82 FR 22797 - Subsistence Taking of Northern Fur Seals on the Pribilof Islands; Summary of Fur Seal Harvests for 2014-2016 and Proposed Annual Subsistence Harvest Needs for 2017-2019
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 95 (May 18, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 95 (May 18, 2017)
| Page Range | 22797-22801 | |
| FR Document | 2017-10089 |
[Federal Register Volume 82, Number 95 (Thursday, May 18, 2017)] [Proposed Rules] [Pages 22797-22801] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10089] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 216 [Docket No. 170303228-7228-01] RIN 0648-BG71 Subsistence Taking of Northern Fur Seals on the Pribilof Islands; Summary of Fur Seal Harvests for 2014-2016 and Proposed Annual Subsistence Harvest Needs for 2017-2019 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: Pursuant to the regulations governing the subsistence taking of North Pacific fur seals (Callorhinus ursinus) (northern fur seals), this document summarizes the annual fur seal subsistence harvests on St. George and St. Paul Islands (the Pribilof Islands) in Alaska for 2014-2016 and proposes annual estimates of northern [[Page 22798]] fur seal subsistence harvest on the Pribilof Islands for 2017-2019. The proposed number of fur seals expected to satisfy the subsistence requirements of Alaska Natives residing on the Pribilof Islands (Pribilovians) during the years 2017-2019 is 300 to 500 for St. George and 1,645 to 2,000 for St. Paul. These harvest levels are unchanged from the levels established for 2014-2016. NMFS solicits public comments on the proposed subsistence harvest needs for 2017-2019. DATES: Comments must be received no later than June 19, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2017-0018 by either of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0018, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Jon Kurland, Assistant Regional Administrator, Protected Resources Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Two Final Environmental Impact Statements and one Draft EIS are available on the Internet at the following address under the NEPA Analyses tab: https://alaskafisheries.noaa.gov/pr/fur-seal. FOR FURTHER INFORMATION CONTACT: Michael Williams, NMFS Alaska Region, 907-271-5117, [email protected]. SUPPLEMENTARY INFORMATION: Background The Eastern Pacific stock of northern fur seals (fur seals) is considered depleted under the Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361, et seq. The subsistence harvest from this stock on the Pribilof Islands is governed by regulations found in 50 CFR part 216, subpart F, published under the authority of the Fur Seal Act (FSA), 16 U.S.C. 1151, et seq. The regulations authorize Pribilovians to take fur seals on the Pribilof Islands if such taking is for subsistence uses and not accomplished in a wasteful manner. Since 1997, the allowable harvest level for St. George has been 300 to 500 fur seals and the allowable harvest level for St. Paul has been 1,645 to 2,000 fur seals. On both islands, if the harvest reaches the lower level and the Pribilovians have not met their subsistence harvest needs they must obtain the concurrence of NMFS before harvesting up to the upper level. NMFS has restricted the subsistence harvest of fur seals on the Pribilof Islands to sub-adult male fur seals less than 124.5 cm in length during a 47-day season (from June 23 to August 8) on the Pribilof Islands. In 2014, NMFS created a second harvest season on St. George Island (from September 16 to November 30), authorizing the harvest of up to 150 male pups (79 FR 65327; November 4, 2014). The authority to harvest 150 male pups on St. George Island did not change the lower or upper harvest level established previously (79 FR 45728; August 5, 2014). The purposes of these regulations are to (1) limit the take of fur seals to a sustainable level that provides for the subsistence requirements of Pribilovians, and (2) restrict taking by sex, age, location, and season to ensure conservation of the species. Pursuant to subsistence harvest regulations at 50 CFR 216.72(b), every three years NMFS must publish in the Federal Register a summary of the Pribilovians' fur seal harvest for the previous three-year period. NMFS is also required to include an estimate of the number of fur seals expected to satisfy the subsistence requirements of Pribilovians in the subsequent three-year period. Since 2000, NMFS estimated the number of seals necessary to satisfy the subsistence requirements of Pribilovians based on discussions with the St. Paul and St. George Tribal Governments (Tribal Governments) as established in their respective co-management agreements pursuant to Section 119 of the MMPA. NMFS works with the Tribal Governments to estimate a lower and upper number of fur seals to be harvested annually to satisfy the subsistence requirements of the Pribilovians. Other Actions Potentially Affecting the Fur Seal Subsistence Harvest Estimates In response to a petition from the Aleut Community of St. Paul Island, NMFS recently published a Draft Supplemental Environmental Impact Statement to evaluate the effects relevant to environmental concerns of potential changes to the regulations governing subsistence harvest of fur seals on St. Paul Island (82 FR 4336; January 13, 2017). Based on review of the public comments, NMFS is considering whether to undertake proposed and final rulemaking to revise fur seal subsistence harvest regulations at 50 CFR 216.72. Should NMFS undertake such rulemaking the triennial process of assessing the Pribilovians' subsistence needs and setting lower and upper levels for the maximum allowable harvest of fur seals may be modified or removed from the regulations. NMFS is not seeking comment on these potential proposals here. Fur Seal Status and Subsistence Needs Based on the most recent fur seal stock assessment report (2016), NMFS estimates that the current abundance of the eastern Pacific fur seals stock is 648,534. The potential biological removal (PBR) level (i.e., the maximum number of animals, not including natural mortalities, that may be removed from the stock while allowing the stock to reach or maintain its optimum sustainable population level) is 11,802 animals (Muto et al., 2016). Harvest of the maximum allowable level on both St. George and St. Paul Islands (2,500 sub-adult male fur seals; a level that the Pribilovians have not reached since 1985) would amount to 21.2 percent of the PBR level. However, the population-level