Federal Register I Vol. 55, No. 66 / Thursday, April 5, 1990 / Rules and Regulations 12645

Marine Mammal Laboratory, Seattle, WA. 206—526—4045. - SUPPLEMENTARY INFORMATION Background The Steller (northern) sea lion, Eumetopias jubatus, ranges from Hokkaido, Japan, through the Kuril Islands and Okhotsk Sea, and central , Gulf of , southeast Alaska, and south to central California. There is not sufficient information to consider animals in different geographic regions as separate DEPARTMENT OF COMMERCE populations. The centers of abundance National Oceanic and Atmospheric and distribution are the Gulf of Alaska Administration and Aleutian Islands, respectively. Rookeries (breeding colonies)are found 50 CFR Part 227 from the central Kuril Islands (46~N.) to Ano Nuevo Island California (37~N.); [Docket No. 900387-00871 most large rookeries are in the Gulf of Usting of Steller Sea Lions as Alaska and Aleutian Islands. More than Threatened UnderEndangered 50 Steller sea lion rookeries and a Species Act With Protective greater number of haulout sites have Regulations been identified. In 1985, 68,000 animals were counted AGENCY: National Marine Fisheries in Alaska from Kenai Peninsula to (NMFS). Service NOAA4 Commerce. Island, compared to 140,000 counted in ACTIOW. Emergency interimrule and 1956-60. A 1988 Status Report concluded request for comments. that thepopulation size in 1985 was SUMMARY: The number of Steller probably below 50% of the historic (northern) sea lions (Eumetopias population size in 1956-60 and below jubatus) observed on certain rookeries the lower bound of its optimum in Alaska declined by 63% since 1985 sustainable population level under the arid by 82% since 1960. The declines are Marine Mammal Protection Act, 16 spreading to previously stable areas and U.S.C. et seq. (MMPA). A 1989 survey accelerating. Significant declineshave showed that the number of observed also occurred on the Kuril Islands, animals from Kenai to Kiska declined to USSR. NMFS is listing the Steller sea 25,000 animals. This indicates a decline lion as a threatened species under the of about 82% from 1956-60to 1989 in this Endangered Species Act of 1973, 16 area. The counts are not an estimate of U.S.C. 1531 et seq. (ESA) and is total numbers of animals but include establishing protective regulations as only those animals on the beach emergency interim measures to begin (excluding pups) at the time of the the population recovery process. survey. As such, they can be used to Comments are requested on whether or indicate trends in abundance, rather not the species should be listed as than estimating total species abundance. endangered or threatened, possible Copies of the1988 Status Report and a causes of the decline, and conservation 1989 Update are available from the measures and protective regulations ADDRESSES listed above. needed to prevent further declines. Species abundance estimates during DATES: This emergency rule is effective the late 1970s ranged from 245—290,000 on April 5, 1990, and expires on adult and juvenile animals. Although we December 31, 1990. Comments are do not have current population requested by May 7, 1990. estimates, total counts of sea lions ADDRESSES: Comments should be during the 1989 survey were about mailed to Dr. Nancy Foster, Director, 66,000. with declines reported on the Office ofProtectedResources and Kuril Islands, Aleutian Islands, and the Habitat Programs (F/PR), NMFS, 1335 Gulf of Alaska: East-West Highway, Silver Spring, MD 20910. Alaska 53,000 FOR FURTHER INFORMATION CONTACT: W& OK and CA... .. 4,000 Dr. Charles Karnella, Chief, Protected British Columbia ...... 6,000 Species Management Division, Silver Soviet Union ...... 3,000 Spring, MD, 301—427—2322, or Dr. 60,000 Howard Braham, Director, National 12646 Federal Register I Vol. 55, No. 66 / Thursday, April 5. 1990 / Rules and Regulations

