Subsistence Taking of Northern Fur Seals on the Pribilof Islands; Summary of Fur Seal Harvests for 2014-2016 and Proposed Annual Subsistence Harvest Needs for 2017-2019, 22797-22801 [2017-10089]
Download as PDF
Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Proposed Rules
III. Ordering Clauses
110. It is ordered that, pursuant to the
authority contained in sections 1, 2, 4(i),
4(j), 301, 302, 303, 307, 308, 309, 310,
and 332 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 152,
154(i), 154(j), 301, 302a, 303, 307, 308,
309, 310, and 332, the FNPRM in GN
Docket No. 13–111 is adopted.
111. It is further ordered that,
pursuant to applicable procedures set
forth in sections 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments on the FNPRM on or before
30 days after publication in the Federal
Register and reply comments on or
before 60 days after publication in the
Federal Register.
112. It is further ordered that,
pursuant to section 801(a)(1)(A) of the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A), the Commission shall send
a copy of the FNPRM to Congress and
to the Government Accountability
Office.
113. It is further ordered that the
Commission’s Consumer &
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the FNPRM, including the Initial
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 20
Communications common carriers,
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to further amend
47 CFR part 20, as amended in a final
rule published elsewhere in this issue of
the Federal Register, as set forth below:
PART 20—COMMERCIAL MOBILE
RADIO SERVICES
1. The authority citation for part 20
continues to read as follows:
jstallworth on DSK7TPTVN1PROD with PROPOSALS
■
Authority: 47 U.S.C. 151, 152(a), 154(i),
157, 160, 201, 214, 222, 251(e), 301, 302, 303,
303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316,
316(a), 332, 610, 615, 615a, 615b, 615c,
unless otherwise noted.
2. Amend § 20.23 by adding paragraph
(b) to read as follows:
■
§ 20.23 Contraband wireless devices in
correctional facilities.
*
*
*
*
*
(b) Disabling contraband wireless
devices. A Designated Correctional
VerDate Sep<11>2014
12:41 May 17, 2017
Jkt 241001
Facility Official may request that a
CMRS licensee disable a contraband
wireless device in a correctional facility
detected by a Contraband Interdiction
System as described below.
(1) Licensee obligation. A licensee
providing CMRS service must:
(i) Upon request of a Designated
Correctional Facility Official, provide a
point of contact suitable for receiving
qualifying requests to disable devices;
and
(ii) Upon request of a Designated
Correctional Facility Office to disable a
contraband wireless devices, verify that
the request is a qualifying request and,
if so, permanently disable the device.
(2) Qualifying request. A qualifying
request must be made in writing via a
verifiable transmission mechanism,
contain the certifications in paragraph
(3) of this section and the device and
correctional facility identifying
information in paragraph (4) of this
section, and be signed by a Designated
Correctional Facility Official. For
purposes of this section, a Designated
Correctional Facility Official means a
state or local official responsible for the
correctional facility where the
contraband device is located.
(3) Certifications. A qualifying request
must include the following
certifications by the Designated
Correctional Facility Official:
(i) The CIS used to identify the device
is authorized for operation through a
Commission license or approved lease
agreement, referencing the applicable
ULS identifying information;
(ii) The Designated Correctional
Facility Official has contacted all CMRS
licensees providing service in the area
of the correctional facility in order to
establish a verifiable transmission
mechanism for making qualifying
requests and for receiving notifications
from the CMRS licensee;
(iii) The Designated Correctional
Facility Official has substantial
evidence that the contraband wireless
device was used in the correctional
facility, and that such use was observed
within the 30 day period immediately
prior to the date of submitting the
request; and
(iv) The CIS used to identify the
device is an Eligible CIS as defined in
paragraph (5) of this section. The
Designated Correctional Facility Official
must include a copy of a FCC Public
Notice listing the eligible CIS.
(4) Device and correctional facility
identifying information. The request
must identify the device to be disabled
and correctional facility by providing
the following information:
(i) Identifiers sufficient to uniquely
describe the device in question;
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
22797
(ii) Licensee providing CMRS service
to the device;
(iii) Name of correctional facility;
(iv) Street address of correctional
facility;
(v) Latitude and longitude coordinates
sufficient to describe the boundaries of
the correctional facility; and
(vi) Call signs of FCC Licenses and/or
Leases authorizing the CIS.
(5) Eligible CIS. (i) In order to be listed
on a FCC Public Notice as an Eligible
CIS, a CIS operator must demonstrate to
the Commission that:
(A) All radio transmitters used as part
of the CIS have appropriate equipment
authorization pursuant to Commission
rules;
(B) The CIS is designed and will be
configured to locate devices solely
within a correctional facility, secure and
protect the collected information, and is
capable of being programmed not to
interfere with emergency 911 calls; and
(C) The methodology to be used in
analyzing data collected by the CIS is
sufficiently robust to provide a high
degree of certainty that the particular
wireless device is in fact located within
a correctional facility.
(ii) Periodically, the Commission will
issue Public Notices listing all Eligible
CISs.
[FR Doc. 2017–09886 Filed 5–17–17; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 170303228–7228–01]
RIN 0648–BG71
Subsistence Taking of Northern Fur
Seals on the Pribilof Islands; Summary
of Fur Seal Harvests for 2014–2016 and
Proposed Annual Subsistence Harvest
Needs for 2017–2019
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
North Pacific fur seals (Callorhinus
ursinus) (northern fur seals), this
document summarizes the annual fur
seal subsistence harvests on St. George
and St. Paul Islands (the Pribilof
Islands) in Alaska for 2014–2016 and
proposes annual estimates of northern
SUMMARY:
E:\FR\FM\18MYP1.SGM
18MYP1
jstallworth on DSK7TPTVN1PROD with PROPOSALS
22798
Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Proposed Rules
fur seal subsistence harvest on the
Pribilof Islands for 2017–2019. The
proposed number of fur seals expected
to satisfy the subsistence requirements
of Alaska Natives residing on the
Pribilof Islands (Pribilovians) during the
years 2017–2019 is 300 to 500 for St.
