Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest Estimates, 41187-41189 [05-14094]
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Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 050623166–5166–01; I.D.
061505B]
RIN 0648–AT49
Marine Mammals; Subsistence Taking
of Northern Fur Seals; Harvest
Estimates
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
SUMMARY: Pursuant to the regulations
governing the subsistence taking of
northern fur seals, this document
summarizes the annual fur seal
subsistence harvests on St. George and
St. Paul Islands (the Pribilof Islands) for
2002 to 2004 and proposes annual
estimates of fur seal subsistence needs
for 2005 through 2007 on the Pribilof
Islands, Alaska. NMFS solicits public
comments on the proposed estimates.
DATES: Written comments must be
received at the appropriate address or
fax number by August 17, 2005.
ADDRESSES: Written comments on the
harvest estimates should be addressed
to the Assistant Regional Administrator
for Protected Resources, NMFS, Alaska
Region, 709 W. 9th St., P.O. Box 21668,
Juneau, AK 99802. Comments may be
sent via facsimile (fax) to (907) 586–
7012 or by email to fursealharvest-PR–
0648–at49@noaa.gov.
Comments also may be submitted via
the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instruction on the website for
submitting comments.
FOR FURTHER INFORMATION CONTACT:
Daniel Vos, (907) 271–5006, email
Daniel.Vos@noaa.gov; Kaja Brix, (907)
586–7824, email Kaja.Brix@noaa.gov; or
Tom Eagle, (301) 713–2322, ext. 105,
email Tom.Eagle@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
A draft Environmental Impact
Statement is available on the Internet at
the following address: https://
www.fakr.noaa.gov/protectedresources/
seals/fur/deis0804.pdf.
VerDate jul<14>2003
15:10 Jul 15, 2005
Jkt 205001
Background
The subsistence harvest from the
depleted stock of northern fur seals,
Callorhinus ursinus, on the Pribilof
Islands, Alaska, is governed by
regulations found in 50 CFR part 216,
subpart F. The purpose of these
regulations, published under the
authority of the Fur Seal Act (FSA), 16
U.S.C. 1151, et seq., and the Marine
Mammal Protection Act (MMPA), 16
U.S.C. 1361, et seq., is to limit the take
of fur seals to a level providing for the
subsistence needs of the Pribilof
residents, while restricting taking by
sex, age, and season for herd
management purposes. To further
minimize negative effects on the Pribilof
Islands’ fur seal population, the harvest
has been limited to a 47–day season
(June 23 to August 8).
There are several factors and
conditions that affect the subsistence
harvest of northern fur seals. Beginning
in 2000, the take ranges have been
discussed with each tribal government
as part of the co-management
relationship and agreement. As the
history of estimating the subsistence
needs of the Pribilof communities has
been one of practical and social
difficulties, the process to meet the take
range regulation has evolved into the
long-term acceptance of the ranges first
established in 1987. These levels
provide a degree of flexibility the
communities feel comfortable with
regarding changes and unanticipated
needs within the community. The
variability of the harvest occurs for
many reasons. Weather conditions and
availability of animals vary year by year.
Demand may change. The timing
restriction on the hunt overlaps with
fishing seasons, and many of the
hunters are also fishermen. Thus, they
may be unavailable to hunt in certain
years. If the harvest were reduced, the
subsistence needs of the local
communities may not be adequately met
in certain years. The economic and
logistical difficulties associated with
small, rural and remote Alaskan
communities such as those of St. Paul
and St. George Islands, create a situation
where subsistence use is an important
source of food and a major component
of the traditional needs of the
communities.
Pursuant to the regulations governing
the taking of fur seals for subsistence
purposes, NMFS must publish a
summary of the fur seal harvest for the
previous 3–year period and an estimate
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Fmt 4702
Sfmt 4702
41187
of the number of seals expected to be
taken in the subsequent 3–year period to
meet the subsistence needs of the Aleut
residents of the Pribilof Islands.