effect of the harvest on the stock is lower than 21.2 percent of the PBR because PBR assumes random mortality across all ages and both sexes, and the subsistence harvest is regulated to select sub-adult male fur seals (including male pups on St. George). Fur seal reproduction depends disproportionately on females, so harvesting males has much less influence on the population. Limiting the harvest of fur seals to males that have not reached adulthood has been the basis of sustainable harvests on the Pribilofs for over 100 years. The mortality from the subsistence harvest is in addition to other sources of known human-caused mortality that are described in the annual stock assessment reports (Muto et al., 2016), including bycatch in commercial fisheries, entanglement in derelict fishing gear and marine debris as well as accidental death during research. The 5-year average (2009-2013) annual estimates of the sources of known human- caused mortality of fur seals, as identified in the 2016 stock assessment [[Page 22799]] report (Muto et al., 2016), are: fisheries bycatch (average = 1.1); entanglement (average = 12); research (average <1); and subsistence harvests (average = 432). These sources of known human-caused mortality of fur seals are less than 4 percent of PBR. During the past 5 years, there have been no reports of illegal shooting by fishermen, and one seal was killed in 2015 when it was struck by a car on St. Paul. NMFS Office of Law Enforcement has been unable to identify suspects in cases where illegal harvest of fur seals is suspected. The 1985 and subsequent estimates of the number of fur seals required to meet subsistence needs were based on pounds of meat estimated to have been consumed by Pribilovians from the turn of the century (50 FR 27914, July 4, 1985; 51 FR 17896, May 15, 1986). The short seasons required by the regulations forced employers, employees, and fishermen to choose between wage earning jobs and volunteer participation in the subsistence harvest. Public comments on those notices of the number of fur seals required to meet their subsistence need suggested that NMFS should reduce the lower level of the subsistence need because the actual harvest seldom reached the lower level established in the early years of the subsistence regulations (51 FR 17896, May 15, 1986; 51 FR 24828, July 9, 1986; 53 FR 28886, August 1, 1998; 56 FR 25066, June 3, 1991). NMFS responded by reducing the estimates of Pribilovians' subsistence need to its lowest level in 1990 and 1991 (1,326-2,300), and in 1991 both islands made written requests to exceed the lower end of the range and ultimately harvested the highest number of fur seals allowed under the subsistence regulations (Table 1). NMFS increased the estimated subsistence need through 1997, and the harvest has not reached the lower level established for either island since 1993 (Table 1). The lower level may only be exceeded if the Assistant Administrator (1) reviews the harvest data, (2) determines that additional harvest is necessary to satisfy Pribilovians' subsistence needs, and (3) provides a revised estimate of the number of seals required to satisfy subsistence needs in accordance with 50 CFR 216.72(f). Exceedance of the upper harvest level is not authorized. The current lower harvest level of 1,945, while higher than actual harvest levels in the past decade, provides a degree of flexibility that allows for environmental changes and accommodates unanticipated community needs. The communities of St. Paul and St. George Islands rely on marine mammals as a major food source and a cornerstone of their culture. Several factors affect both the subsistence harvest of northern fur seals and the number of fur seals required to meet subsistence needs. Weather conditions and availability of subsistence resources and store- bought foods vary annually. The availability of wage-earning jobs affects the time available for community members to harvest fur seals and other subsistence resources. For example, the subsistence harvest season is concurrent with the Pacific halibut commercial fishing season. Individual community members may choose to participate in wage- earning jobs rather than volunteer to participate in the subsistence harvest fur seals. In addition, some seasonal employment opportunities, such as commercial crab fishing, may interfere with community members' ability to harvest Steller sea lions, increasing their reliance upon the northern fur seal as a subsistence food source. Summary of Harvest Operations and Monitoring From 2014 to 2016 The harvests of sub-adult male fur seals from 2014 to 2016 were conducted in the established manner and employed the standard harvest methods required under 50 CFR 216.72. NMFS personnel, a harvest observer contracted by NMFS, and tribal government staff monitored the harvests during the period of 2014 through 2016. The NMFS personnel, harvest observer, and tribal government staff communicated during and after the harvests to further improve the efficiency of the annual harvest, encourage full utilization of the animals taken, and reduce stress to unharvested seals. NMFS received annual harvest reports from the tribal governments of both islands and the harvest observers. These reports were reviewed and verified by NMFS prior to finalization and public distribution. Through co-management, the tribal governments on both St. Paul and St. George Islands have taken responsibility for ensuring the subsistence harvest of male fur seals from the age classes authorized on the respective islands is not accomplished in a wasteful manner, minimizes the accidental take of females, and does not result in increased disturbance to the fur seals on rookeries. The Pribilovians have requested more autonomy to undertake and monitor the fur seal harvest themselves via co-management, and NMFS continues to balance that request with the need to independently observe a portion of the harvests on both islands each year (see 51 FR 17896; May 15, 1986, 53 FR 28886; August 1, 1988, 58 FR 42027; August 6, 1993, 79 FR 65327; November 4, 2014). The reported fur seal subsistence harvest for St. Paul was 266 animals in 2014, 314 in 2015, and 309 in 2016 (Lestenkof et al., 2015, Lestenkof et al., 2016, Melovidov et al., 2017). The reported total subsistence harvest of fur seals on St. George Island in 2014, 2015, and 2016 was 158, 118, and 83, respectively, of which the sub-adult harvest was 104 in 2014, 61 in 2015, and 37 in 2016 (Kashevarof 2015, Kashevarof 2016, Lekanof 