Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest Estimates, 45499-45503 [2011-19255]
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Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Proposed Rules
and Significant Alternatives Considered.
The RFA requires an agency to describe
any significant alternatives that it has
considered in reaching its proposed
approach, which may include the
following four alternatives (among
others): (1) the establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
47. The NPRM proposes to establish a
market-specific, spectrum availabilitybased approach to the processing of
remaining translator applications. As
discussed in more detail below,
alternatives considered included
dismissal of all pending translator
applications and the opening of a joint
LPFM/translator window, or the deferral
of translator application processing
until the close of the next LPFM
application filing window.
48. Joint Window. One option
considered was to dismiss all pending
FM translator applications from the
2003 window and make plans for a joint
window for both LPFM and FM
translator applications. In theory, such
an option could advance the three
section 5 mandates. However, the NPRM
concludes that there would be
overwhelming practical and legal
difficulties in attempting to implement
such a novel licensing process.
Specifically, the NPRM notes that an
alternate method for selecting among
‘‘mixed’’ groups of competing NCE and
commercial applications would need to
be devised, and concludes that it would
be extremely difficult to develop such a
selection method that fits within section
5’s framework as to both services, and
that any method chosen would likely be
subject to extensive, time-consuming
challenges.
49. LPFM Priority. Another option
considered was to defer consideration of
all translator applications until after the
next LPFM window. Only those
translator applications in conflict with
LPFM filings would ultimately be
dismissed under this approach. The
NPRM questions the lawfulness of this
licensing procedure, and also concludes
that this approach would necessarily
delay further the processing of translator
applications, filed in the 2003 window
and now frozen for six years, until after
the close of the next LPFM window. It
further notes that this approach would
increase the disparity between the
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number of LPFM and translator licenses
in larger markets where spectrum exists
for both services and where the number
of pending translator applications is
likely to substantially outnumber LPFM
licensing opportunities.
50. We do not believe that either of
these approaches would have offered
any significant benefits to small entities
than the proposed market-based
processing policy. Moreover, as
discussed above, the market-based
approach ensures additional spectrum
for LPFM stations in markets in which
it is most limited while also ensuring
the immediate licensing of translator
stations in communities in which ample
spectrum remains for both services,
including many major markets. Both of
these outcomes benefit small entities.
However, we are open to comments that
might propose alternatives to any of the
approaches considered above.
51. Federal Rules Which Duplicate,
Overlap, or Conflict With, the
Commission’s Proposals. None.
Ordering Clauses
52. Accordingly, it is ordered,
pursuant to the authority contained in
sections 1, 2, 4(i), 303, 307, and 309(j)
of the Communications Act of 1934, 47
U.S.C. 151, 152, 154(i), 303, 307, and
309(j), that this Notice of Proposed
Rulemaking is adopted.
53. It is further ordered that no
application to modify the facilities of an
authorized FM translator to move its
transmitter site for the first time into a
market with fewer LPFM channels
available than the service floor for that
market proposed herein, as set forth in
Appendix A, shall be accepted for filing
until the close of the upcoming LPFM
filing window proposed for summer
2012.
54. It is further ordered that the
Consumer and Governmental Affairs
Bureau, Reference Information Center,
shall send a copy of this Notice of
Proposed Rulemaking, including the
Initial Regulatory Flexibility Analysis,
to the Chief Counsel for Advocacy of the
Small Business Administration, and
shall cause it to be published in the
Federal Register.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011–19171 Filed 7–28–11; 8:45 am]
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45499
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 110718394–1392–01]
RIN 0648–BB09
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:
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
2008 to 2010 and proposes annual
estimates of fur seal subsistence needs
for 2011 through 2013 on the Pribilof
Islands, Alaska. NMFS solicits public
comments on the proposed estimates.
DATES: Written comments must be
received at the address or fax number by
August 29, 2011.
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–BB09’’ by any of the
following methods:
Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal: https://
www.regulations.gov;
Mail: Kaja Brix, Assistant Regional
Administrator, 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.
SUMMARY:
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Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Michael Williams, (907) 271–5006,
e-mail Michael.Williams@noaa.gov; Kaja
Brix, (907) 586–7835, e-mail
Kaja.Brix@noaa.gov; or Shannon
Bettridge, (301) 427–8402, e-mail
Shannon.Bettridge@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
An Environmental Impact Statement
is available on the Internet at the
following address: https://
alaskafisheries.noaa.gov/
protectedresources/seals/fur/eis/
final0505.pdf.
jlentini on DSK4TPTVN1PROD with PROPOSALS
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
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).
