Revision to Management Measures for the Subsistence Taking of Northern Fur Seals on St. Paul Island, Alaska, 44057-44060 [2015-18176]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Notices]
[Pages 44057-44060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18176]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XZ28


Revision to Management Measures for the Subsistence Taking of 
Northern Fur Seals on St. Paul Island, Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; intent to prepare a Supplemental Environmental Impact 
Statement (SEIS).

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SUMMARY: NMFS announces its intent to prepare an SEIS in accordance 
with the National Environmental Policy Act of 1969. The SEIS will 
evaluate alternatives which include petitioned changes to the 
regulations governing management of the northern fur seal subsistence 
harvest on St. Paul Island, Alaska. The SEIS will supplement the 2005 
Final Environmental Impact Statement for Setting the Annual Subsistence 
Harvest of Northern Fur Seals on the Pribilof Islands. NMFS intends to 
prepare an SEIS because the petitioned action would make substantial 
changes to the action analyzed in the 2005 EIS that are relevant to 
environmental effects.

DATES: Written comments must be received by 5 p.m. Alaska Standard 
Time, August 24, 2015.

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ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2015-0073, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0073, Click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Jon Kurland, Assistant Regional 
Administrator for Protected Resources, Alaska Region NMFS, Attn: Ellen 
Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of the 2005 Final Environmental Impact Statement 
for Setting the Annual Subsistence Harvest of Northern Fur Seals on the 
Pribilof Islands, St. Paul Tribal Resolutions, and other relevant 
documents are available at: https://alaskafisheries.noaa.gov/protectedresources/seals/fur.htm.

FOR FURTHER INFORMATION CONTACT: Michael Williams, Protected Resources 
Division, NMFS Alaska Region, (907) 271-5117.

SUPPLEMENTARY INFORMATION: The subsistence harvest of the eastern 
Pacific stock of northern fur seals (Callorhinus ursinus) on the 
Pribilof Islands is governed by regulations at 50 CFR 216.71-.74 
established under the Fur Seal Act (FSA) (16 U.S.C. 1511 et seq.) and 
Marine Mammal Protection Act (MMPA) (16 U.S.C. 1361 et seq.). NMFS 
manages the harvest of northern fur seals under regulations that impose 
a variety of restrictions to meet the subsistence needs of Pribilovians 
while ensuring sustainable harvests. The existing regulations (1) 
establish a 47-day period between June 23 and August 8 of each year, 
during which fur seals may be taken for subsistence purposes; (2) limit 
the harvest of sub-adult male fur seals to those 124.5 cm or less in 
length; (3) identify specific hauling grounds from which fur seals may 
be taken, and provide that no hauling ground on St. Paul may be 
harvested more than once per week; (4) require that NMFS receive 
adequate advance notice of scheduled harvest activities to enable NMFS 
to monitor the harvest; and (5) require NMFS to publish triennially a 
summary of the harvest during the preceding three years and the 
estimated subsistence needs for the next three years (71 FR 8222, 
February 16, 2006; 73 FR 49616, August 22, 2008; 77 FR 6682, February 
9, 2012).
    The harvest regulations at 50 CFR 216.72(c)(2) additionally state 
``No fur seal may be taken except by experienced sealers using the 
traditional harvesting methods, including stunning followed immediately 
by exsanguination. The harvesting method shall include organized drives 
of sub-adult males to killing fields unless it is determined by the 
NMFS representatives, in consultation with the Pribilovians conducting 
the harvest that alternative methods will not result in increased 
disturbance to the rookery or the increased accidental take of female 
seals.''
    On February 16, 2007, the Aleut Community of St. Paul Island, 
Tribal Government (ACSPI) submitted a petition for rulemaking 
requesting NMFS revise regulations governing the subsistence take of 
northern fur seals on St. Paul. NMFS published the notice of receipt of 
petition in the Federal Register with a 60-day public comment period 
(77 FR 41168, July 12, 2012). NMFS received comment letters from the 
Marine Mammal Commission (MMC), Humane Society of the United States, 
Center for Biological Diversity, Alaskan Wildlife Federation, and two 
individuals. On November 10, 2014 and April 29, 2015, ACSPI submitted 
letters to NMFS (see ADDRESSES) to revise its petition based on the 
public comments and subsequent discussions during the semi-annual St. 
Paul Island Co-Management Council meetings.

