Jensen

We must decide the extent to which federal statutes restrict commercial fishing in Alaska’s Glacier Bay National Park (the Park). We hold that plaintiffs Alaska Wildlife' Alliance and American Wildlands have standing to challenge commercial fishing in the Park’s waters. We further hold that commercial fishing is statutorily prohibited in the Park’s designated wilderness areas, but not in its non-wilderness areas.

*1068 I

Plaintiffs sued the Secretary of the Interi- or and officials of the National Park Service, claiming that commercial fishing in the Park violates certain federal statutes. 1 Plaintiffs interpret the Organic Act, 2 which created the national park system, and the Alaska National Interest Lands Conservation Act 3 (“AN-ILCA”) to prohibit commercial fishing throughout the Park. The Park Service concedes that commercial fishing is prohibited by statute in the Park’s wilderness areas. 4 It maintains, however, that the statutes give it discretion to permit commercial fishing in non-wilderness areas. The Allied Fishermen of Southeast Alaska (the Fishermen), an association of commercial fishers, intervened to defend its interests. It argues that plaintiffs lack standing…

concurring.

I concur in all of the majority opinion except Part II.C.2, dealing with Congressional Intent. With respect to the non-wilderness areas of Glacier Bay National Park, we today decide only that commercial fishing is not expressly prohibited by statute. The Secretary’s proposed regulations are not before us, nor is any question of the limits of the Secretary’s discretion to permit commercial fishing.

In my view, the legislative history contains strong indications that Congress considered consumptive use of resources to be generally prohibited in national parks, and that by making Glacier Bay a national park in 1980, Congress intended that commercial fishing be phased out in the park. The key committee report noted that “[s]ince the establishment of the National Park System in 1916, the consumptive use of wildlife resources within National Parks and National Monuments has been prohibited. Such units have traditionally been viewed as wildlife sanctuaries for the nonconsumptive enjoyment of the American public.” S.Rep. 96-413, at 168 (1980), reprinted in 1980 U.S.C.C.A.N. at 5070, 5112.

. Consistent with this background understanding, the committee stated that “Glacier…