Extension of Opening Date for Subsistence Taking of Northern Fur Seals on the Pribilof Islands; St. George Island, 29460-29461 [2018-13576]

Download as PDF 29460 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rulemaking does not apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 62 amozie on DSK3GDR082PROD with RULES Environmental protection, Air pollution control, Administrative practice and procedure, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Waste treatment and disposal. Dated: June 18, 2018. Alexandra Dunn, Regional Administrator, EPA Region 1. PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS DEPARTMENT OF COMMERCE 1. The authority citation for part 62 continues to read as follows: 50 CFR Part 216 ■ Authority: 42 U.S.C. 7401 et seq. Subpart EE—New Hampshire 2. Add an undesignated center heading and § 62.7465 to subpart EE to read as follows: ■ Air Emissions From Existing Sewage Sludge Incineration Units § 62.7465 Identification of plan— delegation of authority. (a) Letter from the New Hampshire Department of Environmental Services (NH DES), submitted November 14, 2017, requested delegation of authority from the EPA to implement and enforce the Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or before October 14, 2010 (SSI Federal Plan). The SSI Federal Plan will be administered by both the NH DES and the EPA pursuant to 40 CFR part 62 subpart LLL. (b) Identification of sources. The SSI Federal Plan applies to owners or operators of existing facilities that meet all three of the following criteria: (1) The SSI unit(s) commenced construction on or before October 14, 2010; (2) The SSI unit(s) meets the definition of an SSI unit as defined in § 62.16045; and (3) The SSI unit(s) is not exempt under § 62.15860. (c) On December 18, 2017 Mr. Robert R. Scott, Commissioner of NH DES, signed the Memorandum of Agreement (MoA) which defines the policies, responsibilities, and procedures by which the SSI Federal Plan will be administered. On December 22, 2017, Mr. Ken Moraff, as Acting Regional Administrator of EPA Region 1, signed the MoA. (d) The delegation is fully effective as of December 22, 2017. [FR Doc. 2018–13552 Filed 6–22–18; 8:45 am] BILLING CODE 6560–50–P Part 62 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: VerDate Sep<11>2014 16:14 Jun 22, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration RIN 0648–XG306 Extension of Opening Date for Subsistence Taking of Northern Fur Seals on the Pribilof Islands; St. George Island National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; extension of opening date. AGENCY: NMFS is extending the opening date of the subsistence use season of the Eastern Pacific stock of northern fur seals (Callorhinus ursinus) by opening the season on June 20, 2018, in response to a request from the Traditional Council of St. George Island, Tribal Government. The subsistence use regulations at 50 CFR 216.72(a) authorize the extension of the northern fur seal harvest earlier than the scheduled opening date of June 23. The opening of the season three days earlier is intended to provide meat for the community of St. George Island in response to the unavailability of food in the community store due to unforeseen flight cancellations and the complete consumption of fur seal meat from harvests in 2017. DATES: The opening for the sub-adult male fur seal harvest is effective at 12:01 a.m., Alaska local time, June 20, 2018, until 11:59 p.m., Alaska local time, August 8, 2018, per the regulations at 50 CFR 216.72(d)(1). FOR FURTHER INFORMATION CONTACT: Michael Williams, NMFS Alaska Region, 907–271–5117, michael.williams@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background St. George Island is a remote island located in the Bering Sea populated by Alaska Native residents who rely upon marine mammals as a major food source and cornerstone of their culture. Regulations issued under the authority of the Fur Seal Act authorize Pribilovians to take fur seals on the Pribilof Islands if such taking is for subsistence uses and not accomplished in a wasteful manner (50 CFR 216.71). The residents of St. George Island are currently authorized by regulations under the FSA Section 105 (16 U.S.C. 1155) to harvest male fur seals 124.5 E:\FR\FM\25JNR1.SGM 25JNR1 amozie on DSK3GDR082PROD with RULES Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations centimeters or less in length for subsistence use each year from June 23 to August 8. The regulation at 50 CFR 216.72(a) includes the provision that the harvests of seals on St. Paul and St. George Islands shall be treated independently for the purposes of this section. Any suspension, termination, or extension of the harvest is applicable only to the island for which it is issued. The Traditional Council of St. George Island, Tribal Government (Traditional Council) has requested that NMFS extend the opening date of the subsistence use season for sub-adult male fur seals earlier than the scheduled opening date of June 23 (50 CFR 216.72(d)(1)). The extension of the opening date is intended to respond to this emergency request. The extension will ensure additional days to conduct the subsistence harvest in order provide meat for the community of St. George Island in response to the unavailability of food in the