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Notes

36 C.F.R. §§ 13.1170–13.1180

6 sections in range

§13.1170. What are the rules for operating vessels?

36 C.F.R. § 13.1170

(a)
Operating a vessel within 1/4 nautical mile of a whale is prohibited, except for a commercial fishing vessel authorized under this subpart that is actively trolling, setting, or pulling long lines, or setting or pulling crab pots.
(b)
The operator of a vessel inadvertently positioned within 1/4 nautical mile of a whale must immediately slow the vessel to ten knots or less, without shifting into reverse unless impact is likely. The operator must direct or maintain the vessel on as steady a course as possible away from the whale until at least 1/4 nautical mile of separation is established. Failure to take such action is prohibited.
(c)
The operator of a vessel or seaplane positioned within 1/2 nautical mile of a whale is prohibited from altering course or speed in a manner that results in decreasing the distance between the whale and the vessel or seaplane.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 3101 et seq. ; 54 U.S.C. 100101, 100751, 320102; Sec. 13.1204 also issued under Pub. L. 104-333, Sec. 1035, 110 Stat. 4240, November 12, 1996.

Source

Source: 71 FR 69333, Nov. 30, 2006, unless otherwise noted.

§13.1172. When general operating restrictions do not apply.

36 C.F.R. § 13.1172

Section 13.1170 does not apply to a vessel being used in connection with federally permitted whale research or monitoring; other closures and restrictions in “Vessel Operating Restrictions,” §§ 13.1170 through 13.1180, do not apply to authorized persons conducting emergency or law enforcement operations, research or resource management, park administration/supply, or other necessary patrols.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 3101 et seq. ; 54 U.S.C. 100101, 100751, 320102; Sec. 13.1204 also issued under Pub. L. 104-333, Sec. 1035, 110 Stat. 4240, November 12, 1996.

Source

Source: 71 FR 69333, Nov. 30, 2006, unless otherwise noted.

§13.1174. Whale water restrictions.

36 C.F.R. § 13.1174

(a)
May 15 through September 30, the following waters are designated as whale waters.
(1)
Waters north of a line drawn from Point Carolus to Point Gustavus; and south of a line drawn from the northernmost point of Lars Island across the northernmost point of Strawberry Island to the point where it intersects the line that defines the Beardslee Island group, as described in § 13.1180(a)(4), and following that line south and west to the Bartlett Cove shore (so as to include the Beardslee Entrance and Bartlett Cove); and
(2)
Other waters designated by the superintendent as temporary whale waters.
(b)
The public will be notified of other waters designated as temporary whale waters in accordance with § 1.7 of this chapter.
(c)
Violation of a whale water restriction is prohibited. The following restrictions apply in whale waters unless otherwise provided by the superintendent in the designation:
(1)
Operating a motor vessel less than one nautical mile from shore (where the width of the water permits), or in narrower areas navigating outside of mid-channel is prohibited. This restriction does not apply to motor vessels less than 18 feet in length, or vessels actively engaged in fishing activities or operating solely under sail.
(2)
Unless other restrictions apply, operators may perpendicularly approach or land on shore (i.e., by the most direct line to shore) through designated whale waters, but they may not transit along the shore.
(3)
Operators must follow motor vessel speed limits in § 13.1176(a).
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 3101 et seq. ; 54 U.S.C. 100101, 100751, 320102; Sec. 13.1204 also issued under Pub. L. 104-333, Sec. 1035, 110 Stat. 4240, November 12, 1996.

Source

Source: 71 FR 69333, Nov. 30, 2006, unless otherwise noted.

§13.1176. Speed restrictions.

36 C.F.R. § 13.1176

(a)
From May 15 through September 30, in designated whale waters the following are prohibited—
(1)
Operating a motor vessel at more than 20 knots speed through the water; or
(2)
Operating a motor vessel at more than 13 knots speed through the water, when the superintendent has designated a maximum speed of 13 knots, or at a maximum speed designated by the superintendent based on NOAA guidelines or new scientific information.
(b)
From July 1 through August 31, operating a motor vessel on Johns Hopkins Inlet waters south of 58°54.2′ N latitude (a line running due west from Jaw Point) at more than 10 knots speed through the water is prohibited.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 3101 et seq. ; 54 U.S.C. 100101, 100751, 320102; Sec. 13.1204 also issued under Pub. L. 104-333, Sec. 1035, 110 Stat. 4240, November 12, 1996.

Source

Source: 71 FR 69333, Nov. 30, 2006, unless otherwise noted.

§13.1178. Closed waters, islands and other areas.

