[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Notices]
[Pages 9981-9982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5007]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 022299B]


Report to Congress; Impacts of Pinnipeds on Salmonids and West 
Coast Ecosystems

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

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the availability of a Report to Congress on the 
impacts of California sea lions and Pacific harbor seals (pinnipeds) on 
salmonids and West Coast ecosystems. The report provides 
recommendations for addressing issues and problems with expanding 
pinniped populations on the West Coast. NMFS prepared this report in 
accordance with section 120(f) of the Marine Mammal Protection Act 
(MMPA).

ADDRESSES: Copies of the Report to Congress are available from NMFS, 
Northwest Regional Office, 7600 Sand Point Way, NE., Seattle, WA 98115. 
The report also can be obtained on the Internet at http://
www.nwr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Joe Scordino (206) 526-6143, Irma 
Lagomarsino (562) 980-4016, or Donna Wieting (301) 713-2322.

SUPPLEMENTARY INFORMATION: The 1994 amendments to the MMPA directed the 
Secretary of Commerce (Secretary) to conduct a 1-year scientific 
investigation to determine whether California sea lions and Pacific 
harbor seals were having (1) a significant negative impact on the 
recovery of salmonid fishery stocks that have been listed as endangered 
or threatened species under the Endangered Species Act (ESA) or that 
the Secretary finds are approaching endangered or threatened status or 
(2) broader impacts on the coastal ecosystems of Washington, Oregon, 
and California. Because NMFS did not have available resources and 
sufficient time to conduct rigorous field investigations on the issues 
identified by Congress within the specified 1-year timeframe, it 
established a Working Group in 1995 that focused the scientific 
investigation on a review of information from past field studies. The 
final Working Group report was published in March 1997 as a part of the 
NOAA technical memorandum series (NOAA Technical Memorandum NMFS-NWFSC-
28) entitled, ``Investigation of Scientific Information on the Impacts 
of California Sea Lions and Pacific Harbor Seals on Salmonids and on 
the Coastal Ecosystems of Washington, Oregon, and California.'' Copies 
of this report are available on the Internet at http://
www.nwfsc.noaa.gov/pubs/tm/tm28/tm28.htm.
    After completion of the scientific investigation, in accordance 
with the MMPA, NMFS, on behalf of the Secretary, entered into 
discussions with the Pacific States Marine Fisheries Commission 
(PSMFC), on behalf of Washington, Oregon, and California, to address 
issues or problems identified as a result of the scientific 
investigation and to develop recommendations to address such issues or 
problems. In February 1997, the discussions were completed, and NMFS 
prepared a draft report to Congress to recommend measures to address 
issues identified in the discussions with PSMFC and representatives of 
the coastal states. On March 28, 1997 (62 FR 14889), NMFS published 
notification in the Federal Register on the availability of the draft 
report to Congress for a 90-day public review and comment period. Over 
300 letters and 3000 postcards commenting on the draft report were 
received.
    After consideration of public comments, NMFS completed the Report 
to Congress. A summary of those comments with NMFS responses is

[[Page 9982]]

attached as an Appendix to the Report to Congress.
    The two issues on pinniped impacts on salmonids and west coast 
ecosystems described in the Report are as follows:
    1. California sea lion and Pacific harbor seal populations on the 
West Coast are increasing while many salmonid populations are 
decreasing. Salmonid populations that are depressed and declining, 
especially those that are listed or proposed to be listed under the 
ESA, can be negatively impacted by expanding pinniped populations and 
attendant predation.
    2. Increasing California sea lion and Pacific harbor seal 
populations and their expanding distribution are impacting negatively 
commercial fisheries, affecting recreational fishing and private 
property, and posing threats to public safety.
    The Report to Congress has four recommendations:
    1. Implement site-specific management for California sea lions and 
Pacific harbor seals. Congress should consider a new framework that 
would allow state and Federal resource management agencies to 
immediately address conflicts involving California sea lions and 
Pacific harbor seals. This framework should provide a streamlined 
approach for Federal and state resource management agencies to take 
necessary and appropriate action with pinnipeds, including lethal 
taking when necessary, that are involved in resource conflicts. Any 
lethal takings would have to be within the Potential Biological Removal 
levels established by NMFS for all human causes of mortality.
    The three components of the framework are as follows: (1) In 
situations where California sea lions or Pacific harbor seals are 
preying on salmonids that are listed as or proposed to be, candidates 
for listing under the ESA, immediate use of lethal removal by state or 
Federal resource agency officials would be authorized; (2) in 
situations where California sea lions or Pacific harbor seals are 
preying on salmonid populations of concern or are impeding passage of 
these populations during migration as adults or smolts, lethal takes by 
state or federal resource agency officials would be authorized if (a) 
non-lethal deterrence methods are underway and are not fully effective, 
or (b) non-lethal methods are not feasible in the particular situation 
or have proven ineffective in the past; and (c) in situations where 
California sea lions or Pacific harbor seals conflict with human 
activities, such as at fishery sites and marinas, lethal removal by 
state or Federal resource agency officials would be authorized after 
non-lethal deterrence has been ineffective.
    2. Develop safe, effective non-lethal deterrents. In order to 
provide an array of options broader than lethal removal to resolve West 
Coast pinniped problems, there is a pressing need for research on the 
development and evaluation of deterrent devices and further exploration 
of other non-lethal removal measures. Potential options need to be 
evaluated in a concerted, adequately funded effort to address this 
issue. Research and development of pinniped deterrence methods should 
be a research priority for addressing expanding pinniped populations on 
the West Coast.
    3. Selectively reinstate authority for the intentional lethal 
taking of California sea lions and Pacific harbor seals by commercial 
fishers to protect gear and catch. Prior to the 1994 Amendments to the 
MMPA, commercial fishers were allowed to kill certain pinnipeds, as a 
last resort, in order to protect their gear or catch. Although the 1992 
NMFS legislative proposal contained provisions to continue such 
authority, it was not included in the 1994 Amendments to the MMPA. 
Congress should reconsider providing a limited authorization, based on 
demonstrated need, to certain commercial fishermen at specified sites 
to use lethal means, as a last resort, to protect their gear and catch 
from depredation by California sea lions and Pacific harbor seals until 
such time that effective non-lethal methods are developed for their 
specific situation.
    4. Information needs. An array of additional information is needed 
to better evaluate and monitor California sea lion and Pacific harbor 
seal impacts on salmonids and other components of the West Coast 
ecosystems. Details of such studies are described in the Report to 
Congress.
    The Report to Congress was submitted on February 10, 1999 to the 
House of Representatives Committee on Resources and to the Senate 
Committee on Commerce, Science, and Transportation in accordance with 
the MMPA. Congress will consider the report in the reauthorization of 
the MMPA. Copies of the Report to Congress are available to the public 
on request (see ADDRESSES).

    Authority: 16 U.S.C. 1389(f).

    Dated: February 22, 1999.
Hilda Diaz-Soltero,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 99-5007 Filed 02-26-99; 8:45 am]
BILLING CODE 3510-22-F