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 three-year period and an
estimate of the number of seals expected
to be taken in the subsequent three-year
period to meet the subsistence needs of
the Aleut residents of the Pribilof
Islands. Beginning in 2000, the ranges of
estimated annual northern fur seal
subsistence harvests 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 develop estimates of the
number of fur seals required to meet
subsistence needs has resulted in
acceptance of the different ranges since
those first established in 1986. The
current upper harvest take limit of 2,500
juvenile male fur seals has been
accepted every year since 1997. The
lower harvest take limit of 1,945
provides a degree of flexibility the
communities feel comfortable with
regarding changes and unanticipated
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needs within the community and the
environment.
There are several factors and
conditions that affect both the
subsistence harvest of northern fur seals
and the number of fur seals required to
meet subsistence needs. 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 harvest fur seals and hunt
other subsistence resources. Thus,
individual community members may be
unavailable to harvest fur seals during
the season in certain years or have more
financial resources to hunt other marine
mammals in subsequent years or
seasons. Several specific seasonal
employment opportunities may interfere
with community members’ ability to
harvest fur seals under the current
regulations. The current timing of the
northern fur seal subsistence harvest
season overlaps with the local halibut
fishing season, and many of the
community members who participate in
the harvest 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
the need to take fur seals during the
subsequent summer northern fur seal
subsistence harvest season. 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 reliable
resource of the two species, despite
being available only during a 6-week
harvest season.
The communities of St. Paul and St.
George Islands rely on marine mammals
as a major food source and a cornerstone
of their culture. The harvest of juvenile
male northern fur seals has occurred for
well over two hundred years and the
biological implications of this harvest
are reasonably well understood.
Subsistence harvests under the current
regulations are a small fraction of the
commercial harvests that occurred
during the past hundred years.
Summary of Harvest Operations and
Monitoring 2008 to 2010
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
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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 annual male northern
fur seal subsistence harvests for St. Paul
for the years 2008, 2009 and 2010 were
328, 341, and 357, respectively (Zavadil
2008; Zavadil 2009; Zavadil et al. 2010),
and for St. George for the years 2008,
2009 and 2010 were 170, 113, and 78,
respectively (Lekanof 2008, Lekanof
2009; Merculief 2010). The number of
male northern fur seals harvested on St.
Paul Island from 1986 to 2010 ranged
from 269 to 1704, and the number
harvested on St. George Island from
1986 to 2010 ranged from 78 to 319
seals. The average number of male seals
harvested during the past ten years on
St. Paul and St. George Islands,
respectively, has been 441 seals (range:
269 to 646) and 156 seals (range: 78 to
212) (Table 1).
The annual upper harvest take level is
2,500 juvenile male fur seals to satisfy
the subsistence requirements for both
St. Paul and St. George. The current
abundance estimate is about 676,416 fur
seals, and the potential biological
removal (PBR) level is estimated at
about 14,543 animals. The upper
harvest take level is significantly lower
than the PBR level, and the actual
harvest has not reached the lower take
level of 1,945 in the past decade. The
fur seal stock is designated as depleted
and has been declining recently in the
Pribilof Islands. The mortality from the
subsistence harvest is in addition to
other sources of known human-caused
mortality, which are described in the
annual stock assessment, and include
such things as bycatch in commercial
fisheries, entanglement in derelict
fishing gear, illegal shooting and
accidental death during research. The
estimates of all sources of known
human-caused mortality do not reach
PBR.
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 to
reduce the probability of the accidental
killing of females to the lowest level
practicable. 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 two
and less than one, respectively.
Under section 119 of the Marine
Mammal Protection Act, cooperative
agreements were signed with St. Paul in
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permitted under regulations at 50 CFR
216.73. The result has been an
expanded use of these materials by the
Aleut residents.
met or the harvest has been conducted
in a wasteful manner.
For the 3-year period, 2011 to 2013,
NMFS proposes no change to the past
and current ranges of 1,645–2,000
juvenile male fur seals for St. Paul
Island and 300–500 juvenile male fur
seals for St. George Island. Retaining
these levels will provide adequate
flexibility and enable adaptive
management of the subsistence harvest
through the co-management process
within the regulations. NMFS seeks
public comments on these proposed
estimates.
