97-34145. Marine Mammals; Environmental Assessment on Preventing California Sea Lion Foraging and Predation on Salmonids at the Willamette Falls, Oregon  

  • [Federal Register Volume 63, Number 1 (Friday, January 2, 1998)]
    [Notices]
    [Pages 55-60]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-34145]
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    [I.D. 120497B]
    
    
    Marine Mammals; Environmental Assessment on Preventing California 
    Sea Lion Foraging and Predation on Salmonids at the Willamette Falls, 
    Oregon
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Notice of availability and finding of no significant impact.
    
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    SUMMARY: NMFS announces the availability of an Environmental Assessment 
    (EA) that examines the
    
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    environmental consequences of preventing California sea lion foraging 
    and predation on salmonids at the Willamette Falls in Oregon. The 
    proposed action consists of non-lethal measures that are authorized 
    under the Marine Mammal Protection Act (MMPA). NMFS has evaluated the 
    environmental consequences of the proposed action and has concluded 
    that it is unlikely to result in any significant impacts on the human 
    environment and, therefore, has made a finding of no significant impact 
    (FONSI).
    
    ADDRESSES: A copy of the final EA may be obtained by writing to William 
    Stelle, Jr., Regional Administrator, Northwest Region, NMFS, 7600 Sand 
    Point Way NE, Seattle, WA 98115.
    
    FOR FURTHER INFORMATION CONTACT: Joe Scordino (206)526-6143, or Tom 
    Eagle (301)713-2322.
    
