Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest Estimates, 31666-31669 [E8-12323]
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
ebenthall on PRODPC60 with PROPOSALS
suggestions on this proposed rule. We
particularly seek comments concerning:
(1) The reasons why we should or
should not designate habitat as ‘‘critical
habitat’’ under section 4 of the Act (16
U.S.C. 1531 et seq.), including whether
the benefit of designation would
outweigh any threats to the subspecies
caused by designation such that the
designation is not prudent;
(2) Specific information on:
• The amount and distribution of Salt
Creek tiger beetle habitat;
• What areas occupied at the time of
listing and that contain features
essential for the conservation of the
subspecies we should include in the
designation and why; and
• What areas not occupied at the time
of listing are essential to the
conservation of the subspecies and why;
(3) Land use designations and current
or planned activities in the subject areas
and their possible impacts on proposed
critical habitat;
(4) Any foreseeable economic,
national security, or other relevant
impacts resulting from the proposed
designation and, in particular, any
impacts on small entities;
(5) Whether we could improve or
modify our approach to designating
critical habitat in any way to provide for
greater public participation and
understanding, or to better
accommodate public concerns and
comments; and
(6) Economic data on the incremental
costs of designating any particular area
as Salt Creek tiger beetle critical habitat.
Previously submitted comments for
this proposed rule need not be
resubmitted. You may submit your
comments and materials concerning this
proposed rule by one of the methods
listed in the ADDRESSES section. We will
not consider comments sent by e-mail or
fax or to an address not listed in the
ADDRESSES section. If you submit a
comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
on the website. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments on
https://www.regulations.gov.
Background
On December 12, 2007, we published
a proposed rule designating
approximately 1,795 acres (727
hectares) of land in portions of
Lancaster and Saunders Counties,
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Nebraska, as critical habitat. The draft
economic analysis estimates that, over
the 20-year period from 2008 to 2027,
post-designation costs for Salt Creek
tiger beetle conservation-related
activities would range between $21.4
and $25.5 million in undiscounted 2007
dollars. In discounted terms, we
estimate potential post-designation
economic costs to be $19.9 to $22.9
million (using a 3 percent discount rate)
and $18.5 to $20.6 million (using a 7
percent discount rate). In annualized
terms, potential impacts are expected to
range from $1.3 to $1.5 million
(annualized at 3 percent) and $1.7 to
$1.9 million (annualized at 7 percent).
Public Hearings
Section 4(b)(5)(E) of the Act requires
a public hearing be held if any person
requests it within 45 days of the
publication of a proposed rule. In
response to requests from the public, the
Service will conduct a public hearing
for this critical habitat proposal on the
date and time and at the address
identified in the DATES and ADDRESSES
sections above.
Persons wishing to make an oral
statement for the record are encouraged
to provide a written copy of their
statement and present it to us at the
hearing. In the event there is a large
attendance, the time allotted for oral
statements may be limited. Oral and
written statements receive equal
consideration. There are no limits on
the length of written comments
submitted to us. If you have any
questions concerning the public
hearing, please contact the Nebraska
Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Persons needing reasonable
accommodations in order to attend and
participate in the public hearings
should contact Bob Harms, Nebraska
Ecological Services Field Office, at (308)
382–6468, extension 17, as soon as
possible. In order to allow sufficient
time to process requests, please call no
later than one week before the hearing
date. Information regarding this notice
is available in alternative formats upon
request.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: May 21, 2008.
Lyle Laverty,
Assistant Secretary for Fish, Wildlife, and
Parks.
[FR Doc. E8–12401 Filed 6–2–08; 8:45 am]
BILLING CODE 4310–55–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 080310408–8416–01]
RIN 0648–AW55
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 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
2005 to 2007 and proposes annual
estimates of fur seal subsistence needs
for 2008 through 2010 on the Pribilof
Islands, AK. NMFS solicits public
comments on the proposed estimates.
DATES: Written comments must be
received at the address or fax number by
July 3, 2008.
ADDRESSES: Send comments to Kaja
Brix, Assistant Regional Administrator,
Protected Resource Division, Alaska
Region, NMFS, Attn: Ellen Sebastian.