36 C.F.R. § 13.1178

The following are prohibited:
(a)
Operating a vessel or otherwise approaching within 100 yards of South Marble Island; or Flapjack Island; or any of the three small unnamed islets approximately one nautical mile southeast of Flapjack Island; or Eider Island; or Boulder Island; or Geikie Rock; or Lone Island; or the northern three-fourths of Leland Island (north of 58°39.1′ N latitude); or any of the four small unnamed islands located approximately one nautical mile north (one island), and 1.5 nautical miles east (three islands) of the easternmost point of Russell Island; or Graves Rocks (on the outer coast); or Cormorant Rock, or any adjacent rock, including all of the near-shore rocks located along the outer coast, for a distance of 1 1/2 nautical miles, southeast from the mouth of Lituya Bay; or the surf line along the outer coast, for a distance of 1 1/2 nautical miles northwest of the mouth of the glacial river at Cape Fairweather.
(b)
Operating a vessel or otherwise approaching within 100 yards of a Steller (northern) sea lion (Eumetopias jubatus) hauled-out on land or a rock or a nesting seabird colony: Provided, however, that vessels may approach within 50 yards of that part of South Marble Island lying south of 58°38.6′ N latitude (approximately the southern one-half of South Marble Island) to view seabirds.
(c)
May 1 through August 31, operating a vessel, or otherwise approaching within 1/4 nautical mile of, Spider Island or any of the four small islets lying immediately west of Spider Island.
(d)
May 1 through August 31, operating a cruise ship on Johns Hopkins Inlet waters south of 58°54.2′ N latitude (an imaginary line running approximately due west from Jaw Point).
(e)
May 1 through June 30, operating a vessel or a seaplane on Johns Hopkins Inlet waters south of 58°54.2′ N latitude (an imaginary line running approximately due west from Jaw Point).
(f)
July 1 through August 31, operating a vessel or a seaplane on Johns Hopkins Inlet waters south of 58°54.2′ N latitude (an imaginary line running approximately due west from Jaw Point), within 1/4 nautical mile of a seal hauled out on ice; except when safe navigation requires, and then with due care to maintain the 1/4 nautical mile distance from concentrations of seals.
(g)
Restrictions imposed in this section are minimum distances. Park visitors are advised that protection of park wildlife may require that visitors maintain greater distances from wildlife. See, 36 CFR 2.2 (Wildlife protection).
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 3101 et seq. ; 54 U.S.C. 100101, 100751, 320102; Sec. 13.1204 also issued under Pub. L. 104-333, Sec. 1035, 110 Stat. 4240, November 12, 1996.

Source

Source: 71 FR 69333, Nov. 30, 2006, unless otherwise noted.

§13.1180. Closed waters, motor vessels and seaplanes.

36 C.F.R. § 13.1180

(a)
May 1 through September 15, operating a motor vessel or a seaplane on the following water is prohibited:
(1)
Adams Inlet, east of 135°59.2′ W longitude (an imaginary line running approximately due north and south through the charted (5) obstruction located approximately 2 1/4 nautical miles east of Pt. George).
(2)
Rendu Inlet, north of the wilderness boundary at the mouth of the inlet.
(3)
Hugh Miller complex, including Scidmore Bay and Charpentier Inlet, west of the wilderness boundary at the mouth of the Hugh Miller Inlet.
(4)
Waters within the Beardslee Island group (except the Beardslee Entrance), that is defined by an imaginary line running due west from shore to the easternmost point of Lester Island, then along the south shore of Lester Island to its western end, then to the southernmost point of Young Island, then north along the west shore and east along the north shore of Young Island to its northernmost point, then at a bearing of 15 true to an imaginary point located one nautical mile due east of the easternmost point of Strawberry Island, then at a bearing of 345 true to the northernmost point of Flapjack Island, then at a bearing of 81 true to the northernmost point of the unnamed island immediately to the east of Flapjack Island, then southeasterly to the northernmost point of the next unnamed island, then southeasterly along the (Beartrack Cove) shore of that island to its easternmost point, then due east to shore.
(b)
June 1 through July 15, operating a motor vessel or a seaplane on the waters of Muir Inlet north of 59°02.7′ N latitude (an imaginary line running approximately due west from the point of land on the east shore approximately 1 nautical mile north of the McBride Glacier) is prohibited.
(c)
July 16 through August 31, operating a motor vessel or a seaplane on the waters of Wachusett Inlet west of 136°12.0′ W longitude (an imaginary line running approximately due north from the point of land on the south shore of Wachusett Inlet approximately 2 1/4 nautical miles west of Rowlee Point) is prohibited.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 3101 et seq. ; 54 U.S.C. 100101, 100751, 320102; Sec. 13.1204 also issued under Pub. L. 104-333, Sec. 1035, 110 Stat. 4240, November 12, 1996.

Source

Source: 71 FR 69333, Nov. 30, 2006, unless otherwise noted.