[Federal Register Volume 71, Number 32 (Thursday, February 16, 2006)]
[Rules and Regulations]
[Pages 8222-8223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1434]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 050623166-6027-02; I.D. 061505B]
RIN 0648-AT49


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 fur seal harvest estimates.

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SUMMARY: Pursuant to the regulations governing the subsistence taking 
of northern fur seals, NMFS is publishing the annual fur seal 
subsistence harvests on St. George and St. Paul Islands (the Pribilof 
Islands) for 2002 to 2004, and the annual estimates for the fur seal 
subsistence needs from 2005 through 2007. NMFS estimates the annual 
subsistence needs are 1,645-2000 seals on St. Paul and 300-500 seals on 
St. George.

DATES: Effective March 20, 2006.

FOR FURTHER INFORMATION CONTACT: Michael Williams, (907) 271-5006, e-
mail [email protected]; Kaja Brix, (907) 586-7824, e-mail 
[email protected]; or Tom Eagle, (301) 713-2322, ext. 105, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: Electronic Access
    A Final Environmental Impact Statement (EIS) is available on the 
Internet at the following address: http://www.fakr.noaa.gov/protectedresources/seals/fur.htm.
    The subsistence harvest from the depleted stock of northern fur 
seals, Callorhinus ursinus, on the Pribilof Islands, Alaska, is 
governed by regulations found in 50 CFR part 216, subpart F, Taking for 
Subsistence Purposes. The regulations require NMFS to publish every 3 
years a summary of the harvest in the preceding 3 years and a 
discussion of the number of fur seals expected to be taken over the 
next 3 years to satisfy the subsistence requirements of residents of 
the Pribilof Islands (St. Paul and St. George). After a 30-day comment 
period, NMFS must publish a final notification of the expected annual 
harvest levels for the next 3 years.
    On July 18, 2005 (70 FR 41187), NMFS published the summary of the 
2002-2004 fur seal harvests and provided a 30-day comment period on 
proposed estimates of subsistence needs for 2005-2007. One comment 
letter was received on the proposed estimates. The letter identified 
two substantive points:
    1. There are too many northern fur seals killed to eat, and
    2. The season is too long.
    The numbers of seals killed has been established through long-term 
needs analysis and monitoring. The established levels have been in 
place since 1997, and measures have been implemented to insure full use 
of each animal. Frequently the harvest is ended before the limits are 
reached, demonstrating good stewardship of the resource. The length of 
the season is based on avoiding the accidental harvest of females. 
Young females are difficult to distinguish from young males and studies 
have shown in late August the sexes are intermixed, whereas earlier in 
the summer they are not. The actual harvest frequently does not take 
the number of animals in the harvest estimates, thereby showing the 
length of harvest season does not contribute to an overharvest of 
animals. Final expected annual harvest levels for 2005 through 2007 are 
up to 1,645-2000 seals on St. Paul Island and up to 300-500 seals on 
St. George Island. Background information related to these estimates 
was included in the proposed harvest estimates.

Classification

National Environmental Policy Act

    NMFS prepared an EIS evaluating the impacts on the human 
environment of the subsistence harvest on northern fur seals. The final 
EIS is available on the Internet (see Electronic Access).

Executive Order 12866 and Regulatory Flexibility Act

    This action has been determined to be not significant under 
Executive Order (E.O.) 12866. The actions are not likely to result in 
(1) An annual effect on the economy of $100 million or more; (2) a 
major increase in costs or prices for consumers, individual industries, 
Federal, state, or local government agencies, or geographic regions; 
(3) a significant adverse effect on competition, employment, 
investment, productivity, innovation, or on the ability of U.S.-based 
enterprises to compete with foreign-based enterprises in domestic or 
export markets; or (4) novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in this Executive Order. The Chief Counsel for Regulation, Department 
of

[[Page 8223]]

Commerce, certified to the Chief Counsel for Advocacy of the Small 
Business Administration at the proposed rule stage that this action 
would not have a significant economic impact on a substantial number of 
small entities. Because the harvest of northern fur seals on the 
Pribilof Islands, Alaska, is for subsistence purposes only, the 
estimate of subsistence need would not have an economic effect on any 
small entities. Therefore, a regulatory flexibility analysis was not 
prepared.

Paperwork Reduction Act

    This action does not require the collection of information.

Executive Order 13132 - Federalism

    This 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 needs were prepared by the local governments in St. Paul 
and St. George, with assistance from NMFS officials.

Executive Order 13175-Consultation and Coordination with Indian Tribal 
Governments

    E.O. 13175 requires that if NMFS issues a regulation that 
significantly or uniquely affects the communities of Indian tribal 
governments and imposes substantial direct compliance costs on those 
communities, NMFS must consult with those governments, or the Federal 
government must provide the funds necessary to pay the direct 
compliance costs incurred by the tribal governments. This action does 
not impose substantial direct compliance costs on the communities of 
Indian tribal governments. Nonetheless, NMFS took several steps to work 
with affected tribal governments to prepare and implement the action. 
These steps included discussions on subsistence needs and mechanisms to 
ensure that the harvest is conducted in a non-wasteful manner. NMFS 
signed cooperative agreements with St. Paul in 2000 and with St. George 
in 2001 pursuant to section 119 of the MMPA.

    Dated: February 10, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 06-1434 Filed 2-15-06; 8:45 am]
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