[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Pages 21243-21244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9510]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XS60


Marine Mammals; Subsistence Taking of Northern Fur Seals; St. 
George

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

ACTION:  Notice; request for comments.

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SUMMARY:  NMFS announces the receipt of a petition for rulemaking under 
the Administrative Procedure Act (APA). The Pribilof Island Community 
of St. George Island, Traditional Council (Council) petitioned NMFS to 
revise regulations governing the subsistence taking of northern fur 
seals to allow residents of St. George Island to take male fur seal 
young of the year during the fall. NMFS solicits public comments on 
this request.

DATES:  Written comments must be received at the appropriate address or 
fax number by June 22, 2010.

ADDRESSES:  Information related to the request for rulemaking is 
available on the Internet at the following address: http://www.fakr.noaa.gov/protectedresources/seals/fur.htm.
    Send comments to Kaja Brix, Assistant Regional Administrator, 
Protected Resources Division, Alaska Region, NMFS, Attn: Ellen 
Sebastian. Comments may be submitted by:
     Email: [email protected]. Include in the subject line the 
following document identifier: Northern Fur Seal St. George. Email 
comments with or without attachments are limited to 5 megabytes;
     Mail: Kaja Brix, Assistant Regional Administrator, 
Protected Resources Division, Alaska Region, NMFS, P.O. Box 21668, 
Juneau, AK 99802;
     Hand Delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK; or
     Fax: 907 586 7557.
    All comments received are a part of the public record. All Personal 
Identifying Information (e.g., name, address) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Michael Williams, (907) 271-5006, 
email [email protected]; Kaja Brix, (907) 586-7235, email 
[email protected]; or Tom Eagle, (301) 713-2322, ext. 105, email 
[email protected].

[[Page 21244]]


SUPPLEMENTARY INFORMATION: The subsistence harvest of northern fur 
seals on the Pribilof Islands is governed by regulations established 
under the Fur Seal Act and MMPA in 50 CFR 216.71-74. These regulations, 
which were promulgated by an emergency final rule in 1986 (51 FR 24828, 
July 9, 1986), require NMFS to publish estimated subsistence needs 
every three years, limit the harvest to sub-adult male fur seals, 
identify specific hauling grounds from which fur seals may be taken, 
and establish a period between June 23 and August 8 of each year, 
during which fur seals may be taken for subsistence purposes. The 
Council submitted a resolution to NMFS requesting the agency change the 
regulations to allow a harvest that better meets their customary and 
traditional needs. NMFS considers this resolution together with 
subsequent reports submitted by the Council to be a formal petition for 
rulemaking under the APA.
    In its resolution, the Council noted that the community was 
initially allowed by the Federal Government to take fur seal young of 
the year in the fall for subsistence purposes. However, the harvest of 
fur seal young of the year is not included in the current regulations. 
Accordingly, the Council requested NMFS to modify its regulations to 
allow the harvest of 150 male fur seal young of the year annually to 
meet the subsistence needs for the community of St. George Island.
    Harvest reports from the Council and harvest records from the NMFS 
indicated the need to change other three provisions of the current 
subsistence harvest regulations. First, the current regulations allow 
harvest only from Northeast and Zapadni hauling grounds. The Council 
reported in their 2008 and 2009 harvest reports that sufficient numbers 
of sub-adult males for the harvest are not always available at the 
Northeast and Zapadni hauling grounds, but are likely available on 
other sub-adult male hauling grounds. NMFS harvest records corroborate 
the lack availability of sub-adult males when harvests are limited to 
two or fewer hauling grounds.
    Second, the current regulations require the harvest to stop no 
later than August 8 of each year. The Council stated that traditional 
practices included the harvest of fur seal young of the year in the 
fall. Accordingly, the Council contends, a separate fall harvest season 
is most consistent with traditional practices and subsistence needs 
identified for St. George Island.
    Third, the current regulations at 50 CFR 216.74 describe data 
collection needs and other requirements to cooperate with scientists 
that the Council feels are no longer applicable nor consistent with the 
E.O. 13175 Tribal Consultation, American Indian Native Policy of the 
U.S. Department of Commerce, or the comanagement agreement signed by 
the Council and NMFS in 2001.
    The Assistant Administrator for Fisheries, NOAA, has determined 
that the petition contains sufficient information to enable NMFS to 
consider the substance of the petition. NMFS solicits public comment on 
the Council's request to modify regulations that govern taking fur 
seals for subsistence purposes by residents of St. George. NMFS is 
particularly interested in information that would allow an evaluation 
of the effects on the fur seal population of a harvest that included 
male young of the year in the fall, a distribution of the current sub-
adult male harvest across additional hauling grounds, and a 
reevaluation of the requirements to cooperate with scientists 
interested in the subsistence harvest of northern fur seals. NMFS will 
consider public comments received in determining whether to proceed 
with the revisions of the regulations requested by the Council. Upon 
determining whether to initiate the requested rulemaking, the Assistant 
Administrator for Fisheries, NOAA, will publish in the Federal Register 
a note of the Agency's final disposition of the Council's petition 
request.

    Dated: April 19, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-9510 Filed 4-22-10; 8:45 am]
BILLING CODE 3510-22-S