2017) and the pup harvest was 54 in 2014, 57 in 2015, and 46 in 2016 (Testa 2016, IAG 2016, and IAG 2017). From 1986 to 2016, the reported number of sub-adult male fur seals harvested on St. Paul and St. George ranged from 266-1704 and 37-319, respectively (Table 1). The average number of male seals harvested annually during the past decade on St. Paul was 318 (range: 262 to 383), and on St. George was 119 (range: 63 to 206) including pups. Table 1--Harvest Levels and Actual Subsistence Harvest Levels of Sub-Adult Male Northern Fur Seals on the Pribilof Islands, 1986-2016 [Accidental female harvests and the pup harvest from 2014-16 are not included] ---------------------------------------------------------------------------------------------------------------- Harvest levels Actual harvest Year --------------------------------------------------------------- St. Paul St. George St. Paul St. George ---------------------------------------------------------------------------------------------------------------- 1986............................................ 2,400-8,000 800-1,800 1,299 124 1987............................................ 1,600-2,400 533-1,800 1,704 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 1,644 281 [[Page 22800]] 1992............................................ 1,645-2,000 281-500 1,480 194 1993............................................ 1,645-2,000 281-500 1,518 319 1994............................................ 1,645-2,000 281-500 1,615 161 1995............................................ 1,645-2,000 281-500 1,263 259 1996............................................ 1,645-2,000 281-500 1,588 232 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 2000............................................ 1,645-2,000 300-500 754 121 2001............................................ 1,645-2,000 300-500 595 184 2002............................................ 1,645-2,000 300-500 646 202 2003............................................ 1,645-2,000 300-500 522 132 2004............................................ 1,645-2,000 300-500 493 123 2005............................................ 1,645-2,000 300-500 466 139 2006............................................ 1,645-2,000 300-500 396 212 2007............................................ 1,645-2,000 300-500 269 206 2008............................................ 1,645-2,000 300-500 328 170 2009............................................ 1,645-2,000 300-500 341 113 2010............................................ 1,645-2,000 300-500 357 78 2011............................................ 1,645-2,000 300-500 322 120 2012............................................ 1,645-2,000 300-500 383 63 2013............................................ 1,645-2,000 300-500 298 80 2014............................................ 1,645-2,000 300-500 262 103 2015............................................ 1,645-2,000 300-500 312 61 2016............................................ 1,645-2,000 300-500 308 37 ---------------------------------------------------------------------------------------------------------------- A single accidental harvest of a sub-adult female fur seal occurred during 2014-2016 on St. George. On St. Paul harvesters accidentally killed seven sub-adult females during 2014-2016. The average annual accidental harvest of females is two on St. Paul and less than one on St. George since 1986. Under section 119 of the MMPA, NMFS signed agreements with St. Paul in 2000 and with St. George in 2001 for the cooperative management of subsistence uses of northern fur seals and Steller sea lions. The processes described in the cooperative agreements have facilitated a collaborative working relationship between NMFS and tribal authorities to manage efficient harvests for food and to promote full utilization for traditional arts, crafts, and other uses permitted under regulations at 50 CFR 216.73 (Melovidov et al., 2017, IAG 2016, IAG 2017). Estimate of Subsistence Need for 2017 Through 2019 For the 3-year period from 2017 through 2019, NMFS proposes no change to the current allowable harvest ranges of 1,645-2,000 sub-adult male fur seals for St. Paul Island and 300-500 sub-adult male fur seals for St. George Island (including up to 150 male pups). Retaining the allowable harvest levels at the current range provides for fur seal conservation, flexibility that accommodates environmental changes, and unanticipated community needs. NMFS will continue to work with the Tribal Governments of St. Paul and St. George under section 119 of the MMPA to ensure their subsistence needs are met in a manner that is consistent with the sustainable use and conservation of fur seals. NMFS seeks public comments on these proposed estimates of the annual number of fur seals expected to satisfy the subsistence requirements of Pribilovians from 2017 through 2019. NMFS will continue to monitor the harvest on St. Paul and St. George Islands during 2017, 2018, and 2019, and coordinate regular monitoring and reporting through the agreements signed for cooperative management of the subsistence use of fur seals. 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, which is available on the NMFS Web site (see Reviewing Documents). A draft EIS was available for public review (69 FR 53915; September 3, 2004), and NMFS incorporated the comments into the final EIS (May 2005). A draft Supplemental EIS (SEIS) was prepared regarding the management of the subsistence harvest of northern fur seals on St. George Island, made available for public review (79 FR 31110; May 30, 2014), and NMFS incorporated the public comments into the final SEIS (79 FR 49774; August 22, 2014). A draft Supplemental EIS (SEIS) was prepared regarding the management of the subsistence harvest of northern fur seals on St. Paul Island, made available for public review (82 FR 4336; January 13, 2017), and NMFS is reviewing those public comments separate from the action considered here. An SEIS should be prepared if (1) the agency makes substantial changes in the proposed action that are relevant to environmental concerns; or (2) significant new circumstances or information exist relevant to environmental concerns and bearing on the proposed action or its impacts (40 CFR 1502.9(c)(1)). After reviewing the information contained in the 2005 EIS and 2014 SEIS, the Regional Administrator has determined that (1) approval of the proposed 2017-2019 fur seal subsistence harvest notice does not constitute a change in the action; and (2) there are no significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts. Additionally, the proposed 2017-2019 fur seal subsistence harvest levels will result in environmental impacts within [[Page 22801]] the scope of those analyzed and disclosed in the previous EIS. Therefore, supplemental NEPA documentation is not necessary to implement the 2017-2019 fur seal subsistence harvest levels proposed in this document. Executive Order 12866 and 13563 This proposed action is authorized under 50 CFR 216.72(b) and is not significant for the purposes of Executive Orders 12866 and 13563. Regulatory Flexibility Act 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 fur seals on the Pribilof Islands, Alaska, is for subsistence purposes only. This action directly regulates the subsistence harvest of northern fur seals by Pribilovians. 