[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Pages 45730-45732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18751]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XW004
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: On June 13, 2019, NMFS received an application from the Oregon
Department of Fish and Wildlife, the Washington Department of Fish and
Wildlife, the Idaho Department of Fish and Game, on behalf of their
respective states; the Nez Perce Tribe, the Confederated Tribes of the
Umatilla Indian Reservation, the Confederated Tribes of the Warm
Springs Reservation of Oregon, the Confederated Tribes and Bands of the
Yakama Nation; and the Willamette Committee (hereafter called--
``eligible entities''). The eligible entities are requesting
authorization to intentionally take, by lethal methods, California sea
lions (Zalophus californianus) and Steller sea lions (Eumetopias
jubatus: Eastern stock) that are located in the main stem of the
Columbia River between river mile 112 and McNary Dam (river mile 292),
or in any tributary to the Columbia River that includes spawning
habitat of threatened or endangered salmon or steelhead (Onchorynchus
spp.). This action is intended to reduce or eliminate sea lion
predation on the fishery stocks that are listed as threatened or
endangered under the Endangered Species Act of 1973.
DATES: Comments must be received by October 29, 2019.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2019-0073,
by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0073, click
the ``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Comments on the application should be addressed to:
National Marine Fisheries Service, 1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232 ATTN: Protected Resources Division, NOAA-NMFS-2019-
0073.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All personal identifying information (e.g., name, address,
etc.) voluntarily submitted by the commenter may be publically
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter ``N/A'' in the required
fields, if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Mr. Robert Anderson, NMFS, West Coast
Region (503) 231-2226.
SUPPLEMENTARY INFORMATION:
Electronic Access
The application is available via the internet at the following
address: http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/authorized_stateshtml.
Statutory Authority
Section 120 of the Marine Mammal Protection Act (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, to authorize the intentional lethal taking of
individually identifiable pinnipeds that are having a significant
negative impact on the decline or recovery of salmonid fishery stocks
which have been listed as threatened or endangered species under the
ESA, are approaching threatened species or endangered species status
(as those terms are defined in that Act), or migrate through the
Ballard Locks at Seattle, Washington.
Section 120(b)(1) establishes the criteria whereby a state may
apply to the Secretary requesting authorization for the intentional
lethal taking of individually identifiable pinnipeds which are having a
significant negative impact on the decline or recovery of salmonid
fishery stocks. Section 120(b)(2) requires that any such application
shall include a means of identifying the individual pinniped or
pinnipeds, and shall include a detailed description of the problem
interaction and expected benefits of the taking.
Section 120(c)(1) requires the Secretary to determine whether an
application has produced sufficient evidence to warrant establishing a
Pinniped-Fishery Interaction Task Force (Task Force). On June 18, 2019,
NMFS determined that the application received on June 13, 2019,
contained sufficient evidence to warrant establishing a Task Force,
which will be established after the closing of a public comment period.
Public Law 115-329, the Endangered Salmon Predation Prevention Act
of 2018, amended Public Law 103-238, the MMPA Amendments of 1994, by
replacing section 120(f) California sea lions and Pacific harbor seals;
investigation and report, with a new section 120(f) Temporary Marine
Mammal Removal Authority on the Waters of the Columbia River or its
Tributaries.
The 2018 amendments to section 120(f) superseded the individually
identifiable and significant negative impact criteria, within the
meaning of section 120(b)(1), by statutory exception. The 2018
Amendments also included additional eligible entities \1\ not
identified in section 120(b)(1), that may apply for authorization to
intentionally take, by lethal methods, sea lions present within the
geographic area (see Summary) established in section 120(f). For the
purposes of this application, a sea lion or sea lions present within
the geographic area (see Summary) established in section 120(f) are
deemed to be individually
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identifiable and to be having a significant negative impact, within the
meaning of section 120(b)(1), as defined by section 120(f)(7) and (8)
(MMPA; 16 U.S.C. 1389(f)(7) and (8)). As such, and even though an
application submitted under section 120(f) is still required to provide
a detailed description of the problem interaction (or future potential
interaction) and the expected benefits of the taking, an eligible
entity is not required to include in their application a means of
identifying the individual sea lion or sea lions, or demonstrate that
the sea lion predation impacts are having a significant negative impact
on the decline or recovery of the above-mentioned at-risk fish stocks,
within the meaning of section 120(b)(1).
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\1\ The Nez Perce Tribe, the Confederated Tribes of the Umatilla
Indian Reservation, the Confederated Tribes of the Warm Springs
Reservation of Oregon, the Confederated Tribes and Bands of the
Yakama Nation; and the section 120(f)(6)(D) Committee. The
120(f)(6)(D) Committee fulfills the requirements for an eligible
entity under section 120(f)(6)(A)(iii) of the MMPA. Pursuant to this
section of the statute, the Committee members include the Oregon
Department of Fish and Wildlife, the Confederated Tribes of the
Umatilla Indian Reservation, the Confederated Tribes of the Warm
Springs Reservation of Oregon, the Confederated Tribes of the Grand
Ronde Community, and the Confederated Tribes of the Siletz Indians
of Oregon.
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Section 120(f)(2)(C) requires the Secretary to establish procedures
to coordinate issuance of permits [authorizations] under this
subsection, including application procedures and timelines, delegation
and revocation of permits to and between eligible entities, monitoring,
periodic review, and geographic, seasonal take, and species-specific
considerations. Therefore, in establishing the procedures pursuant to
section 120(f)(2)(C), NMFS will continue to rely on existing timelines,
procedures, considerations, and information requirements in sections
120(b), 120(c), 120(e), and 120(i), to assist the Task Force with its
deliberations and recommendation, and for the Secretary to make a
decision to approve or deny an application.