St. Paul Island

    St. Paul Island is a remote island located in the Bering Sea. St. 
Paul Island residents have a need for long-term sustainable use of 
northern fur seals for subsistence purposes of cultural continuity, 
food, clothing, arts, and crafts. Alaska Natives from St. Paul Island 
have a long history of harvesting fur seals for subsistence purposes 
prior to the United States' purchase of Alaska in 1867. Prior to the 
U.S. purchase of Alaska, the Aleuts harvested northern fur seal young 
of the year (pups); U.S. records of these subsistence harvests of pups 
indicate thousands were harvested annually during the late 1800s and 
were viewed by Aleuts as one of their most valued food sources. In the 
late 1800s, the fur seal population had declined due to the 
international pelagic harvests which killed mainly females on their 
summer foraging trips; therefore, the U.S. government asked the Aleuts 
of the Pribilof Islands to stop harvesting young of the year. The 
northern fur seal population recovered by the mid-1960s, but the pup 
harvest was never resumed.
    The subsistence way of life has remained an important, consistent, 
and supporting factor in the personal, economic, and traditional 
character of ACSPI. A continued subsistence harvest preserves 
traditional skills, provides a culturally identifiable food source for 
Alaska Native residents, and enables the passing of cultural values to 
the next generation. The ACSPI petitioned NMFS on behalf of its tribal 
members to change the current subsistence harvest regulations to 
include the harvest of pups, which were an important traditional food 
source.

Proposed Action

    Based on the petition and subsequent revisions from the ACSPI, NMFS 
is evaluating a proposed action to use both harvester and scientific 
experience to improve northern fur seal subsistence harvest 
opportunities and refine existing regulatory measures to conserve the 
northern fur seal population on St. Paul Island. The 2005 EIS analyzed 
setting the annual fur seal subsistence harvest take ranges for St. 
George Island and St. Paul Island. NMFS intends to prepare an SEIS 
because the proposed action would make substantial changes to the 
action analyzed in the 2005 EIS that are relevant to environmental 
effects.
    If NMFS determines that changes to the existing regulations for 
subsistence harvest on St. Paul Island are appropriate, NMFS will issue 
a proposed rule. Via the same rulemaking, or possibly a separate 
rulemaking, NMFS may propose certain changes to the subsistence harvest 
regulations for St. George Island (50 CFR 216.72) that were analyzed in 
the August 2014 Final Supplemental Environmental Impact Statement for 
the Management of the Subsistence Harvest of Northern Fur Seals on St. 
George Island, but not implemented in the associated final rule NMFS 
published in 2014 (79 FR 65327; November 4, 2014).

[[Page 44059]]

Purpose and Need

    The purpose of the proposed action is to manage the subsistence 
harvest of fur seals on St. Paul Island. NMFS action in response to the 
petition from ACSPI is needed to fulfill Federal trust responsibilities 
under the MMPA and FSA to conserve the northern fur seal population and 
co-manage the subsistence harvest with ACSPI. In addition, NMFS trust 
responsibilities include recognizing the subsistence needs of Alaskan 
Natives on St. Paul Island to the fullest extent possible consistent 
with applicable law.

