[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Proposed Rules]
[Pages 45499-45503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19255]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 110718394-1392-01]
RIN 0648-BB09


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

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

ACTION: Notice of Availability; Request for Comments.

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SUMMARY: Pursuant to the regulations governing the subsistence taking 
of northern fur seals, this document summarizes the annual fur seal 
subsistence harvests on St. George and St. Paul Islands (the Pribilof 
Islands) for 2008 to 2010 and proposes annual estimates of fur seal 
subsistence needs for 2011 through 2013 on the Pribilof Islands, 
Alaska. NMFS solicits public comments on the proposed estimates.

DATES: Written comments must be received at the address or fax number 
by August 29, 2011.

ADDRESSES: Send comments to Kaja Brix, Assistant Regional 
Administrator, Protected Resource Division, Alaska Region, NMFS, Attn: 
Ellen Sebastian. You may submit comments, identified by ``RIN 0648-
BB09'' by any of the following methods:
    Electronic Submissions: Submit all electronic public comments via 
the Federal eRulemaking Portal: http://www.regulations.gov;
    Mail: Kaja Brix, Assistant Regional Administrator, Protected 
Resource 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;
    Fax: 907-586-7557, Attention: Ellen Sebastian.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. Do not submit Confidential Business Information or otherwise 
sensitive or protected information. NMFS will accept anonymous 
comments. Attachments to electronic comments must be in Microsoft Word, 
Excel, WordPerfect, or Adobe portable document file (pdf) file formats 
to be accepted.

[[Page 45500]]


FOR FURTHER INFORMATION CONTACT: Michael Williams, (907) 271-5006, e-
mail [email protected]; Kaja Brix, (907) 586-7835, e-mail 
[email protected]; or Shannon Bettridge, (301) 427-8402, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    An Environmental Impact Statement is available on the Internet at 
the following address: http://alaskafisheries.noaa.gov/protectedresources/seals/fur/eis/final0505.pdf.

Background

    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. The 
purpose of these regulations, published under the authority of the Fur 
Seal Act (FSA), 16 U.S.C. 1151, et seq., and the Marine Mammal 
Protection Act (MMPA), 16 U.S.C. 1361, et seq., is to limit the take of 
fur seals to a level providing for the subsistence needs of the 
Pribilof residents, while restricting taking by sex, age, and season 
for herd conservation. To further minimize negative effects on the 
Pribilof Islands' fur seal population, the harvest has been limited to 
a 47-day season (June 23 to August 8).
    Pursuant to the regulations governing the taking of fur seals for 
subsistence purposes, NMFS must publish a summary of the fur seal 
harvest for the previous three-year period and an estimate of the 
number of seals expected to be taken in the subsequent three-year 
period to meet the subsistence needs of the Aleut residents of the 
Pribilof Islands. Beginning in 2000, the ranges of estimated annual 
northern fur seal subsistence harvests have been discussed with each 
tribal government as part of the co-management relationship and 
agreement. Accurately predicting the annual subsistence needs of the 
Pribilof communities has been one of practical and social difficulties; 
the process to develop estimates of the number of fur seals required to 
meet subsistence needs has resulted in acceptance of the different 
ranges since those first established in 1986. The current upper harvest 
take limit of 2,500 juvenile male fur seals has been accepted every 
year since 1997. The lower harvest take limit of 1,945 provides a 
degree of flexibility the communities feel comfortable with regarding 
changes and unanticipated needs within the community and the 
environment.
    There are several factors and conditions that affect both the 
subsistence harvest of northern fur seals and the number of fur seals 
required to meet subsistence needs. The variability of the harvest 
occurs for many reasons. Weather conditions and availability of animals 
varies annually. The availability of wage earning jobs reduces the time 
available for community members to harvest fur seals and hunt other 
subsistence resources. Thus, individual community members may be 
unavailable to harvest fur seals during the season in certain years or 
have more financial resources to hunt other marine mammals in 
subsequent years or seasons. Several specific seasonal employment 
opportunities may interfere with community members' ability to harvest 
fur seals under the current regulations. The current timing of the 
northern fur seal subsistence harvest season overlaps with the local 
halibut fishing season, and many of the community members who 
participate in the harvest are also fishermen. In addition, crab 
fishery rationalization and a renewal of the crab harvest in the 
Pribilof region has provided local job opportunities that may extend 
into the spring hunting season for Steller sea lions. The level of 
Steller sea lion hunting success in the spring influences the need to 
take fur seals during the subsequent summer northern fur seal 
subsistence harvest season. Thus both Steller sea lions and northern 
fur seals combine to meet the subsistence needs of the local 
communities, with northern fur seals providing the more reliable 
resource of the two species, despite being available only during a 6-
week harvest season.
    The communities of St. Paul and St. George Islands rely on marine 
mammals as a major food source and a cornerstone of their culture. The 
harvest of juvenile male northern fur seals has occurred for well over 
two hundred years and the biological implications of this harvest are 
reasonably well understood. Subsistence harvests under the current 
regulations are a small fraction of the commercial harvests that 
occurred during the past hundred years.

