[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Proposed Rules]
[Pages 17774-17776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9389]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 970326068-7068-01; I.D. 031197A]
RIN 0648-AJ86


Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest 
Estimates

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

ACTION: Proposed rule.

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SUMMARY: Pursuant to the regulations governing the subsistence taking 
of northern fur seals, this action proposes annual estimates of fur 
seal subsistence need for 1997 through 1999 on the Pribilof Islands, 
Alaska (AK) and summarizes the annual fur seal subsistence harvests on 
St. George and St. Paul Islands (the Pribilof Islands) for 1994 through 
1996.

DATES: Written comments must be received by May 12, 1997.

ADDRESSES: Comments should be addressed to Hilda Diaz-Soltero, Acting 
Director, Office of Protected Resources, (F/PR), 1315 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Steve Zimmerman, (907) 586-7235, or 
Margot Bohan, (301) 713-2322.

SUPPLEMENTARY INFORMATION: The subsistence harvest of northern fur 
seals, Callorhinus ursinus, on the Pribilof Islands, AK, is governed by 
regulations found in 50 CFR part 216, subpart F, Taking for Subsistence 
Purposes. The purpose of these regulations, published under the 
authority of the Fur Seal Act (FSA), 16 U.S.C. 1151 et seq., and the 
Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq., is to 
limit the take of fur seals to a level providing for the subsistence 
needs of the Pribilof residents, while restricting taking by sex, age, 
and season for herd management purposes. To further minimize negative 
effects on the Pribilof Islands'' fur seal population, the harvest has 
been limited to a 47-day season (June 23-August 8).
    Pursuant to the regulations governing the taking of fur seals for 
subsistence purposes, NMFS publishes this summary of the fur seal 
harvest for the previous 3-year period and a projection of the number 
of seals expected to be taken in the subsequent 3-year period to

[[Page 17775]]

meet the subsistence needs of the Aleut residents of the Pribilof 
Islands, AK.

Subsistence Trends and Estimates

    Table 1 shows the number of fur seals taken on the Pribilof Islands 
for subsistence purposes between 1985 and 1996. The annual harvests 
were conducted in the established manner and employed the standard 
methods required under regulations at 50 CFR 216.72. NMFS personnel 
monitored each daily harvest and worked closely with the tribal 
governments of each island to further improve the efficiency of the 
annual harvest and full utilization of the animals taken. NMFS 
personnel also monitored the disposal of by-products of the subsistence 
harvest in an effort to ensure that certain parts, such as bacula, of 
harvested seals were not taken illegally and that waste of edible 
portions was not occurring.
    The number of northern fur seals harvested on St. Paul Island since 
1986 has ranged from 1,077 (1990) to 1,710 (1987) (Table 1). The annual 
subsistence takes on St. George Island since 1986 have ranged from 92 
(1987) to 319 (1993) seals (Table 1). Within the past 6 years, the 
number of fur seals harvested annually has been relatively consistent. 
Since 1991, the average number of seals harvested each year on St. Paul 
and St. George Islands has been 1,563 (range: 1,482 to 1,645) and 241 
(range: 161 to 319), respectively (Table 1). The actual number of 
animals harvested has never reached the upper end of the estimated 
range and has exceeded the lower range in only two (1991 and 1993) of 
the 6 years, 1991-1996.

         Table 4.--Subsistence Harvest Levels for Northern Fur Seals on the Pribilof Islands, 1985-1996         
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                                                       Subsistence estimates           Actual harvest levels    
                      Year                       ---------------------------------------------------------------
                                                     St. Paul       St. George       St. Paul       St. George  
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1985............................................  ..............  ..............           3,384             329
1986............................................     2,400-8,000  800-1,800                1,299             124
1987............................................     1,600-2,400  533-1,800                1,710              92
1988............................................     1,800-2,200   600-740                 1,145             113
1989............................................     1,600-1,800   533-600                 1,340             181
1990............................................     1,145-1,800   181-500                 1,077             164
1991............................................     1,145-1,800   181-500                 1,645             281
1992............................................     1,645-2,000   281-500                 1,482             194
1993............................................     1,645-2,000   281-500                 1,518             319
1994............................................     1,645-2,000   281-500                 1,616             161
1995............................................     1,645-2,000   281-500                 1,525             260
1996............................................     1,645-2,000   281-500                 1,591             232
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Summary of Harvest Operations and Monitoring 1994-1996

