[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Notices]
[Pages 52330-52332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18570]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA315]


Marine Mammals; Pinniped Removal Authority; Approval of 
Application

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

ACTION: Notice of availability.

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SUMMARY: NMFS announces approval of an application 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 
(I-205 bridge) and river mile 292 (McNary Dam), 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 species that are 
listed as threatened or endangered under the Endangered Species Act of 
1973, and species of lamprey or sturgeon that are not listed as 
endangered or threatened but are listed as a species of concern. This 
authorization is pursuant to section 120(f) 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 (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 species 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)

[[Page 52331]]

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 species. 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.
    The Endangered Salmon Predation Prevention Act of 2018 (Pub. L. 
115-329) replaced the existing MMPA section 120(f) with a new section 
120(f)--Temporary Marine Mammal Removal Authority on the Waters of the 
Columbia River or its Tributaries. The new 120(f) provides separate 
authority for NMFS to issue permits allowing the intentional lethal 
taking of sea lions for the purpose of protecting ESA-listed fish 
species and species of lamprey and sturgeon that are listed as species 
of concern. Under section 120(f), sea lions are deemed to be 
individually identifiable and having a significant negative impact on 
the protected fish species when the sea lions are located in defined 
areas of the Columbia River and its tributaries. These areas include 
the mainstem of the Columbia River between river mile 112 (I-205 
bridge) and river mile 292 (McNary Dam), and in any tributary to the 
Columbia River that includes spawning habitat of threatened or 
endangered salmon or steelhead (Onchorynchus spp.) are deemed to be 
individually 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)). Public Law 115-
329 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 
established in section 120(f).
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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 Willamette Committee as defined in section 
120(f)(6)(D) of the MMPA.
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    Pursuant to section 120(f) of the MMPA, 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 Pinniped-Fishery Interaction Task Force (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 under contract to such agencies (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 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 recommendations for 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.
    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. Pursuant to section 120(f)(2)(C), on June 4, 2019, NMFS 
issued a Decision Memorandum to fulfill this statutory requirement by 
establishing application requirements and program implementation 
procedures for prospective and approved authorizations issued to an 
eligible entity under section 120(f). Permits issued under section 
120(f) may only authorize take of sea lions that are not listed under 
the ESA, or designated as a depleted or strategic stock under the MMPA.
    On June 13, 2019, NMFS received an application pursuant to section 
120(f) from the following entities: Oregon Department of Fish and 
Wildlife, the Washington Department of Fish and Wildlife, the Idaho 
Department of Fish and Game, 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 \2\ (hereafter 
referred to as the ``eligible entities''). The eligible entities 
requested authorization to intentionally take, by lethal methods, 
California sea lions and Steller sea lions that are located in the 
mainstem of the Columbia River between river mile 112 and river mile 
292 (McNary Dam), 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 species 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), the southern 
distinct population segment of eulachon (Thaleichthys pacificus), and 
species of lamprey or sturgeon that are not listed as threatened or 
endangered but are listed as a species of concern. California and 
Steller sea lions are not listed under the ESA nor are they designated 
as a depleted or strategic stock under the MMPA.
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    \2\ The Willamette 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. The Confederated Tribes of the Grand Ronde 
Community and the Confederated Tribes of the Siletz Indians of 
Oregon will coordinate and conduct lethal removal activities in the 
Willamette River Basin with the member co-managers, but not 
elsewhere in the Columbia River Basin.
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    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. On August 30, 
2019, NMFS published a notice in the Federal Register (84 FR

[[Page 52332]]

45730) requesting public comment on the application, any additional 
information NMFS should consider in making its decision, and 
nominations for potential Task Force members. As required under the 
MMPA, after the close of the public comment period NMFS established the 
Task Force and convened a Task Force meeting on May 12, 2020 through 
May 14, 2020. The Task Force meeting was open to the public.
    The Task Force completed and submitted its report to NMFS on July 
14, 2020. The majority of Task Force members present at the meeting (16 
of 22) recommended that NMFS approve the eligible entities' application 
with certain terms and conditions, while two Task Force members 
recommended that NMFS deny the application, one Task Force member 
abstained, and three Task Force members were intermittently absent and 
did not provide a recommendation. The Task Force report also included 
recommendations pursuant to the requirements in section 120(c)(3)(A) of 
the MMPA and also considered the factors identified in MMPA section 
120(d). All decision documents, including a copy of the authorization, 
are available on NMFS' 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 the National 
Environmental Policy Act, NMFS completed an environmental assessment 
with a finding of no significant impact.
    Based on these requirements, NMFS has determined that the 
requirements of section 120(f) of the MMPA have been met and it is 
therefore reasonable to issue a permit to the eligible entities 
authorizing them to remove (i.e., place in permanent captivity or kill) 
no more than 540 California sea lions and no more than 176 Steller sea 
lions (eastern stock) through August 14, 2025.

    Dated: August 19, 2020.
Angela Somma,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2020-18570 Filed 8-24-20; 8:45 am]
BILLING CODE 3510-22-P