draft summary proposal (SEACC 1991) which outlined three main elements for their position: 1) the Outer Coast (excluding Lituya Bay) and Icy Strait (excluding Dundas Bay) would be open to existing types and levels of commercial fishing forever, 2) commercial fishing would be prohibited in wilderness waters with boundary changes for existing areas and redesignation for Dundas, Muir Inlet, the Beardslees and Rendu Inlet; some wilderness waters would be motorless, and 3) areas other than those permanently open to fishing or wilderness would be studied, with citizen group input on study design. The Native Traditional and Customary Use and Sovereignty Committee supported traditional and customary use of Park resources by Tlingit people.

1991. A license moratorium is established for the Southeast Alaska Dungeness crab fishery.

The CFEC determined increased growth in the Dungeness crab fishery and prohibited licensing of additional participants (20 AAC 05.330).

1991, 2 Aug. S. 1624. A Bill to amend ANILCA to improve management of Glacier Bay National Park.

This bill, introduced by Senator Murkowski (Murkowski 1991) and referred to the Committee on Energy and Natural Resources, would have amended ANILCA to: 1) permit subsistence use of GLBA in accordance with Title VIII, 2) allow fisheries occurring before 1989 to continue, and 3) permit up to two cruise ships (vessels greater than 100 gross tons) a day in the Bay between the dates of June 1 and August 31. The bill also contained a provision for study to evaluate effects of vessel increases on whales for a period of six years following enactment of the Act and a disclaimer that the Act would have no effect on State or Federal jurisdiction over submerged lands or waters.

1991, 5 Aug. Proposed rule published in Federal Register to phase-out commercial fishing in the Park.

The proposed amendment was to allow commercial fishing to occur in the Park until December 31, 1997. Continuation of commercial fishing beyond this date would require a finding that uses are compatible with protection of Park values and purposes. This would require promulgation of new regulations. The proposed regulations clarify that commercial fishing in designated wilderness areas is illegal and that subsistence fishing within the Park is not permitted. (FR 37262; USNPS 1991b)

1991, 25 Sept. H.R. 3418. A Bill to regulate fishing and maritime activities in certain waters of Alaska.

This bill, introduced by Representative Don Young (Young 1991) and referred to the Committees on Interior and Insular Affairs and Merchant Marine and Fisheries, was drafted to amend state jurisdiction over commercial fishing in Section 306 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1856 (a) 2), permit subsistence fishing in Glacier Bay , and to permit two cruise ships daily entry into the Bay between June 1 and August 31 of each year. The Bill also directed the Secretary of Interior to conduct a study of the effect of vessels on whales with results to be reported six years after the enactment of this Act. Language in this Bill explicitly states that it does not affect jurisdiction of the State of Alaska over submerged lands.

1992, 4 Aug. Proposed amendment to S. 1624.

This memorandum was submitted to the Committee on Energy and Natural Resources by Senator Murkowski (Murkowski 1992). It amended S. 1624 regarding permitted types of subsistence activities to include fishing and gathering and provided a prohibition on building structures associated with these activities within Park boundaries. The Bill also provided clarification that commercial fishing would occur only in non-wilderness areas within the Park using commercial fisheries means and methods employed between 1980 and 1991. Fisheries allowed to continue include seining in Excursion Inlet, trolling, longlining and the use of pots and ring nets. The Bill also provided for a multi-agency research and monitoring program to: evaluate the health of fishery resources, determine the effect of commercial fishing and determine appropriate harvest levels and methods in GLBA over a period of seven years. Fishing effort within the Bay proper for each species would not have been allowed to exceed the average annual effort for each species during 1980-1991.

1992, 23 Dec. Allied Fishermen of Southeast Alaska (AFSA) file civil action as intervenor in AWA vs. NPS.

AFSA asserts that commercial fishing in Glacier Bay National Park is not illegal (Allied Fishermen of Southeast Alaska 1993). This argument is based on ANILCA, the question of state vs. federal jurisdiction of marine waters, and the NPS's lack of biological evidence for negative impacts of commercial fishing on Park resources.

1993, 27 Jan. H.R. 704. A Bill to regulate fishing in certain waters of Alaska.

