Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest
Estimates
[Federal Register: August 9, 2000 (Volume 65, Number 154)]
[Proposed Rules]
[Page 48669-48671]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au00-28]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 000720213-0213-01; I.D. 062000C]
RIN 0648-AO40
Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest
Estimates
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed estimates of annual fur seal subsistence needs;
request for comments.
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SUMMARY: Pursuant to the regulations governing the subsistence taking
of northern fur seals, this action proposes annual estimates of fur
seal subsistence needs for 2000 through 2002 on the Pribilof Islands,
Alaska, and summarizes the annual fur seal subsistence harvests on St.
George and St. Paul Islands (the Pribilof Islands) for 1997 through
1999. NMFS solicits public comments on the proposed estimates.
DATES: Written comments must be received at the appropriate address or
fax number (See ADDRESSES) no later than 5 p.m., eastern daylight time,
on September 8, 2000.
ADDRESSES: Comments or requests for a copy of the draft Environmental
Assessment should be addressed to the Chief, Marine Mammal Division,
Office of Protected Resources, 1315 East-West Highway, Silver Spring,
MD 20910. Comments also may be sent via facsimile (fax) to (301) 713-
4060. Comments will not be accepted if submitted via email or Internet.
FOR FURTHER INFORMATION CONTACT: Dave Cormany, (907) 271-3024, fax
(907) 271-3030, email Dave.Cormany@noaa.gov; Michael Payne, (907) 586-
7235, fax (907) 586-7012, email Michael.Payne@noaa.gov; or Thomas
Eagle, (301) 713-2322, ext. 105, fax (301) 713-4060, email
Tom.Eagle@noaa.gov.
SUPPLEMENTARY INFORMATION: 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 management purposes. To further minimize negative
effects on the Pribilof Islands' fur seal population, the harvest has
been limited to a 47-day season (June 23--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 3-year period and an estimate of the number of
seals expected to be taken in the subsequent 3-year period to meet the
subsistence needs of the Aleut residents of the Pribilof Islands.
Summary of Harvest Operations and Monitoring 1997-1999
The annual harvests were conducted in the established manner and
employed the standard methods required under regulations at 50 CFR
216.72. NMFS personnel monitored each daily harvest and worked closely
with the tribal governments of each island to further improve the
efficiency of the annual harvest and full utilization of the animals
taken. NMFS personnel also monitored the disposal of by-products of the
subsistence harvest in an effort to ensure that certain parts, such as
bacula, of harvested seals were
[[Page 48670]]
not taken illegally and that waste of edible portions was not
occurring.
The number of northern fur seals harvested on St. Paul Island from
1986 to 1999 ranged from 1,000 to 1,710, and the number harvested on
St. George Island from 1986 to 1999 ranged from 92 to 319 seals. The
actual number of animals harvested has never reached the upper end of
the estimated take range for either island and has reached the lower
limit only once on St. Paul (1991) and twice on St. George (1991, 1993)
in the past 10 years. The average number of seals harvested during the
past 10 years on St. Paul and St. George Islands has been 1,524 seals
(range: 1,000 to 1,645) and 247 seals (range: 193 to 319), respectively
(Table 1).
Beginning with the 1995 harvest, the tribal government of St. Paul
voluntarily eliminated the ``butterfly cut'' as a standard method of
field dressing harvested seals and resolved to utilize more of the
carcass from each animal. Only whole carcasses were removed from the
harvesting field. The following exceptions, as permitted by the tribal
government, are: (a) Those animals taken to accommodate some of the
elder residents who are physically unable to butcher whole animals
supplied to them by the tribal government, and; (b) those carcasses in
which the gall bladder was inadvertently ruptured, thus contaminating
some of the meat with bile. A total of 12 butterfly cuts (0.29 percent
of the combined Pribilof total take of 4,126 seals for the 3 years
1997-1999), were taken from the field under these exceptions.
As a result of the elimination of the butterfly cut as a standard
field dressing method and because the removal of whole carcasses
constitutes full utilization of the edible portions of harvested seals,
NMFS determined that continuing the percent-use calculations previously
applied to the harvest was no longer necessary. The butterfly cut was
never a standard field dressing method on St. George Island; therefore,
removal of only whole carcasses from the harvesting field is now a
uniform practice in the Pribilofs.
Regarding the utilization of the inedible portions of harvested
seals, the tribal governments of both islands have implemented a
program that promotes 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 and increased fulfillment of the non-wasteful
harvest requirements.