As described earlier in this document,
if the Aleut residents of either island
reach the lower end of this annual
harvest estimate and have unmet
subsistence needs and no indication of
waste, they may request an additional
number of seals to be harvested prior to
August 8 up to the upper limit of the
respective harvest take level. 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
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
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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
Estimate of Subsistence Need for the
Period 2011 to 2013
jlentini on DSK4TPTVN1PROD with PROPOSALS
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
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Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Proposed Rules
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 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 methods. NMFS will continue to
monitor the harvest on St. Paul Island
and St. George Islands during 2011,
2012, and 2013.
Classification
National Environmental Policy Act
NMFS prepared an Environmental
Impact Statement (EIS) evaluating the
impacts on the human environment of
the subsistence harvest of northern fur
seals. The Final EIS, which is available
on the NMFS Web site (see Electronic
Access) was subjected to public review
(69 FR 53915, September 3, 2004), and
the comments were incorporated into
the final EIS (May 2005).
jlentini on DSK4TPTVN1PROD with PROPOSALS
Executive Order 12866 and Regulatory
Flexibility Act
This proposed action has been
determined not to be a significant rule
under Executive Order (E.O.) 12866.
The proposed actions 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.
The harvest of northern fur seals on the
Pribilof Islands, Alaska, is for
subsistence purposes only. This action
directly regulates the subsistence
harvest of northern fur seals by Alaska
Natives in the communities of St. Paul
and St. George. The estimates of
subsistence need are derived based on
historic harvest levels and direct
consultation with the Tribal
Governments from each community.
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NMFS has identified two small entities
that may be affected by this action—the
communities of St. Paul and St. George,
both of which have populations less
than 500.
allowance for the small entities on St.
Paul and St. George to harvest northern
fur seals does not create a
disproportionate impact that would
disadvantage them.
Estimate of Economic Impacts on Small
Entities
This action would have no adverse
economic impact and may provide a net
benefit for the communities of St. Paul
and St. George. The estimated ranges of
the subsistence needs are unlikely to
restrict the number of animals taken by
subsistence hunters. NMFS compared
historic harvest levels on each island to
the upper and lower ends of the range
of the estimated subsistence need. The
total annual harvests on each island has
never exceeded the upper end of the
proposed subsistence need ranges, and
has only exceeded the lower end of the
proposed ranges in 1991 on both islands
and in 1993 on St. George. The
regulated entities will not experience
any change from the status quo since the
proposed ranges are the same ranges
that have been used since 1997.
The subsistence harvest of fur seals
provides a local, affordable source of
fresh and frozen meat to for the
communities’ consumption. Fresh meat
is unavailable on either St. Paul or St.
George. Subsistence hunting and fishing
are the primary means by which the
communities meet their dietary need.
No other fish and wildlife species are
predictably available to replace fresh fur
seal meat. Replacement of the frozen fur
seal meat with livestock meat that is
shipped to the islands is extremely
expensive and only available when air
and barge service can deliver. In
addition marine mammals such as fur
seals are the preferred meat resource for
Aleuts and other coastal Alaska Natives.
Explanation of the Criteria Used To
Evaluate Whether the Action Would
Impose Impacts on a ‘‘Substantial
Number’’ of Small Entities
Explanation of the Criteria Used To
Evaluate Whether the Action Would
Impose ‘‘Significant Economic Impacts’’
The proposed action will not place
any small entities at a disadvantage,
relative to large entities or impose
significant economic impacts on any
small entities.
The criteria recommended to
determine the significance of the
economic impacts of the action are
profitability and disproportionality. The
guidance states that ‘‘the concept of
profitability may not be appropriate for
a non-profit small organization or a
small government jurisdiction’’. Based
on this guidance NMFS believes
disproportionality is the appropriate
standard given the regulated entities are
small government jurisdictions. No large
entities are allowed to harvest northern
fur seals; therefore the regulatory
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The action would not impose adverse
economic impacts on any small entities.
Because this action will not impose
impacts on any small entities, it will not
impose impacts on a substantial number
of small entities. This action will have
beneficial economic impacts on the
directly regulated Alaska Native
residents of St. Paul and St. George, and
will not have an adverse economic
impact on any small entities. Therefore,
a regulatory flexibility analysis is not
required and none was 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
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
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harvest estimates and received their
input.
Dated: July 25, 2011.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 2011–19255 Filed 7–28–11; 8:45 am]
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Agencies
[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Proposed Rules]
[Pages 45499-45503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19255]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 110718394-1392-01]
RIN 0648-BB09
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 2008 to 2010 and proposes annual estimates of fur seal
subsistence needs for 2011 through 2013 on the Pribilof Islands,
Alaska. NMFS solicits public comments on the proposed estimates.