Summary of Harvest Operations and
Monitoring 2002 to 2004
The annual harvests were conducted
in the established manner and
employed the standard methods
required under regulations at 50 CFR
216.72. NMFS personnel monitored the
harvest and worked closely with the
tribal governments of each island to
further improve the efficiency of the
annual harvest and full utilization of the
animals taken.
The reported northern fur seal
subsistence harvests for St. Paul from
2002 to 2004 were 648, 522, and 493
respectively, and the reported northern
fur seal subsistence harvests for St.
George from 2002 to 2004 were 203,
132, and 123, respectively. The number
of northern fur seals harvested on St.
Paul Island from 1986 to 2004 ranged
from 493 to 1,710, and the number
harvested on St. George Island from
1986 to 2004 ranged from 92 to 319
seals. The average number of seals
harvested during the past 10 years on St.
Paul and St. George Islands,
respectively, has been 958 seals (range:
493 to 1,591) and 193 seals (range: 121
to 260), (Table 1).
The tribal governments of both
islands stress the full utilization of
edible parts of harvested animals and
have implemented a program that
promotes full utilization of inedible seal
parts for traditional arts, crafts, and
other uses permitted under regulations
at 50 CFR 216.73. The result has been
an expanded use of these materials by
the Aleut residents and increased
fulfillment of the non-wasteful harvest
requirements.
From 2002 through 2004, NMFS and
the tribal governments of both islands
worked closely to improve the conduct
of the subsistence harvest and to
promote full utilization of all the
products thereof. Through the comanagement process, (cooperative
agreements were signed with St. Paul in
2000 and with St. George in 2001),
NMFS and tribal authorities have
developed a cooperative and
collaborative working relationship,
which increases local participation and
responsibility regarding subsistence
uses of fur seals and other marine
mammals on and around the Pribilofs.
E:\FR\FM\18JYP1.SGM
18JYP1
41188
Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Proposed Rules
TABLE 1. SUBSISTENCE HARVEST LEVELS FOR NORTHERN FUR SEALS ON THE PRIBILOF ISLANDS,
1986–2004
Take Ranges
Year
St. Paul
Estimate of Subsistence Need for the
Period 2005 to 2007
The projected subsistence harvest
estimates are given as a range, the lower
end of which may be exceeded if NMFS
is given notice and the Assistant
Administrator for Fisheries, NOAA,
determines that the annual subsistence
needs of the Pribilof Aleuts have not
been satisfied. Conversely, the harvest
can be terminated before the lower end
of the range is reached if the annual
subsistence needs of the Pribilof
residents are determined to have been
met or the harvest has been conducted
in a wasteful manner.
For the 3–year period, 2005 to 2007,
NMFS proposes no change to the past
and current ranges of 1,645–2,000 for St.
Paul Island and 300–500 for St. George
Island. Retaining these levels will
provide adequate flexibility for further
refinement of annual harvest levels
through the co-management process.
As described earlier in this document,
if the Aleut residents of either island
reach the lower end of this yearly
harvest estimate and have unmet
subsistence needs and no indication of
waste, they may request an additional
number of seals up to the upper limit of
the respective harvest estimates. The
residents of St. George and St. Paul
Islands may substantiate any additional
need for seals by submitting in writing
the information upon which they base
their decision that subsistence needs are
unfulfilled. The regulations at 50 CFR
216.72(e)(1) and (3) require a
suspension of the fur seal harvest for up
to 48 hours once the lower end of the
15:10 Jul 15, 2005
Jkt 205001
St. George
St. Paul
St. George
2,400–8,000
1,600–2,400
1,800–2,200
1,600–1,800
1,145–1,800
1,145–1,800
1,645–2,000
1,645–2,000
1,645–2,000
1,645–2,000
1,645–2,000
1,645–2,000
1,645–2,000
1,645–2,000
1,645–2,000
1,645–2,000
1,645–2,000
1,645–2,000
1,645–2,000
................................
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
VerDate jul<14>2003
Actual Harvest Levels
800–1,800
533–1,800
600–740
533–600
181–500
181–500
281–500
281–500
281–500
281–500
281–500
300–500
300–500
300–500
300–500
300–500
300–500
300–500
300–500
................................
