[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Rules and Regulations]
[Pages 33374-33375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16008]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 970326068-7132-02; I.D. 031197A]
RIN 0648-AJ86
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 rule.
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SUMMARY: Pursuant to regulations governing northern fur seal
subsistence taking on the Pribilof Islands, and following a 30-day
public comment period on the proposed subsistence need estimates of the
Pribilof Aleuts, NMFS is publishing this final rule establishing annual
northern fur seal harvest range levels for 1997-1999.
DATES: Effective June 19, 1997 and applies to the harvest beginning
June 23, 1997.
ADDRESSES: Hilda Diaz-Soltero, Acting Director, Office of Protected
Resources (F/PR), 1315 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 northern fur seal (Callorhinus ursinus) population is
considered depleted under the Marine Mammal Protection Act (MMPA) (50
CFR 216.15(c)). The subsistence harvest of northern fur seals on the
Pribilof Islands, Alaska, is governed by regulations found in 50 CFR
part 216 subpart F--Taking for Subsistence Purposes. These regulations
were published under the authority of the Fur Seal Act, 15 U.S.C. 1151
et seq., and the MMPA, 16 U.S.C. 1361 et seq. (see 51 FR 24828, July 9,
1986). The purpose of these regulations is to limit the take of fur
seals to a level providing for the subsistence needs of the Pribilof
Aleuts, while using humane harvesting methods and restricting taking by
sex, age, and season for herd management purposes.
Subsistence Harvest Estimates for 1997 through 1999
NMFS published a notice and request for public comment (62 FR
17774, April 11, 1997) proposing a range of subsistence need estimates
on the Pribilof Islands for 1997-99, based on the results of the 1994-
96 harvests and responses from the tribal governments on St. Paul and
St. George Islands. NMFS proposed that the harvest estimate for
northern fur seals on St. Paul Island for each year, 1997-99, remain
the same as that in 1994 through 1996 (1,645 to 2,000).
For St. George Island, NMFS proposed that the lower bound of the
estimate of subsistence need for each year, 1997-99, increase from 281
to 300 seals and that the upper bound remain at 500 seals. NMFS based
this change in the estimate on the continuing decline of the island's
economy, which has resulted in an increased rate of unemployment and,
thus, a greater reliance on subsistence harvesting of food resources to
meet the natives' needs.
As no comments were received in response to the notice proposing
the upcoming years' estimates of subsistence need, NMFS is publishing
this final rule that establishes the annual harvest ranges for the
years 1997-1999, as follows: St. Paul Island: 1,645-2,000; St. George
Island: 300-500.
If the Aleut residents of St. Paul or St. George Island reach the
lower limit of their range during the harvest, and still have unmet
subsistence needs, they may request an additional number of seals, up
to the upper bound of their respective ranges. Conversely, the harvest
can be terminated before the lower limit of the range is reached if it
is determined that the subsistence needs of the Pribilof Aleuts have
been met or the harvest has been conducted in a wasteful manner. The
Aleut residents of St. Paul and St. George Islands may harvest up to
the lower bound of the applicable range between June 23 and August 8 of
each year, 1997-99. If, at any time during the harvest, the lower
estimate of subsistence need for an island is reached, the harvest must
be suspended for no longer than 48 hours, pursuant to 50 CFR
215.32(e)(1)(iii), pending a review of the harvest data to determine if
the subsistence needs of the island residents have been met. At such
time, the Pribilof Aleuts may submit information to NMFS indicating
that subsistence needs (for either island) have not been met. If the
Pribilof Aleuts substantiate an additional need for seals, and there
has been no indication of waste, NMFS will provide a revised estimate
of the number of seals required for subsistence purposes. If additional
information is not submitted by the Pribilof Aleuts, NMFS will consider
only the information in the record at the time of the suspension.
Classification
NMFS has determined that the approval and implementation of this
document will not significantly affect the human environment and that
preparation of an Environmental Impact Statement is not required by
section 102(2) of the National Environmental Policy Act. This rule
makes no changes to the regulations governing the taking of fur seals
for subsistence purposes. Because this rule does not alter the
conclusions of previous environmental impact analyses and environmental
assessments (EA), it is categorically excluded by NOAA Administrative
[[Page 33375]]
Order 216-6 from the requirement to prepare an EA.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The General Counsel, Department of Commerce, certified to the Chief
Counsel for Advocacy of the Small Business Administration that this
rule, if adopted, would not have a significant economic impact on a
substantial number of small entities. The reasons were published with
the proposed rule and harvest estimates (see 62 FR 17774, April 11,
1997). As no comments were received on the certification, the basis for
it has not changed. Therefore, a regulatory flexibility analysis was
not prepared.
Dated: June 12, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-16008 Filed 6-18-97; 8:45 am]
BILLING CODE 3510-22-F