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 economic benefit for the communities of St. Paul and St. George. The upper limit of the estimated subsistence harvest need is unlikely to restrict the number of animals taken by subsistence users. NMFS compared historic harvest levels on each island to the upper and lower harvest limits. The total annual harvests on each island have never exceeded the upper limit of the proposed subsistence need, and have only exceeded the lower limit three times; 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 allowable subsistence harvest levels remain unchanged since 1997. The subsistence harvest of fur seals provides a local, affordable source of fresh and frozen meat for the communities' consumption. Fresh store-bought meat is not available on either St. Paul or St. George Islands. Subsistence hunting and fishing are the primary means by which the communities meet their dietary needs. No other fish and wildlife species are predictably available to replace fresh fur seal meat. Livestock meat shipped to the islands is extremely expensive, represents a dietary alternative rather than a replacement for fur seal meat, and is only available when air or barge service can deliver it. In addition, marine mammals such as fur seals are the culturally- 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 that 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 proposed action would not impose adverse economic impacts on any small entities. Because this action will not impose significant economic impacts on any small entities, it will not impose impacts on a substantial number of small entities. This action may 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 for the purposes of the Paperwork Reduction Act. 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 use and need 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), the American Indian Native Policy of the U.S. Department of Commerce (March 30, 1995), the Department of Commerce's Tribal Consultation Policy (including the Department of Commerce Administrative Order 218-8, April 26, 2012), and the NOAA Procedures for Government-to-Government Consultation With Federally Recognized Indian Tribes and Alaska Native Corporations (November 12, 2013) outline the responsibilities of NMFS 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' harvest estimates and received and considered their input. Dated: May 15, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-10089 Filed 5-16-17; 8:45 am] BILLING CODE 3510-22-P
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III. Ordering Clauses Facility Official may request that a (ii) Licensee providing CMRS service
110. It is ordered that, pursuant to the CMRS licensee disable a contraband to the device;
authority contained in sections 1, 2, 4(i), wireless device in a correctional facility (iii) Name of correctional facility;
4(j), 301, 302, 303, 307, 308, 309, 310, detected by a Contraband Interdiction (iv) Street address of correctional
and 332 of the Communications Act of System as described below. facility;
(1) Licensee obligation. A licensee (v) Latitude and longitude coordinates
1934, as amended, 47 U.S.C. 151, 152,
providing CMRS service must: sufficient to describe the boundaries of
154(i), 154(j), 301, 302a, 303, 307, 308,
(i) Upon request of a Designated the correctional facility; and
309, 310, and 332, the FNPRM in GN
Correctional Facility Official, provide a (vi) Call signs of FCC Licenses and/or
Docket No. 13–111 is adopted.
point of contact suitable for receiving Leases authorizing the CIS.
111. It is further ordered that,
qualifying requests to disable devices; (5) Eligible CIS. (i) In order to be listed
pursuant to applicable procedures set
and on a FCC Public Notice as an Eligible
forth in sections 1.415 and 1.419 of the (ii) Upon request of a Designated CIS, a CIS operator must demonstrate to
Commission’s rules, 47 CFR 1.415, Correctional Facility Office to disable a the Commission that:
1.419, interested parties may file contraband wireless devices, verify that (A) All radio transmitters used as part
comments on the FNPRM on or before the request is a qualifying request and, of the CIS have appropriate equipment
30 days after publication in the Federal if so, permanently disable the device. authorization pursuant to Commission
Register and reply comments on or (2) Qualifying request. A qualifying rules;
before 60 days after publication in the request must be made in writing via a (B) The CIS is designed and will be
Federal Register. verifiable transmission mechanism, configured to locate devices solely
112. It is further ordered that, contain the certifications in paragraph within a correctional facility, secure and
pursuant to section 801(a)(1)(A) of the (3) of this section and the device and protect the collected information, and is
Congressional Review Act, 5 U.S.C. correctional facility identifying capable of being programmed not to
801(a)(1)(A), the Commission shall send information in paragraph (4) of this interfere with emergency 911 calls; and
a copy of the FNPRM to Congress and section, and be signed by a Designated (C) The methodology to be used in
to the Government Accountability Correctional Facility Official. For analyzing data collected by the CIS is
Office. purposes of this section, a Designated sufficiently robust to provide a high
113. It is further ordered that the Correctional Facility Official means a degree of certainty that the particular
Commission’s Consumer & state or local official responsible for the wireless device is in fact located within
Governmental Affairs Bureau, Reference correctional facility where the a correctional facility.
