[Federal Register Volume 73, Number 13 (Friday, January 18, 2008)]
[Notices]
[Pages 3453-3455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-893]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF07


Availability of a Draft Environmental Assessment Considering the 
States of Oregon, Idaho, and Washington's Request for Lethal Removal 
Authority of California Sea Lions in Accordance with the Marine Mammal 
Protection Act

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

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ACTION:  Notice; availability of a draft Environmental Assessment and 
request for written comment.

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SUMMARY: The NMFS is giving notice that we have prepared a draft 
Environmental Assessment (EA) under the National Environmental Policy 
Act (NEPA) that analyzes impacts on the environment from the potential 
authorization to the States of Oregon, Idaho, and Washington (states) 
to lethally removal certain California sea lions that are feeding on 
at-risk salmon and steelhead stocks below Bonneville dam on the 
Columbia River. This authorization would be pursuant to Section 120 of 
the Marine Mammal Protection Act (MMPA). The states have requested 
authorization to lethally remove individually identifiable California 
sea lions having a significant negative impact on the decline or 
recovery of several populations of salmon and steelhead listed under 
the Endangered Species Act (ESA). This document serves to notify the 
public of the availability of the draft EA for review and comment 
before NMFS makes a final decision on whether to issue a Finding of No 
Significant Impact.

DATES:  Written comments on the draft EA must be received at the 
appropriate address, email address, or fax number (see ADDRESSES) no 
later than 5 p.m. Pacific standard time on February 19, 2008.

ADDRESSES:  Written comments and requests for copies of the draft EA 
should be addressed to Garth Griffin, Protected Resources Division, 
1201 NE Lloyd Boulevard, suite 1100, Portland, OR, 97232, or faxed to 
(503) 230-5441. Comments on this draft EA may be submitted by e-mail. 
The mailbox address for providing e-mail comments is 
[email protected]. Include in the subject line the following 
document identifier: ``California Sea Lion Lethal Removal''. The 
documents are also available on the Internet at http://www.nwr.noaa.gov/Marine-Mammals/Seals-and-Sea-Lions/Sec-120-draft-EA.cfm.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, Portland, OR, at phone 
number (503) 231-2005 or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This notice is relevant to the following 
MMPA species:
    California sea lion (Zalophus californianus)
     and ESA species:
    Chinook salmon (Oncorhynchus tshawytscha): endangered upper 
Columbia spring-run
    Chinook salmon (O. tshawytscha): threatened Snake River spring/
summer-run
    Steelhead (O. mykiss): threatened Snake River Basin
    Steelhead (O. mykiss): threatened Middle Columbia River.
    Steelhead (O. mykiss): threatened lower Columbia River

Background

    NEPA requires Federal agencies to conduct an environmental analysis 
of their proposed actions to determine if the actions may affect the 
human environment (42 U.S.C. 4321 et seq. & 40 CFR parts 1500-1508). 
Although not required for EAs, NMFS is seeking public input on the 
analysis and will consider all public comments received on the draft EA 
prior to making a decision to approve or disapprove the states' 
application.
    In 1994, Congress amended the MMPA, adding Section 120, which 
establishes a process for authorizing intentional lethal removal of 
individually identifiable pinnipeds (seals and sea lions) that are 
having a significant negative impact on salmonids that are either 
listed or approaching listing under the Endangered Species Act. On 
December 5, 2006, the states applied to the Secretary of Commerce 
(Secretary) for authority to lethally remove, by intentional means, 
individually identifiable California sea lions at Bonneville Dam on the 
Columbia River in accordance with the Section 120 process.
    The Secretary, acting through the Assistant Administrator for NMFS, 
determined that the states' Section 120 application provided sufficient 
evidence to warrant establishing a pinniped-fishery interaction task 
force (task force). In a Federal Register notice on January 30, 2007, 
NMFS announced receipt of the states' application and solicited public 
comments on the application and any additional information that should 
be considered. In an August 9, 2007, Federal Register notice, NMFS 
announced establishment of the task force and provided information 
about its first public meeting. Convened in September 2007, the task 
force reviewed the states' application, public comments on the 
application, and other information related to sea lion predation on 
salmon and steelhead at Bonneville dam.
    The task force considered criteria contained in Section 120(d) and 
additional questions posed by NMFS in determining whether to recommend 
approval or disapproval of the states' application. The task force met 
three times and provided its final report and recommendations to NMFS 
on November 5, 2007. The Marine Mammal Commission commented on both the 
states' application and the task force's report.
    We have developed a proposed action in response to the states' 
application and prepared a draft EA considering the environmental 
impacts of the proposed action and three alternatives. We developed 
this proposal and analysis after reviewing and considering all 
available information in the states' application, public comments on 
the application, internal scoping, task force recommendations, comments 
and information provided by the Marine Mammal Commission, and 
applicable law. The available document proposes to authorize the states 
to lethally remove individually identifiable California sea lions below 
Bonneville Dam under certain conditions. The analysis considers the 
environmental consequences of the proposed action and alternative 
actions aimed at reducing California sea lion predation on salmonids 
listed as threatened and endangered under the ESA below Bonneville dam. 
The general effects on the environment considered include the impacts 
on the physical, biological, and socioeconomic environments of the 
lower Columbia River below Bonneville dam, particularly between 
Columbia River miles 140 to 146.
    We are requesting public comment on the proposed action and 
alternatives considered. In particular, we seek comment on:
    Our application of the statutory phrase ``individually identifiable 
pinnipeds that are having a significant negative impact'' on salmonids.
    The likely impact of the proposed action and alternatives on listed 
salmonids.
    The likely impact of the proposed action and alternatives on marine 
mammals.
    The likely impact of the proposed action and alternatives on public 
safety.
    The analysis and public comments will inform NMFS' decision on 
actions to reduce pinniped predation below Bonneville dam, specifically 
approval or disapproval of the states' request under Section 120 of the 
MMPA, and any conditions that may apply in the event the states' 
request is approved.
    Comments or questions concerning this proposed action and the 
environmental review should be directed to NMFS at the address or 
telephone numbers provided above. All comments and materials received, 
including names and addresses, will

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become part of the administrative record and may be released to the 
public.

    Dated: January 14, 2008.
David Cottingham,
Chief, Marine Mammal Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. E8-893 Filed 1-17-08; 8:45 am]
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