09 Exhibit B Op Plan_Final_9_14_23.pdf

CC-GLBA0TV-24 Exhibit B: Operating Plan Page B-1

EXHIBIT B

OPERATING PLAN

1) Introduction

This Operating Plan between [Concessioner Name] (hereinafter referred to as the “Concessioner”) and the National Park Service (hereinafter referred to as the “Service”) describes specific operating responsibilities of the Concessioner and the Service regarding those activities within Glacier Bay National Park & Preserve (hereinafter referred to as the “Area”) authorized by the Contract.

In the event of any conflict between the terms of the Contract and this Operating Plan, the terms of the Contract, including its designations and amendments, will prevail.

This plan will be reviewed annually by the Superintendent in consultation with the Concessioner and revised as determined necessary by the Superintendent of the Area. Any revisions shall not be inconsistent with the main body of this Contract. Any revisions must be reasonable and in furtherance of the purposes of the Contract.

2) Definitions

In addition to all defined terms contained in the CONTRACT, including without limitation Exhibit A, and Exhibits C - E, the following definitions apply to this Operating Plan:

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 for hire and certificated to carry more than 12 passengers overnight or more than 49 passengers for daytime use. (C.F.R. 13.1102).

Area. Means the property within the boundaries of Glacier Bay National Park.

Frontcountry. Located in and around Bartlett Cove, the 7,120-acre frontcountry is the only developed area within the 3.2 million-acre park where visitor services are available.

Glacier Bay or the Bay. Means all marine waters inside a line from Pt. Gustavus at 135˚54.927’ W longitude; 58˚22.748’N latitude and Pt. Carolus at 136˚2.535’W longitude; 58˚22.694’N latitude.

Outer Park Waters. Means all waters outside of Glacier Bay, but within the Area boundaries

Park Compendium or Compendium. An annual compilation of the Superintendent’s designations, closures, permit requirements, and other restrictions.

Summer Season. June 1 through August 31.

Service. The National Park Service.

Shoulder Season. May and September.

Off-Season. October 1 through April 30

Tour Vessel Use Day or Use Day. means any continuous period that a motor vessel is in the Area between the hours of 12 midnight on one day to 12 midnight the next day.

3) Management Responsibilities

A) Concessioner

(1) To achieve an effective and efficient working relationship between the Concessioner and the Service, the Concessioner must designate a point of contact who:

a) Has the authority and the managerial experience to operate all services required and authorized under the Contract.

b) Will manage a staff with the expertise and training to operate all services required and authorized under the Contract.

CC-GLBA0TV-24 Exhibit B: Operating Plan Page B-2

c) Has full authority to act as a liaison in all concession administrative and operational matters within the Area.

d) Is familiar with Southeast Alaska vessel operations.

e) Communicates directly with designated park representatives.

f) Facilitates communication between the ship(s) and designated park representatives; and

g) Has the responsibility for implementing the terms and conditions of the Contract and abiding by policies and directives of the Service.

h) Specialty Cruises: The Concessioner must notify the designated park representatives of any specialty cruises at least 30 days in advance of vessel arrival.

i) The Concessioner must develop standard operating procedures for visits into Glacier Bay National Park to ensure continuity between vessel staff throughout the season.

(2) In the absence of the point of contact, the Concessioner must designate an acting point of contact.

(3) Contact information: The Concessioner must provide a current list to the Service with all appropriate points of contact.

B) National Park Service

(1) Superintendent: The Superintendent of Glacier Bay National Park and Preserve is the Area manager responsible for all operations, including concession operations. The Superintendent carries out the policies and directives of the Service, including concession contract management. Directly, or through designated representatives, including Service concessions management staff, the Superintendent reviews, directs, and coordinates commercial services activities relating to the Area. This includes:

a) Evaluation of commercial services.

b) Review and approval of rates charged for all services.

c) Review and approval of interpretation programs.

d) Review and approval of changes to services, advertisements, and other items outlined in this Operating Plan.

e) Receipt of incidents and/or violations.

(2) Contact Information: The Service will provide annually to the Concessioner a current list of all designated park representatives.

4) General Operating Standards and Requirements

A) General Operating Provisions

(1) All vessel operations shall comply with relevant National Park Service regulations with particular attention to applicable elements of 36 C.F.R. Part 13 Subpart N and the Park Compendium.

(2) Food and beverage service shall be conducted in conformance with the U.S. Public Health Service, Food and Drug Administration Food Code.

(3) The Concessioner is required to pay for all NPS provided utilities; this includes dock water. The Concessioner may not use public water outlets and will be required to utilize a designated concessioner water meter. All water use must be documented and provided to the Service.

(4) Tour vessel use in Glacier Bay, for all operators combined, is limited to three vessels per day.

(5) Tour vessel use in use of bays and inlets within the Area, but outside Glacier Bay, is limited to one tour vessel at a time in each of the following areas: Lituya Bay, Palma Bay/Astrolabe Bay, Dixon Harbor, Torch Bay, Murk Bay/Graves Harbor, Dick’s Arm, Taylor Bay/Fern Harbor, Dundas Bay and Sawmill Bay/Excursion Inlet (west side). The Concessioner must coordinate its itinerary with other tour vessel contract holders to ensure this limit is not exceeded.

