[Federal Register Volume 59, Number 92 (Friday, May 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11615]


[[Page Unknown]]

[Federal Register: May 13, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 215

[Docket No. 940414-4114; I.D. 032494B]

 

Marine Mammals; Subsistence Taking of Northern Fur Seals

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

ACTION: Proposed rule and subsistence harvest estimates for the 
Pribilof Islands.

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SUMMARY: NMFS is required to publish an estimate of the number of seals 
expected to be harvested in the current year to meet the subsistence 
needs of the Aleut residents of the Pribilof Islands, AK, pursuant to 
the regulations governing the subsistence taking of northern fur seals. 
The purpose of these regulations is to limit the take of fur seals to a 
level providing for the subsistence needs of the Pribilof residents and 
to restrict taking by sex, age, and season for herd management 
purposes. This notice estimates the number of seals to be taken in 
1994. This notice also proposes to amend existing fur seal regulations, 
making the harvest take estimates applicable for 3 years instead of 1 
year. This proposed amendment is based on the fact that a relatively 
consistent number of fur seals has been harvested each year since 1989, 
and that NMFS does not expect subsistence needs to increase such that 
takes for subsistence purposes will exceed the established upper limit 
of the subsistence harvest estimate range first established for the 
1992 harvest.

DATES: Written comments must be received by June 13, 1994.

ADDRESSES: Comments should be addressed to Dr. William W. Fox, Jr., 
Director, Office of Protected Resources, (F/PR), 1335 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Steve Zimmerman, (907) 586-7235, or 
Margot Bohan, (301) 713-2322.

SUPPLEMENTARY INFORMATION:

Background

    The subsistence harvest of northern fur seals, Callorhinus ursinus, 
on the Pribilof Islands, AK, is governed by regulations found in 50 CFR 
part 215, subpart D--Taking for Subsistence Purposes. The purpose of 
these regulations, published under the authority of the Fur Seal Act 
(FSA), 16 U.S.C. 1151 et seq., and the Marine Mammal Protection Act 
(MMPA), 16 U.S.C. 1361 et seq., is to limit the take of fur seals to a 
level providing for the subsistence needs of the Pribilof residents and 
to restrict taking by sex, age, and season for herd management 
purposes. To minimize negative effects on the Pribilof Islands fur seal 
population, the harvest has been limited to a 47-day season (June 23-
August 8) and is restricted to only subadult male fur seals.
    Pursuant to the regulations governing the taking of fur seals for 
subsistence purposes, NMFS must publish a summary of the previous 
year's fur seal harvest (1993 harvest results were published on 
November 1, 1993 (58 FR 59297)), and a projection of the number of 
seals expected to be taken in the current year to meet the subsistence 
needs of the Aleut residents of the Pribilof Islands, AK.
    The projected estimates are given as a range, the lower end of 
which may be exceeded if NMFS is given notice, and the Assistant 
Administrator for Fisheries, NOAA (AA), determines that the annual 
subsistence needs of the Pribilof Aleuts have not been satisfied (50 
CFR 215.32(e)(3)). Conversely, the harvest can be terminated before the 
lower end of the range is reached if it is determined that the annual 
subsistence needs of the Pribilof residents have been met or the 
harvest has been conducted in a wasteful manner.

Subsistence Estimates and Trends

    The number of northern fur seals harvested on St. Paul Island since 
1986 has ranged from 1,077 (1990) to 1,710 (1987) (Table 1). The annual 
subsistence takes on St. George Island since 1986 have ranged from 92 
(1987) to 319 (1993) seals (Table 1). Within the past 3 years, however, 
the number of fur seals harvested annually has been relatively 
consistent. Since 1991, the average number of seals harvested each year 
on St. Paul and St. George Islands has been 1,548 (range: 1,482-1,645) 
and 265 (range: 194-319), respectively (Table 1). Furthermore, the 
actual number of animals harvested has never reached the upper end of 
the estimated range. In 1992, for example, only 194 of the 365 fur 
seals originally estimated for subsistence need during that year were 
taken on St. George Island. In 1993, only 319 of the 407 seals 
requested were taken to meet the subsistence needs of St. George 
residents. 

        Table 1.-- Subsistence Harvest Levels for Northern Fur Seals on the Pribilof Islands, 1985-1993         
----------------------------------------------------------------------------------------------------------------
                                                            Subsistence estimates        Actual harvest levels  
                        Year                         -----------------------------------------------------------
                                                          St. Paul        St. George     St. Paul    St. George 
----------------------------------------------------------------------------------------------------------------
1985................................................  ................  ..............        3,384          329
1986................................................       2,400-8,000       800-1,800        1,299          124
1987................................................       1,600-2,400       533-1,800        1,710           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        1,645          281
1992................................................       1,645-2,000         281-500        1,482          194
1993................................................       1,645-2,000         281-500        1,518         319 
----------------------------------------------------------------------------------------------------------------