Proposed Alternatives

    The proposed alternatives only apply to northern fur seal 
subsistence harvests on St. Paul Island, Alaska. NMFS is currently 
considering three alternatives for evaluation in the SEIS: Alternative 
1 is the No Action Alternative; Alternative 2 (Petitioned Alternative) 
would modify the management to allow for a regulated harvest of 
northern fur seals to meet the subsistence needs as described in the 
petition from ACSPI; and Alternative 3 would incorporate aspects of 
Alternative 2 as modified with measures recommended from public 
comments received in response to the notice of receipt of the 2007 
ACSPI petition (77 FR 41168; July 12, 2012).
    Alternative 1, the no action alternative, would maintain the 
current subsistence harvest range on St. Paul Island from 1,645 to 
2,000 northern fur seals. Federal regulations at 50 CFR 216.72 restrict 
subsistence harvests of fur seals to a 47-day season between June 23 
and August 8 of each year. This alternative continues the harvest under 
the regulatory process used to establish harvest take levels every 
three years, and a set of restrictions that have been in place since 
1993. The restrictions include prohibitions on any taking of adult fur 
seals or pups, intentional taking of sub-adult females, and taking sub-
adult males larger than 124.5 cm long. The restrictions identify 
specific harvest locations and harvest frequency once per week per 
harvest site.
    This alternative requires NMFS to publish in the Federal Register a 
summary of the number of seals taken during the prior 3-year period and 
expected to be taken annually over the next 3-year period to meet local 
subsistence needs. This information is used to set lower and upper take 
ranges for the number of seals that can be harvested annually. 
Following a 30-day public comment period, a final notification of the 
take ranges for the subsequent 3-year period is reported. Under this 
alternative, NMFS would maintain the regulations suspending, but not 
terminating, the harvest when the lower end of the harvest range is 
reached (1,645 fur seals). NMFS can lift this suspension, if after a 
review of the harvest data, it determines that the community's 
subsistence needs have not been met. NMFS is then required to publish a 
revised estimate of the number of seals needed to meet the community's 
subsistence need up to the upper end of the range (2,000 fur seals). 
NMFS is also required to suspend the harvest if it determines that the 
subsistence needs of the community have been satisfied, or if the 
harvest is being conducted in a wasteful manner.
    Alternative 2, the petitioned action, would implement a regulated 
harvest of northern fur seals to meet the subsistence needs as 
described in the November 10, 2014, revised petition and subsequent 
clarifications from the ACSPI. ACSPI proposed on April 29, 2015, that 
the St. Paul Island Co-Management Council set seasonal limits, age 
class limits, or some combination of season and age limits not to 
exceed a total harvest of 2,000 male fur seals annually. The Co-
Management Council is a body established via an agreement between NMFS 
and ACSPI under section 119 of the MMPA to oversee subsistence harvest 
of northern fur seals and Steller sea lions on St. Paul Island, and 
comprises NMFS and ACSPI representatives.
    Alternative 2 includes the following provisions: (1) Lethally take 
up to 2,000 male fur seals annually; (2) if and when 20 female fur 
seals (1% of the harvest quota) have been accidentally killed, 
terminate all fur seal taking for the rest of the year; (3) within the 
overall limit of no more than 2,000 fur seals, take juvenile male fur 
seals by hunting with firearms from January 1 to May 31 annually and 
take by harvest (roundup, stunning, and exsanguination) male pups and 
juvenile male fur seals from June 23 to December 31 annually; (4) 
implement a subsistence harvest review process to be overseen by the 
Co-Management Council to develop harvest monitoring and allocation 
plans intended to minimize sub-lethal effects to seals not harvested, 
maximize detection and avoidance of females, prevent wasteful taking, 
and make in-season allocations among the age groups and locations to be 
harvested. The total harvest level under Alternative 2 would be the 
same as the currently authorized upper end of the harvest range for St. 
Paul established for the 2014-2016 seasons (79 FR 45728; August 6, 
2014). In addition, the harvest would be suspended for two days if and 
when 5 females have been accidentally killed, which would allow time 
for ACSPI to determine in consultation with NMFS what measures can be 
taken to detect and reduce additional mortality of females.
    Under Alternative 2, a pup would be defined as a fur seal in the 
first year of its life and a juvenile would be defined as any animal 
that is older than a pup but too young to reproduce (up to seven years 
old). The current regulation uses the term sub-adult which is in 
reference to seals aged two to five years old or less than 124.5 cm 
long. The prohibition on taking animals greater than 124.5 cm in length 
would be eliminated to allow hunting larger fur seals from January 1 to 
May 31, most of which would be shot in the water similar to the manner 
in which Alaska Natives on St. Paul hunt for Steller sea lions during 
this same time period. The regulations suspending the harvest when the 
lower end of the harvest range is reached (1,645 fur seals) would be 
eliminated. Additionally, all fur seal pups to be harvested between 
June 23 and December 31 would be sexed before harvesting to ensure that 
female pups are detected and not killed. The location restrictions 
would be changed to allow harvest round-ups to originate in the 
rookeries and hauling grounds.
    Alternative 3 would incorporate recommendations described in the 
August 24, 2012 letter from the MMC and other members of the public 
(see ADDRESSES) into Alternative 2. Specifically, Alternative 3 would 
include the MMC's recommendations concerning monitoring of the harvest 
to ensure no wasteful taking occurs, disturbance at haulouts and taking 
of females is minimized, and use of firearms to harvest fur seals is 
prohibited.
    Thus Alternative 3 would: (1) Allow 342 days of harvest, split into 
two seasons: January 1 to May 31, and June 23 to December 31; (2) from 
June 23 to December 31 limit the harvest of up to 1,500 male pups; (3) 
allow up to 500 juvenile males to be harvested during either season; 
and (4) include a new prohibition to terminate the harvest for the year 
if and when 20 female fur seals have been killed. Unlike Alternative 2, 
Alternative 3 would specifically prohibit any use of firearms such that 
juvenile and pup fur seals would be harvested using the current method 
of roundup, stunning, and exsanguination.
    Alternative 3 would maintain the current subsistence harvest range 
on St. Paul Island from 1,645 to 2,000 northern fur seals, and the 
existing suspension provisions. Alternative 3 would define fur seal 
life stages to be harvested in the