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(6) Feeding wildlife is prohibited in national parks by federal law. The Concessioner will ensure that crew and passengers do not feed wildlife (including birds), and that food and garbage are not accessible to wildlife.

(7) The Concessioner shall remove all solid wastes from the Area for proper separation, recycling and disposal. Use of NPS solid waste receptacles is prohibited.

(8) Materials, supplies, or equipment of any type will not be cached or stored ashore without prior written approval by the Superintendent.

(9) The Concessioner is required to notify the Service Dispatcher by telephone, (907) 697-2627, marine band radio (KWM 20 Bartlett Cove on Channel 16), or satellite communication device (GLBA_Concessions@nps.gov) prior to entering and upon exiting Glacier Bay and Outer Park waters, and provide or confirm the following:

(a) Name of the vessel operator (Captain);

(b) Name of the vessel and the name of the Concessioner;

(c) Number of guests and crew on board the vessel; and

(d) Scheduled entry and departure dates for that trip.

(10) Except as noted below, tour vessel services are restricted to the marine waters of Glacier Bay National Park unless specifically authorized in writing by the Superintendent.

(11) Each vessel operator and guide(s) must be familiar with park regulations. Prior to each operating season, each vessel operator and guide(s) must receive an NPS Commercial Services Orientation to review and receive continuing education about vessel regulations, wildlife viewing, bear safety, wilderness and Leave No Trace ethics. This annual orientation should be done by going to the Park’s Concessioner Resources web site (https://www.nps.gov/glba/learn/management/concessionerresources.htm) and viewing “On the Water” boater video and the Annual Commercial Services Tour Vessel Orientation Video.

At completion of the video orientation, a verification form must be downloaded, signed, and sent to GLBA_concessions@nps.gov. Orientations will not be provided by the Visitor Information Station (VIS).

(12) The Concessioner will report all visitor use, including off-vessel activity, in the Area, in a format provided by the Service. The report must be received no later than the 5th of every month for the previous month (i.e. report May use no later than June 5).

(13) All vessels will be required to have Automatic Identification System (AIS) “Class A” is preferred and it must be automatically transmitting the vessel name and location at all times while operating within the Area boundary.

(14) All vessels intended to be used under this contract must be approved by the Superintendent prior to operating within the Area and must not operate in the Area until approval is received.

These documents are required for the vessel approval process: Vessel Specification Form, Vessel Registration, Vessel Insurance, Certificate of Documentation, Certificate of Inspection and AIS MMIS number. Concessioner will receive notification upon review of documentation package and upon approval or denial determination.

(15) Within 60 days of the effective date of the Contract, all vessels intended for use in the Area must be submitted to the Superintendent for review and approval. Any modifications to a previously approved vessel, or new vessels, must be submitted at least 30 days before the expected use date of the vessel.

B) Vessel Use Day Allocation and Scheduling

(1) The Concessioner has an annual allocation of ________ tour vessel use days for Glacier Bay from June 1 through August 31.

(2) The Concessioner has an initial annual allocation of ________ tour vessel use days for Glacier Bay for May and September.

(a) Formal scheduling with the Park will occur only for tour vessel use days in Glacier Bay for May through September.

mailto:GLBA_Concessions@nps.gov https://www.nps.gov/glba/learn/management/concessionerresources.htm file://nps.doi.net/akrdfs/glba/teams/concessions/GB%20Lodge%20(sensitive)/Contract%20Documents/Amendments/GLBA_concessions@nps.gov

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(b) Concessioners may submit their scheduling requests beginning October 1 for the following season. The Park will hold requests until November 1, at which time they will begin scheduling for the following season (i.e. November 1, 2024 will schedule the 2025 season).

Conflicts will be resolved by random selection. The process will strive to be fair and equitable to all concessioners. For Year 1 of the Draft Contract, the scheduling may take place after November 1, 2023, to accommodate the prospectus process and awarding of concession contracts.

C) Relinquished/Revoked Tour Vessel Use Day Pool – Glacier Bay

If a concessioner knows it will not use all of its Use Days during the following season, the concessioner must notify the Service in writing of the number of Use Days it will relinquish. The relinquishing of these Use Days by March 1 will not permanently reduce a concessioner’s allocation except as noted on page B-5.

(1) “Relinquished/Revoked Tour Vessel Use Day Pool” refers to those relinquished or revoked use days for an individual year that may be available for use.

(a) Relinquished use days are those that a concessioner has been allocated but which the concessioner notified the Service, within the requirements of the Contract, that it will not use in a particular year.

(b) Revoked use days are those that the Service removes from a concessioner’s total tour vessel use day allocation under the terms of the Contract.

(2) Process for offering concessioners relinquished/revoked tour vessel use days.

(a) Relinquished/Revoked Tour Vessel Use Day Pool days will be offered on a first come, first serve basis. Pool use days can be obtained by contacting the Commercial Services office during normal business hours. (Monday through Friday 7:00am to 5:00pm).

(b) There is no limit to the number of tour vessel use days that a concessioner may annually receive from the Relinquished/Revoked Tour Vessel Use Day Pool.

(c) These additional use days may exceed a concessioner’s initial tour vessel use day allocation.