Designation Under the MMPA the ESA. These factors as they apply to lion viruses may be associated with Based on the 1988 Status Report, Steller sea lions are as follows: reproductive failures and deaths in NMFS intended to prepare a proposed A. The present or threatened California sea lions and North Pacific rule to designate theSteller sea lions in destruction, modification, or curtailment fur seals. Chlamydia has not been Alaska as depleted under the MMPA ofits habitat orrange. Steller sea lions studied previously in sea lions, but is and published an Advance Notice of breed on islands in the North Pacific known from studies of Pribilof Island fur Proposed Rulemaking (53FR 16299, May Ocean generally far from human seals. None of these agents is thought to 6, 1988). Most comments expressed habitations. Although rookery space be a significant cause of mortality in strong concern that a depletion availability could be a limiting factor for Steller sea lions. designation for Steller sea lions would this species. there is no evidence of D. The inadequacy ofexisting seriously curtail or possibly end rookery habitat curtailment. In fact, as regulatory mechanisms. Some commercial fishing, especially trawl the number of animals continues to protection for the Steller sea lion is fishing, in the sea lion’s range because decline, rookeries are being abandoned provided under MMPA which prohibits incidental take of depleted stocks was and available rookery space is the taking of Steller sea lions with prohibited by theNMPA. increasing. certain exceptions including an interim In October 1988, the MMPA was The feedinghabitats of Steller sea exemption for commercial fishing. Once amended to include a new section 114 to lions in Alaska may have changed. State 1,350 Steller sea lions have been killed replace most earlier provisions for of Alaska biologists found that incidental to commercial fishing, section granting incidential take authority to populations in the Gulf ofAlaska during 114 of theMMPA requires NMFS to commercial fishermen with an interim the 1980s had slower growth rates, prescribe emergency regulations to exemption system valid until October 1. poorer physical fitness (lower weights, prevent to the maximum extent 1093. The purpose of the new system smaller girth),and lowered birth rates. practicable any further taking. was to provide better information on Some data show a high negative Intentional lethal takes are prohibited. interactions between commercial correlation between the amount of In addition, section 114(g) of the MMPA fisheries and marine mammals and walleye pollock caught and sea lion provides that regulations may be allows commercial fishing operations to abundance trends in the eastern prescribed to prevent taking of a marine continue whether or not depleted stocks Aleutians and central Gulf of Alaska. It mammal species in a commercial fishery or stocks of unknown status were taken. is possible that a reduction in if it is determined that the incidental Information collected during the availability of pollock, the most taking of the marine mammal in that exemption period will be used in the important prey species in most areas, is fishery is having or will likely have a development of a long-term program a contributing factor in the decline in the significant adverse impact on that governing the taking of marine mammals number of Steller sea lions in western marine mammal population stock. The associated with commercial fishing after and central Alaska. MMPA also requires NMFS to preparea October 1, 1993. B. Overutilization for commercial, conservation plan for Steiler sea lions recreationaL scientific, oreducational by December 31, 1990. Petition for Listing purposes. Between 1963—72, over 45,000 E. Other natural or manmadefactors On November 21, 1989, the Steller sea lion pups were commercially affecting its continued existence. Steller Environmental Defense Fund and 17 harvested in the eastern Aleutian sea lions are taken incidental to other environmental organizations Islands and Gulf of Alaska. This harvest commercial fishing operations in the petitioned NMFS for an emergency rule may explain declines seen in these Gulf ofAlaska and the Bering Sea. listing all populations of Steller sea lions areas through the 1970s. Small Between 1973—1988, U.S. observers on in Alaska as endangered and to initiate subsistence harvests of Steller sea lions foreign and joint venture vessels a rulemaking to make that emergency occur in Alaska but are not of sufficient operating in these areas reported 3,661 listing permanent. Under section 4 of the magnitude to contribute to the overall marine mammals taken. Steller sea lions ESA, NMFS determined that the petition decline. A small number has also been accounted for 90% of this observed total. presented substantial information taken for public display and scientific Based