Pursuant to section 120(f)(2)(C), on June 4, 2019, NMFS issued a
Decision Memorandum establishing application requirements and program
implementation procedures for prospective and approved authorizations
issued to an eligible entity under section 120(f). The June 4, 2019,
Decision Memorandum fulfilled the statutory requirement that the
Secretary establish procedures to coordinate issuance of permits
[authorizations] pursuant to section 120(f). Taken together, NMFS will
consider existing section 120 procedures and the 120(f)(2)(C)
procedures to fulfill the information requirements for applications
submitted under section 120(f).
Prospective authorizations apply only to sea lions that are not
listed under the ESA, or designated as a depleted or strategic stock
under the MMPA. California and Steller sea lions are not listed under
the ESA nor are they designated as a depleted or strategic stock under
the MMPA.
Pursuant to section 120(f), an eligible entity may request
authorization to lethally remove sea lions, and the Regional
Administrator is required to: (1) Review the application to determine
whether the applicant has produced sufficient evidence to warrant
establishing a Task Force to address the situation described in the
application; (2) publish a notice in the Federal Register requesting
public comment on the application, if sufficient evidence has been
produced; (3) establish and convene a Task Force; (4) consider any
recommendations made by the Task Force in making a determination
whether to approve or deny the application; and (5) if approved,
immediately take steps to implement the intentional lethal taking,
which shall be performed by agencies or qualified individuals described
in section 120(c)(4), or by individuals employed by the eligible
entities described in section 120(f)(6).
Section 120(c)(2) requires the Task Force be composed of the
following: (1) Employees of the Department of Commerce; (2) scientists
who are knowledgeable about the pinniped interaction; (3)
representatives of affected conservation and fishing community
organizations; (4) Indian Treaty tribes; (5) the states; and (6) such
other organizations as NMFS deems appropriate. The Task Force reviews
the application, the factors contained in section 120(d), and public
comments and, as required by section 120, 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 June 13, 2019, NMFS received an application pursuant to section
120(f) from the above-mentioned eligible entities. The eligible
entities are requesting authorization to intentionally take, by lethal
methods, California sea lions (Zalophus californianus) and Steller sea
lions (Eumetopias jubatus: Eastern stock) that are located in the
mainstem of the Columbia River between river mile 112 and McNary Dam
(river mile 292), or in any tributary to the Columbia River that
includes spawning habitat of threatened or endangered salmon or
steelhead (Onchorynchus spp.) to reduce or eliminate sea lion predation
on the following fishery stocks that are listed as threatened or
endangered under the ESA: Lower Columbia River Chinook salmon (O.
tshawytscha), Snake River Fall-run Chinook salmon, Snake River Spring/
Summer-run Chinook salmon, Upper Columbia River Spring-run Chinook
salmon, Upper Willamette River Chinook salmon, Lower Columbia River
steelhead, Middle Columbia River steelhead (O. mykiss), Snake River
Basin steelhead, Upper Columbia River steelhead, Upper Willamette River
steelhead, Columbia River chum salmon (O. keta), Lower Columbia River
coho salmon (O. kisutch), Snake River sockeye salmon (O. nerka), and
Southern Distinct Population Segment of eulachon (Thaleichthys
pacificus).
According to the information in the application, sea lion
predation, within the geographic area (see Summary) established in
section 120(f), is having a significant negative impact on the recovery
on the above-mentioned fishery stocks. Additionally, the application
states that removal of sea lions is also intended to protect species of
lamprey or sturgeon that may not be listed as endangered or threatened
but are listed as a species of concern.
On June 18, 2019, NMFS provided the above-mentioned eligible
entities a letter acknowledging receipt of their application and a
determination that the application produced sufficient evidence of the
problem interaction to warrant establishing a Task Force. The
application provides: Detailed information that documents sea lion
population trends; a detailed description of the problem interaction,
including estimates of the numbers of sea lions present within the
geographic area (see Summary) established in section 120(f); numbers of
salmonids consumed and the proportion of all salmonids that have been
taken by sea lions at Bonneville Dam and Willamette Falls (a subarea of
the geographic area (see Summary) established in section 120(f); past
efforts to nonlethally deter sea lions; methods for capturing, handling
and euthanizing sea lions; and a detailed description of the expected
benefits of the taking of sea lions.
The proposed action to address sea lion predation is part of a
comprehensive salmon and steelhead recovery strategy. As reported in
the application, significant actions to address the decline of salmon
and steelhead stocks in the Columbia River basin have been underway for
several decades, and are progressing each year as a result of the
implementation of ESA recovery plans throughout the Columbia River
basin. These actions include harvest reductions, hydroelectric system
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mitigation, habitat restoration, predation management, and hatchery
reforms.
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 the number of
animals 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.
Request for Comments and Other Information
NMFS solicits public comments on the application and any additional
information that should be considered by the Task Force in making its
recommendation, or by 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 within the
geographic area (see Summary) established in section 120(f) on the
above-mentioned fish stocks.
NMFS requests that comments be specific. In particular, we request
information regarding: (1) Observations of sea lion predation activity
on salmonids and eulachon within the geographic area (see Summary)
established in section 120(f); (2) information on areas where numbers
of sea lions are concentrated within the geographic area (see Summary)
established in section 120(f), including resting/haul out sites and
locations where sea lions have been repeatedly observed taking
salmonids and eulachon; and (3) dates when sea lions have been observed
within the geographic area (see Summary) established in section 120(f).
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 section 120(c) must, to the
maximum extent practicable, consist of an equitable balance among
representatives of resource users and non-users as outlined above.
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: August 26, 2019.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2019-18751 Filed 8-29-19; 8:45 am]
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