D) Cancellation of Scheduled Tour Vessel Use Days

(1) Concessioners must notify the Park Commercial Services office in writing of any cancellations of scheduled tour vessel use days as it becomes aware of the circumstances that preclude use of the scheduled use day, and no less than 48 hours before the day of the scheduled entry into Glacier Bay.

(2) If a concessioner fails to notify the Park’s Commercial Service Office of a cancelled tour vessel use day prior to 48 hours of its scheduled entry into Glacier Bay, the Service will permanently revoke one tour vessel use day from that concessioner for each cancelled vessel use day of which it failed to notify the Commercial Service office. The Service may restore a permanently revoked tour vessel use day if it determines that the failure resulted from circumstances beyond the concessioner’s control.

E) Rate Determination and Approval Process

(1) Range of Services and Rates: The Concessioner must provide a range of service levels, qualities, and associated prices for all goods and services provided to the public.

Rate Determination:

The Service will determine the reasonableness and appropriateness of rates and charges under this Contract using the Competitive Market Declaration (CMD), unless and until it determines a different method is more appropriate. As used in this Operating Plan, CMD has the meaning set out in the National Park Service Concession Management Rate Approval Guide (2017) (“Rate Approval Guide”), (a copy which can be obtained by contacting the Service or is available at:

https://concessions.nps.gov/docs/concessioner%20tools/2017_Rate_Administration_Guide.pdf) dlucas Highlight

CC-GLBA0TV-24 Exhibit B: Operating Plan Page B-5 as it may be amended, supplemented, or superseded throughout the term of this Operating Plan.

(2) Rate Compliance

(a) CMD Rate Effective Period: CMD rates must remain in effect until superseded by changes approved in writing by the Service.

(b) CMD Rate Implementation: The Concessioner may book trips up to 24 months in advance as long as the Service has approved its rates and vessel use day’s schedule.

(F) Evaluations

Standards: The Service uses Standards to identify critical elements of services authorized under the Contract. The Service uses these standards as the basis for conducting evaluation of authorized services. The tour vessel standards are located at:

https://www.nps.gov/subjects/concessions/standards-and-evaluations.htm

Concessioner Monitoring Program: The Concessioner must inspect and monitor its services with respect to Applicable Laws, Service policy and standards, authorized rates, life and fire safety, public health, environmental management and impacts on cultural and natural resources, responsiveness to visitor comments, compliance with the Contract including all Exhibits and other operational performance as appropriate. The Concessioner is responsible for developing and implementing corrective action plans to respond in a timely manner to any operating deficiencies that either it or the Service identifies.

(1) Service Concession Review Program:

(a) The Service will evaluate the Concessioner’s services to assess and rate Concessioner performance in accordance with the NPS Concession Review Program. The Service uses the results of the individual program evaluations to prepare an Annual Overall Rating Report. Service personnel may conduct these evaluations; however, the Service may request the assistance of third-party subject matter experts. The Concessioner must provide full access to management, property, documentation, and other resources necessary for the Service to conduct these evaluations. The Concessioner must work with Service officials to prioritize, schedule, correct deficiencies, and implement improvement programs resulting from these evaluations. In determining the Concessioner rating, the Service may consider the Concessioner’s performance in addressing deficiencies on schedule and in a timely manner.

(b) Periodic Operational Evaluations: The Service will conduct both announced and unannounced periodic operational evaluations of services to ensure conformance to applicable operational standards. The Service will contact the Concessioner at the time of evaluations so that a representative of the Concessioner may accompany the evaluator.

(2) Annual Overall Rating (AOR): The Service will determine and provide the Concessioner by April 1 an AOR based upon the Service evaluation for the preceding calendar year. The AOR will roll up the following individual reports and include one score and rating for the entire operating year: Administrative Compliance, Operational Performance Rating, Public Health Program Evaluation, Risk Management Program Evaluation, and Environmental Management Program Evaluation.

(a) Administrative Compliance Evaluation and Report: The Administrative Compliance Report and rating considers the Contract compliance criteria, including timely submission of the annual financial report, timely and accurate submission of franchise fees, timely submission of proof of general liability, automobile, and workers’ compensation insurance.

(b) Operational Performance Report: The Operational Performance Report and rating considers the individual periodic operational evaluations, and weights them if necessary.

https://www.nps.gov/subjects/concessions/standards-and-evaluations.htm

CC-GLBA0TV-24 Exhibit B: Operating Plan Page B-6

(c) Risk Management Program Evaluation: The Service will annually conduct a comprehensive evaluation of the Concessioner’s Risk Management Program (RMP). This evaluation will consider performance in complying with NPS risk managements standards, implementing life safety and fire safety programs, and operating in accordance with the Concessioner’s documented RMP. The results of any life or fire safety inspections conducted by or received by the Service will also be a component of this evaluation and a component of Periodic Operational Evaluations.

(d) Environmental Management Program Evaluation: The Service will conduct an annual evaluation of the Concessioner’s Environmental Management Program (EMP). The evaluation will consider performance in complying with NPS risk management standards, protecting natural resources, meeting environmental compliance requirements, and operating in accordance with the Concessioner’s documented EMP. Performance in addressing Concessioner environmental audit findings will also be a component of this evaluation.