on these observed takes and an indicating the action may be warranted research purposes. extrapolation of total tonnage of fish and requested comments (February 22, C. Disease orpredation. Sharks, killer caught over this time period, the total 1990, 55 FR 6301). Comments received in whales and brown bears are known to number of Steller sea lions incidentally response to that notice and this prey on Steller sea lion pups. Mortality killed by theforeign and joint venture emergency rule will be considered in from sharks and bears are not commercial trawl fisheries during 1973— determining whether the species should considered to be significant. When sea 1988 is an estimated 14,000. However, be propoFed for listing as endangered or lion abundance was high, the level of since 1965 the level and rate of observed threatened. mortality from killer whales was incidental take has decreased to the probably not significant but as sea lion point where, by itself, it is not sufficient Summary of Factors Affecting the numbers decline this mortality may to account for the most recently Species exacerbate the decline in certain areas. observed declines. Incidences of An endangered species is any species Disease resulting in reproductive fishermen shooting adult Steller sea which is in danger of extinction failure or death could be a source of lions at rookeries, haul out sites, and in throughout all or a significant portion of increasedmortality in Steller sea lion the water near boats have been its range and a threatened species is any populations, but it probably does not reported, but the magnitude of this species which is likely to become an explain the massive declines in source of mortality is unknown. endangered species within the numbers. Antibodies to two types of Observer programs under the MMPA, foreseeable furture throughout all or a pathological bacteria (Leptospiro and and for the groundfish fisheries of significant portion of its range. Species Chiamydia) and one marine calicivirus Alaska under the Magnuson Fishery may be determined to be endangered or (San Miguel Sea Lion Virus) were found Conservation and Management Act of threatened due to one or more of the five in the blood of Steller sea lions in 1976, as amended, 16 U.S.C. 1801 et seq. factors described in section 4(a)(1) of Alaska. Leptospires and San Miguel sea (Magnuson Act), will assist NMFS in Federal Register /VoI. 55, No. 66 I Thursday, April 5, 1990 I Rules and Regulations 12647 determining whether theincidental take A. Management Actions miles around the principle Steller sea of Steller sea lions during commercial 1. Monitoring incidental take in lion rookeries in the Gulf of Alaska and fishing operations or other observable fisheries. Under theinterim exemption the Aleutian Islands. Rookeries in activities are factors in the decline in the system established by the 1988 MMPA southeastern Alaska, east of 141~W number of these animals in Alaska. amendments, all Category I fisheries are longitude, have not experienced the declines reported in central and western Reasons for Emergency Determination subject to 20—35% observer coverage. Similarly, almost all Federally-licensed Alaska and no buffer zones are As discussed above, the number of vessels in groundfish fisheries off established for these areas. Novessels Steller sea lions observed on certain Alaska will carry observers. All are allowed to operate within the 3-mile rookeries in Alaska declined by 63% groundfishvessels over 125 feet in buffer zones during the period of this since 1985 and by 82% since 1960. The length and all foreign vessels will carry emergency rule. Similarly, no person declines are spreading to previously observers at all times. Each groundfish may approach on land closer than one- stable areas and accelerating. The vessel of 60—125 feet in length will carry half (½)mile or within sight of the listed decline has spread from the eastern observers during 30% of its operations in Steller sea lion rookeries. On Marmot Aleutian Islands, where the decline each three-month period. These Island, no person may approach closer began inthe early1970s, east to the Gulf observer programs, together with than one and one-half (1½)miles from of Alaska, and west to the previously estimates of fishing effort, will be used theeastern shore. Marmot Island has stable central Aleutian Islands. to make monthly estimates of the level traditionally been the most important Significant declines have also occurred of incidental kill of Steller sea lions in Steller sea lion rookery in Alaska and on the Kuril Islands, USSR. The rates of observed fisheries. NMFS may also theeastern beaches are used throughout decline in the eastern Aleutian Islands establish additional observer programs theyear by Steller sea lions. and the western Gulf of Alaska are in other fisheries under the authority in The purposes of the buffer