    SUPPLEMENTARY INFORMATION: The National Marine Fisheries Service, in 
    cooperation with the Oregon State Department of Fish and Wildlife 
    (ODFW), prepared an EA that examines the environmental consequences of 
    three alternatives for preventing sea lion foraging and predation on 
    returning adult salmonids and outmigrating smolts at Willamette Falls: 
    (1) No action; (2) non-lethal removal of California sea lions (proposed 
    action); and (3) lethal removal of sea lions foraging at the Falls. The 
    proposed action is to implement a program of non-lethal measures to 
    prevent sea lion predation at the Willamette Falls while continuing to 
    monitor the resource conflict at this site. The proposed action is 
    authorized under section 109(h)(1)(C) of the MMPA, which allows the 
    non-lethal removal of nuisance marine mammals by local, state, and 
    Federal officials.
        A draft EA was made available for a 30-day public comment period. 
    NMFS published a notice in the Federal Register on March 13, 1997 (62 
    FR 11845), that announced the availability of the draft EA and 
    requested public comments. Seven public comments were received, and the 
    EA was revised in response to the comments. A summary of the comments 
    received and responses to the comments are given here:
        Comment 1: The situation at the Willamette Falls does not warrant 
    lethal removal.
        Response: Lethal removal of sea lions at Willamette Falls is not 
    proposed because it has not been authorized under section 120 of the 
    MMPA. Section 120 provides a process for a state to obtain authority 
    for lethal removal, but Oregon has not applied for this authority.
        Comment 2: The proposed action does not address all of the 
    potential factors causing depletion of salmonids in the system. One 
    commenter suggested that causes of salmonid population decline should 
    be investigated, and another recommended that NMFS and ODFW evaluate 
    and assess predation in comparison to other factors.
        Response: The State is addressing other factors that may be 
    affecting the decline of salmonids in the Willamette River basin; 
    however, the principal cause for decline appears to be the reduced 
    ocean survival. The scope of the EA and the proposed action, which 
    complements State efforts to address other factors affecting salmonids, 
    is limited to addressing the increasing presence of California sea 
    lions foraging at the Falls and the prevention of predation from 
    escalating to a point where it may impact salmonids, especially if the 
    salmonid stocks remain low or decline further.
        Comment 3: The proposed action is consistent with general state 
    fish and wildlife authorities.
        Response: NMFS agrees.
        Comment 4: The EA does not show that predation has caused the 
    decline of the runs or is likely to have caused a negative effect on 
    the run. Commenters noted that the decline of steelhead and spring 
    chinook salmon occurred before sea lions could have had any noticeable 
    effect, and, therefore, actions to reduce sea lion predation are 
    unwarranted. One commenter supported the no-action alternative because 
    sea lions are not the cause of the decline.
        Response: NMFS agrees that sea lion predation is not the cause of 
    the decline; however, if action is not taken to address increasing 
    foraging by sea lions, predation may increase to a point where 
    predation is impacting salmonid stocks in the Willamette River, 
    especially if the number of returning adults remains low or declines 
    further.
        Comment 5: An Environmental Impact Statement (EIS) should be 
    prepared in order to provide a more comprehensive appraisal of this 
    action.
        Response: An EIS is not required for this action because the 
    environmental consequences of non-lethally removing a few sea lions 
    from the Willamette Falls area will not result in any significant 
    impact to the environment.
        Comment 6: The removal (lethal or non-lethal) of sea lions could 
    result in increased predation. Commenters were concerned that the 
    removed sea lions will be quickly replaced by other animals. One 
    commenter also was opposing the use of underwater firecrackers or other 
    methods which may inadvertently result in an increase of predation in 
    the long term because these methods have not been shown to have lasting 
    effectiveness in other applications.
        Response: Because sea lions are opportunistic predators, predation 
    patterns develop relative to animal presence, prey availability, and 
    vulnerability. Based on observations at the Ballard Locks in 
    Washington, different methods of sea lion removal may be more or less 
    effective in reducing sea lion presence or in reducing the 
    vulnerability of fish to predation, depending upon the number of 
    animals involved and the location or circumstances of the predation. 
    NMFS believes that the proposed action will prevent sea lion foraging 
    and predation on salmonids at the Willamette Falls because the number 
    of sea lions to be removed is still small, the patterns of predation do 
    not appear well established, and the area is geographically remote from 
    where sea lions normally occur; thus, inseason replacement is unlikely. 
    In contrast, the alternative of taking no action to prevent foraging 
    and predation will likely result in escalation of the problem because 
    animals already present will become more effective at catching 
    salmonids at the site, and new animals will learn these effective 
    strategies as they arrive.
        Comment 7: An additional alternative should be added to investigate 
    the real and primary cause of the fish run declines (e.g., hatchery 
    fish competition, fish passage problems due to construction and 
    operation of the fishway and dam, water, and general habitat 
    degradation) and to implement solutions to mitigate them.
        Response: The scope of the proposed action is limited to preventing 
    sea lion predation; measures to address other causes of salmonid 
    declines are underway by the State, and a separate alternative on such 
    actions is unnecessary and outside the scope of this action. Natural 
    production (wild spawning) of spring chinook is low, owing primarily to 
    lost spawning habitat. As mitigation for lost wild production, the 
    majority of the spring chinook are hatchery produced. Hatchery produced 
    spring chinook originate from native stocks and are virtually 
    indistinguishable from wild spawners. Hatchery release practices and 
    harvest regulations for hatchery steelhead are designed to minimize 
    competition for available wild spawning habitat. Ocean productivity 
    over the past several years has been influenced by a multi-year 
    climatic event (El Nino) that has impacted ocean survival of
    
