[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23990]


[[Page Unknown]]

[Federal Register: September 27, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 092294D]

 

Marine Mammals; Pinniped Removal Authority

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

ACTION: Notice of establishment of a Pinniped-Fishery Interaction Task 
Force and notice of first public meeting.

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SUMMARY: NMFS announces the establishment of a Pinniped-Fishery 
Interaction Task Force (Task Force) on the sea lion/steelhead conflict 
at the Ballard Locks in Seattle, WA. The Task Force is being 
established pursuant to section 120 of the Marine Mammal Protection Act 
(MMPA), as recently amended. Section 120 of the MMPA sets forth a 
process for consideration of intentional lethal taking of individually 
identifiable pinnipeds that are having a significant negative impact on 
salmonids that migrate through the Ballard Locks in Seattle. The first 
Task Force meeting, which is open to the public, coincides with the 
date of establishment of the Task Force.

DATES: The first public meeting of the Task Force, is scheduled for 
September 30, 1994, at 10:00 a.m.

ADDRESSES: The Task Force meeting will be held in the Auditorium, 
Building 9, at NOAA's Western Regional Center, 7600 Sand Point Way NE. 
in Seattle, WA.

FOR FURTHER INFORMATION CONTACT: Joe Scordino, Northwest Region, 206-
526-6143 or Ken Hollingshead, Office of Protected Resources, 301-713-
2055.

SUPPLEMENTARY INFORMATION: NMFS received an application from the State 
of Washington on July 12, 1994, to consider the lethal removal of 
California sea lions that are depredating a wild run of winter 
steelhead as they migrate through the Ballard Locks. In accordance with 
the process set forth in section 120 of the MMPA, NMFS determined that 
the State's application provided sufficient evidence to warrant 
establishment of a Task Force to consider authorizing the intentional 
lethal taking of California sea lions that prey on wild winter-run 
steelhead that migrate through the Ballard Locks in Seattle, WA. Notice 
of receipt and acceptance of the State's application, along with an 
explanation of the process set forth in section 120 of the MMPA, was 
published in the Federal Register on August 2, 1994 (59 FR 39325) with 
a request for public comments. The public comment period closed on 
September 10, 1994, and approximately 100 public comments were 
received.
    NMFS announces that, effective September 30, 1994, the Pinniped-
Fishery Interaction Task Force is established and will have 60 days (in 
accordance with section 120 of the MMPA) or until November 30, 1994 to 
develop and submit its recommendations to NMFS. The Task Force will 
have 21 members consisting of scientists who are knowledgeable about 
the sea lion/steelhead conflict, representatives of conservation and 
fishing community organizations, the State, Indian tribes, NOAA and 
other Federal agencies involved in the conflict at the Locks.
    The Task Force is to review the public comments received in 
response to the Federal Register document and pertinent factual 
information on the sea lion/steelhead interaction and within 60 days:
    1. Recommend to NMFS whether to approve or deny the proposed 
intentional lethal taking of pinnipeds, along with the recommendation a 
description of the specific pinniped individuals, the proposed 
location, time, and method of such taking, criteria for evaluating the 
success of the action, and the duration of the intentional lethal 
taking authority; and
    2. Suggest non-lethal alternatives, if available and practicable, 
including a recommended course of action.
    All meetings will be open to the public, but the public will not be 
allowed to discuss or debate issues with the Task Force at its 
meetings. However, NMFS does intend to have a pre-designated, limited 
amount of time at the Task Force's first meeting to allow the public to 
provide new or relevant information that may assist the Task Force in 
its deliberations. Subsequent meetings will be determined by the Task 
Force during its deliberations. Public notice of subsequent meetings of 
the Task Force will be announced through NOAA Press Releases. The 
public may call the NOAA Public Affairs Office in Seattle at 206-526-
6046 to obtain more detailed information on the Task Force meeting 
dates, times and locations.
    In addition, in accordance with section 120 of the MMPA, the Task 
Force may need to meet again after January of 1995 to discuss the 
effectiveness of its recommended actions after implementation. 
Specifically, the MMPA requires that the Task Force evaluate the 
effectiveness of the permitted intentional lethal taking or alternative 
actions implemented. If implementation is ineffective in eliminating 
the interaction problem, the Task Force shall recommend additional 
actions. If the implementation is effective, the Task Force shall so 
advise NMFS and the Task Force will be disbanded.
    In considering whether the State's application should be approved 
or denied, the Task Force is to consider:
    1. Population trends, feeding habits, the location of the pinniped 
interaction, how and when the interaction occurs, and how many 
individual pinnipeds are involved;
    2. Past efforts to nonlethally deter such pinnipeds, and whether 
the applicant has demonstrated that no feasible and prudent 
alternatives exist and that the applicant has taken all reasonable 
nonlethal steps without success;
    3. The extent to which such pinnipeds are causing undue injury or 
impact to, or imbalance with, other species in the ecosystem, including 
fish populations; and
    4. The extent to which such pinnipeds are exhibiting behavior that 
presents an ongoing threat to public safety.
    NMFS expects the Task Force to strive to reach agreement on its 
recommendations. To enhance this process, NMFS has procured the 
services of a professional facilitator to chair the meetings of the 
Task Force. However, if consensus is not achieved, the Task Force 
should have each member vote on the controversial decisions or 
recommendations. The Task Force recommendation on whether to recommend 
lethal taking and other determinations should be made upon a simple 
majority vote; however, the minority view should be provided the 
opportunity to submit its recommendations in writing to NMFS at the 
same time the majority view is submitted. The basis and justification 
for the recommendations and determinations should be included in the 
Task Force's written recommendation. The Task Force should specifically 
address those considerations outlined above, and any other 
considerations used by the Task Force in formulating its 
recommendations. Other considerations may include the likelihood of 
success of the proposed or recommended action and relationship to any 
long-term solutions to the interaction problem.
    The role of the Task Force is to provide recommendations to NMFS; 
the final decision on whether to approve the requested lethal removal 
remains with NMFS. In this regard, NMFS has asked the Task Force to 
fully consider and provide recommendations on all aspects of the 
interaction problem, including nonlethal alternatives and steps that 
should be taken toward a long-term solution. In accordance with the 
MMPA, upon receipt of the Task Force's recommendations, NMFS will have 
30 days to decide whether to approve or deny the State's application 
for lethal removal. Notice of the final decision will be published in 
the Federal Register.

    Dated: September 22, 1994.
William W. Fox, Jr., Ph.D.,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 94-23990 Filed 9-26-94; 8:45 am]
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