[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Notices]
[Pages 13153-13155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7184]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 031196B]


Marine Mammals; Pinniped Removal Authority

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

ACTION: Notice of revised Letter of Authorization and availability of 
an Environmental Assessment.

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SUMMARY: NMFS announces modifications to the conditions for the lethal 
removal of individually identifiable California sea lions that are 
impacting winter steelhead that migrate through the Ballard Locks in 
Seattle, WA, under a Letter of Authorization (LOA) issued to the State 
of Washington. NMFS also announces the availability of an Environmental 
Assessment (EA) that examines the environmental consequences of 
alternatives for modifying the conditions for lethal removal of sea 
lions.

ADDRESSES: A copy of the EA and other documentation may be obtained by 
writing to William Stelle, Jr., Director, Northwest Region, NMFS, 7600 
Sand Point Way NE, Seattle, WA 98115, or by telephoning (206) 526-6150.

SUPPLEMENTARY INFORMATION: Pursuant to section 120(b) of the Marine 
Mammal Protection Act (MMPA), the State of Washington submitted an 
application to NMFS on June 30, 1994, requesting consideration of 
lethal removal of California sea lions at the Ballard Locks in Seattle, 
WA. In response to the application, NMFS formed the Ballard Locks 
Pinniped-Fishery Interaction Task Force (Task Force). The Task Force 
met in late 1994, reviewed the available information and recommended 
approval of lethal removal with conditions. NMFS took the 
recommendations of the Task Force and public comments into 
consideration and issued a 3-year LOA to the Washington Department of 
Fish and Wildlife (WDFW) on January 4, 1995, that provided terms and 
conditions for lethal removal through June 30, 1997. NMFS prepared an 
EA in January 1995 that considered lethal removal, as well as non-
lethal alternatives, and determined that the authorized lethal removal 
would not have a significant effect on the human environment in 
accordance with the Council on Environmental Quality's regulations 
implementing the National Environmental Policy Act (NEPA).
    Section 120 of the MMPA requires that the Task Force ``evaluate the 
effectiveness of the permitted intentional lethal taking or alternative 
actions implemented'' and ``if implementation was ineffective in 
eliminating the problem interaction, the Task Force shall recommend 
additional actions.'' Accordingly, the Task Force was reconvened in 
September 1995 to evaluate the effectiveness of the measures taken by 
the State during the winter steelhead run in 1995 and prepared a report 
with recommendations for modifications to the LOA to eliminate sea lion 
predation on returning adult steelhead to the maximum extent possible. 
The report and recommendations were submitted to NMFS on November 8, 
1995.

[[Page 13154]]