Information Center, shall send a copy of contraband device is located. (ii) Periodically, the Commission will
the FNPRM, including the Initial (3) Certifications. A qualifying request issue Public Notices listing all Eligible
Regulatory Flexibility Analysis, to the must include the following CISs.
Chief Counsel for Advocacy of the Small certifications by the Designated
Business Administration. [FR Doc. 2017–09886 Filed 5–17–17; 8:45 am]
Correctional Facility Official:
BILLING CODE 6712–01–P
List of Subjects in 47 CFR Part 20 (i) The CIS used to identify the device
is authorized for operation through a
Communications common carriers, Commission license or approved lease
Radio. agreement, referencing the applicable DEPARTMENT OF COMMERCE
Federal Communications Commission. ULS identifying information;
National Oceanic and Atmospheric
Marlene H. Dortch, (ii) The Designated Correctional
Administration
Secretary. Facility Official has contacted all CMRS
licensees providing service in the area
Proposed Rules 50 CFR Part 216
of the correctional facility in order to
For the reasons discussed in the establish a verifiable transmission [Docket No. 170303228–7228–01]
preamble, the Federal Communications mechanism for making qualifying RIN 0648–BG71
Commission proposes to further amend requests and for receiving notifications
47 CFR part 20, as amended in a final from the CMRS licensee; Subsistence Taking of Northern Fur
rule published elsewhere in this issue of (iii) The Designated Correctional Seals on the Pribilof Islands; Summary
the Federal Register, as set forth below: Facility Official has substantial of Fur Seal Harvests for 2014–2016 and
evidence that the contraband wireless Proposed Annual Subsistence Harvest
PART 20—COMMERCIAL MOBILE device was used in the correctional Needs for 2017–2019
RADIO SERVICES facility, and that such use was observed
within the 30 day period immediately AGENCY: National Marine Fisheries
■ 1. The authority citation for part 20 prior to the date of submitting the Service (NMFS), National Oceanic and
continues to read as follows: request; and Atmospheric Administration (NOAA),
Authority: 47 U.S.C. 151, 152(a), 154(i), (iv) The CIS used to identify the Commerce.
157, 160, 201, 214, 222, 251(e), 301, 302, 303, device is an Eligible CIS as defined in ACTION: Notice of availability; request
303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316, paragraph (5) of this section. The for comments.
316(a), 332, 610, 615, 615a, 615b, 615c, Designated Correctional Facility Official
unless otherwise noted. must include a copy of a FCC Public SUMMARY: Pursuant to the regulations
jstallworth on DSK7TPTVN1PROD with PROPOSALS
■ 2. Amend § 20.23 by adding paragraph Notice listing the eligible CIS. governing the subsistence taking of
(b) to read as follows: (4) Device and correctional facility North Pacific fur seals (Callorhinus
identifying information. The request ursinus) (northern fur seals), this
§ 20.23 Contraband wireless devices in must identify the device to be disabled document summarizes the annual fur
correctional facilities. and correctional facility by providing seal subsistence harvests on St. George
* * * * * the following information: and St. Paul Islands (the Pribilof
(b) Disabling contraband wireless (i) Identifiers sufficient to uniquely Islands) in Alaska for 2014–2016 and
devices. A Designated Correctional describe the device in question; proposes annual estimates of northern
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report (Muto et al., 2016), are: fisheries satisfy Pribilovians’ subsistence needs, the efficiency of the annual harvest,
bycatch (average = 1.1); entanglement and (3) provides a revised estimate of encourage full utilization of the animals
(average = 12); research (average <1); the number of seals required to satisfy taken, and reduce stress to unharvested
and subsistence harvests (average = subsistence needs in accordance with 50 seals. NMFS received annual harvest
432). These sources of known human- CFR 216.72(f). Exceedance of the upper reports from the tribal governments of
caused mortality of fur seals are less harvest level is not authorized. The both islands and the harvest observers.