(3) Other Audits and Inspections

(a) Environmental Audits: The Service may conduct environmental audits to evaluate the operations with respect to environmental compliance and environmental Best Management Practices in accordance with the current Service Concession Environmental Audit Program Operating Guide. The Service considers the performance in closing audit findings in the annual EMP Evaluation.

(b) Interpretive Program Review: The Service may evaluate the Concessioner’s interpretive and informational services to ensure appropriateness, accuracy, quality, and the relationship of interpretive presentations to Area themes in addition to service-specific reviews that occur during periodic evaluations.

G) Human Resources

(1) Employee Conduct: The Concessioner must review the conduct of any of its employees whose actions or activities are considered by the Service or Concessioner to be inconsistent with the proper administration of the Area and enjoyment and protection of visitors. The Concessioner must take needed actions to correct any such situation.

(2) Employee Hiring Procedures

(a) General Manager. Concessioner’s General Manager, or similarly situated employee, must have an appropriate background as a manager or administrator that indicates their ability to properly manage a tour vessel operation.

(b) Drug-free Awareness and Testing Program. The Concessioner must provide its employees with a statement of its policies regarding drug and alcohol abuse and conduct educational program(s) for its employees to deter drug and alcohol abuse.

i. The Concessioner must establish an appropriate employee drug-testing program.

ii. The Concessioner must require any employee who is in a safety-sensitive position such as a tour vessel operator to participate as appropriate in pre-employment and random drug testing. The Concessioner must make results of drug testing available to the Service upon request.

iii. Should the Concessioner become aware of illegal drug use, the Concessioner must promptly report it to the Service.

(c) Background Checks: The Concessioner must conduct comprehensive background checks on all employee hires as appropriate to the position. Upon request by the Service, the concessioner shall provide a copy of the comprehensive background check to the Chief Law Enforcement Ranger. The Concessioner must not hire any employee that has any active warrants (current fugitive from justice).

(d) Employment of Service Employees or Family Members:

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i. The Concessioner may not employ in any status the spouse or dependent children of a Glacier Bay National Park and Preserve employee, without the Superintendent’s prior written approval.

ii. The Concessioner may not employ in any status the spouse or dependent children of the Superintendent, Commercial Services Management staff, Risk Management Officer, or Public Health consultant.

(3) Training: The Concessioner must provide and maintain records of appropriate training as set forth below and must provide those records to the Service upon request.

(a) Manuals: The Concessioner must develop written training materials for its employees.

(b) Risk Management: The Concessioner must provide risk management training to employees as required by Applicable Laws, the RMP or otherwise specified in the Contract.

(c) Environmental Training: The Concessioner must provide environmental management training to employees as required by Applicable Laws, the EMP or otherwise specified in the Contract.

(d) Job Training: The Concessioner must provide appropriate job training to each employee prior to duty assignments and working with the public. Training must include the following, in addition to job-specific skills:

i. Customer Service: The Concessioner must provide customer service training for employees who have direct visitor contact.

ii. Resource, safety and other visitor information: the Concessioner must provide training on these subjects for all employees who provide resource, safety and other visitor information.

(e) Orientation: The Concessioner must inform employees of Service regulations and requirements that affect their employment and activities while working within the Area.

(f) The Concessioner may request Service staff to present certain topics of interest.

H) Risk Management Plan

(1) The Concessioner must develop, maintain, and implement a Concessioner Risk Management Program that is in accordance with Service Risk Management Program Standards for Concessioners. The Concessioner must submit its initial plan to the Superintendent within 120 days of the Contract effective date and annually thereafter by March 1 of each year. The Concessioner must update its Concessioner Risk Management Program to comply with Applicable Laws. The Concessioner must comply with the Service Risk Management Standards for Concessioners. Information on Risk Management can be found at:

https://www.nps.gov/subjects/concessions/cti.htm

(2) Acknowledgement of Risks: The Concessioner may require clients participating in activities to sign an Acknowledgement of Risks form. All such forms must comply with Service requirements, which may change during the term of the Contract. The Concessioner may not require Area visitors to indemnify or hold harmless the Concessioner.

(a) The Service approved sample Visitor’s Acknowledgement of Risks form can be found at:

https://www.nps.gov/subjects/concessions/cti.htm

(b) The Concessioner must submit to the Superintendent for approval, its proposed visitor’s Acknowledgement of Risks form at least 30 days in advance of any proposed changes in the form. The Concessioner must advise the Superintendent if the Concessioner intends not to use an Acknowledgement of Risks form. The Concessioner may not request or require guests participating in activities to sign a liability waiver form, insurance disclaimer, and/or indemnification agreement.

I) Environmental Management Program

Program Standards: The Concessioner must develop, maintain and implement, with guidance from the Service, an Environmental Management Program (“EMP”) in accordance with the Service https://www.nps.gov/subjects/concessions/cti.htm

CC-GLBA0TV-24 Exhibit B: Operating Plan Page B-8

Environmental Management Program Standards for Concessioners included as an attachment to this Operating Plan. The Concessioner must update the plan annually. The Concessioner will comply with the Service Environmental Management Standards for Concessioners. Information on EMP can be found at: https://www.nps.gov/subjects/concessions/cti.htm

J) Public Relations

(1) Advertisements and Promotional Material

(a) Approval: The Concessioner must submit any promotional material related to the services of the Contract, including websites, to the Service for review and approval, at least 15 days prior to publication, distribution, broadcast, etc. The Superintendent may require the Concessioner to remove any unapproved promotional material. The Concessioner may submit promotional material for review and approval via electronic mail.

