[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Notices]
[Pages 4239-4241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1447]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 121406B]


Marine Mammals; Pinniped Removal Authority

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

ACTION: Notice; request for comments.

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SUMMARY: NMFS received an application under Section 120 of the Marine 
Mammal Protection Act (MMPA) from the states of Oregon, Washington, and 
Idaho requesting authorization to intentionally take, by lethal 
methods, individually identifiable California sea lions (Zalophus 
californianus) that prey on Pacific salmon and steelhead (Onchorhynchus 
spp.) listed as threatened or endangered under the Endangered Species 
Act (ESA) in the Columbia River in Washington and Oregon. This 
authorization is requested as part of a larger effort to protect and 
recover listed salmonid stocks in the river. NMFS has determined that 
the application contains sufficient information to warrant convening a 
Pinniped-Fishery Interaction Task Force (Task Force), which will be 
established after the close of the public comment period. NMFS solicits 
public comments on the application, other information related to 
pinniped predation on salmonids at Bonneville Dam, and nominations for 
potential members of the Task Force.

DATES: Comments and information must be received by April 2, 2007.

ADDRESSES: Comments on the application should be addressed to Assistant 
Regional Administrator, Protected Resources Division, NMFS, 1201 NE 
Lloyd Blvd., Suite 1100, Portland, OR 97232. Comment may also be 
submitted by email to [email protected] or by fax to 301-427-
2527.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, (503) 231-2005, or Tom 
Eagle, (301) 713-2322, ext. 105.

SUPPLEMENTARY INFORMATION:

Electronic Access

    The states' application and background information on pinniped 
predation on listed salmonids, and non-lethal efforts to address the 
predation, are available via the Internet at the following address: 
http://www.nwr.noaa.gov.

Statutory Authority

    Section 120 of the MMPA (16 U.S.C. 1361, et seq.) allows the 
Secretary of Commerce, acting through the Assistant Administrator for 
Fisheries (Assistant Administrator), NMFS, to authorize the intentional 
lethal taking of individually identifiable pinnipeds that are having a 
significant negative impact on the decline or recovery of salmonids 
that are listed as threatened or endangered under the Endangered 
Species Act (ESA). The authorization applies only to pinnipeds that are 
not listed under the ESA, or designated as a depleted or strategic 
stock under the MMPA. Pursuant to section 120(b) and (c), applicants 
may request authorization to lethally remove pinnipeds, and the 
Assistant Administrator is required to:
    (1) Review the application to determine whether the applicant has 
produced sufficient evidence to warrant establishing a Pinniped-Fishery 
Interaction Task Force (Task Force);
    (2) Establish the Task Force and publish a notice in the Federal 
Register requesting public comment on the application if sufficient 
evidence has been produced;
    (3) Consider any recommendations made by the Task Force in making a 
determination whether to approve or deny the application; and
    (4) If approved, immediately takes steps to implement the 
intentional lethal taking, which shall be performed by Federal or state 
agencies, or qualified individuals under contract to such agencies.
    The Task Force is required to be comprised of the following: (1) 
NMFS/NOAA staff, (2) scientists who are knowledgeable about the 
pinniped interaction, (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 reviews the application, other background information, and 
public comments and, as required by statute, recommends to NMFS whether 
to approve or deny the application. The Task Force is also required to 
submit with its recommendation, a description of the specific pinniped 
individual or individuals, the proposed location, time, and method of 
such taking, criteria for evaluating the success of the action, the 
duration of the intentional lethal taking authority, and a suggestion 
for non-lethal alternatives, if available and practicable, including a 
recommended course of action.

Background

    On December 5, 2006, NMFS received an application co-signed by the 
Washington Department of Fish and Wildlife (WDFW), the Oregon 
Department of Fish and Wildlife (ODFW) and the Idaho Department of Fish 
and Game (IDFG) requesting authorization to intentionally take, by 
lethal methods, individually identifiable California sea lions in the 
Columbia River, which are having a significant negative impact on the 
recovery of threatened and endangered Pacific salmon and steelhead. 
According to the states' application, impacted salmon and steelhead 
include Lower Columbia River Chinook (threatened), Lower Columbia River 
steelhead (threatened), Middle Columbia River steelhead

[[Page 4240]]