than 4 percent of PBR. During the past current lower harvest level of 1,945, These reports were reviewed and
5 years, there have been no reports of while higher than actual harvest levels verified by NMFS prior to finalization
illegal shooting by fishermen, and one in the past decade, provides a degree of and public distribution. Through co-
seal was killed in 2015 when it was flexibility that allows for environmental management, the tribal governments on
struck by a car on St. Paul. NMFS Office changes and accommodates both St. Paul and St. George Islands
of Law Enforcement has been unable to unanticipated community needs. have taken responsibility for ensuring
identify suspects in cases where illegal The communities of St. Paul and St. the subsistence harvest of male fur seals
harvest of fur seals is suspected. George Islands rely on marine mammals from the age classes authorized on the
The 1985 and subsequent estimates of as a major food source and a cornerstone respective islands is not accomplished
the number of fur seals required to meet of their culture. Several factors affect in a wasteful manner, minimizes the
subsistence needs were based on both the subsistence harvest of northern accidental take of females, and does not
pounds of meat estimated to have been fur seals and the number of fur seals result in increased disturbance to the fur
consumed by Pribilovians from the turn required to meet subsistence needs. seals on rookeries. The Pribilovians
of the century (50 FR 27914, July 4, Weather conditions and availability of have requested more autonomy to
1985; 51 FR 17896, May 15, 1986). The subsistence resources and store-bought undertake and monitor the fur seal
short seasons required by the foods vary annually. The availability of harvest themselves via co-management,
regulations forced employers, wage-earning jobs affects the time and NMFS continues to balance that
employees, and fishermen to choose available for community members to request with the need to independently
between wage earning jobs and harvest fur seals and other subsistence observe a portion of the harvests on both
volunteer participation in the resources. For example, the subsistence
subsistence harvest. Public comments islands each year (see 51 FR 17896; May
harvest season is concurrent with the 15, 1986, 53 FR 28886; August 1, 1988,
on those notices of the number of fur Pacific halibut commercial fishing
seals required to meet their subsistence 58 FR 42027; August 6, 1993, 79 FR
season. Individual community members 65327; November 4, 2014).
need suggested that NMFS should may choose to participate in wage-
reduce the lower level of the subsistence earning jobs rather than volunteer to The reported fur seal subsistence
need because the actual harvest seldom participate in the subsistence harvest fur harvest for St. Paul was 266 animals in
reached the lower level established in seals. In addition, some seasonal 2014, 314 in 2015, and 309 in 2016
the early years of the subsistence employment opportunities, such as (Lestenkof et al., 2015, Lestenkof et al.,
regulations (51 FR 17896, May 15, 1986; commercial crab fishing, may interfere 2016, Melovidov et al., 2017). The
51 FR 24828, July 9, 1986; 53 FR 28886, with community members’ ability to reported total subsistence harvest of fur
August 1, 1998; 56 FR 25066, June 3, harvest Steller sea lions, increasing their seals on St. George Island in 2014, 2015,
1991). NMFS responded by reducing the reliance upon the northern fur seal as a and 2016 was 158, 118, and 83,
estimates of Pribilovians’ subsistence subsistence food source. respectively, of which the sub-adult
need to its lowest level in 1990 and harvest was 104 in 2014, 61 in 2015,
1991 (1,326–2,300), and in 1991 both Summary of Harvest Operations and and 37 in 2016 (Kashevarof 2015,
islands made written requests to exceed Monitoring From 2014 to 2016 Kashevarof 2016, Lekanof 2017) and the
the lower end of the range and The harvests of sub-adult male fur pup harvest was 54 in 2014, 57 in 2015,
ultimately harvested the highest number seals from 2014 to 2016 were conducted and 46 in 2016 (Testa 2016, IAG 2016,
of fur seals allowed under the in the established manner and and IAG 2017). From 1986 to 2016, the
subsistence regulations (Table 1). NMFS employed the standard harvest methods reported number of sub-adult male fur
increased the estimated subsistence required under 50 CFR 216.72. NMFS seals harvested on St. Paul and St.
need through 1997, and the harvest has personnel, a harvest observer contracted George ranged from 266–1704 and 37–
not reached the lower level established by NMFS, and tribal government staff 319, respectively (Table 1). The average
for either island since 1993 (Table 1). monitored the harvests during the number of male seals harvested
The lower level may only be exceeded period of 2014 through 2016. The NMFS annually during the past decade on St.
if the Assistant Administrator (1) personnel, harvest observer, and tribal Paul was 318 (range: 262 to 383), and on
reviews the harvest data, (2) determines government staff communicated during St. George was 119 (range: 63 to 206)
that additional harvest is necessary to and after the harvests to further improve including pups.