(b) Commercial Filming: A separate National Park Service film permit is required for all commercial filming in Glacier Bay National Park and Preserve. Film permits are available through the Commercial Services office, phone (907) 697-2567 or GLBA_Permits@nps.gov.

Concessioner’s must allow 30 days for the Service to process the film permit requests.

(c) Statements:

• Authorization: Advertisements must include a statement that the National Park Service and the Department of the Interior authorize the Concessioner to serve the public in the Area.

• Equal Opportunity: Advertisements for employment must state that the Concessioner is an equal opportunity employer.

(2) Use of National Park Service Authorized Concessioner Mark (Mark):

(a) The Service has an approved Mark it allows Concessioners to use to advertise the official relationship between the Service and the Concessioner. The Mark consists of the official NPS Arrowhead and the words “Authorized Concessioner.”

(b) Authorized Users: The Service authorized the Concessioner to use the Mark at the start of the Contract in accordance with the approval procedures below. The Concessioner must have received a minimum of a marginal rating in the previous Annual Overall Review to use the Mark following the first year of the Contract.

(c) Authorized Uses of the Mark: The Concessioner may use the Mark in publications, written advertising, web-based information, interpretive materials, or broadcasts (television, film or other audio/visual) associated with required or authorized services; and facility signs designed, constructed, or commissioned for official Concessioner functions or purposes. The Concessioner may not use the Mark on visitor transportation (e.g., vans or vessels) that are not directly providing a visitor service inside the Area.

(d) Prohibited Uses of the Mark: The Concessioner may not use the Mark on:

a. Merchandise, souvenirs and clothing sold to the public.

b. Concessioner employee uniforms or Concessioner equipment and transportation equipment not specifically providing required or authorized visitor services.

(e) Approval Procedures: The Concessioner must submit a written request to the Service for approval to use the Mark. The submittal must include proposed applications and sample layouts. The Concessioner may not use the Mark until the Service has approved the request in writing.

(f) Artwork and Layout: The Concessioner must use official artwork provided by the Service in accordance with the Authorized Concessioner Mark. Guidelines available on the NPS Commercial Services website at www.nps.gov/commercialservices.

(3) Concessioner Websites and Social Media:

(a) The Concessioner must link its websites to the Service website.

http://www.nps.gov/commercialservices

CC-GLBA0TV-24 Exhibit B: Operating Plan Page B-9

(b) The Concessioner may use Facebook, Twitter or other social media outlets. The Concessioner must use the following Service-approved language in the description of the Concessioner on social media sites:

The National Park Service, Department of Interior authorizes (Company Name), as a Concessioner to provide Tour Vessel Services within Glacier Bay National Park & Preserve.

(c) Social media content relevant to the concession operation must be accurate and professional. Content containing general information about the Area, Concessioner or nearby communities does not require pre-approval by the Service.

(4) Complaints: The Concessioner must provide a copy of all complaints received regarding services provided under this contract along with the Concessioner’s response to the Superintendent within 30 days of receipt. The Concessioner will also provide the Superintendent with summaries of any visitor surveys or comment programs conducted by the Concessioner regarding services provided under this contract by November 15 of each year. The Service will forward to the concessioner any comments or complaints received regarding their services under this contract.

K) Tour Vessel Operations

(1) Operating Requirements

(a) The Concessioner will take appropriate precautions to ensure that its vessel’s wake will not injure a visitor or cause damage to other vessels or the Bartlett Cove Public Use Dock. See Park Compendium 3.8(b)(3) for other current regulations.

(b) When traveling within ½ mile of a shoreline and overtaking another vessel or kayak in the water or on shore, Concessioner vessels should be slowed to a speed that will reduce the effect of their wake on the smaller vessel. The overtaking vessel should pass offshore of the other vessel or kayak (and not travel between vessel and shoreline).

(c) When a Concessioner vessel is overtaking a Service cruise-ship transfer vessel, the captain will radio the Service transfer vessel and coordinate a course that will minimize potential conflict. During a cruise ship transfer, concessioner vessels should avoid creating a wake that could endanger boarding personnel.

(d) Vessel operators of all Concession vessels will immediately report all sightings of injured, entangled, or dead marine mammals by marine band radio to KWM 20 Bartlett Cove.

(e) The Concessioner will not cache or store materials, supplies, or equipment of any type at any location in the Area.

(f) All vessels operating in Glacier Bay National Park & Preserve must comply with Area regulations about vessel operations. These regulations are available on the Area’s website at Glacier Bay Laws, Policies, and Regulations - Glacier Bay National Park & Preserve (U.S.

National Park Service) (nps.gov)

(2) The Concessioner must notify the Service of any new vessel(s) the Concessioner intends to use under this Contract. The Concessioner must submit the vessel specification form to the Service for approval at least 30 days before the expected use date of the vessel.