1,299
1,710
1,145
1,340
1,077
1,645
1,482
1,518
1,616
1,525
1,591
1,153
1,297
1,000
754
597
648
522
493
....................
124
92
113
181
164
281
194
319
161
260
232
227
256
193
121
184
203
132
123
....................
estimated harvest level is reached. The
suspension is to last no more than 48
hours, followed either by a finding that
the subsistence needs have been met or
by a revised estimate of the number of
seals necessary to satisfy the Aleuts’
subsistence needs. The harvest may also
be suspended if the harvest has been
conducted in a wasteful manner. NMFS
seeks public comments on the proposed
estimates.
The harvest of fur seals is anticipated
to be non-wasteful and in compliance
with the regulations specified at 50 CFR
216.72 which detail the restrictions and
harvest. NMFS will continue to monitor
the harvest on St. Paul Island and St.
George Islands during 2005 to 2007.
Classification
National Environmental Policy Act
NMFS prepared a draft EIS evaluating
the impacts on the human environment
of the subsistence harvest on northern
fur seals. The draft EIS, which is
available on the Internet (see Electronic
Access) was subjected to public review
(69 FR 53915, September 3, 2004), and
the comments are being incorporated
into a final EIS.
Executive Order 12866 and Regulatory
Flexibility Act
This rule has been determined to be
not significant rule under Executive
Order (E.O.) 12866. The regulations are
not likely to result in (1) an annual
effect on the economy of $100 million
or more; (2) a major increase in costs or
prices for consumers, individual
industries, Federal, state, or local
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Frm 00024
Fmt 4702
Sfmt 4702
government agencies, or geographic
regions; or (3) a significant adverse
effect on competition, employment,
investment, productivity, innovation, or
on the ability of U.S.-based enterprises
to compete with foreign-based
enterprises in domestic or export
markets. The Chief Counsel for
Regulation, Department of Commerce,
certified to the Chief Counsel for
Advocacy of the Small Business
Administration that this proposed
action would not have a significant
economic impact on a substantial
number of small entities. Because the
harvest of northern fur seals on the
Pribilof Islands, Alaska, is for
subsistence purposes only, the estimate
of subsistence need would not have an
economic effect on any small entities.
Therefore, a regulatory flexibility
analysis was not prepared.
Paperwork Reduction Act
This proposed action does not require
the collection of information.
Executive Order 13132 – Federalism
This proposed action does not contain
policies with federalism implications
sufficient to warrant preparation of a
federalism assessment under E.O. 13132
because this action does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. Nonetheless,
NMFS worked closely with local
governments in the Pribilof Islands, and
these estimates of subsistence needs
E:\FR\FM\18JYP1.SGM
18JYP1
Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Proposed Rules
were prepared by the local governments
in St. Paul and St. George, with
assistance from NMFS officials.
Executive Order 13084–Consultation
and Coordination with Indian Tribal
Governments
E.O. 13084 requires that if NMFS
issues a regulation that significantly or
uniquely affects the communities of
Indian tribal governments and imposes
substantial direct compliance costs on
those communities, NMFS must consult
with those governments, or the Federal
government must provide the funds
necessary to pay the direct compliance
costs incurred by the tribal
governments. This action does not
impose substantial direct compliance
costs on the communities of Indian
tribal governments. Accordingly, the
requirements of section 3(b) of E.O.
13084 do not apply to this action.
Nonetheless, NMFS took several steps
to work with affected tribal governments
to prepare and implement the proposed
action. These steps included
discussions on subsistence needs and
mechanisms to ensure that the harvest
is conducted in a non-wasteful manner.
NMFS signed cooperative agreements
with St. Paul in 2000 and with St.
George in 2001 pursuant to section 119
of the MMPA.
Dated: July 12, 2005.
