83 FR 29460 - Extension of Opening Date for Subsistence Taking of Northern Fur Seals on the Pribilof Islands; St. George Island

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 122 (June 25, 2018)

Page Range		29460-29461
FR Document		2018-13576

NMFS is extending the opening date of the subsistence use season of the Eastern Pacific stock of northern fur seals (Callorhinus ursinus) by opening the season on June 20, 2018, in response to a request from the Traditional Council of St. George Island, Tribal Government. The subsistence use regulations at 50 CFR 216.72(a) authorize the extension of the northern fur seal harvest earlier than the scheduled opening date of June 23. The opening of the season three days earlier is intended to provide meat for the community of St. George Island in response to the unavailability of food in the community store due to unforeseen flight cancellations and the complete consumption of fur seal meat from harvests in 2017.

Federal Register, Volume 83 Issue 122 (Monday, June 25, 2018)

[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29460-29461]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13576]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

RIN 0648-XG306


Extension of Opening Date for Subsistence Taking of Northern Fur 
Seals on the Pribilof Islands; St. George Island

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; extension of opening date.

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SUMMARY: NMFS is extending the opening date of the subsistence use 
season of the Eastern Pacific stock of northern fur seals (Callorhinus 
ursinus) by opening the season on June 20, 2018, in response to a 
request from the Traditional Council of St. George Island, Tribal 
Government. The subsistence use regulations at 50 CFR 216.72(a) 
authorize the extension of the northern fur seal harvest earlier than 
the scheduled opening date of June 23. The opening of the season three 
days earlier is intended to provide meat for the community of St. 
George Island in response to the unavailability of food in the 
community store due to unforeseen flight cancellations and the complete 
consumption of fur seal meat from harvests in 2017.

DATES: The opening for the sub-adult male fur seal harvest is effective 
at 12:01 a.m., Alaska local time, June 20, 2018, until 11:59 p.m., 
Alaska local time, August 8, 2018, per the regulations at 50 CFR 
216.72(d)(1).

FOR FURTHER INFORMATION CONTACT: Michael Williams, NMFS Alaska Region, 
907-271-5117, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    St. George Island is a remote island located in the Bering Sea 
populated by Alaska Native residents who rely upon marine mammals as a 
major food source and cornerstone of their culture. Regulations issued 
under the authority of the Fur Seal Act authorize Pribilovians to take 
fur seals on the Pribilof Islands if such taking is for subsistence 
uses and not accomplished in a wasteful manner (50 CFR 216.71).
    The residents of St. George Island are currently authorized by 
regulations under the FSA Section 105 (16 U.S.C. 1155) to harvest male 
fur seals 124.5

[[Page 29461]]

centimeters or less in length for subsistence use each year from June 
23 to August 8. The regulation at 50 CFR 216.72(a) includes the 
provision that the harvests of seals on St. Paul and St. George Islands 
shall be treated independently for the purposes of this section. Any 
suspension, termination, or extension of the harvest is applicable only 
to the island for which it is issued. The Traditional Council of St. 
George Island, Tribal Government (Traditional Council) has requested 
that NMFS extend the opening date of the subsistence use season for 
sub-adult male fur seals earlier than the scheduled opening date of 
June 23 (50 CFR 216.72(d)(1)). The extension of the opening date is 
intended to respond to this emergency request. The extension will 
ensure additional days to conduct the subsistence harvest in order 
provide meat for the community of St. George Island in response to the 
unavailability of food in the community store due to unforeseen flight 
cancellations and the complete consumption of fur seal meat from 
harvests in 2017. NMFS has determined that the extension of the harvest 
to an earlier date is permissible and should be authorized.
    On July 31, 1992 (57 FR 33900) NMFS issued a final rule removing 
the option to extend the harvest past August 8, but authorized the 
harvest to start on June 23 rather than June 30. NMFS anticipated in 
the notice (57 FR 33901, July 31, 1992) that there would be no adverse 
impacts on the population from an earlier June harvest because sub-
adult males dominate the harvest areas on the hauling grounds at this 
time of year, and few if any female seals have returned to St. George 
Island in June. In extending the opening date for the 2018 season, NMFS 
does not expect that female fur seals would be accidentally killed 
during the few early days of the sub-adult male harvest, and there is 
no evidence from prior commercial or subsistence harvests that females 
were accidentally taken prior to mid-July (NMFS unpublished data). The 
subsistence use suspension and termination provisions based on female 
mortality remain in effect (50 CFR 216.72(f)(1)(iv) & (g)(3)).
    All other regulatory controls applicable to the subsistence use of 
sub-adult males on St. George Island at 50 CFR 216.72(d)(1)-(5) still 
apply, including the total number of fur seals (500) that may be 
harvested per year on St. George Island (82 FR 39044, August 17, 2017).