TABLE 1—HARVEST LEVELS AND ACTUAL SUBSISTENCE HARVEST LEVELS OF SUB-ADULT MALE NORTHERN FUR SEALS
ON THE PRIBILOF ISLANDS, 1986–2016
[Accidental female harvests and the pup harvest from 2014–16 are not included]
Harvest levels Actual harvest
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Year
St. Paul St. George St. Paul St. George
1986 ................................................................................................................. 2,400–8,000 800–1,800 1,299 124
1987 ................................................................................................................. 1,600–2,400 533–1,800 1,704 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 1,644 281
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![22800 Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Proposed Rules
TABLE 1—HARVEST LEVELS AND ACTUAL SUBSISTENCE HARVEST LEVELS OF SUB-ADULT MALE NORTHERN FUR SEALS
ON THE PRIBILOF ISLANDS, 1986–2016—Continued
[Accidental female harvests and the pup harvest from 2014–16 are not included]
Harvest levels Actual harvest
Year
St. Paul St. George St. Paul St. George
1992 ................................................................................................................. 1,645–2,000 281–500 1,480 194
1993 ................................................................................................................. 1,645–2,000 281–500 1,518 319
1994 ................................................................................................................. 1,645–2,000 281–500 1,615 161
1995 ................................................................................................................. 1,645–2,000 281–500 1,263 259
1996 ................................................................................................................. 1,645–2,000 281–500 1,588 232
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
2000 ................................................................................................................. 1,645–2,000 300–500 754 121
2001 ................................................................................................................. 1,645–2,000 300–500 595 184
2002 ................................................................................................................. 1,645–2,000 300–500 646 202
2003 ................................................................................................................. 1,645–2,000 300–500 522 132
2004 ................................................................................................................. 1,645–2,000 300–500 493 123
2005 ................................................................................................................. 1,645–2,000 300–500 466 139
2006 ................................................................................................................. 1,645–2,000 300–500 396 212
2007 ................................................................................................................. 1,645–2,000 300–500 269 206
2008 ................................................................................................................. 1,645–2,000 300–500 328 170
2009 ................................................................................................................. 1,645–2,000 300–500 341 113
2010 ................................................................................................................. 1,645–2,000 300–500 357 78
2011 ................................................................................................................. 1,645–2,000 300–500 322 120
2012 ................................................................................................................. 1,645–2,000 300–500 383 63
2013 ................................................................................................................. 1,645–2,000 300–500 298 80
2014 ................................................................................................................. 1,645–2,000 300–500 262 103
2015 ................................................................................................................. 1,645–2,000 300–500 312 61
2016 ................................................................................................................. 1,645–2,000 300–500 308 37
A single accidental harvest of a sub- accommodates environmental changes, subsistence harvest of northern fur seals
adult female fur seal occurred during and unanticipated community needs. on St. George Island, made available for
2014–2016 on St. George. On St. Paul NMFS will continue to work with the public review (79 FR 31110; May 30,
harvesters accidentally killed seven sub- Tribal Governments of St. Paul and St. 2014), and NMFS incorporated the
adult females during 2014–2016. The George under section 119 of the MMPA public comments into the final SEIS (79
average annual accidental harvest of to ensure their subsistence needs are FR 49774; August 22, 2014). A draft
females is two on St. Paul and less than met in a manner that is consistent with Supplemental EIS (SEIS) was prepared
one on St. George since 1986. the sustainable use and conservation of regarding the management of the
Under section 119 of the MMPA, fur seals. NMFS seeks public comments subsistence harvest of northern fur seals
NMFS signed agreements with St. Paul on these proposed estimates of the on St. Paul Island, made available for
in 2000 and with St. George in 2001 for annual number of fur seals expected to public review (82 FR 4336; January 13,
the cooperative management of satisfy the subsistence requirements of 2017), and NMFS is reviewing those
subsistence uses of northern fur seals Pribilovians from 2017 through 2019. public comments separate from the
and Steller sea lions. The processes NMFS will continue to monitor the action considered here.
described in the cooperative agreements harvest on St. Paul and St. George An SEIS should be prepared if (1) the
have facilitated a collaborative working Islands during 2017, 2018, and 2019, agency makes substantial changes in the
relationship between NMFS and tribal and coordinate regular monitoring and proposed action that are relevant to
authorities to manage efficient harvests reporting through the agreements signed environmental concerns; or (2)
for food and to promote full utilization for cooperative management of the significant new circumstances or
for traditional arts, crafts, and other uses subsistence use of fur seals. information exist relevant to
permitted under regulations at 50 CFR environmental concerns and bearing on
216.73 (Melovidov et al., 2017, IAG Classification the proposed action or its impacts (40
2016, IAG 2017). National Environmental Policy Act CFR 1502.9(c)(1)). After reviewing the
information contained in the 2005 EIS
Estimate of Subsistence Need for 2017 NMFS prepared an Environmental and 2014 SEIS, the Regional
Through 2019 Impact Statement (EIS) evaluating the Administrator has determined that (1)
For the 3-year period from 2017 impacts on the human environment of approval of the proposed 2017–2019 fur
through 2019, NMFS proposes no the subsistence harvest of northern fur seal subsistence harvest notice does not
jstallworth on DSK7TPTVN1PROD with PROPOSALS
change to the current allowable harvest seals, which is available on the NMFS constitute a change in the action; and (2)
ranges of 1,645–2,000 sub-adult male fur Web site (see Reviewing Documents). A there are no significant new
seals for St. Paul Island and 300–500 draft EIS was available for public review circumstances or information relevant to
sub-adult male fur seals for St. George (69 FR 53915; September 3, 2004), and environmental concerns and bearing on
Island (including up to 150 male pups). NMFS incorporated the comments into the proposed action or its impacts.
Retaining the allowable harvest levels at the final EIS (May 2005). A draft Additionally, the proposed 2017–2019
the current range provides for fur seal Supplemental EIS (SEIS) was prepared fur seal subsistence harvest levels will
conservation, flexibility that regarding the management of the result in environmental impacts within
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![Federal Register / Vol. 82, No. 95 / Thursday, May 18, 2017 / Proposed Rules 22801
the scope of those analyzed and primary means by which the Paperwork Reduction Act
disclosed in the previous EIS. Therefore, communities meet their dietary needs. This proposed action does not require
supplemental NEPA documentation is No other fish and wildlife species are the collection of information for the
not necessary to implement the 2017– predictably available to replace fresh fur purposes of the Paperwork Reduction
2019 fur seal subsistence harvest levels seal meat. Livestock meat shipped to the Act.