George and 1,645 to 2,000 for St. Paul.
These harvest levels are unchanged
from the levels established for 2014–
2016. NMFS solicits public comments
on the proposed subsistence harvest
needs for 2017–2019.
DATES: Comments must be received no
later than June 19, 2017.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2017–0018 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-20170018, 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, Protected Resources
Division, 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),
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).
Two Final Environmental Impact
Statements and one Draft EIS are
available on the Internet at the following
address under the NEPA Analyses tab:
https://alaskafisheries.noaa.gov/pr/furseal.
FOR FURTHER INFORMATION CONTACT:
Michael Williams, NMFS Alaska
Region, 907–271–5117,
michael.williams@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Eastern Pacific stock of northern
fur seals (fur seals) is considered
depleted under the Marine Mammal
Protection Act (MMPA), 16 U.S.C. 1361,
et seq. The subsistence harvest from this
VerDate Sep<11>2014
12:41 May 17, 2017
Jkt 241001
stock on the Pribilof Islands is governed
by regulations found in 50 CFR part 216,
subpart F, published under the
authority of the Fur Seal Act (FSA), 16
U.S.C. 1151, et seq. The regulations
authorize Pribilovians to take fur seals
on the Pribilof Islands if such taking is
for subsistence uses and not
accomplished in a wasteful manner.
Since 1997, the allowable harvest level
for St. George has been 300 to 500 fur
seals and the allowable harvest level for
St. Paul has been 1,645 to 2,000 fur
seals. On both islands, if the harvest
reaches the lower level and the
Pribilovians have not met their
subsistence harvest needs they must
obtain the concurrence of NMFS before
harvesting up to the upper level.
NMFS has restricted the subsistence
harvest of fur seals on the Pribilof
Islands to sub-adult male fur seals less
than 124.5 cm in length during a 47-day
season (from June 23 to August 8) on the
Pribilof Islands. In 2014, NMFS created
a second harvest season on St. George
Island (from September 16 to November
30), authorizing the harvest of up to 150
male pups (79 FR 65327; November 4,
2014). The authority to harvest 150 male
pups on St. George Island did not
change the lower or upper harvest level
established previously (79 FR 45728;
August 5, 2014). The purposes of these
regulations are to (1) limit the take of fur
seals to a sustainable level that provides
for the subsistence requirements of
Pribilovians, and (2) restrict taking by
sex, age, location, and season to ensure
conservation of the species.
Pursuant to subsistence harvest
regulations at 50 CFR 216.72(b), every
three years NMFS must publish in the
Federal Register a summary of the
Pribilovians’ fur seal harvest for the
previous three-year period. NMFS is
also required to include an estimate of
the number of fur seals expected to
satisfy the subsistence requirements of
Pribilovians in the subsequent threeyear period. Since 2000, NMFS
estimated the number of seals necessary
to satisfy the subsistence requirements
of Pribilovians based on discussions
with the St. Paul and St. George Tribal
Governments (Tribal Governments) as
established in their respective comanagement agreements pursuant to
Section 119 of the MMPA. NMFS works
with the Tribal Governments to estimate
a lower and upper number of fur seals
to be harvested annually to satisfy the
subsistence requirements of the
Pribilovians.
Other Actions Potentially Affecting the
Fur Seal Subsistence Harvest Estimates
In response to a petition from the
Aleut Community of St. Paul Island,
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
NMFS recently published a Draft
Supplemental Environmental Impact
Statement to evaluate the effects
relevant to environmental concerns of
potential changes to the regulations
governing subsistence harvest of fur
seals on St. Paul Island (82 FR 4336;
January 13, 2017). Based on review of
the public comments, NMFS is
considering whether to undertake
proposed and final rulemaking to revise
fur seal subsistence harvest regulations
at 50 CFR 216.72. Should NMFS
undertake such rulemaking the triennial
process of assessing the Pribilovians’
subsistence needs and setting lower and
upper levels for the maximum allowable
harvest of fur seals may be modified or
removed from the regulations. NMFS is
not seeking comment on these potential
proposals here.
Fur Seal Status and Subsistence Needs
Based on the most recent fur seal
stock assessment report (2016), NMFS
estimates that the current abundance of
the eastern Pacific fur seals stock is
648,534. The potential biological
removal (PBR) level (i.e., the maximum
number of animals, not including
natural mortalities, that may be removed
from the stock while allowing the stock
to reach or maintain its optimum
sustainable population level) is 11,802
animals (Muto et al., 2016). Harvest of
the maximum allowable level on both
St. George and St. Paul Islands (2,500
sub-adult male fur seals; a level that the
Pribilovians have not reached since
1985) would amount to 21.2 percent of
the PBR level. However, the populationlevel effect of the harvest on the stock
is lower than 21.2 percent of the PBR
because PBR assumes random mortality
across all ages and both sexes, and the
subsistence harvest is regulated to select
sub-adult male fur seals (including male
pups on St. George). Fur seal
reproduction depends
disproportionately on females, so
harvesting males has much less
influence on the population. Limiting
the harvest of fur seals to males that
have not reached adulthood has been
the basis of sustainable harvests on the
Pribilofs for over 100 years.