You may submit comments, identified
by ‘‘RIN 0648 AW55’’ by any of the
following methods:
Electronic Submissions: Submit
electronic public comments via the
Federal eRulemaking Portal: https://
www.regulations.gov;
Mail: Kaja Brix, Assistant Regional
Administration, Protected Resource
Division, Alaska Region, NMFS, P.O.
Box 21668, Juneau, AK 99802;
Hand Delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK;
Fax: 907 586 7557, Attention: Ellen
Sebastian.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
Do not submit Confidential Business
Information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments.
Attachments to electronic comments
must be in Microsoft Word, Excel,
WordPerfect, or Adobe portable
document file (pdf) file formats to be
accepted.
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
hunters may be unavailable to hunt in
certain years or have more financial
resources to hunt in subsequent years or
seasons for other marine mammals. The
current timing restriction on the
northern fur seal hunt overlaps with the
local halibut fishing season, and many
of the hunters are also fishermen. In
addition, crab fishery rationalization
and a renewal of the crab harvest in the
Pribilof region has provided local job
opportunities that may extend into the
spring hunting season for Steller sea
lions. The level of Steller sea lion
hunting success in the spring influences
subsequent northern fur seal harvesting.
Thus both Steller sea lions and northern
fur seals combine to meet the
subsistence needs of the local
communities, with northern fur seals
providing the more seasonal, but
reliable source of the two species.
Alaskan communities such as those of
St. Paul and St. George Islands, rely on
marine mammals as a major food source
and cultural foundation of the
communities. The harvest of juvenile
male northern fur seals has occurred for
well over 200 years and the biological
implications are reasonably understood.
Subsistence harvests under the current
regulations are 10 percent or less than
the commercial harvests during the past
50 years.
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.
FOR FURTHER INFORMATION CONTACT:
Michael Williams, (907) 271–5006; Kaja
Brix, (907) 586–7835; or Tom Eagle,
(301) 713–2322, ext. 105.
SUPPLEMENTARY INFORMATION:
Electronic Access
An Environmental Impact Statement
is available on the Internet at the
following address: https://
www.fakr.noaa.gov/protectedresources/
seals/fur/eis/final0505.pdf.
Background
The subsistence harvest from the
depleted stock of northern fur seals
(Callorhinus ursinus), on the Pribilof
Islands, AK, 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
conservation. 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. Accurately
predicting the annual subsistence needs
of the Pribilof communities has been
one of practical and social difficulties;
the process to meet the take range
regulation has resulted in 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 and the environment.
The variability of the harvest occurs
for many reasons. Weather conditions
and availability of animals varies
annually. The availability of wage
earning jobs reduces the time available
for community members to hunt and
harvest subsistence resources. Thus,
Summary of Harvest Operations and
Monitoring 2005 to 2007
The annual harvests were conducted
in the established manner and
employed the standard methods
required under regulations at 50 CFR
216.72. NMFS personnel, a contract
veterinarian, and tribal government staff
monitored the harvest and
communicated to further improve the
efficiency of the annual harvest and full
utilization of the animals taken. Annual
northern fur seal harvest reports are
received from the tribal governments of
both islands and from a contract
veterinarian for St. Paul.
The reported male northern fur seal
subsistence harvests for St. Paul from
2005 to 2007 were 466, 396, and 272
respectively (Lestenkof et al., 2006;
Lestenkof and Zavadil, 2006; Lestenkof
and Zavadil, 2007), and for St. George
from 2005 to 2007 were 139, 212, and
206, respectively (Lestenkof et al., 2006,
Malavansky and Malavansky, 2006;
Malavansky, 2007). The number of male
northern fur seals harvested on St. Paul
Island from 1986 to 2007 ranged from
272 to 1,710, and the number harvested
on St. George Island from 1986 to 2007
ranged from 92 to 319 seals. The average
number of male seals harvested during
the past 10 years on St. Paul and St.
George Islands, respectively, has been
690 seals (range: 269 to 1,297) and 181
seals (range: 121 to 256), (Table 1).
The accidental harvest of young
female fur seals has occurred
intermittently during the male harvest.
The regulations call for termination of
the annual harvest on August 8 of each
year to reduce the probability of the
accidental killing of females to the
lowest level practical. Thirty-two
females on St. Paul and four females on
St. George have been accidentally killed,
since 1987. The average accidental
killing of females on St. Paul and St.
George Islands during the last 10 years
is 2 and less than l, respectively.
Under section 119 of the Marine
Mammal Protection Act, cooperative
agreements were signed with St. Paul in
2000 and with St. George in 2001 for the
cooperative management of subsistence
uses of northern fur seals and Steller sea
lions. The processes defined in the
cooperative agreements have facilitated
a more collaborative working
relationship between NMFS and tribal
authorities. This has led to more
coordinated efforts by the tribal
governments of both islands to promote
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.
ebenthall on PRODPC60 with PROPOSALS
TABLE 1. SUBSISTENCE HARVEST LEVELS FOR JUVENILE MALE NORTHERN FUR SEALS ON THE
PRIBILOF ISLANDS, 1986–2007
Expected Take Ranges
Actual Harvest Levels
Year
St. Paul
1986
1987
1988
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St. George
St. Paul
St. George
2,400–8,000
1,600–2,400
1,800–2,200
800–1,800
533–1,800
600–740
1,299
1,704
1,145
124
92
113
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
TABLE 1. SUBSISTENCE HARVEST LEVELS FOR JUVENILE MALE NORTHERN FUR SEALS ON THE
PRIBILOF ISLANDS, 1986–2007—Continued
Expected Take Ranges
Actual Harvest Levels
Year
St. Paul
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
St. George
St. Paul
St. George
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
1,645–2,000
1,645–2,000
1,645–2,000
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
300–500
300–500
300–500
1,340
1,077
1,644
1,480
1,518
1,615
1,263
1,588
1,153
1,297
1,000
754
595
646
522
493
466
396
269
181
164
281
194
319
161
259
232
227
256
193
121
184
202
132
123
139
212
206
ebenthall on PRODPC60 with PROPOSALS
Estimate of Subsistence Need for the
Period 2008 to 2010
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, 2008 to 2010,
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 and
adaptive management of the subsistence
harvest 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
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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 2008 to 2010.
Classification
National Environmental Policy Act
NMFS prepared an Environmental
Impact Statement (EIS) evaluating the
impacts on the human environment of
the subsistence harvest on northern fur
seals. The Final EIS, which is available
on the Internet (see Electronic Access)
was subjected to public review (69 FR
53915, September 3, 2004), and the
comments were incorporated into the
final EIS.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed 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,
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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, AK, 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
were prepared by the local governments
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Federal Register / Vol. 73, No. 107 / Tuesday, June 3, 2008 / Proposed Rules
in St. Paul and St. George, with
assistance from NMFS officials.
Executive Order 13175–Native
Consultation
Executive Order 13175 of November
6, 2000 (25 U.S.C. 450 Note), the
executive Memorandum of April 29,
1994 (25 U.S.C. 450 note), and the
American Indian Native Policy of the
U.S. Department of Commerce (March
30, 1995) outline the responsibilities of
the National Marine Fisheries Service in
matters affecting tribal interests. Section
161 of Public Law 108–100 (188 Stat.
452) as amended by section 518 of
Public Law 108–447 (118 Stat. 3267),
extends the consultation requirements
of E.O. 13175 to Alaska Native
corporations. NMFS has contacted the
tribal governments of St. Paul and St.
George Islands and their respective local
Native corporations (Tanadgusix and
Tanaq) about setting the next three years
harvest estimates and received their
input.
Dated: May 27, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–12323 Filed 6–2–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No.070718362–7488–01]
RIN 0648–AV14
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery of the Gulf of Mexico;
Revisions to Allowable Bycatch
Reduction Devices
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
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AGENCY:
SUMMARY: In accordance with the
framework procedures for adjusting
management measures of the Fishery
Management Plan for the Shrimp
Fishery of the Gulf of Mexico (FMP),
NMFS proposes to decertify the
expanded mesh bycatch reduction
device (BRD), the ‘‘Gulf fisheye’’ BRD,
and the ‘‘fisheye’’ BRD, as currently
specified, for use in the Gulf of Mexico
(Gulf) shrimp fishery. NMFS would also
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certify a new specification for the
fisheye device to be used in the Gulf.
The intended effect of this proposed
rule is to improve bycatch reduction in
the shrimp fishery and better meet the
requirements of national standard 9.
DATES: Comments must be received no
later than 4:30 p.m., eastern time, on
July 3, 2008.
ADDRESSES: You may submit comments,
identified by 0648–AV14, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal https://
www.regulations.gov.
• Fax: 727–824–5308, Attn: Steve
Branstetter.
• Mail: Steve Branstetter, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, Wordperfect, or Adobe
PDF file formats only.
Copies of an Initial Regulatory
Flexibility Analysis (IRFA), and
Regulatory Impact Review (RIR)
completed in support of the proposed
rule are available from the Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701;
phone: 727–824–5305; fax: 727–824–
5308.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, telephone: 727–824–
5305, fax: 727–824–5308, e-mail:
Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for shrimp in the exclusive
economic zone (EEZ) of the Gulf is
managed under the FMP prepared by
the Gulf of Mexico Fishery Management
Council (Council). The FMP is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
Background
Regulations implementing
Amendment 9 to the FMP were
published April 14, 1998 (63 FR 18139),
and established a requirement, with
limited exceptions, for the use of
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31669
certified BRDs in shrimp trawls towed
in the Gulf EEZ shoreward of the 100–
fm (183–m) depth contour west of
85°30′W. longitude (western Gulf), the
approximate longitude of Cape San Blas,
FL. The rule established descriptions of
BRD designs and configurations allowed
for use in the western Gulf shrimp
fishery.
To better address the requirements of
national standard 9 of the MagnusonStevens Act, regulations implementing
Amendment 10 to the FMP (69 FR 1538,
January 9, 2004) required BRDs in
shrimp trawls fished in the EEZ east of
85°30′ W. longitude (eastern Gulf).
In accordance with the BRD
framework procedures of the FMP,
NMFS recently modified the existing
BRD certification criterion for the
western Gulf (73 FR 8219, February 13,
2008) to be consistent with the criterion
for the eastern Gulf. The new criterion
specifies a BRD must demonstrate a 30–
percent reduction in the weight of
finfish bycatch to be certified for use in
the Gulf shrimp fishery.
The ‘‘fisheye’’ BRD and ‘‘Gulf
fisheye’’ BRD are the two dominant BRD
designs currently used in the western
Gulf. These two BRDs are actually the
same device; the only difference
between them is their configuration
(where they are placed within the cod
end of the trawl). The ‘‘fisheye’’ BRD
must be placed along the top center of
the cod end of a shrimp trawl no further
forward than 11 ft (3.4 m) from the cod
end tie-off rings. Subsequent tests of the
fisheye device in slightly different
configurations led to the certification of
the ‘‘Gulf fisheye’’ BRD. In the ‘‘Gulf
fisheye’’ configuration, the device may
be placed 15 meshes on either side of
top center, between 8.5 ft (2.6 m) and
12.5 ft (3.8 m) from the cod end tie-off
rings, thus expanding the allowable
placement of the device. These two
configurations of the fisheye device are
also certified for use in the eastern Gulf.
Because of the fisheye-type device’s
simplistic design and low cost in either
configuration, it became the industry
standard. The most commonly used
configuration for the fisheye device in
the Gulf shrimp fishery has the BRD
placed 10.5 ft (3.2 m) to 12.5 ft (3.8 m)
forward of the cod end tie-off rings.
According to NMFS’ Southeast Fishery
Science Center (SEFSC) estimates, the
fisheye device in this configuration is
achieving a 14–percent reduction in
finfish bycatch by weight. Thus, it does
not meet the new 30–percent finfish
bycatch reduction criterion, established
in separate rulemaking.
However, placed farther back in the
cod end, the fisheye device is more
effective. When placed no farther
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]]>Agencies
[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Proposed Rules]
[Pages 31666-31669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12323]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 080310408-8416-01]
RIN 0648-AW55
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 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 2005 to 2007 and proposes annual estimates of fur seal
subsistence needs for 2008 through 2010 on the Pribilof Islands, AK.
NMFS solicits public comments on the proposed estimates.
DATES: Written comments must be received at the address or fax number
by July 3, 2008.
ADDRESSES: Send comments to Kaja Brix, Assistant Regional
Administrator, Protected Resource Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit comments, identified by ``RIN 0648
AW55'' by any of the following methods:
Electronic Submissions: Submit electronic public comments via the
Federal eRulemaking Portal: https://www.regulations.gov;
Mail: Kaja Brix, Assistant Regional Administration, Protected
Resource Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK
99802;
Hand Delivery to the Federal Building: 709 West 9th Street, Room
420A, Juneau, AK;
Fax: 907 586 7557, Attention: Ellen Sebastian.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. Do not submit Confidential Business Information or otherwise
sensitive or protected information. NMFS will accept anonymous
comments. Attachments to electronic comments must be in Microsoft Word,
Excel, WordPerfect, or Adobe portable document file (pdf) file formats
to be accepted.
[[Page 31667]]
FOR FURTHER INFORMATION CONTACT: Michael Williams, (907) 271-5006; Kaja
Brix, (907) 586-7835; or Tom Eagle, (301) 713-2322, ext. 105.
SUPPLEMENTARY INFORMATION:
Electronic Access
An Environmental Impact Statement is available on the Internet at
the following address: https://www.fakr.noaa.gov/protectedresources/
seals/fur/eis/final0505.pdf.
Background
The subsistence harvest from the depleted stock of northern fur
seals (Callorhinus ursinus), on the Pribilof Islands, AK, 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 conservation.
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. Accurately predicting the
annual subsistence needs of the Pribilof communities has been one of
practical and social difficulties; the process to meet the take range
regulation has resulted in 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 and the environment.
The variability of the harvest occurs for many reasons. Weather
conditions and availability of animals varies annually. The
availability of wage earning jobs reduces the time available for
community members to hunt and harvest subsistence resources. Thus,
hunters may be unavailable to hunt in certain years or have more
financial resources to hunt in subsequent years or seasons for other
marine mammals. The current timing restriction on the northern fur seal
hunt overlaps with the local halibut fishing season, and many of the
hunters are also fishermen. In addition, crab fishery rationalization
and a renewal of the crab harvest in the Pribilof region has provided
local job opportunities that may extend into the spring hunting season
for Steller sea lions. The level of Steller sea lion hunting success in
the spring influences subsequent northern fur seal harvesting. Thus
both Steller sea lions and northern fur seals combine to meet the
subsistence needs of the local communities, with northern fur seals
providing the more seasonal, but reliable source of the two species.
Alaskan communities such as those of St. Paul and St. George Islands,
rely on marine mammals as a major food source and cultural foundation
of the communities. The harvest of juvenile male northern fur seals has
occurred for well over 200 years and the biological implications are
reasonably understood. Subsistence harvests under the current
regulations are 10 percent or less than the commercial harvests during
the past 50 years.
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 2005 to 2007
The annual harvests were conducted in the established manner and
employed the standard methods required under regulations at 50 CFR
216.72. NMFS personnel, a contract veterinarian, and tribal government
staff monitored the harvest and communicated to further improve the
efficiency of the annual harvest and full utilization of the animals
taken. Annual northern fur seal harvest reports are received from the
tribal governments of both islands and from a contract veterinarian for
St. Paul.
The reported male northern fur seal subsistence harvests for St.
Paul from 2005 to 2007 were 466, 396, and 272 respectively (Lestenkof
et al., 2006; Lestenkof and Zavadil, 2006; Lestenkof and Zavadil,
2007), and for St. George from 2005 to 2007 were 139, 212, and 206,
respectively (Lestenkof et al., 2006, Malavansky and Malavansky, 2006;
Malavansky, 2007). The number of male northern fur seals harvested on
St. Paul Island from 1986 to 2007 ranged from 272 to 1,710, and the
number harvested on St. George Island from 1986 to 2007 ranged from 92
to 319 seals. The average number of male seals harvested during the
past 10 years on St. Paul and St. George Islands, respectively, has
been 690 seals (range: 269 to 1,297) and 181 seals (range: 121 to 256),
(Table 1).