proposed in this document. islands is extremely expensive,
represents a dietary alternative rather Executive Order 13132—Federalism
Executive Order 12866 and 13563
than a replacement for fur seal meat, This proposed action does not contain
This proposed action is authorized and is only available when air or barge policies with federalism implications
under 50 CFR 216.72(b) and is not sufficient to warrant preparation of a
service can deliver it. In addition,
significant for the purposes of Executive federalism assessment under E.O. 13132
marine mammals such as fur seals are
Orders 12866 and 13563. because this action does not have
the culturally-preferred meat resource
Regulatory Flexibility Act for Aleuts and other coastal Alaska substantial direct effects on the states,
Natives. on the relationship between the national
The Chief Counsel for Regulation,
government and the states, or on the
Department of Commerce, certified to Explanation of the Criteria Used To distribution of power and
the Chief Counsel for Advocacy of the Evaluate Whether the Action Would responsibilities among the various
Small Business Administration that this Impose ‘‘Significant Economic Impacts’’ levels of government. Nonetheless,
proposed action would not have a
NMFS worked closely with local
significant economic impact on a The proposed action will not place governments in the Pribilof Islands, and
substantial number of small entities. any small entities at a disadvantage these estimates of subsistence use and
The harvest of fur seals on the Pribilof relative to large entities or impose need were prepared by the local
Islands, Alaska, is for subsistence significant economic impacts on any governments in St. Paul and St. George,
purposes only. This action directly small entities. with assistance from NMFS officials.
regulates the subsistence harvest of
northern fur seals by Pribilovians. The The criteria recommended to Executive Order 13175—Native
estimates of subsistence need are determine the significance of the Consultation
derived based on historic harvest levels economic impacts of the action are
profitability and disproportionality. The Executive Order 13175 of November
and direct consultation with the Tribal 6, 2000 (25 U.S.C. 450 Note), the
Governments from each community. guidance states that ‘‘the concept of
profitability may not be appropriate for executive Memorandum of April 29,
NMFS has identified two small entities 1994 (25 U.S.C. 450 note), the American
that may be affected by this action—the a non-profit small organization or a
small government jurisdiction.’’ Based Indian Native Policy of the U.S.
communities of St. Paul and St. George, Department of Commerce (March 30,
both of which have populations less on this guidance NMFS believes
1995), the Department of Commerce’s
than 500. disproportionality is the appropriate
Tribal Consultation Policy (including
standard given that the regulated
Estimate of Economic Impacts on Small the Department of Commerce
entities are small government
Entities Administrative Order 218–8, April 26,
jurisdictions. No large entities are 2012), and the NOAA Procedures for
This action would have no adverse allowed to harvest northern fur seals; Government-to-Government
economic impact and may provide a net therefore the regulatory allowance for Consultation With Federally Recognized
economic benefit for the communities of the small entities on St. Paul and St. Indian Tribes and Alaska Native
St. Paul and St. George. The upper limit George to harvest northern fur seals Corporations (November 12, 2013)
of the estimated subsistence harvest does not create a disproportionate outline the responsibilities of NMFS in
need is unlikely to restrict the number impact that would disadvantage them. matters affecting tribal interests. Section
of animals taken by subsistence users.
Explanation of the Criteria Used To 161 of Public Law 108–100 (188 Stat.
NMFS compared historic harvest levels
Evaluate Whether the Action Would 452) as amended by section 518 of
on each island to the upper and lower
Impose Impacts on a ‘‘Substantial Public Law 108–447 (118 Stat. 3267)
harvest limits. The total annual harvests
Number’’ of Small Entities extends the consultation requirements
on each island have never exceeded the
of E.O. 13175 to Alaska Native
upper limit of the proposed subsistence
The proposed action would not corporations. NMFS has contacted the
need, and have only exceeded the lower
impose adverse economic impacts on tribal governments of St. Paul and St.
limit three times; in 1991 on both
any small entities. Because this action George Islands and their respective local
islands and in 1993 on St. George. The
will not impose significant economic Native corporations (Tanadgusix and
regulated entities will not experience
impacts on any small entities, it will not Tanaq) about setting the next three
any change from the status quo since the
impose impacts on a substantial number years’ harvest estimates and received
proposed allowable subsistence harvest
of small entities. This action may have and considered their input.
levels remain unchanged since 1997.
The subsistence harvest of fur seals beneficial economic impacts on the Dated: May 15, 2017.
provides a local, affordable source of directly regulated Alaska Native Alan D. Risenhoover,
fresh and frozen meat for the residents of St. Paul and St. George and Acting Deputy Assistant Administrator for
jstallworth on DSK7TPTVN1PROD with PROPOSALS
communities’ consumption. Fresh store- will not have an adverse economic Regulatory Programs, National Marine
bought meat is not available on either impact on any small entities. Therefore, Fisheries Service.
St. Paul or St. George Islands. a regulatory flexibility analysis is not [FR Doc. 2017–10089 Filed 5–16–17; 8:45 am]
Subsistence hunting and fishing are the required and none was prepared. BILLING CODE 3510–22–P
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Document Created: 2017-05-18 01:20:28
Document Modified: 2017-05-18 01:20:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of availability; request for comments. | |
| Dates | Comments must be received no later than June 19, 2017. | |
| Contact | Michael Williams, NMFS Alaska Region, 907-271-5117, [email protected] | |
| FR Citation | 82 FR 22797 | |
| RIN Number | 0648-BG71 |
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