The mortality from the subsistence
harvest is in addition to other sources of
known human-caused mortality that are
described in the annual stock
assessment reports (Muto et al., 2016),
including bycatch in commercial
fisheries, entanglement in derelict
fishing gear and marine debris as well
as accidental death during research. The
5-year average (2009–2013) annual
estimates of the sources of known
human-caused mortality of fur seals, as
identified in the 2016 stock assessment
E:\FR\FM\18MYP1.SGM
18MYP1
22799
Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Proposed Rules
report (Muto et al., 2016), are: fisheries
bycatch (average = 1.1); entanglement
(average = 12); research (average <1);
and subsistence harvests (average =
432). These sources of known humancaused mortality of fur seals are less
than 4 percent of PBR. During the past
5 years, there have been no reports of
illegal shooting by fishermen, and one
seal was killed in 2015 when it was
struck by a car on St. Paul. NMFS Office
of Law Enforcement has been unable to
identify suspects in cases where illegal
harvest of fur seals is suspected.
The 1985 and subsequent estimates of
the number of fur seals required to meet
subsistence needs were based on
pounds of meat estimated to have been
consumed by Pribilovians from the turn
of the century (50 FR 27914, July 4,
1985; 51 FR 17896, May 15, 1986). The
short seasons required by the
regulations forced employers,
employees, and fishermen to choose
between wage earning jobs and
volunteer participation in the
subsistence harvest. Public comments
on those notices of the number of fur
seals required to meet their subsistence
need suggested that NMFS should
reduce the lower level of the subsistence
need because the actual harvest seldom
reached the lower level established in
the early years of the subsistence
regulations (51 FR 17896, May 15, 1986;
51 FR 24828, July 9, 1986; 53 FR 28886,
August 1, 1998; 56 FR 25066, June 3,
1991). NMFS responded by reducing the
estimates of Pribilovians’ subsistence
need to its lowest level in 1990 and
1991 (1,326–2,300), and in 1991 both
islands made written requests to exceed
the lower end of the range and
ultimately harvested the highest number
of fur seals allowed under the
subsistence regulations (Table 1). NMFS
increased the estimated subsistence
need through 1997, and the harvest has
not reached the lower level established
for either island since 1993 (Table 1).
The lower level may only be exceeded
if the Assistant Administrator (1)
reviews the harvest data, (2) determines
that additional harvest is necessary to
satisfy Pribilovians’ subsistence needs,
and (3) provides a revised estimate of
the number of seals required to satisfy
subsistence needs in accordance with 50
CFR 216.72(f). Exceedance of the upper
harvest level is not authorized. The
current lower harvest level of 1,945,
while higher than actual harvest levels
in the past decade, provides a degree of
flexibility that allows for environmental
changes and accommodates
unanticipated community needs.
The communities of St. Paul and St.
George Islands rely on marine mammals
as a major food source and a cornerstone
of their culture. Several factors affect
both the subsistence harvest of northern
fur seals and the number of fur seals
required to meet subsistence needs.
Weather conditions and availability of
subsistence resources and store-bought
foods vary annually. The availability of
wage-earning jobs affects the time
available for community members to
harvest fur seals and other subsistence
resources. For example, the subsistence
harvest season is concurrent with the
Pacific halibut commercial fishing
season. Individual community members
may choose to participate in wageearning jobs rather than volunteer to
participate in the subsistence harvest fur
seals. In addition, some seasonal
employment opportunities, such as
commercial crab fishing, may interfere
with community members’ ability to
harvest Steller sea lions, increasing their
reliance upon the northern fur seal as a
subsistence food source.
Summary of Harvest Operations and
Monitoring From 2014 to 2016
The harvests of sub-adult male fur
seals from 2014 to 2016 were conducted
in the established manner and
employed the standard harvest methods
required under 50 CFR 216.72. NMFS
personnel, a harvest observer contracted
by NMFS, and tribal government staff
monitored the harvests during the
period of 2014 through 2016. The NMFS
personnel, harvest observer, and tribal
government staff communicated during
and after the harvests to further improve
the efficiency of the annual harvest,
encourage full utilization of the animals
taken, and reduce stress to unharvested
seals. NMFS received annual harvest
reports from the tribal governments of
both islands and the harvest observers.
These reports were reviewed and
verified by NMFS prior to finalization
and public distribution. Through comanagement, the tribal governments on
both St. Paul and St. George Islands
have taken responsibility for ensuring
the subsistence harvest of male fur seals
from the age classes authorized on the
respective islands is not accomplished
in a wasteful manner, minimizes the
accidental take of females, and does not
result in increased disturbance to the fur
seals on rookeries. The Pribilovians
have requested more autonomy to
undertake and monitor the fur seal
harvest themselves via co-management,
and NMFS continues to balance that
request with the need to independently
observe a portion of the harvests on both
islands each year (see 51 FR 17896; May
15, 1986, 53 FR 28886; August 1, 1988,
58 FR 42027; August 6, 1993, 79 FR
65327; November 4, 2014).
The reported fur seal subsistence
harvest for St. Paul was 266 animals in
2014, 314 in 2015, and 309 in 2016
(Lestenkof et al., 2015, Lestenkof et al.,
2016, Melovidov et al., 2017). The
reported total subsistence harvest of fur
seals on St. George Island in 2014, 2015,
and 2016 was 158, 118, and 83,
respectively, of which the sub-adult
harvest was 104 in 2014, 61 in 2015,
and 37 in 2016 (Kashevarof 2015,
Kashevarof 2016, Lekanof 2017) and the
pup harvest was 54 in 2014, 57 in 2015,
and 46 in 2016 (Testa 2016, IAG 2016,
and IAG 2017). From 1986 to 2016, the
reported number of sub-adult male fur
seals harvested on St. Paul and St.