From 1997 through 1999, NMFS and the tribal governments of both
islands worked closely and successfully to improve the conduct of the
subsistence harvest and to promote full utilization of all the products
thereof. Through the emerging co-management process, NMFS and tribal
authorities have developed a cooperative and collaborative working
relationship, which increases local participation and responsibility
regarding subsistence uses of fur seals and other marine mammals on and
around the Pribilofs. Among the improvements realized through this
process from 1997 to 1999 were a lower incidence of heat stroke and
fewer females or bulls being accidentally struck. NMFS anticipates that
this effort and process will continue to progress and significant
harvest improvements are planned or being implemented for the annual
harvests 2000--2002.
Table 1. Subsistence Harvest Levels for Northern Fur Seals on the Pribilof Islands, 1985-1999
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Subsistence Take Ranges Actual Harvest Levels
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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
1994 1,645-2,000 281-500 1,616 161
1995 1,645-2,000 281-500 1,525 260
1996 1,645-2,000 281-500 1,591 232
1997 1,645-2,000 300-500 1,153 227
1998 1,645-2,000 300-500 1,297 256
1999 1,645-2,000 300-500 1,000 193
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Estimate of Subsistence Need for the Period 2000--2002
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.
In September 1996, NMFS requested that the tribal government of
each island determine the number of fur seals that would be needed by
their communities each year for the 3-year period 1997 through 1999.
The response from the St. Paul Island tribal government was to maintain
the current range of 1,645-2,000 seals. The St. George Island tribal
government requested that the lower end range be increased from 281 to
300 seals and that the upper bound remain at 500 seals. NMFS determined
that the continuing decline of the island's economy had resulted in an
increased rate of unemployment and, thus, a greater reliance on
subsistence harvesting of food resources by the Aleut residents of St.
George Island to meet their needs for the 1997-1999 period. In response
to the information provided by the tribal governments of St. Paul and
St. George Islands, the estimated range on St. Paul Island for each of
the years 1997 to 1999 remained the same as was established for the
years 1994 through 1996 (1,645 to 2,000), and that the annual range on
St.
[[Page 48671]]
George Island for the years 1997 through 1999, was 300-500 seals.
In 1999, NMFS and the Tribal Government of St. Paul (TGSNP)
initiated discussions under Section 119 of the MMPA regarding co-
management of the subsistence uses of marine mammals in Alaska. These
discussions produced a final draft agreement between the NMFS and TGSNP
which has been submitted for approval and signature by the respective
parties. Discussions have also been initiated with the Tribal Community
of St. George regarding a section 119 agreement under the MMPA which is
expected to be negotiated within this year.
For the 3 year period, 2000-2002, NMFS proposes no change to the
past and current ranges of 1,645-2,000 for St. Paul Island and 300-500
for St. George Island. Retaining these levels will provide adequate
flexibility for further refinement of annual harvest levels through the
co-management process.
As described earlier in this document, 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 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
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. NMFS seeks public comments on the proposed
estimates (see ADDRESSES).
The harvest of fur seals is anticipated to be non-wasteful and in
compliance with the regulations specified at 50 CFR 216.72. NMFS will
continue to monitor the harvest on St. Paul Island and St. George
Islands during 2000-2002.
Electronic Access
The draft Environmental Assessment for this action is accessible
via the Internet at the following address:
http://www.nmfs.noaa.gov/prot__res/depleted/furseal.html.
Classification
National Environmental Policy Act
A draft Environmental Assessment is available for this action (see
ADDRESSES).
Executive Order 12866 and Regulatory Flexibility Act
The Assistant Administrator for Fisheries, NOAA, has determined
that this is not a significant rule under Executive Order 12866. The
regulations 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 General
Counsel, 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. Therefore, a regulatory flexibility analysis was not
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 Executive Order 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 13084--Consultation and Coordination with Indian Tribal
Governments
Executive Order 13084 requires that if NMFS issues a regulation
that significantly or uniquely affects the communities of Indian tribal
governments and imposes substantial direct compliance costs on those
communities, NMFS must consult with those governments, or the Federal
government must provide the funds necessary to pay the direct
compliance costs incurred by the tribal governments. This action does
not impose substantial direct compliance costs on the communities of
Indian tribal governments. Accordingly, the requirements of section
3(b) of Executive Order 13084 do not apply to this action.
Nonetheless, NMFS took several steps to work with affected tribal
governments to prepare and implement the proposed action. These steps
included discussions on subsistence needs and mechanisms to ensure that
the harvest is conducted in a non-wasteful manner. NMFS and the Tribal
Government of St. Paul are negotiating a cooperative agreement pursuant
to section 119 of the MMPA to govern future harvests.
Dated: August 3, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 00-20163 Filed 8-8-00; 8:45 am]
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