zones increasing. The cause(s)of these this emergency rule. These actions will include restricting the opportunities for declines have not beendetermined, and allow NMFS to monitor a quota or catch individuals to shoot at sea lions and essential research is continuing. limit for Steller sea lions. facilitating enforcement of this NMFS concludes that the Steller sea 2. Enforcement. NMFS intends to restriction; reducing the likelihood of lion should be listed as a threatened aggressively enforce these regulations, interactions with sea lions, such as species on an emergency interim basis especially as they relate to intentional, accidents or incidental takings in these and believes that immediate lethal takes of Steller sea lions. areas where concentrations of these implementation of the protective Enforcement resources will be provided, animals are expected to be high; measures of the ESAwill aid recovery to theextent possible. to cover areas minimizing distrubances and efforts. and seasons where Steller sea lions are interference with sea lion behavior, Available Conservation Measures most vulnerable, to initiate an active especially at pupping and breeding sites; TIP/Reward Program,and to promote and, avoiding or minimizing other Conservation measures for species public awareness. related adverse affects. Exceptions are that are listed as endangered or 3. Establishmentofa Recovery provided for emergency situations and threatened under the ESAinclude Program. NMFS is establishing a navigational transit of certain recognition, recovery actions. Recovery Team to provide passageways and straits. Furthermore, a implementation of certain protective recommendations on further mechanism is provided to allow the measures, and designation and conservation measures. Members of the Regional Director, with the concurrence protection of critical habitat. Section North Pacific Fishery Management of theAssistant Administrator, to 7(a) of theESA requires Federal Council, the Marine Mammal provide exemptions for certain agencies to carry out programs for the Commission, state agencies, and other activities. All exemptions must be in conservation of endangered and prominent scientists and writing and obtained in advance of the threatened species. Section 7(b) requires environmentalists will be invited to activity. In order to be eligible for an that each Federal agency insure that any participate in developing and exemption, theactivity must not have a action authorized, funded, or carried out implementing a recovery program. The significant adverse impact on sea lions, by the agency is not likely to jeopardize Pacific States Marine Fisheries the activity must have been conducted the continued existence of a listed Commission, in emergency consultation historically or traditionally in the buffer species or result in thedestruction or with interested parties. held a workshop zones, and there must be no feasibly adverse modification of its critical on February 21—22 to identify and assess available and acceptable alternative to habitat. additional possible actions that might be or site for the activity. In the case of the Steller sea lion, undertaken on an emergency basis. An exception is included in the Federal actions most likely to affect this regulations for conducting research on species include approval and B. Protective Regulations Steller sea lions provided that the implementation ofFishery Management 1. Prohibit shooting near sea lions. research is authorized by a scientific Plans and regulations under the Although the MMPA prohibits permit issued under the MMPA. Because Magnuson Act, permitted activities intentional lethal take of Steller sea this is an emergency action and NMFS associated with timber, mineral, and oil lions in the course of commercial does not want to delay valuable development on land near rookeries and fishing, fishermen have not been research, NMFS is not requiring a haulout sites, and leasing activities prohibited from harassing sea lions that separate research permit under the ESA. associated with oil and gas exploration are interfering with their gear or catch 3. Establish Incidental Kill Quota. and development on the Outer by shooting at or near them. Since these When the MMPA was amended in 1988 Continental Shelf. practices may result in inadvertent to require emergency regulations once In addition, the following emergency mortalities, NMFS is prohibiting 1,350 Steller sea lions were incidentally conservation measures are being shooting at or near Steller sea lions. killed in any year, the population implemented by NMFS to facilitate 2. Establish BufferZones. NMFS is numbers were based, in part, on 1985 recovery of the Steller sea lion: establishing a buffer zone of 3 nautical data. In four study areas in Alaska, 12648 Federal Register I Vol. 55, No. 66 / Thursday, April 5, 1990 / Rules and Regulations