George ranged from 266–1704 and 37–
319, respectively (Table 1). The average
number of male seals harvested
annually during the past decade on St.
Paul was 318 (range: 262 to 383), and on
St. George was 119 (range: 63 to 206)
including pups.
TABLE 1—HARVEST LEVELS AND ACTUAL SUBSISTENCE HARVEST LEVELS OF SUB-ADULT MALE NORTHERN FUR SEALS
ON THE PRIBILOF ISLANDS, 1986–2016
jstallworth on DSK7TPTVN1PROD with PROPOSALS
[Accidental female harvests and the pup harvest from 2014–16 are not included]
Harvest levels
Actual harvest
Year
St. Paul
1986
1987
1988
1989
1990
1991
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
VerDate Sep<11>2014
12:41 May 17, 2017
Jkt 241001
PO 00000
Frm 00038
Fmt 4702
2,400–8,000
1,600–2,400
1,800–2,200
1,600–1,800
1,145–1,800
1,145–1,800
Sfmt 4702
St. George
800–1,800
533–1,800
600–740
533–600
181–500
181–500
E:\FR\FM\18MYP1.SGM
18MYP1
St. Paul
1,299
1,704
1,145
1,340
1,077
1,644
St. George
124
92
113
181
164
281
22800
Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Proposed Rules
TABLE 1—HARVEST LEVELS AND ACTUAL SUBSISTENCE HARVEST LEVELS OF SUB-ADULT MALE NORTHERN FUR SEALS
ON THE PRIBILOF ISLANDS, 1986–2016—Continued
[Accidental female harvests and the pup harvest from 2014–16 are not included]
Harvest levels
Actual harvest
Year
St. Paul
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
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
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
jstallworth on DSK7TPTVN1PROD with PROPOSALS
A single accidental harvest of a subadult female fur seal occurred during
2014–2016 on St. George. On St. Paul
harvesters accidentally killed seven subadult females during 2014–2016. The
average annual accidental harvest of
females is two on St. Paul and less than
one on St. George since 1986.
Under section 119 of the MMPA,
NMFS signed agreements 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
described in the cooperative agreements
have facilitated a collaborative working
relationship between NMFS and tribal
authorities to manage efficient harvests
for food and to promote full utilization
for traditional arts, crafts, and other uses
permitted under regulations at 50 CFR
216.73 (Melovidov et al., 2017, IAG
2016, IAG 2017).
accommodates environmental changes,
and unanticipated community needs.
NMFS will continue to work with the
Tribal Governments of St. Paul and St.
George under section 119 of the MMPA
to ensure their subsistence needs are
met in a manner that is consistent with
the sustainable use and conservation of
fur seals. NMFS seeks public comments
on these proposed estimates of the
annual number of fur seals expected to
satisfy the subsistence requirements of
Pribilovians from 2017 through 2019.
NMFS will continue to monitor the
harvest on St. Paul and St. George
Islands during 2017, 2018, and 2019,
and coordinate regular monitoring and
reporting through the agreements signed
for cooperative management of the
subsistence use of fur seals.
Estimate of Subsistence Need for 2017
Through 2019
For the 3-year period from 2017
through 2019, NMFS proposes no
change to the current allowable harvest
ranges of 1,645–2,000 sub-adult male fur
seals for St. Paul Island and 300–500
sub-adult male fur seals for St. George
Island (including up to 150 male pups).
Retaining the allowable harvest levels at
the current range provides for fur seal
conservation, flexibility that
NMFS prepared an Environmental
Impact Statement (EIS) evaluating the
impacts on the human environment of
the subsistence harvest of northern fur
seals, which is available on the NMFS
Web site (see Reviewing Documents). A
draft EIS was available for public review
(69 FR 53915; September 3, 2004), and
NMFS incorporated the comments into
the final EIS (May 2005). A draft
Supplemental EIS (SEIS) was prepared
regarding the management of the
VerDate Sep<11>2014
12:41 May 17, 2017
Jkt 241001
Classification
National Environmental Policy Act
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
St. George
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
300–500
300–500
300–500
300–500
300–500
300–500
300–500
300–500
300–500
St. Paul
1,480
1,518
1,615
1,263
1,588
1,153
1,297
1,000
754
595
646
522
493
466
396
269
328
341
357
322
383
298
262
312
308
St. George
194
319
161
259
232
227
256
193
121
184
202
132
123
139
212
206
170
113
78
120
63
80
103
61
37
subsistence harvest of northern fur seals
on St. George Island, made available for
public review (79 FR 31110; May 30,
2014), and NMFS incorporated the
public comments into the final SEIS (79
FR 49774; August 22, 2014). A draft
Supplemental EIS (SEIS) was prepared
regarding the management of the
subsistence harvest of northern fur seals
on St. Paul Island, made available for
public review (82 FR 4336; January 13,
2017), and NMFS is reviewing those
public comments separate from the
action considered here.
An SEIS should be prepared if (1) the
agency makes substantial changes in the
proposed action that are relevant to
environmental concerns; or (2)
significant new circumstances or
information exist relevant to
environmental concerns and bearing on
the proposed action or its impacts (40
CFR 1502.9(c)(1)). After reviewing the
information contained in the 2005 EIS
and 2014 SEIS, the Regional
Administrator has determined that (1)
approval of the proposed 2017–2019 fur
seal subsistence harvest notice does not
constitute a change in the action; and (2)
there are no significant new
circumstances or information relevant to
environmental concerns and bearing on
the proposed action or its impacts.