(threatened), Upper Columbia River Spring Chinook (endangered), Snake 
River Spring/Summer Chinook (threatened), Snake River Basin steelhead 
(threatened), Upper Willamette Chinook (threatened), and Upper 
Willamette steelhead (threatened). The states requested that NMFS 
establish a Pinniped-Fishery Interaction Task Force and initiate the 
process provided by Section 120 of the MMPA.
    The states' application references studies conducted by the U.S. 
Army Corps of Engineers (Corps) Fisheries Field Unit that document when 
pinniped predation occurs in the Bonneville Dam tailrace, numbers of 
pinnipeds present, numbers of individual sea lions observed, numbers of 
salmonids consumed, and the proportion of all salmonids passing 
Bonneville that are taken by pinnipeds foraging in the tailrace of the 
dam. Information from the study, begun in 2002 and continuing through 
2006, indicates that predation increased from an estimated 1,010 
salmonids (0.35 percent of the salmonids passing the dam) in 2002 to an 
estimated 2,920 salmonids (3.44 percent of the salmonids passing the 
dam) in 2005. In 2006, an estimated 3,023 salmonids (2.80 percent of 
the total return) were consumed by sea lions immediately below the dam. 
Pinniped predation estimates at the dam represent a minimum lower bound 
on the total river-wide predation because they apply only to the area 
immediately below the dam (less than 0.5 miles from the structure). 
California sea lions, however, have been documented by WDFW/ODFW 
(unpublished data) feeding on salmonids immediately below Bonneville to 
navigation Marker 85 (approximately 6 miles downstream) and throughout 
the lower Columbia River.
    During the spring salmon return in 2005 and 2006, the Corps, NMFS, 
ODFW, and WDFW tried to deter sea lions from foraging on salmon and 
steelhead in the dam's fish passage facilities and tailrace area. 
Although the Corps prevented sea lions from entering the dam's fish 
passage system, the agencies' collective non-lethal deterrence efforts 
have done little to reduce predation of salmon and steelhead in the 
tailrace area. While a more intensive non-lethal hazing program is 
planned by Oregon and Washington in 2007, the states noted they must 
also pursue the MMPA option for lethal removal.
    The states propose to lethally remove a limited number of 
California sea lions above Columbia River Navigation Marker 85 
(approximately river mile 139.5), annually from January 1 to June 30. 
Any lethal removal activity would be preceded by a period of non-lethal 
deterrent activity (e.g., acoustic and tactile harassment) and followed 
by an evaluation period. Under the proposal, this incremental process 
(i.e., non-lethal deterrence followed by lethal removal and an 
evaluation period) would be repeated as necessary. In addition to 
animals located above Marker 85, all individually marked California sea 
lions that have been documented feeding on salmonids at Bonneville Dam 
would be candidates for removal without restriction to time or location 
in the river. Lethal removals in the first year of the proposed 
authorization is proposed to be less than one percent of the Potential 
Biological Removal (PBR) level for California sea lions (current PBR 
level is 8,333 animals out of an estimated population of 237,000); the 
number proposed to be removed in subsequent years is anticipated to be 
lower and would likely approach zero within several years. Individual 
sea lions would be lethally removed by humane methods following 
recommendations of a Safety and Animal Care committees convened by the 
states.
    The proposed action to address pinniped predation is part of a 
comprehensive fish recovery strategy. As reported in the application, 
significant actions to address the decline of salmon populations in the 
Columbia River basin have been underway for several decades and are 
progressing each year as a result of development and implementation of 
ESA conservation and recovery plans throughout the basin. These actions 
include harvest reductions, hydroelectric system mitigation, watershed 
and sub-basin planning, and hatchery reform.
    The applicants state that continued use of only non-lethal methods 
will likely result in an expansion of the problem by allowing 
increasing numbers of sea lions to become recruited into the pool of 
nuisance animals. The expected benefit of permanent removal of the 
animals in question will be to reduce a recent significant source of 
mortality that has affected the states' ongoing efforts to recover ESA 
listed salmonids in the Columbia River Basin.
    In considering whether the application should be approved or 
denied, the MMPA requires that the Task Force and NMFS 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 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 
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.
    The Assistant Administrator has considered the states' application 
and determined that it provides sufficient evidence to warrant 
establishing a Task Force. The application describes the means of 
identifying individual pinnipeds, includes a detailed description of 
the problem interactions between pinnipeds and listed salmonids at and 
below Bonneville Dam, and describes the expected benefits of potential 
taking of pinnipeds. The application also documents past non-lethal 
efforts to prevent the problem interactions.

Request for Comments and Other Information

    NMFS solicits public comments on the states' application and any 
additional information that should be considered by the Task Force in 
making its recommendation, or NMFS in making its determination whether 
to approve or deny the application. NMFS is interested in receiving 
additional information related to the factors that must be considered 
in determining whether to approve or deny the application (see 
Background) and on the impact of sea lion predation at Bonneville Dam 
on the affected salmonid populations.
    NMFS requests that comments be specific. In particular, we request 
information regarding:
    (1) Observations of sea lions (number, species and predation on 
salmonids) in the Columbia River above or below Bonneville Dam;
    (2) Information on areas where numbers of sea lions are 
concentrated in the lower Columbia River, between Tongue Point (river 
mile 16) and Navigation Marker 85 (river mile 135), including resting 
(haulout) sites and locations where sea lions have been repeatedly 
observed taking salmonids; and
    (3) Dates when sea lions have been observed in the river above 
Tongue Point to Bonneville Dam.

[[Page 4241]]

    NMFS also solicits the names and affiliations of experts from the 
academic and scientific community, tribes, Federal and state agencies, 
and the private sector for consideration as potential Task Force 
members. A Task Force, established under MMPA section 120 must, to the 
maximum extent practicable, consist of an equitable balance among 
representatives of resource users and non-users as outlined above. The 
cover letter to the states' application included a list of suggested 
agencies and organizations for inclusion in the Task Force (see 
Electronic Access). Nominations for Task Force membership must include 
sufficient background information (e.g., 1-page resume) on the 
candidate to allow us to judge their expertise and should indicate the 
prospective candidate's willingness to serve without compensation.

    Dated: January 23, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E7-1447 Filed 1-29-07; 8:45 am]
BILLING CODE 3510-22-S