(3) The Concessioner must notify the Service of modifications to previously approved tour vessels and submit an updated vessel specification form. The Concessioner must submit the updated vessel specification form to the Service for approval at least 30 days before the expected use date of the vessel.

(a) Carry U.S. Coast Guard approved covered inflatable life rafts capable of carrying all passengers and crew and mounted so as to be automatically deployed in case of emergency.

(b) Have appropriate U.S. Coast Guard certification to perform off-vessel activities.

(c) Have appropriately sized personal flotation devices (PFDs) onboard for all passengers, including adults and children.

(d) Have at least one crewmember certified in standard First Aid, CPR, and use of the automatic external defibrillator (AED) for all guided off-vessel activities.

https://www.nps.gov/glba/learn/management/regs.htm https://www.nps.gov/glba/learn/management/regs.htm

CC-GLBA0TV-24 Exhibit B: Operating Plan Page B-10

(e) Carry a Basic Life Support (BLS) kit, including an automated external defibrillator (AED).

The contents of the BLS kit may be subject to inspection.

(f) Not discharge wastewater into the Service operated wastewater treatment plant at Bartlett Cove without the written approval of the Service.

(g) Have a bilge monitoring system that prevents discharge of oil or oily water, except in an emergency.

(4) Underwater Noise Monitoring. For each vessel the Service approves the Concessioner to operate under this concession contract, the Concessioner must coordinate with the Service to schedule a time to run the vessel past the hydrophone at a Service-prescribed course and speed to allow the Service to make a calibrated measurement of the vessel. The Concessioner must coordinate measurement to occur during first year of the Contract, year five (5) of the contract, and anytime a new vessel is approved for operation under this concession contract.

5) Service-defined minimum specifications. In addition to the above Vessel Requirements, the vessel must meet the following Service-defined minimum specifications.

(a) Airborne Noise. Per 36 C.F.R 2.12, less than 60 dB, A-weighted, at 50 ft. while traveling at cruising speed.

(b) Underwater Noise. Radiated noise at 8-10 knots less than 180 dB re: 1 microPascal, per Fig 24 of Kipple and Gabriele 2004. (Available at:

http://www.nps.gov/glba/naturescience/whale_acoustic_reports.htm#Acoustic)

(c) Wastewater. Vessel must comply with all EPA and U.S. Coast Guard requirements. At a minimum, the vessel must use U.S. Coast Guard certified Type I or II (on-board treatment) Marine Sanitation Device (MSD) or Type III (holding tanks for pump-out) (MSD).

(d) Hull Type. Hull design that allows safe, energy-efficient travel and stands up to the rigors of Alaska and Glacier Bay environment.

(e) Exterior Space. Exterior space that accommodates viewing for majority of passengers, conducive for viewing scenery, wildlife, and the natural environment while vessel is underway.

L) Interpretive Program

(1) An approved interpretive program is a required element of the Contract. The Concessioner may elect to participate in an onboard NPS Ranger Interpretive Program on a cost recovery basis, develop your own program that meets the interpretive requirements within the Operating, or elect to use the interpretive programing available in Bartlett Cove. If the Concessioner chooses to participate in the NPS Ranger Interpretive Program, all of the Interpretive Program components in the operating plan will be provided by the Service.

If a Concessioner decides to develop its own interpretive program, the Concessioner must provide its proposed Program to the Service for approval within 30 days of the award date of the Contract and annually thereafter by October 1 of each year. Cultural program content may be directly reviewed by Hoonah Indian Association in conjunction with the Park review. The Service will review and provide comments on the proposal within 30 days. If revisions are necessary, the Concessioner will revise and re-deliver the Program to the Service for approval within 14 days.

The Service will notify the Concessioner of the cost recovery rate for the onboard NPS Ranger Interpretive Program within 30 days of contract award date if the Concessioner elects that program, and by November 1st for each following year.

(2) Logistics. If the Concessioner chooses to include NPS rangers onboard the vessel on a cost-recovery basis, the following logistics apply:

(a) Stop at Bartlett Cove upon entering Glacier Bay to board the NPS Interpretive Ranger no earlier than 6 a.m. The tour vessel will stop at Bartlett Cove on departing Glacier Bay to http://www.nps.gov/glba/naturescience/whale_acoustic_reports.htm#Acoustic

CC-GLBA0TV-24 Exhibit B: Operating Plan Page B-11 disembark the Ranger no later than 9 p.m.; boarding or disembarkation of the Service Ranger at locations other than Bartlett Cove requires prior approval of the Service and should not be assumed possible; such requests may incur additional cost for transportation to the alternate location(s). Requests for alternate boarding locations must be submitted to the Service by November 1st for the following year.

(b) Small craft used to tender rangers to tour vessels must be of the appropriate size and substantiveness to meet sea conditions and minimize risk; rangers may refuse transfer if the individual determines conditions to be unsafe.

(c) Provide appropriate accommodations for the NPS Interpretive Ranger while on board, including a private stateroom or private crew quarters for overnight trips. Other arrangements require prior Service approval.

(d) Provide all meals to the NPS Interpretive Ranger while they are on board.

