[Federal Register Volume 59, Number 92 (Friday, May 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11615]
[[Page Unknown]]
[Federal Register: May 13, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 215
[Docket No. 940414-4114; I.D. 032494B]
Marine Mammals; Subsistence Taking of Northern Fur Seals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule and subsistence harvest estimates for the
Pribilof Islands.
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SUMMARY: NMFS is required to publish an estimate of the number of seals
expected to be harvested in the current year to meet the subsistence
needs of the Aleut residents of the Pribilof Islands, AK, pursuant to
the regulations governing the subsistence taking of northern fur seals.
The purpose of these regulations is to limit the take of fur seals to a
level providing for the subsistence needs of the Pribilof residents and
to restrict taking by sex, age, and season for herd management
purposes. This notice estimates the number of seals to be taken in
1994. This notice also proposes to amend existing fur seal regulations,
making the harvest take estimates applicable for 3 years instead of 1
year. This proposed amendment is based on the fact that a relatively
consistent number of fur seals has been harvested each year since 1989,
and that NMFS does not expect subsistence needs to increase such that
takes for subsistence purposes will exceed the established upper limit
of the subsistence harvest estimate range first established for the
1992 harvest.
DATES: Written comments must be received by June 13, 1994.
ADDRESSES: Comments should be addressed to Dr. William W. Fox, Jr.,
Director, Office of Protected Resources, (F/PR), 1335 East-West
Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Steve Zimmerman, (907) 586-7235, or
Margot Bohan, (301) 713-2322.
SUPPLEMENTARY INFORMATION:
Background
The subsistence harvest of northern fur seals, Callorhinus ursinus,
on the Pribilof Islands, AK, is governed by regulations found in 50 CFR
part 215, subpart D--Taking for Subsistence Purposes. 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 and
to restrict taking by sex, age, and season for herd management
purposes. To minimize negative effects on the Pribilof Islands fur seal
population, the harvest has been limited to a 47-day season (June 23-
August 8) and is restricted to only subadult male fur seals.
Pursuant to the regulations governing the taking of fur seals for
subsistence purposes, NMFS must publish a summary of the previous
year's fur seal harvest (1993 harvest results were published on
November 1, 1993 (58 FR 59297)), and a projection of the number of
seals expected to be taken in the current year to meet the subsistence
needs of the Aleut residents of the Pribilof Islands, AK.
The projected 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 (AA), determines that the annual
subsistence needs of the Pribilof Aleuts have not been satisfied (50
CFR 215.32(e)(3)). Conversely, the harvest can be terminated before the
lower end of the range is reached if it is determined that the annual
subsistence needs of the Pribilof residents have been met or the
harvest has been conducted in a wasteful manner.
Subsistence Estimates and Trends
The number of northern fur seals harvested on St. Paul Island since
1986 has ranged from 1,077 (1990) to 1,710 (1987) (Table 1). The annual
subsistence takes on St. George Island since 1986 have ranged from 92
(1987) to 319 (1993) seals (Table 1). Within the past 3 years, however,
the number of fur seals harvested annually has been relatively
consistent. Since 1991, the average number of seals harvested each year
on St. Paul and St. George Islands has been 1,548 (range: 1,482-1,645)
and 265 (range: 194-319), respectively (Table 1). Furthermore, the
actual number of animals harvested has never reached the upper end of
the estimated range. In 1992, for example, only 194 of the 365 fur
seals originally estimated for subsistence need during that year were
taken on St. George Island. In 1993, only 319 of the 407 seals
requested were taken to meet the subsistence needs of St. George
residents.
Table 1.-- Subsistence Harvest Levels for Northern Fur Seals on the Pribilof Islands, 1985-1993
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Subsistence estimates Actual harvest levels
Year -----------------------------------------------------------
St. Paul St. George St. Paul St. George
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1985................................................ ................ .............. 3,384 329
1986................................................ 2,400-8,000 800-1,800 1,299 124
1987................................................ 1,600-2,400 533-1,800 1,710 92
1988................................................ 1,800-2,200 600-740 1,145 113
1989................................................ 1,600-1,800 533-600 1,340 181
1990................................................ 1,145-1,800 181-500 1,077 164
1991................................................ 1,145-1,800 181-500 1,645 281
1992................................................ 1,645-2,000 281-500 1,482 194
1993................................................ 1,645-2,000 281-500 1,518 319
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Estimate of Subsistence Need for 1994
NMFS has used the previous year's harvest levels as a baseline to
estimate need in the current year. Household surveys have also been
conducted by the tribal government on each island since 1992 to
estimate, in part, the number of seals required to meet the subsistence
needs of the Pribilof Islands residents (57 FR 22450, May 25, 1992, and
58 FR 32892, June 14, 1993). However, not all households can be
assessed during a survey. Therefore, results of these surveys provide
an index of need rather than an absolute estimate.
