[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Notices]
[Pages 53210-53211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26450]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 100101A]


Marine Mammals; Pinniped Removal Authority

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

ACTION: Proposed extension of a Letter of Authorization (LOA) and 
request for comments.

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SUMMARY: NMFS solicits public comments on a request from the State of 
Washington and a proposal by NMFS to extend, for 5 years, an LOA for 
the lethal removal of individually identifiable California sea lions 
that are having a significant negative impact on the status and 
recovery of winter steelhead that migrate through the Ballard Locks in 
Seattle, WA. No changes to the existing terms and conditions of the 
authorization are proposed beyond extension of the expiration date to 
June 30, 2006. This action is authorized under the Marine Mammal 
Protection Act (MMPA).

DATES: Comments must be received on or before November 19, 2001.

ADDRESSES: Comments on this action should be submitted to Chief, 
Protected Resources Division, NMFS, 525 NE Oregon Street, Suite 500, 
Portland, OR 97232. Comments will not be accepted if submitted via 
email or the Internet. However, comments may be sent via fax to (503) 
230-5435.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Northwest Region,

[[Page 53211]]

(503) 231-2005, or Tom Eagle, NMFS, Office of Protected Resources, 
(301) 713-2322 ext. 105.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Additional information, including the State's LOA extension 
request, prior Environmental Assessments, and the current LOA, is 
available via the internet at http://www.nwr.noaa.gov.

Background

    Pursuant to section 120 (b) of the 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-Fisheries 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 when it issued the initial 3-year LOA to the Washington 
Department of Fish and Wildlife (WDFW) on January 5, 1995.
    As required by section 120, the Task Force reconvened in late 1995 
to evaluate the effectiveness of the permitted lethal taking or 
alternative actions and recommended modifications to the terms and 
conditions of the LOA. The LOA was modified in 1996 and subsequently 
extended through June 30, 2001. No lethal removals were conducted 
during the period of the current LOA.
    Information on Washington's original application for lethal 
removal, the process for considering the application, which included 
formation of a Pinniped-Fishery Interaction Task Force, the Terms and 
Conditions of the LOA issued to WDFW and its subsequent extension was 
published in the Federal Register on August 2, 1994 (59 FR 39325), 
September 27, 1994 (59 FR 49234), January 19, 1995 (60 FR 3841), August 
15, 1995 (60 FR 42146), March 26, 1996 (61 FR 13153), August 26, 1996 
(61 FR 43737), June 19, 1997 (62 FR 33396), and September 29, 1997 (62 
FR 50903). Background information on the sea-lion steelhead conflict at 
the Ballard Locks and findings on the environmental consequences of 
issuance of the LOA are provided in two Environmental Assessments 
prepared by NMFS in 1995 and 1996 (see Electronic Access).
    At the request of WDFW, NMFS granted a temporary extension of the 
LOA expiration date from June 30, 2001, to December 15, 2001, to allow 
time for the State to prepare, and NMFS to process, a formal request to 
extend the existing LOA. Under the terms and conditions of the LOA, 
which authorized lethal removal only during the steelhead migration 
period (January through May) no sea lions may be lethally removed 
during the temporary extension.
    In a letter dated September 12, 2001, the State of Washington 
requested an extension of the LOA for an additional 5 years (with a new 
expiration date of June 30, 2006). The State's request cites severely 
depressed steelhead run returns (42 fish returned to spawn in 2001) and 
the need to quickly remove any sea lion that meets the criteria 
outlined in the LOA while the State continues management efforts to 
recover the run. In addition, the State noted that there are no lethal 
removals planned at this time and requested the authorization be 
extended so that, as a last resort, it can respond in a timely manner 
to uncontrollable sea lion predation and protect steelhead as the run 
recovers. The State requests no modifications to the terms and 
conditions of the LOA other than the extension to June 30, 2006. Copies 
of the request for extension are available (see Electronic Access).
    The Task Force last met in 1996 to consider an earlier extension 
request by the State, and it submitted a report to NMFS that 
recommended that the LOA be extended, if so requested by the State, 
until such time as (a) the escapement goal of 1600 steelhead is reached 
or (b) it becomes clear that the process is unlikely to achieve the 
stated goal. At that time, the Task Force opinions on the extension 
ranged from ``no extension'' to ``an extension period of 8 years (two 
steelhead life cycles)'', with the majority favoring 4 years. The Task 
Force indicated that extending the LOA would provide needed time to 
enable an evaluation of the effectiveness of lethal or non-lethal but 
permanent removal on subsequent steelhead returns when they have 
recovered to abundances that previously attracted predatory sea lions. 
At the completion of their deliberations, the Task Force adjourned 
until such time as substantive new information and analysis become 
available that may alter its recommendation. Copies of the Task Force 
report and recommendations are available (see Electronic Access). The 
State's extension request indicates that,since the Task Force last met, 
conditions at the Locks have remained virtually unchanged (i.e., no sea 
lions have been lethally removed, no new individually identifiable sea 
lions have been added to the list of predatory sea lions to be removed, 
the steelhead run has not recovered, and efforts to recover the run are 
continuing.) The MMPA requires NMFS to consider the recommendations of 
the Task Force when determining whether to issue a lethal removal 
authorization. In order to obtain the Task Force's views regarding this 
extension of the previously issued LOA in light of its decision to 
adjourn pending significant new data or analysis, NMFS is consulting 
with Task Force members by mail during the 30-day public comment 
period.
    NMFS is seeking public comments on the proposal to extend the LOA 
for a period of 5 years. After considering public comments and advice 
from Task Force members, NMFS will publish notice of its final decision 
in the Federal Register.
    The environmental consequences of extending the existing LOA as 
requested, without further modification of the terms and conditions, 
are expected to be the same as those previously assessed. Nonetheless, 
NMFS will conduct an environmental analysis on the proposed 5-year 
extension as required by the National Environmental Policy Act.

    Dated: October 15, 2001.
Wanda L. Cain,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 01-26450 Filed 10-18-01; 8:45 am]
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