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    salmonid stocks, including those returning to the Willamette. 
    Nonetheless, if numbers remain low or decline further, the potential 
    for sea lion predation to have a significant impact remains real, and 
    non-lethal removal actions are warranted.
        Comment 8: No actions should be taken with sea lions until the 
    proposed non-lethal deterrents are tested and an implementation plan is 
    developed. The commenter recommended that an independent group of 
    pinniped and fisheries biologists be established to oversee the 
    development of a monitoring and research plan for evaluating the 
    effectiveness of various non-lethal deterrents.
        Response: NMFS has tested and implemented the non-lethal deterrence 
    measures in pinniped interactions elsewhere on the Pacific Coast, with 
    no discernable deleterious affects on California sea lions or serious 
    injuries to personnel. Implementation of the individual measures will 
    be dependent on available resources during a given season. NMFS will 
    continue to request assistance from independent experts when necessary; 
    however, the formation of an oversight committee is not necessary or 
    warranted for actions taken under section 109 of the MMPA.
        Comment 9: Non-lethal removal should not be authorized under 
    section 109 (h)(1)(C) because the EA does not specify the numbers of 
    animals to be taken, specify the exact methods to be used, specify the 
    risk of injury or mortality to individual animals, provide evidence 
    that sea lion predation is adversely affecting fish passage, or provide 
    scientific data on the degree of impact of sea lion predation on the 
    affected stocks.
        Response: Section 109(h)(1)(C) of the MMPA authorizes the taking of 
    marine mammals by public officials during the performance of their 
    official duties. This authorization does not require the specification 
    of the number of animals to be taken, exact methods, degree of risk, or 
    evidence that the animals to be taken have exceeded some pre-determined 
    behavioral threshold. However, some of these factors would need to be 
    considered for authorization for the lethal removal of individually 
    identifiable pinnipeds under section 120 of the MMPA.
        Comment 10: The proposed action does not appear likely to 
    contribute to the enhancement of Willamette River fish runs. One 
    commenter stated that non-lethal removal of sea lions can only give a 
    false hope of salmonid recovery because sea lions have not been 
    determined to be negatively affecting the fish runs.
        Response: The proposed action is to reduce or eliminate sea lion 
    predation on salmonids and to prevent it from escalating to a point 
    where it may negatively impact salmonid runs at this site. Predation is 
    one of the factors affecting survival of adult spawners, and reduction 
    or elimination of this mortality factor should, therefore, contribute 
    to the enhancement and recovery of the involved salmonid runs.
        Comment 11: Neither the regulations nor the statute provides a 
    definition of what constitutes a ``nuisance animal,'' and, lacking a 
    definition, the commenter found it difficult to evaluate whether sea 
    lions at Willamette Falls are a nuisance animal.
        Response: NMFS acknowledges that neither the statute nor the 
    implementing regulations provide a specific definition for ``nuisance'' 
    marine mammal. However, the legislative history of the MMPA includes 
    removal of seals from a fish ladder as an appropriate interpretation of 
    the nuisance animal provision. Sea lions constitute a nuisance at the 
    Falls because their foraging and predatory behavior is contrary to the 
    purpose of the fishway to pass fish upstream, and uncontrolled 
    predation at freshwater sites outside the normal habitat of sea lions, 