(e) NPS Interpretive Ranger is to be included in passenger activities in order to maximize informal interpretive opportunities, and enhance the Glacier Bay experience;

(f) The concessioner must notify the Service at least 3 weeks prior to arrival of any onboard specialty groups/tours (e.g. special interests, charter groups, foreign language speakers, high number of youth) in order for the Service to facilitate enhanced interpretive programming and passenger opportunities;

(g) Concessioner will provide a central location (e.g. table in viewing lounge) to showcase a variety of hands-on displays and materials (furs, skulls, and natural history specimens) and wall space to display maps that can indicate daily route and highlights and natural history posters to enhance the visitor experience.

(3) The following criterion describes the minimum required interpretive program.

The interpretive program must include:

(a) A well planned itinerary. The tour vessel itinerary is a significant element in ensuring that passengers have a reasonable opportunity to enjoy, learn about, and experience the Area.

Concessioner will plan the day’s route, itinerary, and schedule to provide for the best possible passenger experience of Glacier Bay, in consideration of weather, tides, recent wildlife sightings, speed, area closures, length of daylight, and seasonal highlights.

(b) An introductory short talk for passengers, ideally in a common gathering space, prior to arrival at the tidewater glaciers that provides a welcome and introduction to Glacier Bay National Park resources, land acknowledgement, significance, and the Service mission, and an orientation of the trip itinerary;

(c) Reaching the face of at least one tidewater glacier (either Margerie or Johns Hopkins/Gilman) during a time when passengers are awake and active, and spend at least 30 minutes at the face in order to provide a memorable glacier experience;

(d) Spending at least 15 minutes at South Marble Island for wildlife viewing opportunities;

(e) Short talks and demonstrations related to relevant Glacier Bay National Park resources such as glaciers and glacier dynamics, marine wildlife, oceanography, etc., in lounges and/or on the deck occasionally throughout the day. This includes a seabird identification and natural history orientation in advance of arriving at South Marble Island;

(f) Roving interactions throughout the entire day to answer visitor questions and share experiences, as well as provide orientation, information, and informal interpretive services, at wildlife sightings, glacier viewing, and other highlights in response to specific passenger questions and interests;

(g) If time and weather conditions are conducive, formal presentations including audio/visual, living history, or other presentations relating the significance of Glacier Bay natural and cultural history. All images, video, and music used in such presentations must be of professional quality. Formal presentations are scheduled appropriately to not interfere with

CC-GLBA0TV-24 Exhibit B: Operating Plan Page B-12 primary glacier viewing and wildlife viewing opportunities (while in the glacier viewing area or at other primary points of interest;

(h) An interpretive program should provide effective interpretation to diverse audiences, including foreign language speaking passengers. When applicable, a comprehensive children’s program that is based on a variety of Glacier Bay’s interpretive themes will be presented with appropriate activities for the applicable age groups (preschool through high school) and learning styles. The children’s program includes appropriate materials and supplies to support hands-on learning. Children will also have the opportunity to participate in the Area’s Junior Ranger Program.

(i) An example of a successful one-day itinerary is included as Attachment 2 to this Operating Plan

(4) In support of the interpretive program, the vessel will be equipped with:

(a) A public address system with wireless microphone accessible so that it broadcasts on both inside and outside speakers for use in the approved interpretive program. Microphone must transmit from all public viewing areas, inside and outside, with clear audio quality.

(b) Audio-visual equipment and set up for multi-media interpretive presentations.

(c) Reference materials, such as appropriate natural history field guides, historical documents, cultural materials, and Glacier Bay specific publications.

(5) Staff who present the interpretive program must have a working knowledge of the cultural and natural history of Glacier Bay and the skills and abilities to research, prepare and present professional quality interpretive programs to diverse audiences including children, considering a variety of learning styles and adaptive methods to meet the needs of diverse audiences, including multiple cultures and foreign languages, and the hearing and or visually impaired.

(6) For the optimal Glacier Bay experience, no conflicting onboard programming/activities (e.g.

meals, orientations, specialty seminars) should be scheduled in the glacier viewing area (e.g.

north of Queen Inlet northbound and south of Reid Inlet southbound) and in other primary features of interest (e.g. South Marble Island and Sitakaday Narrows/Whale Waters).

M) Resource Protection

(1) Tour vessels are prohibited from entering all wilderness waters and all other areas closed to motorized vessel traffic in the Area.

(2) The Service may further designate restrictions for tour vessel activities on a yearly basis to address resource and visitor experience concerns.

(3) The Service authorizes tour vessels to provide off-vessel activities while meeting applicable social and resource standards.

N) Off-Vessel Activities (Authorized Service)

(1) General

(a) Off-vessel activities are non-motorized water based and land-based activities occurring off a tour vessel.

(b) Off-vessel activities are only permitted in accordance with the terms of the Concession Contract under which the tour vessel entered Glacier Bay. The Concessioner cannot combine concession contracts to provide the Concessioner additional off-vessel activities.

(c) The Concessioner may not offer guided fishing activities or provide fishing equipment.

Sport fishing is not an authorized activity under this contract.

(d) At the discretion of the Service, off-vessel activity locations and operations may be evaluated annually, and locations may be adjusted to address resource impact and visitor experience concerns.