    Based on the Task Force report and new information collected since 
issuance of the LOA in January 1995, NMFS has concluded that the 
previously issued conditions under which the lethal removal of 
California sea lions may be implemented, should be modified to better 
protect the depressed and declining Lake Washington winter steelhead 
population. The winter steelhead spawning escapement in 1994/95 was 126 
fish, and the 1995/96 run size is predicted to be approximately 146 
steelhead. The 1995/96 steelhead run comprises primarily the progeny 
from the 1990/91 and 1991/92 brood years when escapements exceeded 200 
fish (621 and 599 respectively) and, therefore, represents the ``last 
best'' opportunity to have sufficient numbers of spawners available 
upon which to base a potentially successful recovery program. After the 
1995/96 run, the number of returning adult spawners will likely decline 
precipitously because the broodstock in the years that will produce 
these future runs was extremely small; the 1996/97 run is estimated to 
be less than 100 steelhead. The 1995/96 run size projection of 146 
steelhead is substantially below the goal of 1600 spawners (91 percent 
below) needed to fully seed the available habitat. In addition, the 
number of returning adult steelhead is within the range considered to 
be near the threshold level below which the ability of the population 
to recover may be impaired. Therefore, sea lion predation on adult 
spawners returning in 1996 and beyond is likely to have a significant 
negative impact on the status and recovery of this steelhead 
population. In contrast, only a small number of ``predatory'' male sea 
lions (about six to ten) are responsible for the impacts on the 
steelhead run, and removal of these sea lions will have an 
insignificant impact on the current population of California sea lions 
(U.S. stock), which is estimated to be in excess of 161,000 individuals 
and has been increasing at a rate of 5.2 percent since 1975.
    In accordance with section 120 of the MMPA, NMFS has modified the 
conditions contained in the LOA issued to the State of Washington on 
January 4, 1995, and sent a letter to the State stipulating the new 
conditions for lethal removal of ``predatory'' California sea lions at 
the Ballard Locks as follows.
    1. Non-lethal deterrence efforts, such as acoustic deterrence, must 
be attempted prior to lethal removal. If an ``acoustic barrier'' is 
implemented, other means of non-lethal deterrence, such as underwater 
firecrackers, should be attempted on sea lions that enter and forage in 
the ensonified area.
    2. Only ``predatory'' California sea lions may be lethally removed. 
A ``predatory'' sea lion is an individually identified sea lion (i.e., 
one bearing a brand mark, dart tag, flipper tags or other 
distinguishable natural marks) that:
    a. Has been observed by biologists monitoring sea lion predation to 
have preyed on returning steelhead in the inner bay area of the Lake 
Washington Ship Canal (upstream of the railroad bridge); and
    b. Has penetrated the acoustic barrier and has been observed 
foraging in the ensonified zone during the steelhead run since January 
1, 1994 (when the acoustic deterrence program began); and
    c. Is observed engaging in foraging behavior in the inner bay area 
(upstream of the railroad bridge) during the current steelhead season, 
between January 1 and May 31, by biologists monitoring sea lion 
predation at the Locks.
    3. Information collected to date indicates that sea lions with 
brand numbers 17, 41 and 225 meet the definition of a ``predatory'' sea 
lion if they are observed foraging in the inner bay area during the 
current or next year's steelhead season from January 1 to May 31. 
Furthermore, sea lions with brand numbers 45 and 87 will meet the 
definition if they are observed to prey on a steelhead in the inner bay 
area during the current or next year's steelhead season from January 1 
to May 31. Lethal removal of other sea lions is authorized only if the 
State determines that the subject animal meets the ``predatory'' sea 
lion definition and obtains concurrence with such determination from 
the Director, Northwest Region, NMFS (Regional Director).
    4. Lethal removal of ``predatory'' sea lions is authorized from 
January 1 through May 31. The State shall report any lethal takings 
under this authorization to the Regional Director within 48 hours 
following implementation of the lethal action.
    5. Active capture methods utilizing tangle nets and potential use 
of drugs, which may result in sea lion mortality, are authorized for 
use only on ``predatory'' sea lions.
    6. 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 Regional Director.
    b. The ACC shall review active capture protocols and make 
recommendations on the procedures and use of any drugs.
    c. The ACC shall develop protocols for euthanizing sea lions.
    7. ``Predatory'' sea lions that are identified for lethal removal 
are to be euthanized using protocols developed by the ACC. 
Nevertheless, the State shall provide sea lions captured 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.
    8. If 15 sea lions are lethally removed under this authorization, 
lethal removal must cease, and NMFS will immediately reconvene the Task 
Force for the purpose of evaluating the effectiveness of the measures 
implemented and making recommendations on further actions.
    9. This authorization may be modified or revoked by NMFS based on 
Task Force recommendations under Condition (8) above.
    10. This authorization is valid until June 30, 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 the 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. The report also must describe progress on longer-term efforts 
being undertaken by the State to address recovery of winter steelhead.
    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 any lethal take and the alternative actions. NMFS will 
consider the report, the Task Force recommendations, and the 
considerations set out in 16 U.S.C. 1389, and may modify or extend the 
authorization and conditions for the following year, or revoke the 
authorization for lethal take.
    NEPA requires that Federal agencies conduct an environmental 
analysis of their actions to determine if the actions may affect the 
environment. Accordingly, NMFS prepared an EA that explores the 
environmental consequences of four alternatives to modifying the 
conditions for lethal removal, as a last resort to protect the 
depressed Lake Washington winter steelhead migrating through the 
Ballard Locks from predation by California sea

[[Page 13155]]
lions. This 1996 EA is a supplement to, and augments, an EA prepared in 
1995 that examined non-lethal alternatives to lethal removal. The EA 
also provides additional information and results of actions taken to 
protect and enhance the winter steelhead population in 1995.
    NMFS 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 guidelines concerning implementation 
of NEPA found in the NOAA Administrative Order 216-6.
    Additional information on steelhead enhancement and management 
measures being taken by the State of Washington, or a copy of the EA 
and FONSI is available upon request (see ADDRESSES).

    Dated: March 13, 1996.
William W. Fox, Jr., Ph.D.,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 96-7184 Filed 3-25-96; 8:45 am]
BILLING CODE 3510-22-F