NMFS requested that the tribal government on each island determine
the number of fur seals that each household would need for the coming
year on January 13, 1994. This year's results were consistent with past
subsistence harvest survey requests and take records. Therefore, NMFS
proposes that the same estimate ranges be established for 1994 as were
established for 1992 and 1993: 281-500 fur seals for St. George Island
and 1,645 to 2,000 for St. Paul Island. NMFS' biologists will continue
to monitor the entire harvest on St. George and St. Paul Islands to
ensure that the harvest is carried out in a manner that fully complies
with the regulations specified at 50 CFR 215.32.
As described earlier in this notice, if the Aleut residents of
either island reach the lower end of this yearly harvest estimate and
have unmet subsistence needs and no indication of waste, they may
request an additional number of seals up to the upper limit of the
respective harvest estimates. The residents of St. George Island and
St. Paul Island 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 215.32(e)(1)(iii) require a suspension of the fur seal harvest for
up to 48 hours once the lower end of the estimated harvest levels 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.
Proposed Modification to Fur Seal Regulations
In a notice published on August 1, 1991, NMFS acknowledged the need
to develop other methods to monitor the subsistence harvest conducted
on the Pribilof Islands (56 FR 36735). In a workshop conducted by NMFS
on November 5, 1991, NMFS recognized the need to reevaluate the
regulatory issues regarding subsistence, to determine whether changes
in the fur seal harvest from a commercial endeavor to one for
subsistence may have warranted a revision of the current management
regime.
As a first step towards addressing these concerns, NMFS proposes an
amendment to Sec. 215.32 of the FSA regulations, allowing subsistence
take estimates to be applicable for a 3-year period, beginning in 1994.
During this 3-year period, NMFS will examine the current subsistence
harvest management regime. The proposed amendment is based on the fact
that the actual number of fur seals harvested each year since 1989 has
been relatively consistent (Table 1), and the fur seal take has never
exceeded the upper limit of the estimated range for subsistence need
within any year of the harvest. Due to recent commercial development in
the Pribilof Islands, NMFS anticipates that the subsistence needs will
increase during the next 3 years, but, based on historical evidence to
date, the annual subsistence needs are not expected to increase to
levels exceeding the range established in the 1993 final estimate.
Classification
NMFS has determined that the approval and implementation of this
proposed rule will not significantly affect the human environment, and
that preparation of an Environmental Impact Statement on this is not
required by section 102(2) of the National Environmental Policy Act or
its implementing regulations. This rule makes only minor changes to the
regulations governing the taking of fur seals for subsistence purposes;
this action does not entail significant substantive revision. Because
this rule does not alter the conclusions of previous environmental
impact analyses and environmental assessments, it is categorically
excluded by NOAA Administrative Order 216-6 from the requirement to
prepare an environmental assessment.
This proposed rule has been determined to be not significant
pursuant to E.O. 12866.
The General Counsel, Department of Commerce, certified to the Chief
Counsel for Advocacy of the Small Business Administration that this
proposed rule, if adopted, will not have a significant economic impact
on a substantial number of small entities. The only impact will be on
individual native Alaskan residents of the Pribilof Islands due to
revision of the schedule for estimating fur seal harvest levels from an
annual estimate to an estimate applicable to a 3-year period.
Therefore, a regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 215
Administrative practice and procedure, Marine mammals, Penalties,
Pribilof Islands, Reporting and recordkeeping requirements.
Dated: May 9, 1994.
Charles Karnella,
Acting Program Management Officer.
For the reasons set out in the preamble, 50 CFR part 215, subpart
D, is proposed to be amended as follows:
PART 215--PRIBILOF ISLANDS
1. The authority citation for part 215 continues to read as
follows:
Authority: 16 U.S.C. 1151-1175, 16 U.S.C. 1361-1384.
2. Section 215.32 is amended by revising paragraph (b) to read as
follows:
Sec. 215.32 Restrictions on taking.
* * * * *
(b) By April 1 of every third year, beginning April 1994, the
Assistant Administrator will publish in the Federal Register a summary
of the preceding 3 years of harvesting and a discussion of the number
of seals expected to be taken annually over the next three years to
satisfy the subsistence requirements of each island. This discussion
will include an assessment of factors and conditions on St. Paul and
St. George Islands that influence the need by Pribilof Aleuts to take
seals for subsistence uses and an assessment of any changes to those
conditions indicating that the number of seals that may be taken for
subsistence each year should be made higher or lower. Following a 30-
day public comment period, a final notification of the expected annual
harvest levels for the next 3 years will be published.
* * * * *
[FR Doc. 94-11615 Filed 5-12-94; 8:45 am]
BILLING CODE 3510-22-P