    especially where fish are congregated and vulnerable to predation, is 
    contrary to conservation efforts for recovering depressed and declining 
    fish stocks.
        Comment 12: The EA incorrectly states that Willamette Falls is 
    outside the normal range of California sea lions.
        Response: As the California sea lion population has increased since 
    the early 1970s, reports of animals occurring in areas previously not 
    documented have also increased. NMFS is not aware of any documented 
    historical occurrence of California sea lions at the Willamette Falls 
    other than the sightings noted in the EA and, therefore, considers the 
    occurrence of sea lions far upriver at the Falls in a freshwater 
    environment to be beyond the normal range.
        Comment 13: The nuisance determination is not appropriate because 
    the effect of sea lions on fish runs may be only negligible.
        Response: Section 109 of the MMPA does not establish a threshold of 
    damage that must be exceeded in order for a determination to be made on 
    whether an animal is a nuisance. The non-lethal removal measures 
    proposed are to reduce or eliminate sea lion predation on salmonids and 
    to prevent it from escalating to a point where it may negatively impact 
    the fish runs. If lethal removal were to be used under section 120 of 
    the MMPA, then it would be necessary to show that individual pinnipeds 
    are having a significant negative impact on the status or recovery of 
    salmonid populations that are listed under the Endangered Species Act 
    (ESA) or approaching listing.
        Comment 14: To effectively recover the salmonid populations, 
    additional restrictions should be placed on commercial and recreational 
    fisheries, barriers to passage should be removed, spawning habitat 
    should be restored, hatchery operations should be improved, and power 
    generating operations should be evaluated. The commenter recommended 
    that the burden to conserve fish stocks should be distributed 
    proportionately among all human causes before penalizing sea lions for 
    eating fish.
        Response: The State is addressing factors affecting the status of 
    salmonid populations, including restricting commercial and recreational 
    fisheries. Reducing or eliminating sea lion predation will be 
    complementary to other State efforts to enhance and restore salmonid 
    runs. In regard to barriers to passage, the Willamette Falls is a 
    natural barrier to fish passage and the fishway was constructed to 
    enhance adult passage to spawning habitat.
        Comment 15: The design and construction of existing fishways should 
    be re-evaluated to devise ways for salmonid species to avoid sea lion 
    predation.
        Response: Plans are underway to modify the fishway to improve fish 
    passage. An engineering evaluation of the fishway was completed in 
    1992, and that report is now referenced in the EA. Fishway design and 
    alteration information were not included in the draft EA because 
    contract work and planning processes for fishway maintenance and 
    modification are proceeding separately and are outside the scope of the 
    EA. The area of focus for preventing sea lion foraging and predation on 
    salmonids is outside the fishway in adjacent areas including below the 
    Falls.
        Comment 16: The monitoring program should have been implemented 
    before an EA was considered, rather than basing the proposed action on 
    undocumented observations.
        Response: The proposed action is based on results of observations 
    by biologists in 1995 as well as on ODFW-conducted monitoring programs 
    in 1996 and 1997 (as described in the EA), which documented sea lion 
    predation on steelhead and spring chinook.
        Comment 17: Introduced salmonid runs do not warrant the 
    conservation protection of native runs.
        Response: Introduced salmonid runs in the Willamette basin, such as 
    summer
    
