[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29460-29461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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]
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