This Bill, introduced by Representative Don Young (Young 1993) and referred to the Committees on Natural Resources and Merchant Marine and Fisheries, was similar to H.R. 3418 and allows for subsistence fishing and gathering within Glacier Bay. The Bill would also seek to allow commercial fishing at levels of effort for each species similar to the annual average during the period 1981-1991 but only in non-wilderness waters. It further directs the Secretary of the Interior in consultation with the State to study the effect of commercial fishing in the Park over a three year period following enactment of the Act. Only types of fishing gear used in the fisheries since 1981 could be used in the continuing fishery. Language in this Bill again explicitly states that it does not affect jurisdiction of the State of Alaska over submerged lands.

1993, 12 Mar. S. 291. A Bill to amend ANILCA to improve management of Glacier Bay National Park.

This bill which is the amended version of S. 1624 was a second attempt by Senator Murkowski to amend ANILCA to allow subsistence use, and commercial fishing in Glacier Bay (Murkowski 1993).

1993, 8 Sept. Letter to Sec. Babbitt from Southeast Alaska Working Group (SEWG) outlining consensus position. Outlines a consensus position on commercial fishing developed over the preceding three years through a series of public workshops and discussions with a wide range of interest groups (Kelley et al. 1993). The letter was signed by representatives of: Allied Fishermen of Southeast Alaska, SEACC, Sealaska Corp. and ADFG. General and specific consensus points were outlined. Specific consensus points were provided on commercial and subsistence fishing, subsistence and wilderness waters. These consensus points were similar to provisions outlined in S. 291 except that studies were proposed for ten years and the working group took issue with wilderness uses and boundaries as defined in ANILCA and the Wilderness Act.

1994. Alaska Board of Fisheries places 45,000 fish harvest ceiling on winter chinook salmon troll fishery.

In addition, the Board of Fisheries closes the winter troll fishery in the area north of Cape Spencer. These actions were codified in 5 AAC 33.365 (b) 16 (A) and 5 AAC 33.311 (d), respectively.

1994. Judge Holland decision in Alaska Wildlife Alliance v. Jensen.

The issue of whether commercial fishing is prohibited by statute (i.e., Organic Act) was briefed and argued to the district court. Judge Holland (1994) ruled that there "is no statutory ban on commercial fishing in Glacier Bay provided, however, that commercial fishing is prohibited in that portion . . . designated as wilderness." Plaintiffs dismissed the remaining counts of the complaint and filed a notice of appeal to the Ninth Circuit Court. Issue on appeal is whether statutory prohibition on commercial fishing exists for Glacier Bay. Allied Fishermen of Southeast Alaska has filed a cross appeal to argue against the wilderness prohibition.

l994. Glacier Bay designated as part of International World Heritage Site.

With support from the International Union for the Conservation of Nature, GBNPP designated as part of the Yukon-Saint Elias World Heritage Site in response to U.S. and Canadian conservation/ preservation-group concerns over Windy Craggy mine proposals in British Columbia that would jeopardize the Alsek-Tatshenshini drainage in both countries (Catton 1995). Combining Wrangell-Saint Elias and GBNPP in the U.S., and Kluane NP (Y.T.) and the Alsek-Tatshenshini Provincial Park (B.C.), the Yukon-Saint Elias World Heritage Site is one of the largest protected landscapes in the world.

1995. The North Pacific Fishery Management Council implements Individual Fishing Quotas (IFQs) for halibut and sablefish fisheries. In response to demands for change in the open access fisheries from fishermen, processors, marketers and managers the NPFMC established IFQs. Final rule was published in the Federal Register as law in November 1993 (50 CFR 676). The IFQ program was implemented in 1995.

1995. Memorandum of Understanding established between Hoonah Indian Association (HIA) and the NPS.

The purpose of this agreement (HIA and NPS 1995) is to recognize the government to government relationship and identify areas of mutual concern and support, establish a framework for cooperative relationships and promote communication between the HIA and NPS.

1995, 14 Dec. Southeast Alaska Dungeness crab fishery goes to limited entry.