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    steelhead, have been made possible by the improved fish passage 
    conditions afforded by the construction of the fish passage facility. 
    These fish have been added to increase and support fishing 
    opportunities in response to public demand. Sport fishing for salmonids 
    is a popular and economically significant industry in the Willamette 
    River basin. The introduced runs have been maintained over several 
    decades without detrimental effect to native Willamette River basin 
    salmonid runs because of hatchery release practices and harvest 
    regulations. Timing of the two steelhead stocks overlap below the 
    Falls, and sea lions are, therefore, likely to intercept both native 
    and non-native stocks when foraging.
        Comment 18: The methods of capturing and relocating sea lions are 
    inadequately described.
        Response: The EA has been revised to provide additional information 
    on capture and translocation of sea lions. More detailed information on 
    California sea lion captures and relocation is included in prior EAs 
    prepared by NMFS (referenced in the EA) for non-lethal measures 
    implemented at the Ballard Locks, and these EAs are available to the 
    public.
        Comment 19: The non-lethal options should not be considered safe 
    because they have not been adequately tested.
        Response: The non-lethal options included in the proposed action 
    have been used previously in other locations and will be implemented 
    under protocols to ensure safety to sea lions as well as personnel 
    involved. The possibility of a sea lion mortality resulting from the 
    proposed measures is very remote.
        Comment 20: The use of underwater firecrackers may deafen sea 
    lions.
        Response: Observations at the Ballard Locks show that individual 
    sea lions continue to respond to noise stimuli in spite of repeated 
    exposures to firecrackers. Nonetheless, it is possible that a close 
    exposure to an exploding firecracker may cause temporary or possibly 
    permanent deafness, so dispatch of firecrackers should be used with 
    caution.
        Comment 21: Aversive conditioning should not be used because this 
    technique did not successfully deter sea lions at the Ballard Locks.
        Response: Aversive conditioning was previously found to be 
    ineffective for use at the Ballard Locks because of difficulties in 
    administering repeat treatments, which are necessary to achieve lasting 
    effect. This method has been included in the proposed action because 
    repeat treatment opportunities may be available at Willamette Falls.
        Comment 22: The EA incorrectly states that sea lions have 
    negatively affected steelhead at the Ballard Locks.
        Response: Based on extensive studies since 1985, NMFS has 
    determined that predation by sea lions is a principal factor affecting 
    the spawning escapement of returning adult winter steelhead in the Lake 
    Washington basin (migrating through the Ballard Locks). The 
    determination is well documented in several EAs prepared by NMFS and by 
    the Washington Department of Fish and Wildlife.
        Comment 23: If sea lions are deterred from the area, it should be 
    done in a minimally invasive and humane manner. One commenter 
    recommended that NMFS should limit the study and implementation of sea 
    lion deterrence measures to those that are humane and realistically 
    promising (e.g., alternative barrier designs, expanded acoustic 
    deterrence devices).
        Response: Section 109 of the MMPA specifies that the taking of a 
    marine mammal by public officials during the performance of their 
    duties shall be accomplished in a humane manner. The non-lethal 
    measures included in the proposed alternative are not expected to cause 
    mortality or serious injury and are intended to have the desired effect 
    of removing foraging sea lions from the area. Additional use of barrier 
    gates in other entrances to the fish ladder will be considered if 
    observations indicate that sea lions are entering the fishway through 
    those entrances. The use of acoustic deterrent devices is included in 
    the proposed action.
        Comment 24: The funds spent on sea lions should be used for such 
    other factors as fish passage, competition with hatchery fish, and 
    habitat concerns.
        Response: The State is addressing other factors that may be 
    affecting salmonids in the Willamette River basin, and the removal of 
    sea lions will complement those efforts. Non-lethal removal measures 
    will be combined with the NMFS-funded sea lion monitoring program to 
    minimize costs. Efforts to improve and update the fishway are 
    proceeding under different funding.
        Comment 25: The EA should provide more information on why fish use 
    fishway entrance 1 so much less than other ladder entrances.
        Response: It is difficult to fully assess passage through entrance 
    1 in comparison with the other three fishway entrances because of 
    fishway configuration. The different entrances have been constructed to 
    provide passage opportunities for fish under a wide range of flow 
    conditions. Passage conditions during the spring result in greater 
    passage by spring chinook and steelhead through fishway entrance 2, 
    whereas fall chinook more frequently use fishway entrance 1. The EA has 
    been modified to provide this clarification.
        Comment 26: The goal of resource managers should be the restoration 
    of native fish runs that have declined rather than reducing sea lion 
    predation.
        Response: NMFS and ODFW agree that the restoration and maintenance 
    of native fish populations are important goals, and the State is active 
    in addressing these goals. Prevention of sea lion foraging in locations 
    where declining runs are concentrated and vulnerable does not conflict 
    with this goal.
        Comment 27: The construction of dams is the single most likely 
    cause for salmonid declines, not sea lion predation.
        Response: Dam construction in the Willamette River basin has been 
    completed for decades, and salmonid stocks have been maintained through 
    successful hatchery practices and fishery regulation. Low ocean 
    survival conditions over an extended period have affected returns in 
    recent years in spite of stable hatchery production.
        Comment 28: The capture and relocation of sea lions are unlikely to 
    be successful and will not significantly benefit salmonids passing 
    through the Willamette Falls fishway. The commenters suggested new sea 
    lions would probably replace those that have been removed.
        Response: NMFS agrees that previous translocation efforts with 
    California sea lions from the Ballard Locks have not been totally 
    successful. However, due to the distance inland to the Falls and the 
    small numbers of animals found far upriver, other sea lions may not 
    immediately replace animals that have been deterred or removed from the 
    area of the Falls.
        Comment 29: Because experience with the use of the partially 
    submerged cage trap is inadequate, raising concerns for the safety of 
    personnel and the possible drowning of sea lions exist.
        Response: The trap design maintains open air space above the 
    surface of the water to allow a captured animal to surface and breathe, 
    thereby negating a concern for animals drowning. The trap was 
    successfully used to capture and handle an adult harbor seal without 
    mishap or injury.
        Comment 30: Active capture techniques will present high risk to sea 
    lions and humans.
        Response: Techniques that involve an elevated level of risk for the 
    animals, such as tangle nets and anesthetizing
    