Estimate of Subsistence Need for 1994

    NMFS has used the previous year's harvest levels as a baseline to 
estimate need in the current year. Household surveys have also been 
conducted by the tribal government on each island since 1992 to 
estimate, in part, the number of seals required to meet the subsistence 
needs of the Pribilof Islands residents (57 FR 22450, May 25, 1992, and 
58 FR 32892, June 14, 1993). However, not all households can be 
assessed during a survey. Therefore, results of these surveys provide 
an index of need rather than an absolute estimate.
    NMFS requested that the tribal government on each island determine 
the number of fur seals that each household would need for the coming 
year on January 13, 1994. This year's results were consistent with past 
subsistence harvest survey requests and take records. Therefore, NMFS 
proposes that the same estimate ranges be established for 1994 as were 
established for 1992 and 1993: 281-500 fur seals for St. George Island 
and 1,645 to 2,000 for St. Paul Island. NMFS' biologists will continue 
to monitor the entire harvest on St. George and St. Paul Islands to 
ensure that the harvest is carried out in a manner that fully complies 
with the regulations specified at 50 CFR 215.32.
    As described earlier in this notice, if the Aleut residents of 
either island reach the lower end of this yearly harvest estimate and 
have unmet subsistence needs and no indication of waste, they may 
request an additional number of seals up to the upper limit of the 
respective harvest estimates. The residents of St. George Island and 
St. Paul Island may substantiate any additional need for seals by 
submitting in writing the information upon which they base their 
decision that subsistence needs are unfulfilled. The regulations at 50 
CFR 215.32(e)(1)(iii) require a suspension of the fur seal harvest for 
up to 48 hours once the lower end of the estimated harvest levels is 
reached. The suspension is to last no more than 48 hours, followed 
either by a finding that the subsistence needs have been met or by a 
revised estimate of the number of seals necessary to satisfy the 
Aleuts' subsistence needs.

Proposed Modification to Fur Seal Regulations

    In a notice published on August 1, 1991, NMFS acknowledged the need 
to develop other methods to monitor the subsistence harvest conducted 
on the Pribilof Islands (56 FR 36735). In a workshop conducted by NMFS 
on November 5, 1991, NMFS recognized the need to reevaluate the 
regulatory issues regarding subsistence, to determine whether changes 
in the fur seal harvest from a commercial endeavor to one for 
subsistence may have warranted a revision of the current management 
regime.
    As a first step towards addressing these concerns, NMFS proposes an 
amendment to Sec. 215.32 of the FSA regulations, allowing subsistence 
take estimates to be applicable for a 3-year period, beginning in 1994. 
During this 3-year period, NMFS will examine the current subsistence 
harvest management regime. The proposed amendment is based on the fact 
that the actual number of fur seals harvested each year since 1989 has 
been relatively consistent (Table 1), and the fur seal take has never 
exceeded the upper limit of the estimated range for subsistence need 
within any year of the harvest. Due to recent commercial development in 
the Pribilof Islands, NMFS anticipates that the subsistence needs will 
increase during the next 3 years, but, based on historical evidence to 
date, the annual subsistence needs are not expected to increase to 
levels exceeding the range established in the 1993 final estimate.

Classification

    NMFS has determined that the approval and implementation of this 
proposed rule will not significantly affect the human environment, and 
that preparation of an Environmental Impact Statement on this is not 
required by section 102(2) of the National Environmental Policy Act or 
its implementing regulations. This rule makes only minor changes to the 
regulations governing the taking of fur seals for subsistence purposes; 
this action does not entail significant substantive revision. Because 
this rule does not alter the conclusions of previous environmental 
impact analyses and environmental assessments, it is categorically 
excluded by NOAA Administrative Order 216-6 from the requirement to 
prepare an environmental assessment.
    This proposed rule has been determined to be not significant 
pursuant to E.O. 12866.
    The General Counsel, Department of Commerce, certified to the Chief 
Counsel for Advocacy of the Small Business Administration that this 
proposed rule, if adopted, will not have a significant economic impact 
on a substantial number of small entities. The only impact will be on 
individual native Alaskan residents of the Pribilof Islands due to 
revision of the schedule for estimating fur seal harvest levels from an 
annual estimate to an estimate applicable to a 3-year period. 
Therefore, a regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 215

    Administrative practice and procedure, Marine mammals, Penalties, 
Pribilof Islands, Reporting and recordkeeping requirements.

    Dated: May 9, 1994.
Charles Karnella,
Acting Program Management Officer.

    For the reasons set out in the preamble, 50 CFR part 215, subpart 
D, is proposed to be amended as follows:

PART 215--PRIBILOF ISLANDS

    1. The authority citation for part 215 continues to read as 
follows:

    Authority: 16 U.S.C. 1151-1175, 16 U.S.C. 1361-1384.

    2. Section 215.32 is amended by revising paragraph (b) to read as 
follows:


Sec. 215.32  Restrictions on taking.

* * * * *
    (b) By April 1 of every third year, beginning April 1994, the 
Assistant Administrator will publish in the Federal Register a summary 
of the preceding 3 years of harvesting and a discussion of the number 
of seals expected to be taken annually over the next three years to 
satisfy the subsistence requirements of each island. This discussion 
will include an assessment of factors and conditions on St. Paul and 
St. George Islands that influence the need by Pribilof Aleuts to take 
seals for subsistence uses and an assessment of any changes to those 
conditions indicating that the number of seals that may be taken for 
subsistence each year should be made higher or lower. Following a 30-
day public comment period, a final notification of the expected annual 
harvest levels for the next 3 years will be published.
* * * * *
[FR Doc. 94-11615 Filed 5-12-94; 8:45 am]
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