Additionally, the proposed 2017–2019
fur seal subsistence harvest levels will
result in environmental impacts within
E:\FR\FM\18MYP1.SGM
18MYP1
Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Proposed Rules
the scope of those analyzed and
disclosed in the previous EIS. Therefore,
supplemental NEPA documentation is
not necessary to implement the 2017–
2019 fur seal subsistence harvest levels
proposed in this document.
Executive Order 12866 and 13563
This proposed action is authorized
under 50 CFR 216.72(b) and is not
significant for the purposes of Executive
Orders 12866 and 13563.
Regulatory Flexibility Act
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 fur seals on the Pribilof
Islands, Alaska, is for subsistence
purposes only. This action directly
regulates the subsistence harvest of
northern fur seals by Pribilovians. 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.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Estimate of Economic Impacts on Small
Entities
This action would have no adverse
economic impact and may provide a net
economic benefit for the communities of
St. Paul and St. George. The upper limit
of the estimated subsistence harvest
need is unlikely to restrict the number
of animals taken by subsistence users.
NMFS compared historic harvest levels
on each island to the upper and lower
harvest limits. The total annual harvests
on each island have never exceeded the
upper limit of the proposed subsistence
need, and have only exceeded the lower
limit three times; 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 allowable subsistence harvest
levels remain unchanged since 1997.
The subsistence harvest of fur seals
provides a local, affordable source of
fresh and frozen meat for the
communities’ consumption. Fresh storebought meat is not available on either
St. Paul or St. George Islands.
Subsistence hunting and fishing are the
VerDate Sep<11>2014
12:41 May 17, 2017
Jkt 241001
primary means by which the
communities meet their dietary needs.
No other fish and wildlife species are
predictably available to replace fresh fur
seal meat. Livestock meat shipped to the
islands is extremely expensive,
represents a dietary alternative rather
than a replacement for fur seal meat,
and is only available when air or barge
service can deliver it. In addition,
marine mammals such as fur seals are
the culturally-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 that 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 proposed action would not
impose adverse economic impacts on
any small entities. Because this action
will not impose significant economic
impacts on any small entities, it will not
impose impacts on a substantial number
of small entities. This action may 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.
PO 00000
Frm 00040
Fmt 4702
Sfmt 9990
22801
Paperwork Reduction Act
This proposed action does not require
the collection of information for the
purposes of the Paperwork Reduction
Act.
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 use and
need 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), the American
Indian Native Policy of the U.S.
Department of Commerce (March 30,
1995), the Department of Commerce’s
Tribal Consultation Policy (including
the Department of Commerce
Administrative Order 218–8, April 26,
2012), and the NOAA Procedures for
Government-to-Government
Consultation With Federally Recognized
Indian Tribes and Alaska Native
Corporations (November 12, 2013)
outline the responsibilities of NMFS 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
and considered their input.
Dated: May 15, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–10089 Filed 5–16–17; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\18MYP1.SGM
18MYP1
Agencies
[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)]
[Proposed Rules]
[Pages 22797-22801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10089]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 170303228-7228-01]
RIN 0648-BG71
Subsistence Taking of Northern Fur Seals on the Pribilof Islands;
Summary of Fur Seal Harvests for 2014-2016 and Proposed Annual
Subsistence Harvest Needs for 2017-2019
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 North Pacific fur seals (Callorhinus ursinus) (northern fur seals),
this document summarizes the annual fur seal subsistence harvests on
St. George and St. Paul Islands (the Pribilof Islands) in Alaska for
2014-2016 and proposes annual estimates of northern
[[Page 22798]]
fur seal subsistence harvest on the Pribilof Islands for 2017-2019. The
proposed number of fur seals expected to satisfy the subsistence
requirements of Alaska Natives residing on the Pribilof Islands
(Pribilovians) during the years 2017-2019 is 300 to 500 for St. George
and 1,645 to 2,000 for St. Paul. These harvest levels are unchanged
from the levels established for 2014-2016. NMFS solicits public
comments on the proposed subsistence harvest needs for 2017-2019.
DATES: Comments must be received no later than June 19, 2017.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0018 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-2017-0018, 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, Protected Resources Division, 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), 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).
Two Final Environmental Impact Statements and one Draft EIS are
available on the Internet at the following address under the NEPA
Analyses tab: https://alaskafisheries.noaa.gov/pr/fur-seal.
FOR FURTHER INFORMATION CONTACT: Michael Williams, NMFS Alaska Region,
907-271-5117, michael.williams@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Eastern Pacific stock of northern fur seals (fur seals) is
considered depleted under the Marine Mammal Protection Act (MMPA), 16
U.S.C. 1361, et seq. The subsistence harvest from this stock on the
Pribilof Islands is governed by regulations found in 50 CFR part 216,
subpart F, published under the authority of the Fur Seal Act (FSA), 16
U.S.C. 1151, et seq. The regulations authorize Pribilovians to take fur
seals on the Pribilof Islands if such taking is for subsistence uses
and not accomplished in a wasteful manner. Since 1997, the allowable
harvest level for St. George has been 300 to 500 fur seals and the
allowable harvest level for St. Paul has been 1,645 to 2,000 fur seals.
On both islands, if the harvest reaches the lower level and the
Pribilovians have not met their subsistence harvest needs they must
obtain the concurrence of NMFS before harvesting up to the upper level.
NMFS has restricted the subsistence harvest of fur seals on the
Pribilof Islands to sub-adult male fur seals less than 124.5 cm in
length during a 47-day season (from June 23 to August 8) on the
Pribilof Islands. In 2014, NMFS created a second harvest season on St.