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    drugs, are not proposed for use at Willamette Falls because protocols 
    for their implementation in the moving river environment have not been 
    developed. The final EA has been modified to clarify that active 
    capture using tangle nets in the river is not proposed.
        Comment 31: Non-lethal removal of sea lions should not occur until 
    the salmonid stocks are threatened with extinction by predation.
        Response: Section 109 of the MMPA does not require that salmonid 
    stocks must be approaching an endangered status before non-lethal 
    taking of sea lions can occur. The intent of the proposed action is to 
    be proactive and prevent predation from increasing to a point where it 
    may have a negative impact on the salmonid stocks.
        Comment 32: The EA should provide more detail on the dams, 
    hatcheries, rivers and tributaries, river flows over time, fluctuations 
    in salmonid populations, numbers of salmonids using the locks, and 
    suitable conditions for passage. The commenters also stated that it 
    would be helpful if the document was expanded to explain the operation 
    of the locks, the paper mill and power generation, and the allocation 
    of water between fish passageways, and to provide more information on 
    genetic relationships of runs, limiting factors on salmonid 
    populations, water quality or industrial outflows, redd counts, habitat 
    considerations, harvest regulation, and hatchery surpluses.
        Response: The EA has been modified to address additional background 
    information, and references that provide more details have been 
    incorporated in the EA.
        Comment 33: The information on fish runs and passage should be 
    presented in a tabular format for clarification.
        Response: The EA has been modified to include tables on spring 
    chinook and steelhead runs and passage.
         Comment 34: The EA does not demonstrate that sea lions are having 
    a significant, deleterious effect on passage.
        Response: Non-lethal removal of sea lions from the fish passage 
    facility are authorized under section 109(h), which does not require a 
    demonstration that a significant, deleterious effect is occuring; 
    however, NMFS and ODFW have investigated fish passage at the Willamette 
    Falls facility. Observations suggested that sea lions were adversely 
    affecting fish passage by foraging at the entrance to the fish ladder 
    and preventing access, and consuming and dispersing adult salmonids 
    that were attempting to enter the fishway to progress upstream. Until a 
    barrier was installed in entrance 1 to the fish ladder, sea lions were 
    foraging on salmonids inside the fish ladder, thereby preventing fish 
    passage.
        Comment 35: The EA should describe the possibility that the 
    California sea lion population, with its population growth, may be 
    poised for a population crash.
        Response: There is no evidence of density dependent signals to 
    indicate that the sea lion population is approaching carrying capacity. 
    When that occurs, the population will fluctuate in response to factors 
    that limit continued growth.
        Comment 36: The EA should explain why Willamette River chinook 
    salmon are candidates for listing under the ESA.
        Response: A coastwide status review of chinook salmon on the 
    Pacific coast is in progress to determine the status of chinook salmon 
    populations with respect to the ESA; therefore, until the status review 
    is completed, Willamette River spring chinook are considered candidate 
    species under the ESA. The EA has been modified to include this 
    clarification.
        Comment 37: The EA does not specify which run of steelhead was 
    consumed by sea lions.
        Response: Winter and summer steelhead are present below the Falls 
    concurrently, and observers are not able to differentiate steelhead 
    when predation is observed.
        Comment 38: Summer steelhead are hatchery-produced fish with no 
    shortage of availability; management strategies can provide flexibility 
    for the time being.
        Response: The focus of the proposed action is to prevent predation 
    on winter steelhead and spring chinook, and summer steelhead are 
    present during the same period. Nonetheless, the summer steelhead 
    population also has declined in spite of hatchery production due to 
    reduced ocean survival conditions that are also affecting winter 
    steelhead and spring chinook salmon. If ocean survival conditions do 
    not improve and run numbers continue to decline, management options 
    will continue to erode and hatchery operations could be jeopardized.
        Comment 39: The EA incorrectly states that there is no controversy 
    or uncertainty on the effects of the proposed non-lethal removal 
    measures.
        Response: The proposed action is to use non-lethal measures that 
    have been used and assessed at the Ballard Locks. These actions have 
    been demonstrated to have no adverse effect on California sea lions, 
    and, therefore, there is no scientific controversy or uncertainty on 
    the effects of the proposed non-lethal removal actions. The final EA 
    includes a complete description of the finding of no significant impact 
    of the proposed action.
        Comment 40: The decline in winter steelhead from 1995 to 1996 was 
    reported as 72 percent, but it should be 62 percent.
        Response: The steelhead run declined from 4,693 in 1995 to 1,801 in 
    1996, which is a 62 percent decline. The EA has been corrected.
        Comment 41: The total time that sea lions were present in 1995 and 
    an estimate of total predation are not in the EA.
        Response: Observations in 1995 were quite limited and no data were 
    collected on the total time spent foraging by sea lions that year; 
    therefore, no extrapolation of predation was attempted. An estimated 
    kill rate for the limited time observed in 1995 is included in the EA.
        Comment 42: The EA mischaracterizes animal protection groups' 
    support for the no-action alternative because the benefit is that sea 
    lions would not be disturbed.
        Response: NMFS has received comments favoring no action to prevent 
    sea lion foraging and predation, and the EA has been modified to 
    reflect this.
        Comment 43: The EA incorrectly states that the no-action 
    alternative will likely result in a negative reaction by a large sector 
    of the public. The commenter suggested that this applies only to the 
    opinions of fishers.
        Response: NMFS and ODFW have received numerous telephone calls from 
    members of the public requesting that the resource agencies take some 
    action to remove sea lions from Willamette Falls. The characterization 
    of total representation in comparison to general population has been 
    deleted from the EA.
        Comment 44: The EA is not correct that many people would resent 
    their tax dollars being spent on hatchery production that results in 
    food only for sea lions. The commenter felt that many people would 
    resent tax dollars spent on non-lethal removal of sea lions.
        Response: NMFS and ODFW have received numerous complaints from 
    members of the public regarding the past lack of action by resource 
    agencies to stop sea lions from feeding on salmonids at Willamette 
    Falls while fisheries are being restricted and fish numbers are low. 
    The EA has been modified to indicate that comments have been received 
    favoring no action as well.
        Comment 45: The EA should provide more detailed information on the 
    barrier gate and its effectiveness. One
    