Rebecca Lent,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 05–14094 Filed 7–15–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 050630174–5174–01; ID
062005B]
RIN 0648–AT08
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Framework
Adjustment 41
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes regulations to
implement Framework Adjustment 41
VerDate jul<14>2003
15:10 Jul 15, 2005
Jkt 205001
(FW 41) to the NE Multispecies Fishery
Management Plan (FMP). FW 41
management measures were developed
by the New England Fishery
Management Council (Council) to
expand participation in the existing
Closed Area (CA) I Hook Gear Haddock
Special Access Program (SAP) to all
Northeast (NE) multispecies limited
access Days-at Sea (DAS) vessels fishing
with hook gear. The proposed action
would also modify some of the
management measures currently
applicable to the Georges Bank (GB) Cod
Hook Sector (Sector) vessels when
declared into the CA I Hook Gear
Haddock SAP by including modification
of the season, haddock total allowable
catch (TAC), and restricting vessels to
fishing only inside the SAP area on trips
declared into the SAP. In addition,
NMFS proposes to clarify regulations
pertaining to fishing in the Eastern U.S./
Canada Haddock SAP Pilot Program
Area. Specifically, during the time the
SAP is open, eligible vessels could
choose to fish in the SAP, and fish in
the Eastern U.S./Canada Area west of
CA II. This action is intended to
mitigate the economic and social
impacts resulting from Amendment 13
to the FMP and to meet the conservation
and management requirements of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Comments must be received by
August 17, 2005.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• E-mail: FW41@NOAA.gov. Include
in the subject line the following:
Comments on the Proposed Rule for
Groundfish Framework 41.
• Federal e-Rulemaking Portal: http:/
www.regulations.gov.
• Mail: Paper, disk, or CD-ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope
‘‘Comments on the Proposed Rule for
Groundfish Framework 41.’’
• Fax: (978) 281–9135.
Copies of FW 41, its Regulatory
Impact Review (RIR), the Initial
Regulatory Flexibility Analysis (IRFA),
and the Environmental Assessment (EA)
are available from Paul J. Howard,
Executive Director, New England
Fishery Management Council, 50 Water
Street, The Tannery B Mill 2,
Newburyport, MA 01950. A summary of
the IRFA is provided in the
Classification section of this proposed
rule.
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41189
FOR FURTHER INFORMATION CONTACT:
Brian Hooker, Fishery Policy Analyst,
phone: (978) 281–9220, fax: (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Background
In order to increase the fishing effort
on, and yield from healthy stocks,
Amendment 13 to the FMP created a
structure that allows for development of
programs to target healthy fish stocks
using Category B DAS. Amendment 13
included four specific SAPs, only two of
which were approved and implemented
on May 1, 2004. The regulations
implementing FW 40–A (69 FR 67780,
November 19, 2004) also created
opportunities to use Category B DAS,
including the CA I Hook Gear Haddock
SAP. However, due to insufficient
controls on GB cod mortality, which
could have led to undermining fishing
mortality objectives necessary to end
overfishing and rebuild the GB cod
stock, the measures for non-Sector
vessels proposed in FW 40–A were
found to be inconsistent with National
Standard 1 and section 303(a)(1)(A) of
the Magnuson-Stevens Act, and were
thus disapproved. Specifically, the
portion of the program pertaining to
non-Sector vessels proposed to: Allow
participants to fish in the SAP area
using either an A or B DAS; count cod
catch against the SAP’s incidental cod
TAC only when fishing on a B DAS;
allow participants to fish both inside
and outside the SAP area on the same
trip under different gear restrictions;
and allow non-DAS groundfish vessels
to participate in the SAP. In contrast,
regulations pertaining to the Sector
vessels were relatively straightforward
in that all cod caught by Sector vessels
count toward the Sector’s allocation of
GB cod, and the same gear restrictions
apply both inside and outside of the
SAP area on a single trip. The purpose
of this action is to revise the CA I Hook
Gear Haddock SAP rules to allow
participation by non-Sector vessels.
This special access program would help
mitigate the economic and social
impacts caused by the fishing effort
reductions that resulted from
implementation of Amendment 13.