George Island (from September 16 to November 30), authorizing the
harvest of up to 150 male pups (79 FR 65327; November 4, 2014). The
authority to harvest 150 male pups on St. George Island did not change
the lower or upper harvest level established previously (79 FR 45728;
August 5, 2014). The purposes of these regulations are to (1) limit the
take of fur seals to a sustainable level that provides for the
subsistence requirements of Pribilovians, and (2) restrict taking by
sex, age, location, and season to ensure conservation of the species.
Pursuant to subsistence harvest regulations at 50 CFR 216.72(b),
every three years NMFS must publish in the Federal Register a summary
of the Pribilovians' fur seal harvest for the previous three-year
period. NMFS is also required to include an estimate of the number of
fur seals expected to satisfy the subsistence requirements of
Pribilovians in the subsequent three-year period. Since 2000, NMFS
estimated the number of seals necessary to satisfy the subsistence
requirements of Pribilovians based on discussions with the St. Paul and
St. George Tribal Governments (Tribal Governments) as established in
their respective co-management agreements pursuant to Section 119 of
the MMPA. NMFS works with the Tribal Governments to estimate a lower
and upper number of fur seals to be harvested annually to satisfy the
subsistence requirements of the Pribilovians.
Other Actions Potentially Affecting the Fur Seal Subsistence Harvest
Estimates
In response to a petition from the Aleut Community of St. Paul
Island, NMFS recently published a Draft Supplemental Environmental
Impact Statement to evaluate the effects relevant to environmental
concerns of potential changes to the regulations governing subsistence
harvest of fur seals on St. Paul Island (82 FR 4336; January 13, 2017).
Based on review of the public comments, NMFS is considering whether to
undertake proposed and final rulemaking to revise fur seal subsistence
harvest regulations at 50 CFR 216.72. Should NMFS undertake such
rulemaking the triennial process of assessing the Pribilovians'
subsistence needs and setting lower and upper levels for the maximum
allowable harvest of fur seals may be modified or removed from the
regulations. NMFS is not seeking comment on these potential proposals
here.
Fur Seal Status and Subsistence Needs
Based on the most recent fur seal stock assessment report (2016),
NMFS estimates that the current abundance of the eastern Pacific fur
seals stock is 648,534. The potential biological removal (PBR) level
(i.e., the maximum number of animals, not including natural
mortalities, that may be removed from the stock while allowing the
stock to reach or maintain its optimum sustainable population level) is
11,802 animals (Muto et al., 2016). Harvest of the maximum allowable
level on both St. George and St. Paul Islands (2,500 sub-adult male fur
seals; a level that the Pribilovians have not reached since 1985) would
amount to 21.2 percent of the PBR level. However, the population-level
effect of the harvest on the stock is lower than 21.2 percent of the
PBR because PBR assumes random mortality across all ages and both
sexes, and the subsistence harvest is regulated to select sub-adult
male fur seals (including male pups on St. George). Fur seal
reproduction depends disproportionately on females, so harvesting males
has much less influence on the population. Limiting the harvest of fur
seals to males that have not reached adulthood has been the basis of
sustainable harvests on the Pribilofs for over 100 years.
The mortality from the subsistence harvest is in addition to other
sources of known human-caused mortality that are described in the
annual stock assessment reports (Muto et al., 2016), including bycatch
in commercial fisheries, entanglement in derelict fishing gear and
marine debris as well as accidental death during research. The 5-year
average (2009-2013) annual estimates of the sources of known human-
caused mortality of fur seals, as identified in the 2016 stock
assessment
[[Page 22799]]
report (Muto et al., 2016), are: fisheries bycatch (average = 1.1);
entanglement (average = 12); research (average <1); and subsistence
harvests (average = 432). These sources of known human-caused mortality
of fur seals are less than 4 percent of PBR. During the past 5 years,
there have been no reports of illegal shooting by fishermen, and one
seal was killed in 2015 when it was struck by a car on St. Paul. NMFS
Office of Law Enforcement has been unable to identify suspects in cases
where illegal harvest of fur seals is suspected.
The 1985 and subsequent estimates of the number of fur seals
required to meet subsistence needs were based on pounds of meat
estimated to have been consumed by Pribilovians from the turn of the
century (50 FR 27914, July 4, 1985; 51 FR 17896, May 15, 1986). The
short seasons required by the regulations forced employers, employees,
and fishermen to choose between wage earning jobs and volunteer
participation in the subsistence harvest. Public comments on those
notices of the number of fur seals required to meet their subsistence
need suggested that NMFS should reduce the lower level of the
subsistence need because the actual harvest seldom reached the lower
level established in the early years of the subsistence regulations (51
FR 17896, May 15, 1986; 51 FR 24828, July 9, 1986; 53 FR 28886, August
1, 1998; 56 FR 25066, June 3, 1991). NMFS responded by reducing the
estimates of Pribilovians' subsistence need to its lowest level in 1990
and 1991 (1,326-2,300), and in 1991 both islands made written requests
to exceed the lower end of the range and ultimately harvested the
highest number of fur seals allowed under the subsistence regulations
(Table 1). NMFS increased the estimated subsistence need through 1997,
and the harvest has not reached the lower level established for either
island since 1993 (Table 1). The lower level may only be exceeded if
the Assistant Administrator (1) reviews the harvest data, (2)
determines that additional harvest is necessary to satisfy
Pribilovians' subsistence needs, and (3) provides a revised estimate of
the number of seals required to satisfy subsistence needs in accordance
with 50 CFR 216.72(f). Exceedance of the upper harvest level is not
authorized. The current lower harvest level of 1,945, while higher than
actual harvest levels in the past decade, provides a degree of
flexibility that allows for environmental changes and accommodates
unanticipated community needs.