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    commenter noted that observations made at fishway entrance 1 indicate 
    that sea lions commonly forage at the face of the barrier gate, and out 
    to about 10 feet (3.048 meters) below the barrier. One commenter 
    questioned whether the barrier gate could be expanded from riverbank to 
    riverbank to keep sea lions out of area.
        Response: The EA has been modified to include additional 
    observations on the barrier gate. The barrier gate prevents predation 
    from occurring within the fish ladder at fishway entrance 1, but it has 
    not stopped sea lions from foraging at the face of the barrier and 
    areas adjacent to the fish ladder entrance. The installation of barrier 
    gates at other fish ladder entrances will be assessed if foraging 
    inside those entrances is noted. A physical barrier across the 
    Willamette River is not feasible or practical.
        ACTION: The EA has been modified as described in the responses to 
    the comments. NMFS has evaluated the environmental consequences of the 
    alternatives and has concluded that the proposed action is unlikely to 
    result in any significant impacts on the human environment and, 
    therefore, has made a finding of no significant impact (FONSI). The EA 
    and FONSI have been prepared in accordance with National Environmental 
    Policy Act (NEPA) and with implementing regulations at 40 CFR parts 
    1500 through 1508 and NOAA guidelines concerning implementation of NEPA 
    found in NOAA Administrative Order 216-6.
        Copies of the EA and FONSI are available (See ADDRESSES).
        Dated: December 22, 1997.
    Hilda Diaz-Soltero,
    Director, Office of Protected Resources, National Marine Fisheries 
    Service.
    [FR Doc. 97-34145 Filed 12-31-97; 8:45 am]
    BILLING CODE 3510-22-F
    
    
    

Document Information

Published:
01/02/1998
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Notice
Action:
Notice of availability and finding of no significant impact.
Document Number:
97-34145
Pages:
55-60 (6 pages)
Docket Numbers:
I.D. 120497B
PDF File:
97-34145.pdf