Summary of Harvest Operations and Monitoring 2008 to 2010

    The annual harvests were conducted in the established manner and 
employed the standard methods required under regulations at 50 CFR 
216.72. NMFS personnel, a contract veterinarian, and tribal government 
staff monitored the harvest and communicated to further improve the 
efficiency of the annual harvest and full utilization of the animals 
taken. Annual northern fur seal harvest reports are received from the 
Tribal governments of both islands and from a contract veterinarian for 
St. Paul.
    The reported annual male northern fur seal subsistence harvests for 
St. Paul for the years 2008, 2009 and 2010 were 328, 341, and 357, 
respectively (Zavadil 2008; Zavadil 2009; Zavadil et al. 2010), and for 
St. George for the years 2008, 2009 and 2010 were 170, 113, and 78, 
respectively (Lekanof 2008, Lekanof 2009; Merculief 2010). The number 
of male northern fur seals harvested on St. Paul Island from 1986 to 
2010 ranged from 269 to 1704, and the number harvested on St. George 
Island from 1986 to 2010 ranged from 78 to 319 seals. The average 
number of male seals harvested during the past ten years on St. Paul 
and St. George Islands, respectively, has been 441 seals (range: 269 to 
646) and 156 seals (range: 78 to 212) (Table 1).
    The annual upper harvest take level is 2,500 juvenile male fur 
seals to satisfy the subsistence requirements for both St. Paul and St. 
George. The current abundance estimate is about 676,416 fur seals, and 
the potential biological removal (PBR) level is estimated at about 
14,543 animals. The upper harvest take level is significantly lower 
than the PBR level, and the actual harvest has not reached the lower 
take level of 1,945 in the past decade. The fur seal stock is 
designated as depleted and has been declining recently in the Pribilof 
Islands. The mortality from the subsistence harvest is in addition to 
other sources of known human-caused mortality, which are described in 
the annual stock assessment, and include such things as bycatch in 
commercial fisheries, entanglement in derelict fishing gear, illegal 
shooting and accidental death during research. The estimates of all 
sources of known human-caused mortality do not reach PBR.
    The accidental harvest of young female fur seals has occurred 
intermittently during the male harvest. The regulations call for 
termination of the annual harvest on August 8 to reduce the probability 
of the accidental killing of females to the lowest level practicable. 
Thirty-two females on St. Paul and four females on St. George have been 
accidentally killed since 1987. The average accidental killing of 
females on St. Paul and St. George Islands during the last 10 years is 
two and less than one, respectively.
    Under section 119 of the Marine Mammal Protection Act, cooperative 
agreements were signed with St. Paul in

[[Page 45501]]

2000 and with St. George in 2001 for the cooperative management of 
subsistence uses of northern fur seals and Steller sea lions. The 
processes defined in the cooperative agreements have facilitated a more 
collaborative working relationship between NMFS and Tribal authorities. 
This has led to more coordinated efforts by the Tribal governments of 
both islands to promote full utilization of inedible seal parts for 
traditional arts, crafts, and other uses permitted under regulations at 
50 CFR 216.73. The result has been an expanded use of these materials 
by the Aleut residents.
[GRAPHIC] [TIFF OMITTED] TP29JY11.007

Estimate of Subsistence Need for the Period 2011 to 2013

    The projected subsistence harvest estimates are given as a range, 
the lower end of which may be exceeded if NMFS is given notice and the 
Assistant Administrator for Fisheries, NOAA, determines that the annual 
subsistence needs of the Pribilof Aleuts have not been satisfied. 
Conversely, the harvest can be terminated before the lower end of the 
range is reached if the annual subsistence needs of the Pribilof 
residents are determined to have been met or the harvest has been 
conducted in a wasteful manner.
    For the 3-year period, 2011 to 2013, NMFS proposes no change to the 
past and current ranges of 1,645-2,000 juvenile male fur seals for St. 
Paul Island and 300-500 juvenile male fur seals for St. George Island. 
Retaining these levels will provide adequate flexibility and enable 
adaptive management of the subsistence harvest through the co-
management process within the regulations. NMFS seeks public comments 
on these proposed estimates.
    As described earlier in this document, if the Aleut residents of 
either island reach the lower end of this annual harvest estimate and 
have unmet subsistence needs and no indication of waste, they may 
request an additional number of seals to be harvested prior to August 8 
up to the upper limit of the respective harvest take level. The 
residents of St. George and St. Paul Islands may substantiate any 
additional need for seals by submitting in writing the information upon 
which they base their decision that subsistence needs are unfulfilled. 
The regulations at 50 CFR

[[Page 45502]]

216.72(e)(1) and (3) require a suspension of the fur seal harvest for 
up to 48 hours once the lower end of the estimated harvest level is 
reached. The suspension is to last no more than 48 hours, followed 
either by a finding that the subsistence needs have been met or by a 
revised estimate of the number of seals necessary to satisfy the 
Aleuts' subsistence needs.
    The harvest of fur seals is anticipated to be non-wasteful and in 
compliance with the regulations specified at 50 CFR 216.72 which detail 
the restrictions and harvest methods. NMFS will continue to monitor the 
harvest on St. Paul Island and St. George Islands during 2011, 2012, 
and 2013.

