[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Rules and Regulations]
[Pages 37599-37600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18103]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[I.D. 062001A]


Exemption to No-entry Zone around Bogoslof Island, Alaska

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

ACTION: Notification of authorized exemption to the no-entry zone 
around Bogoslof Island, Alaska.

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SUMMARY: Pursuant to regulations that establish protections for Steller 
sea lions, the Administrator, Alaska Region, NMFS, authorized a one-
time exemption to the 3-nautical mile (nm) no-entry zone around 
Bogoslof Island for the sole purpose of retracing, to the extent 
practicable, the 1899 Harriman Alaska Expedition. These regulations 
allow an exemption to the no-entry zone provided that the activity is 
authorized by the Administrator, Alaska Region, NMFS, and if the 
activity will not have a significant adverse affect on Steller sea 
lions, the activity has been conducted historically or traditionally in 
the buffer zone, and there is no readily available and acceptable 
alternative site for the activity.

SUPPLEMENTARY INFORMATION: On April 6, 2001, the Alaska Regional 
Office, NMFS received a letter that introduced the project, ``The 1899 
Harriman Alaska Expedition Retraced: A Century of Change'', and 
requested that NMFS allow the M/V Clipper Odyssey to visit Bogoslof 
Island, Alaska, including a landing. The original Harriman Expedition 
visited Bogoslof Island on July 8, 1899, and the current expedition is 
expected to be near Bogoslof Island in mid-August of 2001.
    The Steller sea lion population throughout western Alaska has 
declined by 80 percent during the past 3 decades, and the decline 
continues, especially for the pup, juvenile and subadult components of 
the sea lion population. Due to the continuing decline, NMFS has 
prohibited the landing on this, and other significant rookeries in the 
Bering Sea and Aleutian Islands, and prohibited the entry of any 
vessel, with exceptions, within 3 nm of the rookeries, since the 
species was listed as threatened under the Endangered Species Act in 
1990 (55 FR 12645, April 5, 1990). In 1997 the western population was 
reclassified as endangered due to the continued decline in numbers, 
especially among pups and subadults (62 FR 24345, May 5, 1997). Pup 
counts on some rookeries have declined by greater than 40 percent 
during the past decade. Steller sea lion population trends on Bogoslof 
Island are consistent with those of the rest of the sea lion's range.
    The Administrator, Alaska Region, may authorize an exemption to the 
prohibition to enter buffer zones around rookeries provided that the 
activity will not have a significant adverse affect on Steller sea 
lions, the activity has been conducted historically or traditionally in 
the buffer zone, and there is no readily available and acceptable 
alternative site for the activity (50 CFR 223.202 (b)(5)). There is no 
indication that a one-time entry into the buffer zone around Bogoslof 
Island (but not landing on the island) would have a significant adverse 
affect on Steller sea lions. Further, given that the purpose of this 
activity is to retrace an expedition that has historical significance 
to the State of Alaska, a one-time pass by the island is consistent 
with the intent of the historical aspects of the ``Harriman Expedition 
Retraced'' and does not increase the likelihood of a significant impact 
to the endangered sea lions that currently occupy the island. However, 
the expedition anticipates being in the Bogoslof Island area during the 
Steller sea lion and northern fur seal pupping season, and landing on 
the island could

[[Page 37600]]

have a significant adverse impact on successful reproduction or pup-
rearing.
    In a letter dated June 22, 2001, the Administrator, Alaska Region, 
granted an exemption to the prohibitions on entering the no-entry area 
around Bogoslof Island so the expedition may make a one-time pass 
through the no-entry zone for the sole purpose of retracing, to the 
extent practicable, the historic Harriman Expedition. Condition of this 
exemption include (1) a prohibition to land on the island, (2) the 
expedition vessel is not allowed to operate within 1 nm of any point on 
the rookery, and (3) no one is allowed to enter within 500m of any 
point on the rookery by any means, such as an inflatable vessel. All 
other provisions of 50 CFR 223.202 apply.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: July 13, 2001.
Donald R. Knowles,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 01-18103 Filed 7-18-01; 8:45 am]
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