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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - 50 CFR Part 216
          - [Docket No. 000720213-1140-02; I.D 062000C]
          - RIN 0648-AO40

# AGENCY:

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

# ACTION:

Final estimates of annual fur seal subsistence needs.

# SUMMARY:

Pursuant to the regulations governing the subsistence taking of northern fur seals, NMFS publishes final annual estimates of fur seal subsistence needs for 2000 through 2002 on the Pribilof Islands, Alaska.  These estimates are the same as for the previous 3-year period.  NMFS estimates that the subsistence needs are 1,645-2000 seals on St. Paul and 300-500 seals on St. George.

# DATES:

Effective July 20, 2001.

# FOR FURTHER INFORMATION CONTACT:

Dave Cormany, (907) 271-3024; Michael Payne, (907) 586-7235; or Tom Eagle, (301) 713-2322, ext. 105.

# SUPPLEMENTARY INFORMATION:

                    The subsistence harvest of northern fur seals,                     *Callorhinus ursinus*, by Alaska Native residents of the Pribilof Islands, Alaska, is governed by regulations found in 50 CFR part 216, subpart F, Taking for Subsistence Purposes.  These regulations require NMFS to publish every 3 years a summary of the harvest in the preceding 3 years and a discussion of the number of fur seals expected to be taken over the next 3 years to satisfy the subsistence requirements of residents of the Pribilof Islands (St. Paul and St. George).  After a 30-day comment period, NMFS must publish a final notification of the expected annual harvest levels for the next 3 years.                

On August 9, 2000 (65 FR 48669), NMFS published the summary of the 1997-1999 fur seal harvests and provided a 30-day comment period on proposed estimates of subsistence needs for the years 2000 through 2002.  No comments were received on the proposed estimates or on draft Environmental Assessment.  Final expected annual harvest levels for 2000 through 2002 are 1,645-2000 seals on St. Paul Island and 300-500 seals on St. George Island.  Background information related to these estimates was included in the proposed harvest estimates on August 9, 2000.

## Classification

### National  Environmental  Policy  Act

Pursuant  to  section  102 (2)  of  the  National  Environmental  Policy  Act,  NMFS  prepared  an  Environmental  Assessment  to  accompany  this  action  and  a  Finding  of  No  Significant  Impact  with  respect  to  the  effects  of  the  action  on  the  human  environment.

### Executive  Order  (E.O.)  12866  and  Regulatory  Flexibility  Act

This  rule  has  been  determined  to  be  not  a  significant  rule  under  E.O.  12866.   The  Chief  Counsel  for  Regulation,  Department  of  Commerce,  certified  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration  that  this  action  would  not  have  a  significant  economic  impact  on  a  substantial  number  of  small  entities.   No  comments  were  received  regarding  the  economic  impact  of  this  rule.   Therefore,  the  requirements  to  prepare  a  regulatory  flexibility  analysis  are  not  applicable,  and  none  was  prepared.

### Paperwork  Reduction  Act

This  action  does  not  require  the  collection  of  information.

### Executive  Order  13132-Federalism

This  action  does  not  contain  policies  with  federalism  impacts  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  to  prepare  these  estimates  of  subsistence  needs.

### Executive  Order  13084-Consultation  and  Coordination  with  Indian  Tribal  Governments

E.O.  13084  requires  that  if  NMFS  issues  a  regulation  that  significantly  or  uniquely  affects  the  communities  of  Indian  tribal  governments  and  imposes  substantial  direct  compliance  costs  on  those  communities,  NMFS  must  consult  with  those  governments,  or  the  Federal  government  must  provide  the  funds  necessary  to  pay  the  direct  compliance  costs  incurred  by  the  tribal  governments.   This  action  does  not  impose  substantial  direct  compliance  costs  on  the  communities  of  Indian  tribal  governments.   Accordingly,  the  requirements  of  section  3(b)  of  E.O.  13084  do  not  apply  to  this  action.

Nonetheless,  NMFS  took  several  steps  to  work  with  affected  tribal  governments  to  prepare  and  implement  the   action.   These  steps  included  discussions  on  subsistence  needs  and  mechanisms  to  ensure  that  the  harvest  is  conducted  in  a  non-wasteful  manner.   NMFS  and  the  Tribal  Government  of  St.  Paul  are  negotiating  a  cooperative  agreement  pursuant  to  section  119  of  the  Marine  Mammal  Protection  Act  to  govern  future  harvests.

Dated:   June  15,  2001.

William  T.  Hogarth, 

Acting Assistant  Administrator  for  Fisheries,  National  Marine  Fisheries  Service.

[FR Doc. 01-15649 Filed 6-20-01; 8:45 am]

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