DATES: Written comments must be received at the address or fax number
by August 29, 2011.
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-
BB09'' by any of the following methods:
Electronic Submissions: Submit all electronic public comments via
the Federal eRulemaking Portal: https://www.regulations.gov;
Mail: Kaja Brix, Assistant Regional Administrator, 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 45500]]
FOR FURTHER INFORMATION CONTACT: Michael Williams, (907) 271-5006, e-
mail Michael.Williams@noaa.gov; Kaja Brix, (907) 586-7835, e-mail
Kaja.Brix@noaa.gov; or Shannon Bettridge, (301) 427-8402, e-mail
Shannon.Bettridge@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
An Environmental Impact Statement is available on the Internet at
the following address: https://alaskafisheries.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, 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 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).
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 three-year period and an estimate of the
number of seals expected to be taken in the subsequent three-year
period to meet the subsistence needs of the Aleut residents of the
Pribilof Islands. Beginning in 2000, the ranges of estimated annual
northern fur seal subsistence harvests 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 develop estimates of the number of fur seals required to
meet subsistence needs has resulted in acceptance of the different
ranges since those first established in 1986. The current upper harvest
take limit of 2,500 juvenile male fur seals has been accepted every
year since 1997. The lower harvest take limit of 1,945 provides a
degree of flexibility the communities feel comfortable with regarding
changes and unanticipated needs within the community and the
environment.
There are several factors and conditions that affect both the
subsistence harvest of northern fur seals and the number of fur seals
required to meet subsistence needs. 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 harvest fur seals and hunt other
subsistence resources. Thus, individual community members may be
unavailable to harvest fur seals during the season in certain years or
have more financial resources to hunt other marine mammals in
subsequent years or seasons. Several specific seasonal employment
opportunities may interfere with community members' ability to harvest
fur seals under the current regulations. The current timing of the
northern fur seal subsistence harvest season overlaps with the local
halibut fishing season, and many of the community members who
participate in the harvest 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 the need to
take fur seals during the subsequent summer northern fur seal
subsistence harvest season. 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 reliable
resource of the two species, despite being available only during a 6-
week harvest season.
The communities of St. Paul and St. George Islands rely on marine
mammals as a major food source and a cornerstone of their culture. The
harvest of juvenile male northern fur seals has occurred for well over
two hundred years and the biological implications of this harvest are
reasonably well understood. Subsistence harvests under the current
regulations are a small fraction of the commercial harvests that
occurred during the past hundred years.
Summary of Harvest Operations and Monitoring 2008 to 2010
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 annual male northern fur seal subsistence harvests for
St. Paul for the years 2008, 2009 and 2010 were 328, 341, and 357,
respectively (Zavadil 2008; Zavadil 2009; Zavadil et al. 2010), and for
St. George for the years 2008, 2009 and 2010 were 170, 113, and 78,
respectively (Lekanof 2008, Lekanof 2009; Merculief 2010). The number
of male northern fur seals harvested on St. Paul Island from 1986 to
2010 ranged from 269 to 1704, and the number harvested on St. George
Island from 1986 to 2010 ranged from 78 to 319 seals. The average
number of male seals harvested during the past ten years on St. Paul
and St. George Islands, respectively, has been 441 seals (range: 269 to
646) and 156 seals (range: 78 to 212) (Table 1).
The annual upper harvest take level is 2,500 juvenile male fur
seals to satisfy the subsistence requirements for both St. Paul and St.
George. The current abundance estimate is about 676,416 fur seals, and
the potential biological removal (PBR) level is estimated at about
14,543 animals. The upper harvest take level is significantly lower
than the PBR level, and the actual harvest has not reached the lower
take level of 1,945 in the past decade. The fur seal stock is
designated as depleted and has been declining recently in the Pribilof
Islands. The mortality from the subsistence harvest is in addition to
other sources of known human-caused mortality, which are described in
the annual stock assessment, and include such things as bycatch in
commercial fisheries, entanglement in derelict fishing gear, illegal
shooting and accidental death during research. The estimates of all
sources of known human-caused mortality do not reach PBR.
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 to reduce the probability
of the accidental killing of females to the lowest level practicable.
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
two and less than one, respectively.
Under section 119 of the Marine Mammal Protection Act, cooperative
agreements were signed with St. Paul in
[[Page 45501]]
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.