CC-GLBA0TV-24 Exhibit B: Operating Plan Page B-13

(2) Off-Vessel Activities occurring in the frontcountry area may be unguided. (See Attachment 3 for map).

(3) Off-Vessel Activities occurring outside of the frontcountry

(a) Group size limit is 12, including guides

(b) Unless specifically authorized in writing by the Service, unguided activities outside of the frontcountry are not permitted.

(4) Off-vessel activities in waters not designated as wilderness.

(a) Off-vessel activities in waters not designated as wilderness must disperse, preferably out of sight of one another, but if that is not achievable, at least 1 nautical mile from other groups from the same tour vessel or other commercial vessel(s).

(b) Off-vessel activities must be conducted in such a way as to minimize intrusion on marine and terrestrial wildlife and on other Area visitors.

(c) Only one tour vessel will be allowed to use an area for off-vessel activities at one time.

(5) Wilderness-based off-vessel activities

(a) In general, when occurring within designated wilderness no more than two wilderness-based, off-vessel activities may occur at any one location at any one time while maintaining strict adherence to out-of-sight provisions to reduce travel encounters among wilderness visitors.

(b) “Out of sight” means that each group will not be in view of each other at any time during the off-vessel activities and that wilderness-based, off-vessel activities may not be conducted within sight of each other or within sight of locations where other wilderness visitors are detectably present.

(c) Only one tour vessel will be allowed to use an area for off-vessel activities at one time.

(6) Glacial Access Zones

(a) At the discretion of the Service, two or more focal use locations within Glacier Bay proper may be designated annually. These locations will be defined by the Service and delineated geographically. The amount of off-vessel activity will be dependent on the location and will be defined by the Area and reviewed each year. The Service will provide the Concessioner with the annual heavy use location and Operating Plan by January 1 of each year.

(b) Within these Glacier Access Zones, two or more wilderness-based, off-vessel activities may be permitted to occur at one time, with less restrictive requirements regarding staying out of sight of other wilderness visitors.

(7) Site specific off vessel activity restrictions:

Tour Vessels activities, including off-vessel activities, are not allowed in the McBride Inlet area and wilderness waters. McBride Area is defined as: between lines that run from the base of McConnell Ridge ( 59.044421°) due west to its intersection with the western shore of Muir Inlet and from the base of Van Horn Ridge ( 59.021145°) due west to its intersection with western shore of Muir Inlet.

(8) Restrictions for tour vessel activities at other areas may be designated on a yearly basis to address resource and visitor experience concerns.

(a) Off-vessel activities are prohibited within 100 yards of a Steller (northern) sea lion or harbor seals hauled-out on land or a rock or a nesting seabird colony, such as glaucous-winged gulls, mew gulls, and arctic terns. Colonies are defined as greater than five nesting pairs. In addition, groups should stay 50 yards from the nests of solitary nesting seabirds such as black oystercatchers.

CC-GLBA0TV-24 Exhibit B: Operating Plan Page B-14

(b) Off-vessel activities are prohibited within ¼ mile of riverbanks upstream of an imaginary line across the mouth of the river at mean high water when salmon are actively spawning.

Exceptions to this restriction include the Bartlett River or under special permit by the Service.

Evidence of salmon spawning includes the presence of salmon in the creek and/or recent scavenging for salmon along the bank.

5) Required Reports

A) Concessioner Operational Reports

1) The Concessioner must provide the Service any and all supporting documentation for all operational reports upon request.

2) Management Listing and Organizational Hierarchy. The Concessioner’s point of contact must provide the Service with a list identifying key Concession management and supervisory personnel by department, if relevant, with their job titles, and office and emergency phone numbers prior to the start of the season of each year. The Concessioner must notify the Service of any changes.

3) Incident Reporting. The Concessioner will immediately report incidents of Service regulations and all other Applicable Laws. The following incidents will be immediately reported by VHF Channel 16 or by satellite telephone to the Service Dispatcher (907) 697-2651 (This does not relieve the vessel operator of other reporting requirements under all Applicable Laws such as to the USCG, NOAA or Alaska Department of Environmental Conservation.)

(a) Personal injury to a visitor or crewmember that may result in a tort claim or requires medical attention other than minor first aid.

(b) Marine casualties or oil spills as defined by all Applicable Laws including, but not limited to Coast Guard regulations.

(c) Wildlife incidents involving collision, injury, property damage, or threat to humans or wildlife.

(d) Disruptions or alterations in service.

(e) Any whale strike or possible whale-vessel collision (where it is unknown whether a collision occurred) by the tour vessel or tender or kayak.

• Whale Strike is defined as when a crew member or other credible observer sees a whale passing so close to the vessel that a collision seems inevitable and/or a shudder is felt, such that they believe that a collision has occurred or is likely to have occurred.

• Possible Whale-Vessel Collision is defined when a crew member or other credible observer sees an encounter so close that a collision may have occurred but is uncertain as to whether it did occur.

(f) Any accident resulting in property damage, personal injury, or death.

(g) Any incident with property damage over $500.

(h) Any fatality or injury sustained by a visitor or employee within the Area, and/or all medical emergencies.

(i) All suspected or known regulatory or criminal violations.

(j) Other incidents that may affect Area resources (e.g., fires, hazardous…