FW 41 would provide access to the
CA I Hook Gear Haddock SAP for all
limited access NE multispecies DAS
permit holders, including both Sector
and non-Sector vessels. Working
together, Sector and non-Sector vessel
owners who plan to participate in the
program have suggested measures to
minimize the potential for a derby (race
to catch limited quota) fishery. The
Council, in FW 41, has specified that
E:\FR\FM\18JYP1.SGM
18JYP1
]]>Agencies
[Federal Register Volume 70, Number 136 (Monday, July 18, 2005)]
[Proposed Rules]
[Pages 41187-41189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14094]
[[Page 41187]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 050623166-5166-01; I.D. 061505B]
RIN 0648-AT49
Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest
Estimates
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the regulations governing the subsistence taking
of northern fur seals, this document summarizes the annual fur seal
subsistence harvests on St. George and St. Paul Islands (the Pribilof
Islands) for 2002 to 2004 and proposes annual estimates of fur seal
subsistence needs for 2005 through 2007 on the Pribilof Islands,
Alaska. NMFS solicits public comments on the proposed estimates.
DATES: Written comments must be received at the appropriate address or
fax number by August 17, 2005.
ADDRESSES: Written comments on the harvest estimates should be
addressed to the Assistant Regional Administrator for Protected
Resources, NMFS, Alaska Region, 709 W. 9th St., P.O. Box 21668, Juneau,
AK 99802. Comments may be sent via facsimile (fax) to (907) 586-7012 or
by email to fursealharvest-PR-0648-at49@noaa.gov.
Comments also may be submitted via the Federal eRulemaking Portal:
https://www.regulations.gov. Follow the instruction on the website for
submitting comments.
FOR FURTHER INFORMATION CONTACT: Daniel Vos, (907) 271-5006, email
Daniel.Vos@noaa.gov; Kaja Brix, (907) 586-7824, email
Kaja.Brix@noaa.gov; or Tom Eagle, (301) 713-2322, ext. 105, email
Tom.Eagle@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
A draft Environmental Impact Statement is available on the Internet
at the following address: https://www.fakr.noaa.gov/protectedresources/
seals/fur/deis0804.pdf.
Background
The subsistence harvest from the depleted stock of northern fur
seals, Callorhinus ursinus, on the Pribilof Islands, Alaska, is
governed by regulations found in 50 CFR part 216, subpart F. The
purpose of these regulations, published under the authority of the Fur
Seal Act (FSA), 16 U.S.C. 1151, et seq., and the Marine Mammal
Protection Act (MMPA), 16 U.S.C. 1361, et seq., is to limit the take of
fur seals to a level providing for the subsistence needs of the
Pribilof residents, while restricting taking by sex, age, and season
for herd management purposes. To further minimize negative effects on
the Pribilof Islands' fur seal population, the harvest has been limited
to a 47-day season (June 23 to August 8).
There are several factors and conditions that affect the
subsistence harvest of northern fur seals. Beginning in 2000, the take
ranges have been discussed with each tribal government as part of the
co-management relationship and agreement. As the history of estimating
the subsistence needs of the Pribilof communities has been one of
practical and social difficulties, the process to meet the take range
regulation has evolved into the long-term acceptance of the ranges
first established in 1987. These levels provide a degree of flexibility
the communities feel comfortable with regarding changes and
unanticipated needs within the community. The variability of the
harvest occurs for many reasons. Weather conditions and availability of
animals vary year by year. Demand may change. The timing restriction on
the hunt overlaps with fishing seasons, and many of the hunters are
also fishermen. Thus, they may be unavailable to hunt in certain years.
If the harvest were reduced, the subsistence needs of the local
communities may not be adequately met in certain years. The economic
and logistical difficulties associated with small, rural and remote
Alaskan communities such as those of St. Paul and St. George Islands,
create a situation where subsistence use is an important source of food
and a major component of the traditional needs of the communities.