    Beginning with the 1995 harvest, the tribal government of St. Paul 
voluntarily eliminated the ``butterfly cut'' as a standard method of 
field dressing harvested seals and resolved to take only whole animals 
off the field as a step toward maximum utilization of harvested seals 
for subsistence purposes. The only exceptions to the removal of whole 
carcasses from the field, as permitted by the tribal government, are: 
(a) Those animals taken to accommodate some of the elder residents who 
are physically unable to butcher whole animals supplied to them by the 
tribal government, and; (b) those carcasses in which the gall bladder 
was inadvertently ruptured, thus contaminating some of the meat with 
bile. During 1995 and 1996, only 44 butterfly cuts (1.3 percent of the 
combined Pribilof total take for these years), were taken from the 
field under these exceptions.
    As a result of the elimination of the butterfly cut as a standard 
field dressing method and since the removal of whole carcasses 
constitutes full utilization of the edible portions of harvested seals, 
NMFS determined that it was no longer necessary to continue the 
percent-use calculations previously applied to the harvest. The 
butterfly cut was never a standard field dressing method on St. George 
Island; therefore, removal of only whole carcasses from the harvesting 
field is now a uniform practice in the Pribilofs.
    Regarding the utilization of the inedible portions of harvested 
seals, the tribal governments of both islands have implemented a 
program that supports full utilization of inedible seal parts for 
traditional arts, crafts, and other uses permitted under regulations at 
50 CFR 216.73. The result has been an expanded use of these materials 
by the Aleut residents and increased fulfillment of the non-wasteful 
harvest requirements.
    During the 1995 and 1996 harvests, NMFS and the tribal governments 
of both islands agreed to conduct an investigation into the 
entanglement of fur seals in marine debris, such as discarded fishing 
netting, rope, and packaging bands. Part of this effort involved 
removing the entangling debris from seals encountered during harvest 
operations. A total of 88 seals (both islands) were temporarily 
restrained on the harvesting fields and, upon successful removal of the 
entangling debris, were released back into their natural environment by 
the sealing crews.

Estimate of Subsistence Need for the Period 1997-1999

    The projected subsistence harvest estimates are given as a range, 
the lower end of which may be exceeded if NMFS is given notice, and the 
Assistant Administrator for Fisheries, NOAA, determines that the annual 
subsistence needs of the Pribilof Aleuts have not been satisfied (50 
CFR 216.72(e)(1)(i)). Conversely, the harvest can be terminated before 
the lower end of the range is reached if it is determined that the 
annual subsistence needs of the Pribilof residents have been met or the 
harvest has been conducted in a wasteful manner.
    In September 1996, NMFS requested that the tribal government of 
each island determine the number of fur seals that would be needed by 
their communities each year for the 3-year period 1997 through 1999. 
The response from the St. Paul Island tribal government was to maintain 
the current range of 1,645-2,000 seals. The St. George Island tribal 
government requested that the lower end range be increased from 281 to 
300 seals and that the upper bound remain at 500 seals.
    In its response to the NMFS request for subsistence need estimates, 
the St. George tribal government also formally requested to be allowed 
to take fur seal

[[Page 17776]]

pups for their traditional potlatch rites. Representatives of the St. 
Paul Island tribal government have made similar requests. Current 
regulations at 50 CFR 216.72(c)(3) prohibit the taking of fur seal 
pups.
    The tribal government of St. George Island also requested an 
increase in the number of allowable haulout areas from which to conduct 
the annual harvest. At present, regulations at 50 CFR 216.72(d)(2) 
limit harvestable locations to two haulouts, which can be harvested no 
more than twice per week. These requests for pups and additional 
haulouts for harvesting will not be addressed in time for this harvest; 
they will be considered through a separate co-management process in the 
future.
    Regarding the proposed increase of the lower end estimate range for 
St. George Island from 281 to 300 seals, the continuing decline of the 
island's economy has resulted in an increased rate of unemployment and, 
thus, a greater reliance on subsistence harvesting of food resources by 
the Aleut residents of St. George Island to meet their needs for the 
1997-1999 period. In response to the information provided by the tribal 
governments of St. Paul and St. George Islands, NMFS proposes that the 
estimated range on St. Paul Island for each of the years, 1997-1999, 
remains the same as was established for the years 1994-1996 (1,645 to 
2,000), and that the annual range on St. George Island for the years, 
1997-1999, be established at 300-500 seals.
    As described earlier in this document, if the Aleut residents of 
either island reach the lower end of this yearly harvest estimate and 
have unmet subsistence needs and no indication of waste, they may 
request an additional number of seals up to the upper limit of the 
respective harvest estimates. The residents of St. George and St. Paul 
Islands may substantiate any additional need for seals by submitting in 
writing the information upon which they base their decision that 
subsistence needs are unfulfilled. The regulations at 50 CFR 
216.72(e)(1)(I) require a suspension of the fur seal harvest for up to 
48 hours once the lower end of the estimated harvest levels is reached. 
The suspension is to last no more than 48 hours, followed either by a 
finding that the subsistence needs have been met or by a revised 
estimate of the number of seals necessary to satisfy the Aleuts' 
subsistence needs.
    NMFS emphasizes that it expects the harvest of fur seals to be non-
wasteful and in full compliance with the regulations specified at 50 
CFR 216.72. The agency will continue to monitor the entire harvest on 
St. Paul Island and a portion of the harvest on St. George Island 
during 1997-1999 to ensure this result.

    Dated: April 2, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-9389 Filed 4-10-97; 8:45 am]
BILLING CODE 3510-22-P