[GRAPHIC] [TIFF OMITTED] TP29JY11.007
Estimate of Subsistence Need for the Period 2011 to 2013
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, 2011 to 2013, NMFS proposes no change to the
past and current ranges of 1,645-2,000 juvenile male fur seals for St.
Paul Island and 300-500 juvenile male fur seals for St. George Island.
Retaining these levels will provide adequate flexibility and enable
adaptive management of the subsistence harvest through the co-
management process within the regulations. NMFS seeks public comments
on these proposed estimates.
As described earlier in this document, if the Aleut residents of
either island reach the lower end of this annual harvest estimate and
have unmet subsistence needs and no indication of waste, they may
request an additional number of seals to be harvested prior to August 8
up to the upper limit of the respective harvest take level. 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
[[Page 45502]]
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 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 methods. NMFS will continue to monitor the
harvest on St. Paul Island and St. George Islands during 2011, 2012,
and 2013.
Classification
National Environmental Policy Act
NMFS prepared an Environmental Impact Statement (EIS) evaluating
the impacts on the human environment of the subsistence harvest of
northern fur seals. The Final EIS, which is available on the NMFS Web
site (see Electronic Access) was subjected to public review (69 FR
53915, September 3, 2004), and the comments were incorporated into the
final EIS (May 2005).
Executive Order 12866 and Regulatory Flexibility Act
This proposed action has been determined not to be a significant
rule under Executive Order (E.O.) 12866. The proposed actions 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. The harvest of northern fur
seals on the Pribilof Islands, Alaska, is for subsistence purposes
only. This action directly regulates the subsistence harvest of
northern fur seals by Alaska Natives in the communities of St. Paul and
St. George. The estimates of subsistence need are derived based on
historic harvest levels and direct consultation with the Tribal
Governments from each community. NMFS has identified two small entities
that may be affected by this action--the communities of St. Paul and
St. George, both of which have populations less than 500.
Estimate of Economic Impacts on Small Entities
This action would have no adverse economic impact and may provide a
net benefit for the communities of St. Paul and St. George. The
estimated ranges of the subsistence needs are unlikely to restrict the
number of animals taken by subsistence hunters. NMFS compared historic
harvest levels on each island to the upper and lower ends of the range
of the estimated subsistence need. The total annual harvests on each
island has never exceeded the upper end of the proposed subsistence
need ranges, and has only exceeded the lower end of the proposed ranges
in 1991 on both islands and in 1993 on St. George. The regulated
entities will not experience any change from the status quo since the
proposed ranges are the same ranges that have been used since 1997.
The subsistence harvest of fur seals provides a local, affordable
source of fresh and frozen meat to for the communities' consumption.
Fresh meat is unavailable on either St. Paul or St. George. Subsistence
hunting and fishing are the primary means by which the communities meet
their dietary need. No other fish and wildlife species are predictably
available to replace fresh fur seal meat. Replacement of the frozen fur
seal meat with livestock meat that is shipped to the islands is
extremely expensive and only available when air and barge service can
deliver. In addition marine mammals such as fur seals are the preferred
meat resource for Aleuts and other coastal Alaska Natives.
Explanation of the Criteria Used To Evaluate Whether the Action Would
Impose ``Significant Economic Impacts''
The proposed action will not place any small entities at a
disadvantage, relative to large entities or impose significant economic
impacts on any small entities.
The criteria recommended to determine the significance of the
economic impacts of the action are profitability and
disproportionality. The guidance states that ``the concept of
profitability may not be appropriate for a non-profit small
organization or a small government jurisdiction''. Based on this
guidance NMFS believes disproportionality is the appropriate standard
given the regulated entities are small government jurisdictions. No
large entities are allowed to harvest northern fur seals; therefore the
regulatory allowance for the small entities on St. Paul and St. George
to harvest northern fur seals does not create a disproportionate impact
that would disadvantage them.
Explanation of the Criteria Used To Evaluate Whether the Action Would
Impose Impacts on a ``Substantial Number'' of Small Entities
The action would not impose adverse economic impacts on any small
entities. Because this action will not impose impacts on any small
entities, it will not impose impacts on a substantial number of small
entities. This action will have beneficial economic impacts on the
directly regulated Alaska Native residents of St. Paul and St. George,
and will not have an adverse economic impact on any small entities.
Therefore, a regulatory flexibility analysis is not required and none
was 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 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
[[Page 45503]]
harvest estimates and received their input.
Dated: July 25, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2011-19255 Filed 7-28-11; 8:45 am]
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