Steller sea lions declined by an average Classification Authority: 16 U.S.C. 1531 et seq. of 63% from 1965 to 1989. Therefore, as Since the Assistant Administrator for 2. Section 227.4 is amended by adding an emergency interimmeasure NMFS Fisheries, NOAA. has determined that a new paragraph (f) from April 5, i990 believes that theincidental killing of the present situation poses a significant through December 3, 1990, to read as more than 675 Steller sea lions on an risk to the well-being of Steller sea lion follows: annual basis should be prohibited in populations, emergency regulations can § 227.4 EnumeratIon ofthreatened Alaskan waters and adjacent areas of be issued under section 4(b)(7) of the species. the U.S.Exclusive EconomicZone (EEZ) ESA. The Assistant Administrator finds ** * * * west of 141 W longitude. The most that reasons justifying promulgation of (11 Steller (northern) sea lion serious declines in numbers of Steller this rule on an emergency basis make it (Eumetopiasjubatus). sea lions have occurred in this area. As impracticable and contrary to the public 3. Section 227.12 is added to supbart B discussed above, in association with interest to provide notice and from April 5, 1990, through December 3, this quota, NMFS is instituting a more opportunity for prior comment or to 1990, to read as follows: efficient monitoring system. If NMFS delay for 30 days its effective date under determines and publishes notice that 675 section 533(b) and (dJ of the § 227.12 Stetter sea lion. Steiler sea lions have been killed in this Administrative Procedure Act. (a) Prohibitions—(1) No discharge of area during 1990, it will be unlawful to Section 4(b){1) of theESA restricts the firearms. Except as provided in kill any additional Steller sea lion. information which may be considered paragraph (b) of this section,no person Animals killed during 1990 prior to the when assessing species for listing. Based subject to the jurisdiction of theUnited publication of this emergency rule will on this limitation and the opinion in States may discharge a firearm at or be counted against this quota. NMFS Pacific LegalFoundation v. Andrus, 675 near a Steller sea lion. A firearm is any may issue emergency rules to allocate F. 2d 829 (6th dr., 1981), NMFS has weapon, such as a pistol or rifle, categorically excluded all listing actions the quota among various fisheries, capable of firinga missile using an establish closed areas, or take other under the ESA from environmental explosive charge as a propellant. assessment requirements of the National (2) No approach in buffer areas. action to ensure that commercial fishing Environmental Policy Act (48 FR 4413— operations do no exceed the quota. Exceptas provided inparagraph (b) of 23, February 6, 1984). this section; Critical Habitat As noted in the Conference report on (1) No owner or operator of a vessel the 1982 amendments to the ESA, may allow the vessel to approach within The ESA requires that critical habitat economic considerationshave no 3 nautical miles of a Steller sea lion be specified to themaximum extent relevance to determinations regarding rookery site listed in paragraph (a)(3) of prudent and determinable at the time the status of species. Therefore, the this section; the species is proposed for listing. NMFS economic analysis requirements of (ii) No person may approach on land intends to propose critical habitat at the ExecutiveOrder 12291, the Regulatory not privately owned within one-half earliest possible date as a part of the Flexibility Act, and thePaperwork statutory mile or within sight of a Steller permanent rulemaking. NMFS will Reduction Act are not applicable to the sea lion rookery site listed in paragraph consider physical and biological factors lising process. (a)(3) of this section, whichever is essential tothe conservation of the greater, except on Marmot Island; and species that may require special List of Subjects in 50 CFR Part 227 (iii) No person may approach on land management consideration or Endangered and Threatened species, not privately owned within oneand one- protection. These habitat requirements Exports, Imports, Marine mammals, half statutory miles or within sight of the include breeding rookeries, hauiout Transportation. eastern shore of Marmot Island, sites, feeding areas and nutritional Dated: April 2, 1990. including the Steller sea lion rookery requirements. In describing critical site listed in paragraph (a){3) of this William W. Fox, Jr., section, whichever is greater. habitat, NMFS will take into AssistantAdministratorforFisheries. consideration terrestrial habitats (3) Listed sea lion rookery sites. adjacent to rookeries and their need for PART 227—EAMENDED] Listed Steller sea lion rookery sites protection from development and other consist of the rookeries in theAleutian 1. The authority citation for part 227 Islands and theGulf of Alaska listed in uses, such as logging or mining. continues to read as follows: Table 1.

TABLE 1.—LISTED STELLER SEA LION ROOKERY SITES 1

From To NOAA Lat. Long. Let Long. chart Notes

Outer I 59’20.5 N 1 50’23.O W 51’21.0 N I50’24.5 W 16681 S quadrant Sugartoaf I. 58~53.ON 1 5202.O W 16580 whole island. Marmot I.... 58’1~30N 151’48.O W 58’09.5 N 151’52.0 W 16580 SE quadrant Chinkof I... 55’47.5 N 155’33.5 W 65’48.5 N 155’43.0 W 16580 S quadrant ~ I 56’02.O N I 56~41.0 W 56’01.5 N 156.44.0 W 16013 S quadrant. Atkins I — 55’03.5 N 15998.5 W 16540 whole island. Chemabura I..._. 54’47.5 N 159’31.0 W 54’45.5 N 15933.5 W 16540 SE corner. Pinnacle Rock 54~46ON 161’46.O W 16540 whole island. Clubbing Rks(N). 54’43.O N 162’26.5 W 16540 whole island. Clubbing Rks(S). 54’42.O N 162~26.5W 16540 whole island. Sea Lion Rks._~ 55’28.O N 163’12.O W 16520 whole island. Ugamak L 5414.O N 16448.0 W 54’t3.0 N 164’48.0 W 16520 E end of island. 5497.5 N 165’34.O W 54’te.O N 165’31.0 W 16520 BiHings Head Bight Akutar I 54’OS.S N t66’OO.0 W 54’05.5 N t66’05.0 W 16520 SW corner, Cape Morgan. Federal Register / Vol. 55, No. 66 / Thursday, April 5, 1990 / Rules and Regulations 12649

TABLE 1.—LISTED STELLER SEA LION ROOKERY SITES ‘—Continued

From To . Island hAA Notes Lat. Long. Lat. Long. c a

Bogoslot I 53’56.0 N 16802.0 W 16500 whole island. Ogchul I 53~00.ON 168’24.0 W 16500 whole island. Adugak I 52’54.5 N 169’09.5 W 16500 whole island. Yunaska I .. 5242.0 N 170’38.5 W 52’41.0 N 170’34.5 W 16500 NE end. Seguam I 52’21.0 N 172’35.O W 52’21.0 N 17233.0 W 16480 N coast, Saddlendge Pt. Agligadalt I 52°06.25N 17254.0 W 16480 whole island. Kasatochi I 52’10.0 N 175’31.0 W 5210.5 N 175’29.0 W 16480 N half of island. Adak I 51 ‘36.0 N 1 76’55.5 W 51 ‘38.0 N 1 76’59.0 W 16460 SW point, Cape Yakak. Gramp rock 51’29.0 N 178~20.5W 16460 whole island. Tag I 5133.5 N 178~34.5W 16460 whole island. Ulak I 51’20.0 N 17857.0W 5118.5 N 178~59.5W 16460 SE corner, Hasgox Pt. Sernisopochnoi 5158.5 N 179’45.5 E 51~57.0N 17946.0 E 16440 E quadrant, Pochnoi Pt. Semisopochnoi 52~01.5N 179’37.5 E 52’01.5 N 17939.0 E 16440 N quadrant, Petrel Pt. I 51’23.5 N 179’26.0 E 51’22.0 N 179’23.0 E 16440 East Cape. Amchitka I 51’32.5 N 178’50.0 E 16440 Column Rocks. Ayugadak Pt 51’45.5 N 178’24.5 E 16440 SE coast of Rat I. Kiska I 51’56.5 N 177’lg.O E 51’58.0 N 177’20.5 E 16440 W central, Lief Cove. KiskaI IEach site extends from the first coordinates51’53.0listedN for latitude177’13.0andElongitude51’54.0alongNthe shoreline177’14.Oat meanE lower16440low waterCapeto St.theStephen.second coordinates listed; or, if only one set of coordinates is listed, the site extends around the entire shoreline of the island at mean lower low water.

BIWNG CODE 3510-22-M 5910N

59~257J I

58°50

59°20~

58°30

Rookery 3 Mile buffer zone Chart 16681

I 50’30’W 1 50c20 1 52°30W 15~°00’ 56 20N

58°40’N

CD a- CD I

ChIrIkof Island Rookery 0 0’ .56~00’ Cl’ z C

58°20’ -3

Cl) a- 0)

‘C

‘-1

Cii

.55~’4O’

58°00’ — Rookery 3 Mile butler zone Chart 16580 1 52~30’W 152~00 151’30’ 156°00’W I55’30’ 155 00 a,

56°30’N a-CD CD 55’lON Chowiet Islands Rookery Big Konluji I.

‘I I. C Semidi Islands Cii Cii z ‘55°00 0 C’ I. C) 58010~

ci~ ~Simeonot I. 0~ Chowlet I. Chernabura I ‘~1 ~5450• Cii Chernabura and Atkins Island Rookeries Co CO

CD 55°50’ Ca

Rookery 3 Mile buffer zone Chart 16013 — Rookery 3 Miletaller zone Chart 16540 ‘:1 156°30’ CD 157°00W 1 59°30’W 159°00 00

0 55°1ON 55°OON

i.e

0

Cii Cii

0z C) C)

a-

‘~0 54’50 54~0O ‘1 Cii

0

CD Cl) 0) a-

CD 162°OOW 161~30’ l62~40W 162 20 162~O0 0) 0 Cl, 12654 Federal Register / Vol. 55, No. 66 / Thursday, April 5, 1990 / Rules and Regulations

0 0

C.) 0 U) U)

0 0 C,) CD

C.) 01 CO 54°0ON a- CD 0)i.e

CD 00 ‘I)

‘l

0

Cii (11

0 C, C)

C ‘i aC) - 0) 53~4O ‘C

‘l

Cii

CO Co 0

C CD C) 0) :3 a-

CD 166 00W 165~30 168~0OW 167 30 00 C Ci 0 :3 C)

C, vuCii a~11 CD

53°20’N

a

C

53’OO

1 68°30W 168°OO ALASKA

- 53 00’N 8(/~’NG 52~30’N CD Bering Sea a- CD 0)

CD 00 C,) CD Vunaska Island Rookery ‘1

0

01 C~1

0 C, C)

“l Cl) a- 5240’ 0) 52 10’

01

CO Co ©

CD Cl) 0) — Rookery 3 Mile buffer zone Chart 16500 a-

171 ~0OW 1 70~30 CD 00 0) 0 Cl)

C, 01 a,

~1

52 OUN 52’20’N

C,)

51 40 52 00

175 30W i75~O0’ 1 77°OO’W 1 76~3O’ •51°50’N

- 51°40N

Tag Island and Gramp Rock Rookeries Kavalga I. Iinalga I.

Ogliuga I. UIak Island Rookery

Kavalga I.

•51°30’ Gramp — 51~20

Arnatignak I.

Rookery 3 Mile buffer zone Chart 16460 — Rookery 3 Mile buffer zone Chart 16450 178~50’W 17830’ 1 79’20’W 179 00’

vuC, Ca a,

iii CD a- CD 0) -52°1O’N 51 O40•IiJ

CD 00 Semisopochnol Island Rookeries Cl) CD P1

0 Cii Cli

0z C) C)

-3 :3- ~1C 0) 0)

‘C ‘l 51°20’ 51°50’ Cii

CO Co 0

C CD Cl) 0) :3 — Rookery 3 Mile buffer zone Chart 16460 a-

1 79C30W 180°OO’ I 79°OO’E CD 1 79c20 1 79 40’ 00 C 0) 0 :3 Ca Federal Register / Vol. 55, No. 60 / Thursday April 5, 1990 / Rules and Regulations

z 0 0

01 i0 I’,

0 C.,

Ui 0

N

z 0 0 0 01 Cl) U) a0 0)

LU C., CO N

BIWNO CODE 3510-22-C 12662 Federal Register / Vol. 55, No. 66 / Thursday, April 5, 1990 / Rules and Regulations

(4) Quota.—If the Assistant authorized by a scientific research national defense or the performance of Administrator determines and publishes permit issued under theprovisions of other legitimate governmental notice that 675 Steller sea lions have theMarine Mammal Protection Act of responsibilities. been killed incidentally in the course of 1972 (16 U.S.C. 1361 et seq.) and (3) Subsistence takings by Alaska commercial fishing operations in implementing regulations (50 CFR natives.—Paragraph (a) of this section Alaskan waters and adjacent areas of § 216.31) that authorizes the taking of does not prohibit or restrict the taking of the U.S. Exclusive Economic Zone (EEZ) Steller sea lions. Steller sea lions permitted under section west of 141’ W longitude during the 1990 (2) Official activities—Paragraph (a) 10(e) of the Act. calendar year, then it will be unlawful to of this section does not prohibit or kill any additional Steller Sea lion in restrict aFederal, state or local (4) Navigational transit.—Paragraph this area. In order to monitor this quota, government official, or his or her (a)(2) of this section does not prohibit a the NMFS Alaska Regional director may designee, who is acting in thecourse of vessel in transit from passing through a require the placement of an observer on official duties: listed strait, narrows, or passageway if any fishing vessel. The Assistant (i) From taking a Steller sea lion in a the vessel maintains the minimum Administrator may issue emergency humane manner, if the taking is for: specified distance from the rookery site. rules to allocate thequota among (A) The protection or welfare of the The listing of a strait, narrow or various fisheries, establish closed areas, animal; passageway does not indicate that the or take other action to ensure that (B) The protection of the public health area is safe for navigation. The listed commercial fishing operations do not and welfare; or straits, narrows and passageways exceed this quota. (C) The nonlethal removal of nuisance include the following and any other (b) Exceptions.—(1) Permitted animals; or similar areas listed by the Regional activities.—Paragraph (a) of this section (ii) From entering the buffer areas to Director: does not apply to any activity perform activities that are necessary for

Rookery Strait, narrows, or pass

Sugarloaf Island Between Sugarloaf Island and East or West Amatuli Islands or between East and West Amatuli Islands 0.5 nautical miles (n.m.) Chowiet Island Between chowiet Island and Kateekuk. Anawik, Kiliktagik, or SukIif Islands 0.5 n.m. Clubbing Rocks Between Clubbing Rocks and Chernl Island 2.0 n.m. Between and Sea Lion Rock 1.0 n.m. Ugamak Strait between Ugamak Island and 1.0 n.m. Akutan Pass between cape Morgan and Unalga Island 1.0 n.m. Ogchul Island Between Ogchul Island and Vsendof Island 0.5 n.m. Ogchul Island Between Ogchul Island and Island 1.0 n.m. Adugak Island Between Adugak Island and Idaliuk Point 1.0 n.m. Tag Island Skagul Pass between Skagul Island and Oglluga Island 2.0 n.m. Between Hasgox Point and Amatignak Island 1.0 n.m. Amchitka Island Between Column Rocks and Amchitka Island 5.0 n.m.

(5) Emergency situations.—Paragraph Director may publish in the Federal (c) Penalties.—(1) Any person who (a)(2) of this section does not apply to Register or issue a written exemption violates this section or the Endangered an emergency situation in which authorizing activities that otherwise are Species Act is subject to the penalties compliance with that provision presents prohibited under paragraph (a)(2) of this specified in section 11 of the Act, and a threat to the health, safety, or life of a section. An exemption may be granted any other penalties provided by law. person or presentsa significant threat to only if the activity will not have a (2) Any vessel used in violation of this the vessel or property. significant adverse impact on Steller sea section or the Endangered Species Act is (6) Exemptions.—Paragraph (a)(2) of lions, the activity has been conducted subject to forfeiture under section this section does not apply to an activity historically or traditionally in the buffer 11(e)(4)(B) of theAct. authorized by a prior published or zones, and there is no feasibly available [FR Doc. 90—7924 Filed 4—3—90; 8:45 am) written exemption. With the and acceptable alternative to or site for concurrence of theAssistant BILLING CODE 3510-22-M the activity. Administrator, the Alaska Regional