The Commercial Fishing Entry Commission determined that the Dungeness crab fishery should go to limited entry and this was codified in 20 AAC 05.310 (e). A tiered system will be used to award points in determining eligibility of applicants for permits based on participation in the fishery between 1988 and 1992. The proposed application period is 3-16 September with the CFEC expecting to begin implementation in some form during the 1997 season.

1995-96. NPS and ADFG dialogue with commercial fishery stakeholders.

In September of 1995, park staff met with the ADFG Deputy Commissioner and state commercial fisheries managers to review the history of state, federal and congressional delegation interactions regarding commercial fishing and to explore options for resolution. Both the NPS and state agreed that a stable, long-term resolution required the involvement of key stakeholders representing the commercial fishing industry, local Tlingit people, and conservation groups. Subsequently, NPS and ADFG sponsored meetings with commercial fishers, local Tlingits, environmental groups and other interested parties on December 5, 6, 1995; March 13, 14 and May 2, 3, 1996, in an attempt to come to some resolution on the commercial fishing issue in Glacier Bay. The process was halted because of concerns related to the Federal Advisory Commission Act (FACA).

1996, May. NPS publishes final rule concerning vessel management in Glacier Bay.

These regulations, implemented 1 June, closed wilderness waters to motorized vessels from 1 May through 15 September. The vessel closure included the Beardslee Islands where the majority of Dungeness crab fishing in inside park waters occurs. However, NPS agreed not to implement closure of the Beardslee Islands to commercial Dungeness crab fishing vessels for the 1996 summer season.

1997, 6 March. Ninth Circuit Court of Appeals decision on the Alaska Wildlife Alliance v. Jenson appeal and Allied Fishermen cross appeal. Circuit Court judges Wright, Schroeder and Kleinfeld (1997) upheld the Holland decision. ANILCA and the Wilderness Act prohibit commercial fishing in Park wilderness areas. No statutory prohibition on commercial fishing exists for Glacier Bay outside of wilderness. The NPS has discretionary authority to allow or prohibit commercial fishing outside of wilderness.

1997, 16 April. Proposed rule published in Federal Register outlines a proposal for resolution of the commercial fishing issue and invites and encourages public discussion. The proposed rule outlines the events leading to the rulemaking, describes the proposed action on commercial fishing and briefly describes alternatives under consideration pending an Environmental Assessment. Alternatives range in scope from immediate closure of all commercial fisheries in Park waters to continued fishing in all Park waters except wilderness. The proposed rule would prohibit commercial fishing activities in Glacier Bay proper. However, a 15 year exemption would offer a phase out approach for halibut, salmon, Dungeness and Tanner crab fishermen able to demonstrate a historical reliance based on qualifying criteria. With the exception of a Dungeness crab research project in the Beardslee Islands, commercial fishing would not be allowed during the visitor-use season (May 1-Sept. 30). Commercial fishing would be prohibited in Wilderness with the exception of a 5-7 year Dungeness research study. The proposed rule would authorize continued commercial fishing by established fisheries and gear types in waters outside Glacier Bay proper with re-examination after 15 years. All commercial fishing activities would be governed by a fishery management plan developed cooperatively by the NPS and state. (FR 18547; USNPS 1997)

1997. NPS initiates NEPA compliance process to analyze effects of alternatives designed to resolve the Glacier Bay commercial fishing issue. An Environmental Analysis is currently being prepared by park staff with input from other sources to determine whether an Environmental Impact Statement is required and to assist NPS planning and decision-making.

1997, 24 July. S. 1064. A Bill to amend ANILCA to more effectively manage visitor service and fishing activity in Glacier Bay National Park, and for other purposes. This bill, introduced by Senator Murkowski (Murkowski 1997) and referred to the committee on Energy and Natural Resources, proposes legislation concerning: infrastructure improvement, small passenger vessel (tourboats) entry permits, a survey of Park users and fishing in Glacier Bay National Park. Section 6 of the proposed bill would amend Section 1314 of ANILCA to allow commercial and subsistence fishing in Park waters, designate Glacier Bay as a Marine Fisheries Reserve, allow continued fishing in the Beardslee Islands Wilderness based on specific historic participation criteria and establish a five-person science advisory council to oversee scientific issues and provide input to fishery managers.