community store due to unforeseen flight cancellations and the complete consumption of fur seal meat from harvests in 2017. NMFS has determined that the extension of the harvest to an earlier date is permissible and should be authorized. On July 31, 1992 (57 FR 33900) NMFS issued a final rule removing the option to extend the harvest past August 8, but authorized the harvest to start on June 23 rather than June 30. NMFS anticipated in the notice (57 FR 33901, July 31, 1992) that there would be no adverse impacts on the population from an earlier June harvest because subadult males dominate the harvest areas on the hauling grounds at this time of year, and few if any female seals have returned to St. George Island in June. In extending the opening date for the 2018 season, NMFS does not expect that female fur seals would be accidentally killed during the few early days of the sub-adult male harvest, and there is no evidence from prior commercial or subsistence harvests that females were accidentally taken prior to mid-July (NMFS unpublished data). The subsistence use suspension and termination provisions based on female mortality remain in effect (50 CFR 216.72(f)(1)(iv) & (g)(3)). All other regulatory controls applicable to the subsistence use of subadult males on St. George Island at 50 CFR 216.72(d)(1)–(5) still apply, including the total number of fur seals (500) that may be harvested per year on St. George Island (82 FR 39044, August 17, 2017). St. George Island. The Assistant Administrator for Fisheries, NOAA, (AA), determined that this rule is consistent with the Fur Seal Act (16 U.S.C. 1155) and regulations (50 CFR 216.71–216.74). The AA finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B). Allowing prior notice and opportunity for public comment on the extension of the opening date is unnecessary because the rule establishing the extension of the opening procedures has already been subject to notice and comment, and all that remains is to notify the public of the extension of the opening date. Additionally, allowing for prior notice and opportunity for public comment for this extension of the opening date is contrary to the public interest because it requires time, thus delaying the removal of a restriction and thereby reducing socio-economic benefits to community of St. George Island. In the absence of this action, the residents of St. George Island would be prohibited from harvesting fur seals currently necessary to subsistence uses due to unforeseen events prior to the scheduled opening of the subsistence use season. For the aforementioned reasons, it is impracticable and contrary to the public interest to delay for 30 days the effective date of this action, and, accordingly, the AA also finds good cause to waive the 30-day delay in effectiveness of this action under 5 U.S.C. 553(d)(3) and to make this action effective on the date specified herein. This action is authorized by 50 CFR 216.72(a) and is exempt from review under Executive Order 12866. Because prior notice and opportunity for public comment are waived under 5 U.S.C. 553, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601– 612, are inapplicable. Authority: 16 U.S.C. 1155(a). Dated: June 20, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018–13576 Filed 6–20–18; 4:15 pm] BILLING CODE 3510–22–P Classification This action responds to the urgent subsistence need of the Pribilovians on VerDate Sep<11>2014 16:14 Jun 22, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 29461 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 180320301–8551–02] RIN 0648–XG121 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues this rule to implement annual management measures and catch limits for the northern subpopulation of Pacific sardine, for the fishing year lasting from July 1, 2018, through June 30, 2019. This action includes a prohibition on directed commercial fishing for Pacific sardine off the U.S. West Coast, except in the live bait, tribal, or minor directed fisheries. This action is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast. DATES: Effective July 1, 2018, through June 30, 2019. FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, NMFS, (562) 980–4034, joshua.lindsay@ noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in the U.S. exclusive economic zone (EEZ) off the West Coast (California, Oregon, and Washington) in accordance with the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The FMP and its implementing regulations require NMFS to set annual catch levels for the Pacific sardine fishery based on the annual specification framework and control rules in the FMP. These control rules include the harvest guideline (HG) control rule, which, in conjunction with the overfishing limit (OFL) and acceptable biological catch (ABC) rules in the FMP, are used to manage harvest levels for Pacific sardine, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Annual specifications published in the Federal Register establish these catch limits and management measures for each Pacific sardine fishing year. The purpose of this final rule is to implement the annual catch levels and reference points for the 2018–2019 fishing year. This final rule adopts, without changes, the catch levels and SUMMARY: E:\FR\FM\25JNR1.SGM 25JNR1

