[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Rules and Regulations]
[Pages 33374-33375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16008]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 970326068-7132-02; I.D. 031197A]
RIN 0648-AJ86


Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest 
Estimates.

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

ACTION: Final rule.

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SUMMARY: Pursuant to regulations governing northern fur seal 
subsistence taking on the Pribilof Islands, and following a 30-day 
public comment period on the proposed subsistence need estimates of the 
Pribilof Aleuts, NMFS is publishing this final rule establishing annual 
northern fur seal harvest range levels for 1997-1999.

DATES: Effective June 19, 1997 and applies to the harvest beginning 
June 23, 1997.

ADDRESSES: Hilda Diaz-Soltero, Acting Director, Office of Protected 
Resources (F/PR), 1315 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 northern fur seal (Callorhinus ursinus) population is 
considered depleted under the Marine Mammal Protection Act (MMPA) (50 
CFR 216.15(c)). The subsistence harvest of northern fur seals on the 
Pribilof Islands, Alaska, is governed by regulations found in 50 CFR 
part 216 subpart F--Taking for Subsistence Purposes. These regulations 
were published under the authority of the Fur Seal Act, 15 U.S.C. 1151 
et seq., and the MMPA, 16 U.S.C. 1361 et seq. (see 51 FR 24828, July 9, 
1986). The purpose of these regulations is to limit the take of fur 
seals to a level providing for the subsistence needs of the Pribilof 
Aleuts, while using humane harvesting methods and restricting taking by 
sex, age, and season for herd management purposes.

Subsistence Harvest Estimates for 1997 through 1999

    NMFS published a notice and request for public comment (62 FR 
17774, April 11, 1997) proposing a range of subsistence need estimates 
on the Pribilof Islands for 1997-99, based on the results of the 1994-
96 harvests and responses from the tribal governments on St. Paul and 
St. George Islands. NMFS proposed that the harvest estimate for 
northern fur seals on St. Paul Island for each year, 1997-99, remain 
the same as that in 1994 through 1996 (1,645 to 2,000).
    For St. George Island, NMFS proposed that the lower bound of the 
estimate of subsistence need for each year, 1997-99, increase from 281 
to 300 seals and that the upper bound remain at 500 seals. NMFS based 
this change in the estimate on the continuing decline of the island's 
economy, which has resulted in an increased rate of unemployment and, 
thus, a greater reliance on subsistence harvesting of food resources to 
meet the natives' needs.
    As no comments were received in response to the notice proposing 
the upcoming years' estimates of subsistence need, NMFS is publishing 
this final rule that establishes the annual harvest ranges for the 
years 1997-1999, as follows: St. Paul Island: 1,645-2,000; St. George 
Island: 300-500.
    If the Aleut residents of St. Paul or St. George Island reach the 
lower limit of their range during the harvest, and still have unmet 
subsistence needs, they may request an additional number of seals, up 
to the upper bound of their respective ranges. Conversely, the harvest 
can be terminated before the lower limit of the range is reached if it 
is determined that the subsistence needs of the Pribilof Aleuts have 
been met or the harvest has been conducted in a wasteful manner. The 
Aleut residents of St. Paul and St. George Islands may harvest up to 
the lower bound of the applicable range between June 23 and August 8 of 
each year, 1997-99. If, at any time during the harvest, the lower 
estimate of subsistence need for an island is reached, the harvest must 
be suspended for no longer than 48 hours, pursuant to 50 CFR 
215.32(e)(1)(iii), pending a review of the harvest data to determine if 
the subsistence needs of the island residents have been met. At such 
time, the Pribilof Aleuts may submit information to NMFS indicating 
that subsistence needs (for either island) have not been met. If the 
Pribilof Aleuts substantiate an additional need for seals, and there 
has been no indication of waste, NMFS will provide a revised estimate 
of the number of seals required for subsistence purposes. If additional 
information is not submitted by the Pribilof Aleuts, NMFS will consider 
only the information in the record at the time of the suspension.

Classification

    NMFS has determined that the approval and implementation of this 
document will not significantly affect the human environment and that 
preparation of an Environmental Impact Statement is not required by 
section 102(2) of the National Environmental Policy Act. This rule 
makes no changes to the regulations governing the taking of fur seals 
for subsistence purposes. Because this rule does not alter the 
conclusions of previous environmental impact analyses and environmental 
assessments (EA), it is categorically excluded by NOAA Administrative

[[Page 33375]]

Order 216-6 from the requirement to prepare an EA.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The General Counsel, Department of Commerce, certified to the Chief 
Counsel for Advocacy of the Small Business Administration that this 
rule, if adopted, would not have a significant economic impact on a 
substantial number of small entities. The reasons were published with 
the proposed rule and harvest estimates (see 62 FR 17774, April 11, 
1997). As no comments were received on the certification, the basis for 
it has not changed. Therefore, a regulatory flexibility analysis was 
not prepared.

    Dated: June 12, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-16008 Filed 6-18-97; 8:45 am]
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