Classification

    This action responds to the urgent subsistence need of the 
Pribilovians on St. George Island. The Assistant Administrator for 
Fisheries, NOAA, (AA), determined that this rule is consistent with the 
Fur Seal Act (16 U.S.C. 1155) and regulations (50 CFR 216.71-216.74). 
The AA finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B). Allowing prior notice and opportunity for 
public comment on the extension of the opening date is unnecessary 
because the rule establishing the extension of the opening procedures 
has already been subject to notice and comment, and all that remains is 
to notify the public of the extension of the opening date. 
Additionally, allowing for prior notice and opportunity for public 
comment for this extension of the opening date is contrary to the 
public interest because it requires time, thus delaying the removal of 
a restriction and thereby reducing socio-economic benefits to community 
of St. George Island. In the absence of this action, the residents of 
St. George Island would be prohibited from harvesting fur seals 
currently necessary to subsistence uses due to unforeseen events prior 
to the scheduled opening of the subsistence use season. For the 
aforementioned reasons, it is impracticable and contrary to the public 
interest to delay for 30 days the effective date of this action, and, 
accordingly, the AA also finds good cause to waive the 30-day delay in 
effectiveness of this action under 5 U.S.C. 553(d)(3) and to make this 
action effective on the date specified herein. This action is 
authorized by 50 CFR 216.72(a) and is exempt from review under 
Executive Order 12866. Because prior notice and opportunity for public 
comment are waived under 5 U.S.C. 553, the analytical requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 601-612, are inapplicable.

    Authority: 16 U.S.C. 1155(a).

    Dated: June 20, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-13576 Filed 6-20-18; 4:15 pm]
 BILLING CODE 3510-22-P

29460 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations

of the Paperwork Reduction Act (44 PART 62—APPROVAL AND DEPARTMENT OF COMMERCE
U.S.C. 3501 et seq.); PROMULGATION OF STATE PLANS
• Is certified as not having a FOR DESIGNATED FACILITIES AND National Oceanic and Atmospheric
significant economic impact on a POLLUTANTS Administration
substantial number of small entities
under the Regulatory Flexibility Act (5 ■ 1. The authority citation for part 62 50 CFR Part 216
U.S.C. 601 et seq.); continues to read as follows: RIN 0648–XG306
• Does not contain any unfunded Authority: 42 U.S.C. 7401 et seq.
Extension of Opening Date for
mandate or significantly or uniquely
Subsistence Taking of Northern Fur
affect small governments, as described Subpart EE—New Hampshire
Seals on the Pribilof Islands; St.
in the Unfunded Mandates Reform Act
George Island
of 1995 (Pub. L. 104–4); ■ 2. Add an undesignated center
• Does not have Federalism heading and § 62.7465 to subpart EE to AGENCY: National Marine Fisheries
implications as specified in Executive read as follows: Service (NMFS), National Oceanic and
Order 13132 (64 FR 43255, August 10, Atmospheric Administration (NOAA),
Air Emissions From Existing Sewage Commerce.
1999);
Sludge Incineration Units
• Is not an economically significant ACTION: Temporary rule; extension of
regulatory action based on health or § 62.7465 Identification of plan— opening date.
safety risks subject to Executive Order delegation of authority.
SUMMARY: NMFS is extending the
13045 (62 FR 19885, April 23, 1997); (a) Letter from the New Hampshire opening date of the subsistence use
• Is not a significant regulatory action Department of Environmental Services season of the Eastern Pacific stock of
subject to Executive Order 13211 (66 FR (NH DES), submitted November 14, northern fur seals (Callorhinus ursinus)
28355, May 22, 2001); 2017, requested delegation of authority by opening the season on June 20, 2018,
• Is not subject to requirements of from the EPA to implement and enforce in response to a request from the
Section 12(d) of the National the Federal Plan Requirements for Traditional Council of St. George Island,
Technology Transfer and Advancement Sewage Sludge Incineration Units Tribal Government. The subsistence use
Act of 1995 (15 U.S.C. 272 note) because Constructed on or before October 14, regulations at 50 CFR 216.72(a)
application of those requirements would 2010 (SSI Federal Plan). The SSI Federal authorize the extension of the northern
be inconsistent with the Clean Air Act; Plan will be administered by both the fur seal harvest earlier than the
and NH DES and the EPA pursuant to 40 scheduled opening date of June 23. The
opening of the season three days earlier
• Does not provide EPA with the CFR part 62 subpart LLL.
is intended to provide meat for the
discretionary authority to address, as (b) Identification of sources. The SSI community of St. George Island in
appropriate, disproportionate human Federal Plan applies to owners or response to the unavailability of food in
health or environmental effects, using operators of existing facilities that meet the community store due to unforeseen
practicable and legally permissible all three of the following criteria: flight cancellations and the complete
methods, under Executive Order 12898
(1) The SSI unit(s) commenced consumption of fur seal meat from
(59 FR 7629, February 16, 1994).
construction on or before October 14, harvests in 2017.
In addition, this rulemaking does not 2010; DATES: The opening for the sub-adult
apply on any Indian reservation land or male fur seal harvest is effective at 12:01
in any other area where EPA or an (2) The SSI unit(s) meets the
definition of an SSI unit as defined in a.m., Alaska local time, June 20, 2018,
Indian tribe has demonstrated that a until 11:59 p.m., Alaska local time,
tribe has jurisdiction. In those areas of § 62.16045; and
August 8, 2018, per the regulations at 50
Indian country, the rule does not have (3) The SSI unit(s) is not exempt CFR 216.72(d)(1).
tribal implications and will not impose under § 62.15860.
FOR FURTHER INFORMATION CONTACT:
substantial direct costs on tribal (c) On December 18, 2017 Mr. Robert Michael Williams, NMFS Alaska
governments or preempt tribal law as
R. Scott, Commissioner of NH DES, Region, 907–271–5117,
specified by Executive Order 13175 (65
signed the Memorandum of Agreement michael.williams@noaa.gov.
FR 67249, November 9, 2000).
(MoA) which defines the policies, SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 62 responsibilities, and procedures by
which the SSI Federal Plan will be Background
Environmental protection, Air administered. On December 22, 2017, St. George Island is a remote island
pollution control, Administrative Mr. Ken Moraff, as Acting Regional located in the Bering Sea populated by
practice and procedure, Carbon Alaska Native residents who rely upon
Administrator of EPA Region 1, signed
monoxide, Intergovernmental relations, marine mammals as a major food source
the MoA.
Lead, Nitrogen dioxide, Particulate and cornerstone of their culture.
matter, Reporting and recordkeeping (d) The delegation is fully effective as
Regulations issued under the authority
requirements, Sulfur oxides, Waste of December 22, 2017.
of the Fur Seal Act authorize
treatment and disposal. [FR Doc. 2018–13552 Filed 6–22–18; 8:45 am] Pribilovians to take fur seals on the
Dated: June 18, 2018. BILLING CODE 6560–50–P Pribilof Islands if such taking is for
amozie on DSK3GDR082PROD with RULES