Pursuant to the regulations governing the taking of fur seals for
subsistence purposes, NMFS must publish a summary of the fur seal
harvest for the previous 3-year period and an estimate of the number of
seals expected to be taken in the subsequent 3-year period to meet the
subsistence needs of the Aleut residents of the Pribilof Islands.
Summary of Harvest Operations and Monitoring 2002 to 2004
The annual harvests were conducted in the established manner and
employed the standard methods required under regulations at 50 CFR
216.72. NMFS personnel monitored the harvest and worked closely with
the tribal governments of each island to further improve the efficiency
of the annual harvest and full utilization of the animals taken.
The reported northern fur seal subsistence harvests for St. Paul
from 2002 to 2004 were 648, 522, and 493 respectively, and the reported
northern fur seal subsistence harvests for St. George from 2002 to 2004
were 203, 132, and 123, respectively. The number of northern fur seals
harvested on St. Paul Island from 1986 to 2004 ranged from 493 to
1,710, and the number harvested on St. George Island from 1986 to 2004
ranged from 92 to 319 seals. The average number of seals harvested
during the past 10 years on St. Paul and St. George Islands,
respectively, has been 958 seals (range: 493 to 1,591) and 193 seals
(range: 121 to 260), (Table 1).
The tribal governments of both islands stress the full utilization
of edible parts of harvested animals and have implemented a program
that promotes full utilization of inedible seal parts for traditional
arts, crafts, and other uses permitted under regulations at 50 CFR
216.73. The result has been an expanded use of these materials by the
Aleut residents and increased fulfillment of the non-wasteful harvest
requirements.
From 2002 through 2004, NMFS and the tribal governments of both
islands worked closely to improve the conduct of the subsistence
harvest and to promote full utilization of all the products thereof.
Through the co-management process, (cooperative agreements were signed
with St. Paul in 2000 and with St. George in 2001), NMFS and tribal
authorities have developed a cooperative and collaborative working
relationship, which increases local participation and responsibility
regarding subsistence uses of fur seals and other marine mammals on and
around the Pribilofs.
[[Page 41188]]
TABLE 1. SUBSISTENCE HARVEST LEVELS FOR NORTHERN FUR SEALS ON THE PRIBILOF ISLANDS, 1986-2004
----------------------------------------------------------------------------------------------------------------
Take Ranges Actual Harvest Levels
----------------------------------------------------------------------------------------------------------------
Year St. Paul St. George St. Paul St. George
----------------------------------------------------------------------------------------------------------------
1986 2,400-8,000 800-1,800 1,299 124
1987 1,600-2,400 533-1,800 1,710 92
1988 1,800-2,200 600-740 1,145 113
1989 1,600-1,800 533-600 1,340 181
1990 1,145-1,800 181-500 1,077 164
1991 1,145-1,800 181-500 1,645 281
1992 1,645-2,000 281-500 1,482 194
1993 1,645-2,000 281-500 1,518 319
1994 1,645-2,000 281-500 1,616 161
1995 1,645-2,000 281-500 1,525 260
1996 1,645-2,000 281-500 1,591 232
1997 1,645-2,000 300-500 1,153 227
1998 1,645-2,000 300-500 1,297 256
1999 1,645-2,000 300-500 1,000 193
2000 1,645-2,000 300-500 754 121
2001 1,645-2,000 300-500 597 184
2002 1,645-2,000 300-500 648 203
2003 1,645-2,000 300-500 522 132
2004 1,645-2,000 300-500 493 123
.................. .................. ........... ...........
----------------------------------------------------------------------------------------------------------------
Estimate of Subsistence Need for the Period 2005 to 2007
The projected subsistence harvest estimates are given as a range,
the lower end of which may be exceeded if NMFS is given notice and the
Assistant Administrator for Fisheries, NOAA, determines that the annual
subsistence needs of the Pribilof Aleuts have not been satisfied.
Conversely, the harvest can be terminated before the lower end of the
range is reached if the annual subsistence needs of the Pribilof
residents are determined to have been met or the harvest has been
conducted in a wasteful manner.
For the 3-year period, 2005 to 2007, NMFS proposes no change to the
past and current ranges of 1,645-2,000 for St. Paul Island and 300-500
for St. George Island. Retaining these levels will provide adequate
flexibility for further refinement of annual harvest levels through the
co-management process.
As described earlier in this document, if the Aleut residents of
either island reach the lower end of this yearly harvest estimate and
have unmet subsistence needs and no indication of waste, they may
request an additional number of seals up to the upper limit of the
respective harvest estimates. The residents of St. George and St. Paul
Islands may substantiate any additional need for seals by submitting in
writing the information upon which they base their decision that
subsistence needs are unfulfilled. The regulations at 50 CFR
216.72(e)(1) and (3) require a suspension of the fur seal harvest for
up to 48 hours once the lower end of the estimated harvest level is
reached. The suspension is to last no more than 48 hours, followed
either by a finding that the subsistence needs have been met or by a
revised estimate of the number of seals necessary to satisfy the
Aleuts' subsistence needs. The harvest may also be suspended if the
harvest has been conducted in a wasteful manner. NMFS seeks public
comments on the proposed estimates.
The harvest of fur seals is anticipated to be non-wasteful and in
compliance with the regulations specified at 50 CFR 216.72 which detail
the restrictions and harvest. NMFS will continue to monitor the harvest
on St. Paul Island and St. George Islands during 2005 to 2007.
Classification
National Environmental Policy Act
NMFS prepared a draft EIS evaluating the impacts on the human
environment of the subsistence harvest on northern fur seals. The draft
EIS, which is available on the Internet (see Electronic Access) was
subjected to public review (69 FR 53915, September 3, 2004), and the
comments are being incorporated into a final EIS.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been determined to be not significant rule under
Executive Order (E.O.) 12866. The regulations are not likely to result
in (1) an annual effect on the economy of $100 million or more; (2) a
major increase in costs or prices for consumers, individual industries,
Federal, state, or local government agencies, or geographic regions; or
(3) a significant adverse effect on competition, employment,
investment, productivity, innovation, or on the ability of U.S.-based
enterprises to compete with foreign-based enterprises in domestic or
export markets. The Chief Counsel for Regulation, Department of
Commerce, certified to the Chief Counsel for Advocacy of the Small
Business Administration that this proposed action would not have a
significant economic impact on a substantial number of small entities.
Because the harvest of northern fur seals on the Pribilof Islands,
Alaska, is for subsistence purposes only, the estimate of subsistence
need would not have an economic effect on any small entities.
Therefore, a regulatory flexibility analysis was not prepared.
Paperwork Reduction Act
This proposed action does not require the collection of
information.
Executive Order 13132 - Federalism
This proposed action does not contain policies with federalism
implications sufficient to warrant preparation of a federalism
assessment under E.O. 13132 because this action does not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
Nonetheless, NMFS worked closely with local governments in the Pribilof
Islands, and these estimates of subsistence needs
[[Page 41189]]
were prepared by the local governments in St. Paul and St. George, with
assistance from NMFS officials.
Executive Order 13084-Consultation and Coordination with Indian Tribal
Governments
E.O. 13084 requires that if NMFS issues a regulation that
significantly or uniquely affects the communities of Indian tribal
governments and imposes substantial direct compliance costs on those
communities, NMFS must consult with those governments, or the Federal
government must provide the funds necessary to pay the direct
compliance costs incurred by the tribal governments. This action does
not impose substantial direct compliance costs on the communities of
Indian tribal governments. Accordingly, the requirements of section
3(b) of E.O. 13084 do not apply to this action.
Nonetheless, NMFS took several steps to work with affected tribal
governments to prepare and implement the proposed action. These steps
included discussions on subsistence needs and mechanisms to ensure that
the harvest is conducted in a non-wasteful manner. NMFS signed
cooperative agreements with St. Paul in 2000 and with St. George in
2001 pursuant to section 119 of the MMPA.
Dated: July 12, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 05-14094 Filed 7-15-05; 8:45 am]
BILLING CODE 3510-22-S