Classification

National Environmental Policy Act

    NMFS prepared an Environmental Impact Statement (EIS) evaluating 
the impacts on the human environment of the subsistence harvest of 
northern fur seals. The Final EIS, which is available on the NMFS Web 
site (see Electronic Access) was subjected to public review (69 FR 
53915, September 3, 2004), and the comments were incorporated into the 
final EIS (May 2005).

Executive Order 12866 and Regulatory Flexibility Act

    This proposed action has been determined not to be a significant 
rule under Executive Order (E.O.) 12866. The proposed 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; or (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.
    The Chief Counsel for Regulation, Department of Commerce, certified 
to the Chief Counsel for Advocacy of the Small Business Administration 
that this proposed action would not have a significant economic impact 
on a substantial number of small entities. The harvest of northern fur 
seals on the Pribilof Islands, Alaska, is for subsistence purposes 
only. This action directly regulates the subsistence harvest of 
northern fur seals by Alaska Natives in the communities of St. Paul and 
St. George. The estimates of subsistence need are derived based on 
historic harvest levels and direct consultation with the Tribal 
Governments from each community. NMFS has identified two small entities 
that may be affected by this action--the communities of St. Paul and 
St. George, both of which have populations less than 500.

Estimate of Economic Impacts on Small Entities

    This action would have no adverse economic impact and may provide a 
net benefit for the communities of St. Paul and St. George. The 
estimated ranges of the subsistence needs are unlikely to restrict the 
number of animals taken by subsistence hunters. NMFS compared historic 
harvest levels on each island to the upper and lower ends of the range 
of the estimated subsistence need. The total annual harvests on each 
island has never exceeded the upper end of the proposed subsistence 
need ranges, and has only exceeded the lower end of the proposed ranges 
in 1991 on both islands and in 1993 on St. George. The regulated 
entities will not experience any change from the status quo since the 
proposed ranges are the same ranges that have been used since 1997.
    The subsistence harvest of fur seals provides a local, affordable 
source of fresh and frozen meat to for the communities' consumption. 
Fresh meat is unavailable on either St. Paul or St. George. Subsistence 
hunting and fishing are the primary means by which the communities meet 
their dietary need. No other fish and wildlife species are predictably 
available to replace fresh fur seal meat. Replacement of the frozen fur 
seal meat with livestock meat that is shipped to the islands is 
extremely expensive and only available when air and barge service can 
deliver. In addition marine mammals such as fur seals are the preferred 
meat resource for Aleuts and other coastal Alaska Natives.

Explanation of the Criteria Used To Evaluate Whether the Action Would 
Impose ``Significant Economic Impacts''

    The proposed action will not place any small entities at a 
disadvantage, relative to large entities or impose significant economic 
impacts on any small entities.
    The criteria recommended to determine the significance of the 
economic impacts of the action are profitability and 
disproportionality. The guidance states that ``the concept of 
profitability may not be appropriate for a non-profit small 
organization or a small government jurisdiction''. Based on this 
guidance NMFS believes disproportionality is the appropriate standard 
given the regulated entities are small government jurisdictions. No 
large entities are allowed to harvest northern fur seals; therefore the 
regulatory allowance for the small entities on St. Paul and St. George 
to harvest northern fur seals does not create a disproportionate impact 
that would disadvantage them.

Explanation of the Criteria Used To Evaluate Whether the Action Would 
Impose Impacts on a ``Substantial Number'' of Small Entities

    The action would not impose adverse economic impacts on any small 
entities. Because this action will not impose impacts on any small 
entities, it will not impose impacts on a substantial number of small 
entities. This action will have beneficial economic impacts on the 
directly regulated Alaska Native residents of St. Paul and St. George, 
and will not have an adverse economic impact on any small entities. 
Therefore, a regulatory flexibility analysis is not required and none 
was prepared.

Paperwork Reduction Act

    This proposed action does not require the collection of 
information.

Executive Order 13132--Federalism

    This proposed 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--Native Consultation

    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

[[Page 45503]]

harvest estimates and received their input.

    Dated: July 25, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 2011-19255 Filed 7-28-11; 8:45 am]
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