Alexandra Dunn, subsistence uses and not accomplished
Regional Administrator, EPA Region 1. in a wasteful manner (50 CFR 216.71).
The residents of St. George Island are
Part 62 of chapter I, title 40 of the currently authorized by regulations
Code of Federal Regulations is amended under the FSA Section 105 (16 U.S.C.
as follows: 1155) to harvest male fur seals 124.5

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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Rules and Regulations 29461

centimeters or less in length for St. George Island. The Assistant DEPARTMENT OF COMMERCE
subsistence use each year from June 23 Administrator for Fisheries, NOAA,
to August 8. The regulation at 50 CFR (AA), determined that this rule is National Oceanic and Atmospheric
216.72(a) includes the provision that the consistent with the Fur Seal Act (16 Administration
harvests of seals on St. Paul and St. U.S.C. 1155) and regulations (50 CFR
George Islands shall be treated 216.71–216.74). The AA finds good 50 CFR Part 660
independently for the purposes of this cause to waive the requirement to [Docket No. 180320301–8551–02]
section. Any suspension, termination, or provide prior notice and opportunity for
extension of the harvest is applicable RIN 0648–XG121
public comment pursuant to the
only to the island for which it is issued.
authority set forth at 5 U.S.C. 553(b)(B). Fisheries Off West Coast States;
The Traditional Council of St. George
Allowing prior notice and opportunity Coastal Pelagic Species Fisheries;
Island, Tribal Government (Traditional
Council) has requested that NMFS for public comment on the extension of Annual Specifications
extend the opening date of the the opening date is unnecessary because
the rule establishing the extension of the AGENCY: National Marine Fisheries
subsistence use season for sub-adult Service (NMFS), National Oceanic and
male fur seals earlier than the scheduled opening procedures has already been
Atmospheric Administration (NOAA),
opening date of June 23 (50 CFR subject to notice and comment, and all
Commerce.
216.72(d)(1)). The extension of the that remains is to notify the public of
ACTION: Final rule.
opening date is intended to respond to the extension of the opening date.
this emergency request. The extension Additionally, allowing for prior notice SUMMARY: NMFS issues this rule to
will ensure additional days to conduct and opportunity for public comment for implement annual management
the subsistence harvest in order provide this extension of the opening date is measures and catch limits for the
meat for the community of St. George contrary to the public interest because it northern subpopulation of Pacific
Island in response to the unavailability requires time, thus delaying the removal sardine, for the fishing year lasting from
of food in the community store due to of a restriction and thereby reducing July 1, 2018, through June 30, 2019.
unforeseen flight cancellations and the socio-economic benefits to community This action includes a prohibition on
complete consumption of fur seal meat of St. George Island. In the absence of directed commercial fishing for Pacific
from harvests in 2017. NMFS has this action, the residents of St. George sardine off the U.S. West Coast, except
determined that the extension of the Island would be prohibited from in the live bait, tribal, or minor directed
harvest to an earlier date is permissible harvesting fur seals currently necessary fisheries. This action is intended to
and should be authorized. conserve and manage the Pacific sardine
to subsistence uses due to unforeseen
On July 31, 1992 (57 FR 33900) NMFS stock off the U.S. West Coast.
issued a final rule removing the option events prior to the scheduled opening of
the subsistence use season. For the DATES: Effective July 1, 2018, through
to extend the harvest past August 8, but June 30, 2019.
authorized the harvest to start on June aforementioned reasons, it is
impracticable and contrary to the public FOR FURTHER INFORMATION CONTACT:
23 rather than June 30. NMFS
anticipated in the notice (57 FR 33901, interest to delay for 30 days the effective Joshua Lindsay, West Coast Region,
July 31, 1992) that there would be no date of this action, and, accordingly, the NMFS, (562) 980–4034, joshua.lindsay@
adverse impacts on the population from AA also finds good cause to waive the noaa.gov.
an earlier June harvest because sub- 30-day delay in effectiveness of this SUPPLEMENTARY INFORMATION: NMFS
adult males dominate the harvest areas action under 5 U.S.C. 553(d)(3) and to manages the Pacific sardine fishery in
on the hauling grounds at this time of make this action effective on the date the U.S. exclusive economic zone (EEZ)
year, and few if any female seals have specified herein. This action is off the West Coast (California, Oregon,
returned to St. George Island in June. In authorized by 50 CFR 216.72(a) and is and Washington) in accordance with the
extending the opening date for the 2018 exempt from review under Executive Coastal Pelagic Species (CPS) Fishery
season, NMFS does not expect that Management Plan (FMP). The FMP and
Order 12866. Because prior notice and
female fur seals would be accidentally its implementing regulations require
opportunity for public comment are
killed during the few early days of the NMFS to set annual catch levels for the
waived under 5 U.S.C. 553, the
sub-adult male harvest, and there is no Pacific sardine fishery based on the
analytical requirements of the annual specification framework and
evidence from prior commercial or Regulatory Flexibility Act, 5 U.S.C. 601–
subsistence harvests that females were control rules in the FMP. These control
612, are inapplicable. rules include the harvest guideline (HG)
accidentally taken prior to mid-July
(NMFS unpublished data). The Authority: 16 U.S.C. 1155(a). control rule, which, in conjunction with
subsistence use suspension and Dated: June 20, 2018.
the overfishing limit (OFL) and
termination provisions based on female acceptable biological catch (ABC) rules
Samuel D. Rauch, III,
mortality remain in effect (50 CFR in the FMP, are used to manage harvest
Deputy Assistant Administrator for levels for Pacific sardine, in accordance
216.72(f)(1)(iv) & (g)(3)).
Regulatory Programs, National Marine with the Magnuson-Stevens Fishery
All other regulatory controls
Fisheries Service. Conservation and Management Act
applicable to the subsistence use of sub-
[FR Doc. 2018–13576 Filed 6–20–18; 4:15 pm] (Magnuson-Stevens Act). Annual
adult males on St. George Island at 50
CFR 216.72(d)(1)–(5) still apply, BILLING CODE 3510–22–P specifications published in the Federal
including the total number of fur seals Register establish these catch limits and
management measures for each Pacific
amozie on DSK3GDR082PROD with RULES

(500) that may be harvested per year on
St. George Island (82 FR 39044, August sardine fishing year.
17, 2017). The purpose of this final rule is to
implement the annual catch levels and
Classification reference points for the 2018–2019
This action responds to the urgent fishing year. This final rule adopts,
subsistence need of the Pribilovians on without changes, the catch levels and

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Document Created: 2018-06-23 02:29:22
Document Modified: 2018-06-23 02:29:22

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		Rules and Regulations
Action		Temporary rule; extension of opening date.
Dates		The opening for the sub-adult male fur seal harvest is effective at 12:01 a.m., Alaska local time, June 20, 2018, until 11:59 p.m., Alaska local time, August 8, 2018, per the regulations at 50 CFR 216.72(d)(1).
Contact		Michael Williams, NMFS Alaska Region, 907-271-5117, [email protected]
FR Citation		83 FR 29460
RIN Number		0648-XG30

83 FR 29460 - Extension of Opening Date for Subsistence Taking of Northern Fur Seals on the Pribilof Islands; St. George Island

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 122 (June 25, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration