[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Notices]
[Pages 3841-3844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1339]



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DEPARTMENT OF COMMERCE
[I.D. No. 010495A]


Marine Mammals; Pinniped Removal Authority

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 

[[Page 3842]]
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of approval of an application for lethal removal and 
notice of availability of an Environmental Assessment.

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SUMMARY: NMFS announces approval of an application from the State of 
Washington to authorize the intentional lethal taking of individually 
identifiable California sea lions that have preyed on wild winter-run 
steelhead that migrate through the Ballard Locks in Seattle, WA. NMFS 
also announces the availability of an Environmental Assessment (EA) 
that was prepared jointly by NMFS and the Washington State Department 
of Fish and Wildlife. The EA examines the environmental consequences of 
alternatives for protecting the depressed Lake Washington winter-run of 
wild steelhead migrating through the Lake Washington Ship Canal and 
Ballard Locks from predation by California sea lions. The proposed 
action is authorized under section 120 of the Marine Mammal Protection 
Act (MMPA).

ADDRESSES: A copy of the EA may be obtained by writing to William 
Stelle, Jr., Director, Northwest Region, NMFS, 7600 Sand Point Way, NE, 
Seattle, WA 98115 or by telephoning one of the contacts listed below.

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

SUPPLEMENTARY INFORMATION:

Background

    Section 120 of the MMPA (16 U.S.C. 1361 et seq.) as amended in 
1994, provides the Secretary of Commerce (Secretary) the discretion to 
authorize the intentional lethal taking of individually identifiable 
pinnipeds that are having a significant negative impact on salmonids 
that are either: (1) Listed under the Endangered Species Act (ESA), (2) 
approaching a threatened or endangered status, or (3) migrate through 
the Ballard Locks in Seattle. The authorization applies only to 
pinnipeds that are not: (1) Listed under the ESA, (2) designated as 
depleted, or (3) designated a strategic stock. The process for 
determining whether to implement the authority in section 120 commences 
with a state submitting an application that provides a detailed 
description of the interaction problem, the means of identifying the 
individual pinnipeds, and expected benefits of the taking. Within 15 
days of receiving an application, the Assistant Administrator for 
Fisheries, NOAA (AA) must determine whether the applicant has produced 
sufficient evidence to warrant establishing a Pinniped-Fishery 
Interaction Task Force (Task Force) to address the situation described 
in the application. If the application provides sufficient evidence, 
NMFS must publish a document in the Federal Register requesting public 
comment on the application, and establish a Task Force consisting of: 
(1) NMFS/NOAA staff, (2) scientists who are knowledgeable about the 
pinniped interaction that the application addresses, (3) 
representatives of affected conservation and fishing community 
organizations, (4) treaty Indian tribes, (5) the states, and (6) such 
other organizations as NMFS deems appropriate. The Task Force must, to 
the maximum extent practicable, consist of an equitable balance among 
representatives of resource user interests and nonuser interests. 
Meetings of the Task Force must be open to the public. Within 60 days 
after establishment, and after reviewing public comments in response to 
the Federal Register document, the Task Force is to recommend to NMFS 
approval or denial of the proposed intentional lethal taking along with 
recommendations on 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. The Task Force 
must also suggest non-lethal alternatives, if available and 
practicable, including a recommended course of action. Within 30 days 
after receipt of the Task Force's recommendations, NMFS must either 
approve or deny the application. If such application is approved, NMFS 
must immediately take steps to implement the intentional lethal taking. 
The intentional lethal taking is to be performed by Federal or state 
agencies, or qualified individuals under contract to such agencies.
    On July 6, 1994, the Secretary received an application, dated June 
30, 1994, from the State of Washington, to authorize the intentional 
lethal taking of individually identifiable California sea lions 
(Zalophus californianus) that prey on wild winter-run steelhead 
(Oncorhynchus mykiss) that migrate through the Ballard Locks in 
Seattle, WA. The State requested that the Secretary establish a Task 
Force and initiate the process provided by section 120 of the MMPA so 
that lethal removal, if approved, is authorized in time for protection 
of the 1994-95 winter-run of wild steelhead.
    The AA determined that the State's application was sufficient to 
warrant formation of a Task Force because all the necessary 
determinations and required information were either in the letter or in 
the documents referenced in the letter. Research by the State and NMFS 
has shown that California sea lions consume as much as 60 percent of 
the returning adult wild steelhead as they migrate through the Ballard 
Locks area, and that such exploitation rates can have a significant 
impact on the status or recovery of the Lake Washington winter-run wild 
steelhead. Notice of receipt and acceptance of the State's application 
was published in the Federal Register on August 2, 1994 (59 FR 39325) 
with a request for public comments. A Pinniped-Fishery Interaction Task 
Force on the sea lion/steelhead conflict at the Ballard Locks was 
established on September 30, the date of their first public meeting. 
Notice of establishment of the Task Force and its meeting was published 
in the Federal Register on September 27, 1994 (59 FR 49234). Subsequent 
meetings were announced through NOAA Press Releases and reported in 
local media. The Task Force held 3 more meetings (open to the public) 
for a total of 8 days of meetings to consider pertinent data on 
California sea lions, winter-run steelhead, the nature and extent of 
the interaction at the Ballard Locks, the design and operation of the 
Locks/fishway facility, past measures and considerations for reducing 
or eliminating the sea lion/steelhead interaction, and public comments 
on the State's application received during the comment period.
    The Task Force submitted its recommendation on the State's request 
for lethal removal to NMFS on November 23, 1994. By a 13 to 8 vote, the 
Task Force recommended approval of lethal removal of individually 
identifiable California sea lions, with conditions on when lethal 
removal may occur and the numbers and identity of animals that it may 
be applied to. A minority view from Task Force members opposed to 
lethal removal was submitted on December 5, 1994. Details of the Task 
Force recommendations are included in the EA.

Findings and Conditions

    Based on the Task Force's recommendations and scientific 
information collected since 1985 on the California sea lion/steelhead 
interaction, NMFS has concluded that lethal removal of California sea 
lions at the Ballard Locks is a necessary, last resort for removing the 
sea lion preying on steelhead based on: (1) The declining and depressed 
status of the wild winter-run steelhead and the need to prevent 

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mortality of returning adult spawners; (2) the vulnerability of 
returning adult spawners to sea lion predation at the Ballard Locks and 
the lack of feasible and effective non-lethal measures to eliminate the 
problem this season; (3) the insignificant impacts to the California 
sea lion population of lethal removal of relatively few male, sea 
lions; (4) the analysis of alternatives (presented in the EA) that 
indicates lethal removal, with conditions, is the most appropriate 
course of action.
    In accordance with section 120 of the MMPA, NMFS has approved the 
lethal taking of individually identifiable California sea lions at the 
Ballard Locks and sent the State of Washington a Letter of 
Authorization stipulating the conditions on the authorization for 
lethal removal. Lethal removal is authorized only if the State is in 
compliance with the following terms and conditions.
    1. Non-lethal deterrence efforts, such as acoustic deterrence, must 
be attempted prior to lethal removal. If an ``acoustic barrier'' is 
implemented, sea lions that enter and remain in the ensonified area 
exhibiting predatory behavior should be captured and placed in 
captivity, if temporary holding is feasible and practical.
    2. Only ``predatory'' California sea lions may be lethally removed. 
A ``predatory'' sea lion is an individually identified sea lion (i.e., 
an animal with a brand mark, tags, or other distinguishable natural 
marks) that has been observed preying on steelhead at any time 
(including past years) in the Lake Washington Ship Canal.
    3. If feasible and practical, predatory sea lions are to be 
captured, and placed by the state in temporary holding facilities for 
the duration of the run.
    a. The State must contact aquarium and zoo facilities in the 
Northwest to determine availability of suitable holding enclosures for 
temporary care and feeding of sea lions for up to 5 months. If 
appropriate facilities are available, the State shall make the 
necessary arrangements for holding sea lions.
    b. The State also shall explore the possibility of alternate 
enclosures that meet animal care requirements.
    c. The State shall ensure that holding facilities minimize any 
public observation of, or interaction with, captive animals.
    4. Lethal removal of predatory sea lions is authorized only if the 
State determines, and obtains concurrence with such determination from 
the NMFS Northwest Regional Director, that: (1) Adequate holding 
facilities are unavailable, or (2) temporary holding is infeasible or 
impractical.
    5. Lethal removal is not to occur unless and until the sea lion 
predation rate exceeds 10 percent of the available steelhead in any 
consecutive 7-day period after January 1, 1995. If, after the 
initiation of lethal removals, the predation rate equals or falls below 
10 percent for 14 consecutive days when steelhead have been recorded 
passing through the fish ladder, removals of newly-identified predatory 
sea lions will cease until the predation rate again exceeds 10 percent 
for any consecutive 7-day period. However, predatory sea lions 
identified prior to the end of a 14-day reduced predation period may 
still be removed.
    6. Active capture methods utilizing entangle nets and potential use 
of drugs that may result in sea lion mortality are authorized only 
during the period when lethal removal is authorized in accordance with 
Condition 5. above.
    7. The State will convene an Animal Care Committee (ACC) to provide 
recommendations on the handling of the sea lions.
    a. The ACC membership is: (1) To consist of veterinarians, marine 
mammal caretakers, and Federal and State marine mammal biologists; and 
(2) to be approved by the NMFS Northwest Regional Director.
    b. The ACC shall review and make recommendations on the adequacy of 
the temporary holding enclosures and the means of feeding and 
caretaking.
    c. The ACC shall review any complications with captive holding and 
make recommendations regarding the care of the sea lions, including 
euthanasia if, in their opinion, it is necessary.
    d. The ACC shall review active capture protocols and make 
recommendations on the procedures and use of any drugs.
    e. The ACC shall develop protocols for euthanizing sea lions.
    8. Predatory sea lions that are identified for lethal removal are 
to be captured and euthanized using protocols developed by the ACC. 
However, the State shall provide the sea lions identified for lethal 
removal to an Indian tribe with treaty rights to harvest marine mammals 
in the Lake Washington Ship Canal that requests the animals for 
subsistence use. In that circumstance, the State shall allow the tribe 
to dispatch the animal in a humane manner that allows for subsistence 
use.
    9. The State must notify NMFS if 15 sea lions are removed 
(nonlethal or lethal). NMFS will immediately reconvene the Task Force 
for the purpose of evaluating the effectiveness of the measures 
implemented and making recommendations on further actions.
    10. This authorization may be modified or revoked by NMFS based on 
any Task Force recommendations provided under Condition 9. above.
    11. This authorization is valid until June 31, 1997, although it 
may be modified as needed.
    a. On September 1 of each year that this authorization is valid, 
the State must submit a report on efforts undertaken to reduce 
predation, its compliance with the conditions in this authorization, 
and how the State will comply with the conditions in the following 
year.
    b. Pursuant to 16 U.S.C. 1389(c)(5), after receipt of the report, 
NMFS will ask the Task Force to evaluate the State's report and the 
effectiveness of the alternative actions and any lethal take. NMFS will 
consider the report, the Task Force's recommendations, and the issues 
set out in 16 U.S.C. 1389, and may modify the authorization and 
conditions for the following year, or revoke the authorization for 
lethal take.

National Environmental Policy Act (NEPA)

    NEPA requires that Federal agencies conduct an environmental 
analysis of their actions to determine if the actions may affect the 
environment. Accordingly, NMFS and the Washington State Department of 
Fish and Wildlife produced an EA that explores the environmental 
consequences of a combination of actions including lethal removal as a 
last resort to protect the depressed Lake Washington winter-run of wild 
steelhead migrating through the Lake Washington Ship Canal and Ballard 
Locks from predation by California sea lions. The number of steelhead 
escaping to spawn has declined from about 2,600 fish in the 1983 season 
to only 70 fish last season. Action to reduce or eliminate predation is 
necessary, because California sea lions have consumed as much as 60 
percent of the returning adult wild steelhead as they migrate through 
the Ballard Locks area, and such exploitation rates can have a 
significant impact on the status or recovery of the Lake Washington 
winter-run steelhead.
    The proposed action is to lethally remove individually identifiable 
sea lions as a last resort, only after non-lethal deterrence in 
combination with captive holding are not sufficient to remove predatory 
sea lions from the Locks area. All practicable attempts would be made 
to capture and place the predatory sea lions in captivity during the 
duration of the run prior to lethal 

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taking. Lethal taking would be applied only to those few predatory sea 
lions that have been observed to prey on steelhead. Lethal removal is 
proposed as a last resort, because non-lethal alternatives have been 
shown to have limited success in reducing predation. Additional 
conditions on lethal removal are described above.
    NOAA has evaluated the environmental consequences of the proposed 
action and has concluded that it is unlikely to result in any 
significant impacts on the human environment and therefore has made a 
finding of no significant impact (FONSI). The EA and FONSI have been 
prepared in accordance with NEPA and implementing regulations at 40 CFR 
parts 1500 through 1508 and NOAA Administrative Order 216-6. In 
addition, in accordance with the Washington State Environmental Policy 
Act, the Washington State Department Of Wildlife has made a final 
determination of non-significance pursuant to chapter 232-19 of the 
Washington Administrative Code.

    Dated: January 12, 1995.
Pat Montanio,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 95-1339 Filed 1-18-95; 8:45 am]
BILLING CODE 3510-22-F