The communities of St. Paul and St. George Islands rely on marine
mammals as a major food source and a cornerstone of their culture.
Several factors affect both the subsistence harvest of northern fur
seals and the number of fur seals required to meet subsistence needs.
Weather conditions and availability of subsistence resources and store-
bought foods vary annually. The availability of wage-earning jobs
affects the time available for community members to harvest fur seals
and other subsistence resources. For example, the subsistence harvest
season is concurrent with the Pacific halibut commercial fishing
season. Individual community members may choose to participate in wage-
earning jobs rather than volunteer to participate in the subsistence
harvest fur seals. In addition, some seasonal employment opportunities,
such as commercial crab fishing, may interfere with community members'
ability to harvest Steller sea lions, increasing their reliance upon
the northern fur seal as a subsistence food source.
Summary of Harvest Operations and Monitoring From 2014 to 2016
The harvests of sub-adult male fur seals from 2014 to 2016 were
conducted in the established manner and employed the standard harvest
methods required under 50 CFR 216.72. NMFS personnel, a harvest
observer contracted by NMFS, and tribal government staff monitored the
harvests during the period of 2014 through 2016. The NMFS personnel,
harvest observer, and tribal government staff communicated during and
after the harvests to further improve the efficiency of the annual
harvest, encourage full utilization of the animals taken, and reduce
stress to unharvested seals. NMFS received annual harvest reports from
the tribal governments of both islands and the harvest observers. These
reports were reviewed and verified by NMFS prior to finalization and
public distribution. Through co-management, the tribal governments on
both St. Paul and St. George Islands have taken responsibility for
ensuring the subsistence harvest of male fur seals from the age classes
authorized on the respective islands is not accomplished in a wasteful
manner, minimizes the accidental take of females, and does not result
in increased disturbance to the fur seals on rookeries. The
Pribilovians have requested more autonomy to undertake and monitor the
fur seal harvest themselves via co-management, and NMFS continues to
balance that request with the need to independently observe a portion
of the harvests on both islands each year (see 51 FR 17896; May 15,
1986, 53 FR 28886; August 1, 1988, 58 FR 42027; August 6, 1993, 79 FR
65327; November 4, 2014).
The reported fur seal subsistence harvest for St. Paul was 266
animals in 2014, 314 in 2015, and 309 in 2016 (Lestenkof et al., 2015,
Lestenkof et al., 2016, Melovidov et al., 2017). The reported total
subsistence harvest of fur seals on St. George Island in 2014, 2015,
and 2016 was 158, 118, and 83, respectively, of which the sub-adult
harvest was 104 in 2014, 61 in 2015, and 37 in 2016 (Kashevarof 2015,
Kashevarof 2016, Lekanof 2017) and the pup harvest was 54 in 2014, 57
in 2015, and 46 in 2016 (Testa 2016, IAG 2016, and IAG 2017). From 1986
to 2016, the reported number of sub-adult male fur seals harvested on
St. Paul and St. George ranged from 266-1704 and 37-319, respectively
(Table 1). The average number of male seals harvested annually during
the past decade on St. Paul was 318 (range: 262 to 383), and on St.
George was 119 (range: 63 to 206) including pups.
Table 1--Harvest Levels and Actual Subsistence Harvest Levels of Sub-Adult Male Northern Fur Seals on the
Pribilof Islands, 1986-2016
[Accidental female harvests and the pup harvest from 2014-16 are not included]
----------------------------------------------------------------------------------------------------------------
Harvest levels Actual harvest
Year ---------------------------------------------------------------
St. Paul St. George St. Paul St. George
----------------------------------------------------------------------------------------------------------------
1986............................................ 2,400-8,000 800-1,800 1,299 124
1987............................................ 1,600-2,400 533-1,800 1,704 92
1988............................................ 1,800-2,200 600-740 1,145 113
1989............................................ 1,600-1,800 533-600 1,340 181
1990............................................ 1,145-1,800 181-500 1,077 164
1991............................................ 1,145-1,800 181-500 1,644 281
[[Page 22800]]
1992............................................ 1,645-2,000 281-500 1,480 194
1993............................................ 1,645-2,000 281-500 1,518 319
1994............................................ 1,645-2,000 281-500 1,615 161
1995............................................ 1,645-2,000 281-500 1,263 259
1996............................................ 1,645-2,000 281-500 1,588 232
1997............................................ 1,645-2,000 300-500 1,153 227
1998............................................ 1,645-2,000 300-500 1,297 256
1999............................................ 1,645-2,000 300-500 1,000 193
2000............................................ 1,645-2,000 300-500 754 121
2001............................................ 1,645-2,000 300-500 595 184
2002............................................ 1,645-2,000 300-500 646 202
2003............................................ 1,645-2,000 300-500 522 132
2004............................................ 1,645-2,000 300-500 493 123
2005............................................ 1,645-2,000 300-500 466 139
2006............................................ 1,645-2,000 300-500 396 212
2007............................................ 1,645-2,000 300-500 269 206
2008............................................ 1,645-2,000 300-500 328 170
2009............................................ 1,645-2,000 300-500 341 113
2010............................................ 1,645-2,000 300-500 357 78
2011............................................ 1,645-2,000 300-500 322 120
2012............................................ 1,645-2,000 300-500 383 63
2013............................................ 1,645-2,000 300-500 298 80
2014............................................ 1,645-2,000 300-500 262 103
2015............................................ 1,645-2,000 300-500 312 61
2016............................................ 1,645-2,000 300-500 308 37
----------------------------------------------------------------------------------------------------------------
A single accidental harvest of a sub-adult female fur seal occurred
during 2014-2016 on St. George. On St. Paul harvesters accidentally
killed seven sub-adult females during 2014-2016. The average annual
accidental harvest of females is two on St. Paul and less than one on
St. George since 1986.
