[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Page 60825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25871]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
XRIN 0648-XF763
Marine Mammals; Pinniped Removal Authority; Approval of
Application
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce (NOAA).
ACTION: Notice of availability.
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SUMMARY: NMFS announces the approval of an application from the state
of Oregon (state) for lethal removal of individually identifiable
predatory California sea lions (CSL; Zalophus californianus) in the
vicinity of Willamette Falls to minimize pinniped predation on Upper
Willamette River (UWR) spring-run Chinook salmon (Onchorhynchus spp.)
and UWR winter steelhead, both listed as threatened under the
Endangered Species Act (ESA), in the Willamette River in Oregon. This
authorization is pursuant to section 120 of the Marine Mammal
Protection Act (MMPA). NMFS also announces availability of decision
documents and other information relied upon in making this
determination.
ADDRESSES: Additional information about our determination may be
obtained by visiting the NMFS West Coast Region's website: http://www.westcoast.fisheries.noaa.gov, or by writing to us at: NMFS West
Coast Region, Protected Resources Division, 1201 Lloyd Blvd., Suite
1100, Portland, OR 97232.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Anderson at the above
address, by phone at (503) 231-2226, or by email at,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Section 120 of the MMPA (16 U.S.C. 1361, et seq.) allows the
Secretary of Commerce, acting through the Assistant Administrator for
Fisheries, and the West Coast Regional Administrator of NMFS, the
discretion to authorize the intentional lethal taking of individually
identifiable pinnipeds that are having a significant negative impact on
salmonid fishery stocks that are either: (1) Listed under the ESA, (2)
approaching a threatened or endangered status, or (3) migrate through
the Ballard Locks in Seattle. The authorization applies only to
pinnipeds that are not: (1) Listed under the ESA, (2) designated as
depleted, or (3) designated a strategic stock.
On October 6, 2017, NMFS received an application signed by the
director of the Oregon Department of Fish and Wildlife (ODFW) on the
state's behalf, requesting authorization under section 120 of the MMPA
to intentionally take, by lethal methods, individually identifiable
predatory CSL in the vicinity of Willamette Falls, which were then
having a significant negative impact on the recovery of threatened UWR
spring-run Chinook salmon and UWR winter steelhead. As required under
the MMPA, NMFS convened a Pinniped-Fishery Interaction Task Force (Task
Force). The role of the Task Force is to recommend to NMFS approval or
denial of the state's application along with recommendations of the
proposed location, time, and method of such taking, criteria for
evaluating the success of the action, and the duration of the
intentional lethal taking authority. The Task Force must also suggest
non-lethal alternatives, if available and practicable, including a
recommended course of action.
Pursuant to the MMPA, NMFS determined that the state's application
contained sufficient information to warrant convening the Task Force.
On November 9, 2017, NMFS published a notice in the Federal Register
(82 FR 52083), announcing receipt of the state's application, and
soliciting public comments on the application and any additional
information that NMFS should consider in making its decision. On August
20-22, 2018, NMFS convened a Task Force that was open to the public.
The Task Force reviewed the state's application, public comments on the
application, and other information related to CSL predation on UWR
spring-run Chinook salmon and UWR winter steelhead at Willamette Falls.
The Task Force completed and submitted its report to NMFS on October
15, 2018. The majority of Task Force members present at the meeting (12
of 16) recommended that NMFS approve the state's application, while 1
Task Force member recommended that NMFS deny the state's application,
and 3 Task Force members abstained. All decision documents, including a
copy of the authorization, are available on NMFS's West Coast Region
web page (see ADDRESSES).
Findings
As required under section 7(a)(2) under the ESA, NMFS completed
informal consultation, and in accordance with NEPA, NMFS completed an
environmental assessment with a finding of no significant impact. In
considering a state's application to lethally remove pinnipeds, NMFS is
also required, pursuant to section 120(b)(1) of the MMPA, to determine
that individually identifiable pinnipeds are having a significant
negative impact on the decline or recovery of at-risk salmonid fishery
stocks. Based on these requirements, considerations, and analyses, NMFS
has determined that the requirements of section 120 of the MMPA have
been met and it is therefore reasonable to issue an authorization to
the state for the lethal removal of individually identifiable predatory
CSL through 2023.
Dated: November 21, 2018.
Donna Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-25871 Filed 11-26-18; 8:45 am]
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