Title 36

SECTION 13.1102

13.1102 Definitions.

§ 13.1102 Definitions.

As used in this subpart:

Bartlett Cove Developed Area means all NPS-administered lands and waters within 1 mile of any Bartlett Cove facility. A map showing the Bartlett Cove Developed Area is available at the park visitor center.

Charter vessel means any motor vessel under 100 tons gross (U.S. System) or 2,000 tons gross (International Convention System) engaged in transport of passengers for hire and certified to carry no more than 12 passengers overnight and no more than 49 passengers for daytime use. Charter vessels also include any uninspected motor vessel measuring less than 200 tons gross (U.S. Tonnage “Simplified Measurement System”) and not more than 24 meters (79 feet) in length engaged in transport of passengers for hire.

Commercial fishing means conducting fishing activities under the appropriate commercial fishing permits and licenses as required and defined by the State of Alaska.

Commercial fishing vessel means any motor vessel conducting fishing activities under the appropriate commercial fishing licenses as authorized under this subpart.

Cruise ship means any motor vessel of at least 100 tons gross (U.S. System) or 2,000 tons gross (International Convention System) certificated to carry more than 12 passengers for hire.

Daily vessel quota means the maximum number of vessels allowed, by vessel category, on any one calendar day.

Glacier Bay means all waters inside a line drawn between Point Gustavus at 135°54.927′ W longitude; 58°22.748′ N latitude and Point Carolus at 136°2.535′ W longitude; 58°22.694′ N latitude.

Motor vessel means any vessel, other than a seaplane, propelled or capable of being propelled by machinery (including steam), whether or not such machinery is the principal source of power, except a skiff or tender under tow or carried on board another vessel.

Outer waters means all of the non-wilderness marine waters of the park located outside of Glacier Bay.

Passenger ferry means a motor vessel authorized by the Superintendent to engage in the transport of passengers for hire to Bartlett Cove.

Private vessel means any motor vessel that is not engaged in business (business includes, but is not limited to, transportation of passengers for hire or commercial fishing).

Seasonal vessel quota means the maximum number of vessels allowed, by vessel category, during a specific seasonal period.

Speed through the water means the speed at which a vessel moves through the water (which itself may be moving); as distinguished from “speed over the ground” (speed measured in relation to a fixed point on the earth).

Tour vessel means any motor vessel of less than 100 tons gross (U.S. System) or 2,000 tons gross (International Convention System) engaged in transport of passengers for hire and certificated to carry more than 12 passengers overnight or more than 49 passengers for daytime use.

Transit means to operate a motor vessel under power and continuously so as to accomplish 1/2 nautical mile of littoral (i.e., along the shore) travel.

Vessel includes every type or description of craft used as a means of transportation on the water, including a buoyant device permitting or capable of free flotation and a seaplane while operating on the water.

Whale means any humpback whale (Megaptera novaeangliae).

Whale waters means any portion of Glacier Bay, designated by the superintendent, having a high probability of whale occupancy, based upon recent sighting and/or past patterns of occurrence.