[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Rules and Regulations]
[Pages 49616-49617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19584]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 080310408-81008-02]
RIN 0648-AW55


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 estimates of annual fur seal subsistence needs.

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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 2005 to 2007, and the annual estimates for the fur seal 
subsistence needs for 2008 through 2010. NMFS estimates the annual 
subsistence needs are 1,645-2,000 seals on St. Paul and 300-500 seals 
on St. George.

DATES: Effective September 22, 2008.

FOR FURTHER INFORMATION CONTACT: Michael Williams, (907) 271-5117, 
email [email protected]; Kaja Brix, (907) 586-7824, email 
[email protected]; or Tom Eagle, (301) 713-2322, ext. 105, email 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    A Final Environmental Impact Statement 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 on the Pribilof Islands, AK, 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 June 3, 2008 (73 FR 31666), NMFS published the summary of the 
2005-2007 fur seal harvests and provided a 30-day comment period on 
proposed estimates of subsistence needs for 2008-2010. One comment 
letter was received on the proposed estimates. The letter identified 
one substantive point: The northern fur seal harvest is unnecessary. 
NMFS responds that the harvest of northern fur seals meets the dietary 
and cultural needs of the Pribilof Island Alaska Native residents 
(Pribilovians). The harvest is authorized by the Fur Seal Act and the 
Marine Mammal Protection Act and continues a tradition as reported in 
numerous government documents dating back to the late 1800s. NMFS 
estimates the annual subsistence needs are 1,645-2,000 juvenile male 
fur seals on St. Paul and 300-500 juvenile male fur seals on St. 
George. Background information related to these estimates was included 
in the proposed harvest estimates published in the Federal Register on 
June 3, 2008.

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 Chief Counsel for Regulation, 
Department of 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, AK, is for subsistence purposes only, the 
estimate of subsistence need would not have an economic effect on any 
small entities.

[[Page 49617]]

Therefore, a regulatory flexibility analysis was not prepared.

Paperwork Reduction Act

    This action does not require the collection of information.

Executive Order 13132

    This action does not contain policies with federalism implications 
under E.O. 13132.

Executive Order 12898, Section 4-4, Subsistence Consumption of Fish and 
Wildlife.

    Section 4-4, Executive Order 12898, requires Federal agencies to 
protect populations who consume fish and wildlife as part of their 
subsistence lifestyle, and to communicate to the public the potential 
health risks [from contaminants] involved as a result of eating fish 
and wildlife. NMFS has monitored and evaluated contaminant loads in 
northern fur seals in Alaska for nearly a decade and has reported this 
information to the Alaska Department of Health and Social Service, and 
to Alaska Native communities, as this information becomes available.

Executive Order 13175

    Executive Order 13175 of November 6, 2000 (25 U.S.C. 450 Note), the 
executive Memorandum of April 29, 1994 (25 U.S.C. 450 note), and the 
American Indian Native Policy of the U.S. Department of Commerce (March 
30, 1995) outline the responsibilities of the National Marine Fisheries 
Service in matters affecting tribal interests. Section 161 of Public 
Law 108-100 (188 Stat. 452) as amended by section 518 of Public Law 
108-447 (118 Stat. 3267), extends the consultation requirements of E.O. 
13175 to Alaska Native corporations. NMFS has contacted the tribal 
governments of St. Paul and St. George Islands and their respective 
local Native corporations (Tanadgusix and Tanaq) about setting the next 
three years harvest estimates and received their input. NMFS signed 
cooperative agreements with the tribal governments of St. Paul Island 
in 2000 and with St. George Island in 2001 pursuant to section 119 of 
the MMPA.

    Dated: August 18, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-19584 Filed 8-21-08; 8:45 am]
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