Agencies

[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29460-29461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13576]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

RIN 0648-XG306


Extension of Opening Date for Subsistence Taking of Northern Fur 
Seals on the Pribilof Islands; St. George Island

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

ACTION: Temporary rule; extension of opening date.

-----------------------------------------------------------------------

SUMMARY: NMFS is extending the opening date of the subsistence use 
season of the Eastern Pacific stock of northern fur seals (Callorhinus 
ursinus) by opening the season on June 20, 2018, in response to a 
request from the Traditional Council of St. George Island, Tribal 
Government. The subsistence use regulations at 50 CFR 216.72(a) 
authorize the extension of the northern fur seal harvest earlier than 
the scheduled opening date of June 23. The opening of the season three 
days earlier is intended to provide meat for the community of St. 
George Island in response to the unavailability of food in the 
community store due to unforeseen flight cancellations and the complete 
consumption of fur seal meat from harvests in 2017.

DATES: The opening for the sub-adult male fur seal harvest is effective 
at 12:01 a.m., Alaska local time, June 20, 2018, until 11:59 p.m., 
Alaska local time, August 8, 2018, per the regulations at 50 CFR 
216.72(d)(1).

FOR FURTHER INFORMATION CONTACT: Michael Williams, NMFS Alaska Region, 
907-271-5117, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    St. George Island is a remote island located in the Bering Sea 
populated by Alaska Native residents who rely upon marine mammals as a 
major food source and cornerstone of their culture. Regulations issued 
under the authority of the Fur Seal Act authorize Pribilovians to take 
fur seals on the Pribilof Islands if such taking is for subsistence 
uses and not accomplished in a wasteful manner (50 CFR 216.71).
    The residents of St. George Island are currently authorized by 
regulations under the FSA Section 105 (16 U.S.C. 1155) to harvest male 
fur seals 124.5

[[Page 29461]]

centimeters or less in length for subsistence use each year from June 
23 to August 8. The regulation at 50 CFR 216.72(a) includes the 
provision that the harvests of seals on St. Paul and St. George Islands 
shall be treated independently for the purposes of this section. Any 
suspension, termination, or extension of the harvest is applicable only 
to the island for which it is issued. The Traditional Council of St. 
George Island, Tribal Government (Traditional Council) has requested 
that NMFS extend the opening date of the subsistence use season for 
sub-adult male fur seals earlier than the scheduled opening date of 
June 23 (50 CFR 216.72(d)(1)). The extension of the opening date is 
intended to respond to this emergency request. The extension will 
ensure additional days to conduct the subsistence harvest in order 
provide meat for the community of St. George Island in response to the 
unavailability of food in the community store due to unforeseen flight 
cancellations and the complete consumption of fur seal meat from 
harvests in 2017. NMFS has determined that the extension of the harvest 
to an earlier date is permissible and should be authorized.
    On July 31, 1992 (57 FR 33900) NMFS issued a final rule removing 
the option to extend the harvest past August 8, but authorized the 
harvest to start on June 23 rather than June 30. NMFS anticipated in 
the notice (57 FR 33901, July 31, 1992) that there would be no adverse 
impacts on the population from an earlier June harvest because sub-
adult males dominate the harvest areas on the hauling grounds at this 
time of year, and few if any female seals have returned to St. George 
Island in June. In extending the opening date for the 2018 season, NMFS 
does not expect that female fur seals would be accidentally killed 
during the few early days of the sub-adult male harvest, and there is 
no evidence from prior commercial or subsistence harvests that females 
were accidentally taken prior to mid-July (NMFS unpublished data). The 
subsistence use suspension and termination provisions based on female 
mortality remain in effect (50 CFR 216.72(f)(1)(iv) & (g)(3)).
    All other regulatory controls applicable to the subsistence use of 
sub-adult males on St. George Island at 50 CFR 216.72(d)(1)-(5) still 
apply, including the total number of fur seals (500) that may be 
harvested per year on St. George Island (82 FR 39044, August 17, 2017).

Classification

    This action responds to the urgent subsistence need of the 
Pribilovians on St. George Island. The Assistant Administrator for 
Fisheries, NOAA, (AA), determined that this rule is consistent with the 
Fur Seal Act (16 U.S.C. 1155) and regulations (50 CFR 216.71-216.74). 
The AA finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B). Allowing prior notice and opportunity for 
public comment on the extension of the opening date is unnecessary 
because the rule establishing the extension of the opening procedures 
has already been subject to notice and comment, and all that remains is 
to notify the public of the extension of the opening date. 
Additionally, allowing for prior notice and opportunity for public 
comment for this extension of the opening date is contrary to the 
public interest because it requires time, thus delaying the removal of 
a restriction and thereby reducing socio-economic benefits to community 
of St. George Island. In the absence of this action, the residents of 
St. George Island would be prohibited from harvesting fur seals 
currently necessary to subsistence uses due to unforeseen events prior 
to the scheduled opening of the subsistence use season. For the 
aforementioned reasons, it is impracticable and contrary to the public 
interest to delay for 30 days the effective date of this action, and, 
accordingly, the AA also finds good cause to waive the 30-day delay in 
effectiveness of this action under 5 U.S.C. 553(d)(3) and to make this 
action effective on the date specified herein. This action is 
authorized by 50 CFR 216.72(a) and is exempt from review under 
Executive Order 12866. Because prior notice and opportunity for public 
comment are waived under 5 U.S.C. 553, the analytical requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 601-612, are inapplicable.

    Authority: 16 U.S.C. 1155(a).

    Dated: June 20, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-13576 Filed 6-20-18; 4:15 pm]
 BILLING CODE 3510-22-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.