Under section 119 of the MMPA, NMFS signed agreements 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 described in the cooperative agreements have facilitated a
collaborative working relationship between NMFS and tribal authorities
to manage efficient harvests for food and to promote full utilization
for traditional arts, crafts, and other uses permitted under
regulations at 50 CFR 216.73 (Melovidov et al., 2017, IAG 2016, IAG
2017).
Estimate of Subsistence Need for 2017 Through 2019
For the 3-year period from 2017 through 2019, NMFS proposes no
change to the current allowable harvest ranges of 1,645-2,000 sub-adult
male fur seals for St. Paul Island and 300-500 sub-adult male fur seals
for St. George Island (including up to 150 male pups). Retaining the
allowable harvest levels at the current range provides for fur seal
conservation, flexibility that accommodates environmental changes, and
unanticipated community needs. NMFS will continue to work with the
Tribal Governments of St. Paul and St. George under section 119 of the
MMPA to ensure their subsistence needs are met in a manner that is
consistent with the sustainable use and conservation of fur seals. NMFS
seeks public comments on these proposed estimates of the annual number
of fur seals expected to satisfy the subsistence requirements of
Pribilovians from 2017 through 2019.
NMFS will continue to monitor the harvest on St. Paul and St.
George Islands during 2017, 2018, and 2019, and coordinate regular
monitoring and reporting through the agreements signed for cooperative
management of the subsistence use of fur seals.
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, which is available on the NMFS Web site (see
Reviewing Documents). A draft EIS was available for public review (69
FR 53915; September 3, 2004), and NMFS incorporated the comments into
the final EIS (May 2005). A draft Supplemental EIS (SEIS) was prepared
regarding the management of the subsistence harvest of northern fur
seals on St. George Island, made available for public review (79 FR
31110; May 30, 2014), and NMFS incorporated the public comments into
the final SEIS (79 FR 49774; August 22, 2014). A draft Supplemental EIS
(SEIS) was prepared regarding the management of the subsistence harvest
of northern fur seals on St. Paul Island, made available for public
review (82 FR 4336; January 13, 2017), and NMFS is reviewing those
public comments separate from the action considered here.
An SEIS should be prepared if (1) the agency makes substantial
changes in the proposed action that are relevant to environmental
concerns; or (2) significant new circumstances or information exist
relevant to environmental concerns and bearing on the proposed action
or its impacts (40 CFR 1502.9(c)(1)). After reviewing the information
contained in the 2005 EIS and 2014 SEIS, the Regional Administrator has
determined that (1) approval of the proposed 2017-2019 fur seal
subsistence harvest notice does not constitute a change in the action;
and (2) there are no significant new circumstances or information
relevant to environmental concerns and bearing on the proposed action
or its impacts. Additionally, the proposed 2017-2019 fur seal
subsistence harvest levels will result in environmental impacts within
[[Page 22801]]
the scope of those analyzed and disclosed in the previous EIS.
Therefore, supplemental NEPA documentation is not necessary to
implement the 2017-2019 fur seal subsistence harvest levels proposed in
this document.
Executive Order 12866 and 13563
This proposed action is authorized under 50 CFR 216.72(b) and is
not significant for the purposes of Executive Orders 12866 and 13563.
Regulatory Flexibility Act
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 fur seals on
the Pribilof Islands, Alaska, is for subsistence purposes only. This
action directly regulates the subsistence harvest of northern fur seals
by Pribilovians. 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 economic benefit for the communities of St. Paul and St. George.
The upper limit of the estimated subsistence harvest need is unlikely
to restrict the number of animals taken by subsistence users. NMFS
compared historic harvest levels on each island to the upper and lower
harvest limits. The total annual harvests on each island have never
exceeded the upper limit of the proposed subsistence need, and have
only exceeded the lower limit three times; 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 allowable subsistence
harvest levels remain unchanged since 1997.
The subsistence harvest of fur seals provides a local, affordable
source of fresh and frozen meat for the communities' consumption. Fresh
store-bought meat is not available on either St. Paul or St. George
Islands. Subsistence hunting and fishing are the primary means by which
the communities meet their dietary needs. No other fish and wildlife
species are predictably available to replace fresh fur seal meat.
Livestock meat shipped to the islands is extremely expensive,
represents a dietary alternative rather than a replacement for fur seal
meat, and is only available when air or barge service can deliver it.
In addition, marine mammals such as fur seals are the culturally-
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 that 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 proposed action would not impose adverse economic impacts on
any small entities. Because this action will not impose significant
economic impacts on any small entities, it will not impose impacts on a
substantial number of small entities. This action may 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
for the purposes of the Paperwork Reduction Act.
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 use and need 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), the
American Indian Native Policy of the U.S. Department of Commerce (March
30, 1995), the Department of Commerce's Tribal Consultation Policy
(including the Department of Commerce Administrative Order 218-8, April
26, 2012), and the NOAA Procedures for Government-to-Government
Consultation With Federally Recognized Indian Tribes and Alaska Native
Corporations (November 12, 2013) outline the responsibilities of NMFS
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 and considered their input.
Dated: May 15, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2017-10089 Filed 5-16-17; 8:45 am]
BILLING CODE 3510-22-P