The accidental harvest of young female fur seals has occurred
intermittently during the male harvest. The regulations call for
termination of the annual harvest on August 8 of each year to reduce
the probability of the accidental killing of females to the lowest
level practical. Thirty-two females on St. Paul and four females on St.
George have been accidentally killed, since 1987. The average
accidental killing of females on St. Paul and St. George Islands during
the last 10 years is 2 and less than l, respectively.
Under section 119 of the Marine Mammal Protection Act, cooperative
agreements were signed with St. Paul in 2000 and with St. George in
2001 for the cooperative management of subsistence uses of northern fur
seals and Steller sea lions. The processes defined in the cooperative
agreements have facilitated a more collaborative working relationship
between NMFS and tribal authorities. This has led to more coordinated
efforts by the tribal governments of both islands to promote 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.
TABLE 1. SUBSISTENCE HARVEST LEVELS FOR JUVENILE MALE NORTHERN FUR SEALS
ON THE PRIBILOF ISLANDS, 1986-2007
------------------------------------------------------------------------
Expected Take Ranges Actual Harvest
------------------------ Levels
Year -------------------
St. Paul St. George St.
St. Paul George
------------------------------------------------------------------------
1986 2,400-8,00 800-1,800 1,299 124
0
1987 1,600-2,40 533-1,800 1,704 92
0
1988 1,800-2,20 600-740 1,145 113
0
[[Page 31668]]
1989 1,600-1,80 533-600 1,340 181
0
1990 1,145-1,80 181-500 1,077 164
0
1991 1,145-1,80 181-500 1,644 281
0
1992 1,645-2,00 281-500 1,480 194
0
1993 1,645-2,00 281-500 1,518 319
0
1994 1,645-2,00 281-500 1,615 161
0
1995 1,645-2,00 281-500 1,263 259
0
1996 1,645-2,00 281-500 1,588 232
0
1997 1,645-2,00 300-500 1,153 227
0
1998 1,645-2,00 300-500 1,297 256
0
1999 1,645-2,00 300-500 1,000 193
0
2000 1,645-2,00 300-500 754 121
0
2001 1,645-2,00 300-500 595 184
0
2002 1,645-2,00 300-500 646 202
0
2003 1,645-2,00 300-500 522 132
0
2004 1,645-2,00 300-500 493 123
0
2005 1,645-2,00 300-500 466 139
0
2006 1,645-2,00 300-500 396 212
0
2007 1,645-2,00 300-500 269 206
0
------------------------------------------------------------------------
Estimate of Subsistence Need for the Period 2008 to 2010
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, 2008 to 2010, 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 and adaptive management of the subsistence harvest 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 2008 to 2010.
Classification
National Environmental Policy Act
NMFS prepared an Environmental Impact Statement (EIS) evaluating
the impacts on the human environment of the subsistence harvest on
northern fur seals. The Final EIS, which is available on the Internet
(see Electronic Access) was subjected to public review (69 FR 53915,
September 3, 2004), and the comments were incorporated into the final
EIS.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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, AK, 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 were prepared by the
local governments
[[Page 31669]]
in St. Paul and St. George, with assistance from NMFS officials.
Executive Order 13175-Native Consultation
Executive Order 13175 of November 6, 2000 (25 U.S.C. 450 Note), the
executive Memorandum of April 29, 1994 (25 U.S.C. 450 note), and the
American Indian Native Policy of the U.S. Department of Commerce (March
30, 1995) outline the responsibilities of the National Marine Fisheries
Service in matters affecting tribal interests. Section 161 of Public
Law 108-100 (188 Stat. 452) as amended by section 518 of Public Law
108-447 (118 Stat. 3267), extends the consultation requirements of E.O.
13175 to Alaska Native corporations. NMFS has contacted the tribal
governments of St. Paul and St. George Islands and their respective
local Native corporations (Tanadgusix and Tanaq) about setting the next
three years harvest estimates and received their input.
Dated: May 27, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-12323 Filed 6-2-08; 8:45 am]
BILLING CODE 3510-22-S