[[Page 44060]]

same fashion as Alternative 2. Based on public comments this 
alternative would include criteria to determine if taking during the 
subsistence harvest is occurring in a wasteful manner. Additionally, 
all fur seal pups to be harvested from June 23 to December 31 would be 
sexed before harvesting to ensure that female pups are detected and not 
killed. This alternative would include provisions for ACSPI and NMFS to 
jointly develop harvest monitoring plans within the co-management 
structure intended to minimize sub-lethal effects to seals not 
harvested, maximize detection and avoidance of females, and prevent 
wasteful taking.

Public Involvement

    Scoping is an early and open process for determining the scope of 
issues, alternatives, and impacts to be addressed in an EIS, and for 
identifying the significant issues related to the proposed action. A 
principal objective of the scoping and public involvement process is to 
identify a range of reasonable management alternatives that, with 
adequate analysis, will delineate critical issues and provide a clear 
basis for distinguishing among those alternatives and selecting a 
preferred alternative. NMFS began informal scoping for this issue in 
2007 when it received the petition from the ACSPI proposing changes in 
harvest regulations to better meet the community's subsistence need.
    NMFS is seeking written public comments on the scope of issues, 
potential impacts, and alternatives that should be considered for the 
fur seal harvest regulations. NMFS is also seeking public comments 
regarding whether the SEIS should evaluate additional alternatives, 
such as different levels of age-specific harvests and harvest 
termination thresholds to manage the subsistence removals of fur seals 
on St. Paul Island. Written comments will be accepted at the address 
above (see ADDRESSES). Written comments should be as specific as 
possible to be the most helpful. NMFS will incorporate scoping comments 
received into the Draft SEIS.

    Dated: July 21, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-18176 Filed 7-23-15; 8:45 am]
 BILLING CODE 3510-22-P