[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]
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