[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Notices]
[Pages 9981-9982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5007]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 022299B]
Report to Congress; Impacts of Pinnipeds on Salmonids and West
Coast Ecosystems
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability.
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SUMMARY: NMFS announces the availability of a Report to Congress on the
impacts of California sea lions and Pacific harbor seals (pinnipeds) on
salmonids and West Coast ecosystems. The report provides
recommendations for addressing issues and problems with expanding
pinniped populations on the West Coast. NMFS prepared this report in
accordance with section 120(f) of the Marine Mammal Protection Act
(MMPA).
ADDRESSES: Copies of the Report to Congress are available from NMFS,
Northwest Regional Office, 7600 Sand Point Way, NE., Seattle, WA 98115.
The report also can be obtained on the Internet at http://
www.nwr.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Joe Scordino (206) 526-6143, Irma
Lagomarsino (562) 980-4016, or Donna Wieting (301) 713-2322.
SUPPLEMENTARY INFORMATION: The 1994 amendments to the MMPA directed the
Secretary of Commerce (Secretary) to conduct a 1-year scientific
investigation to determine whether California sea lions and Pacific
harbor seals were having (1) a significant negative impact on the
recovery of salmonid fishery stocks that have been listed as endangered
or threatened species under the Endangered Species Act (ESA) or that
the Secretary finds are approaching endangered or threatened status or
(2) broader impacts on the coastal ecosystems of Washington, Oregon,
and California. Because NMFS did not have available resources and
sufficient time to conduct rigorous field investigations on the issues
identified by Congress within the specified 1-year timeframe, it
established a Working Group in 1995 that focused the scientific
investigation on a review of information from past field studies. The
final Working Group report was published in March 1997 as a part of the
NOAA technical memorandum series (NOAA Technical Memorandum NMFS-NWFSC-
28) entitled, ``Investigation of Scientific Information on the Impacts
of California Sea Lions and Pacific Harbor Seals on Salmonids and on
the Coastal Ecosystems of Washington, Oregon, and California.'' Copies
of this report are available on the Internet at http://
www.nwfsc.noaa.gov/pubs/tm/tm28/tm28.htm.
After completion of the scientific investigation, in accordance
with the MMPA, NMFS, on behalf of the Secretary, entered into
discussions with the Pacific States Marine Fisheries Commission
(PSMFC), on behalf of Washington, Oregon, and California, to address
issues or problems identified as a result of the scientific
investigation and to develop recommendations to address such issues or
problems. In February 1997, the discussions were completed, and NMFS
prepared a draft report to Congress to recommend measures to address
issues identified in the discussions with PSMFC and representatives of
the coastal states. On March 28, 1997 (62 FR 14889), NMFS published
notification in the Federal Register on the availability of the draft
report to Congress for a 90-day public review and comment period. Over
300 letters and 3000 postcards commenting on the draft report were
received.
After consideration of public comments, NMFS completed the Report
to Congress. A summary of those comments with NMFS responses is
[[Page 9982]]
attached as an Appendix to the Report to Congress.
The two issues on pinniped impacts on salmonids and west coast
ecosystems described in the Report are as follows:
1. California sea lion and Pacific harbor seal populations on the
West Coast are increasing while many salmonid populations are
decreasing. Salmonid populations that are depressed and declining,
especially those that are listed or proposed to be listed under the
ESA, can be negatively impacted by expanding pinniped populations and
attendant predation.
2. Increasing California sea lion and Pacific harbor seal
populations and their expanding distribution are impacting negatively
commercial fisheries, affecting recreational fishing and private
property, and posing threats to public safety.
The Report to Congress has four recommendations:
1. Implement site-specific management for California sea lions and
Pacific harbor seals. Congress should consider a new framework that
would allow state and Federal resource management agencies to
immediately address conflicts involving California sea lions and
Pacific harbor seals. This framework should provide a streamlined
approach for Federal and state resource management agencies to take
necessary and appropriate action with pinnipeds, including lethal
taking when necessary, that are involved in resource conflicts. Any
lethal takings would have to be within the Potential Biological Removal
levels established by NMFS for all human causes of mortality.
The three components of the framework are as follows: (1) In
situations where California sea lions or Pacific harbor seals are
preying on salmonids that are listed as or proposed to be, candidates
for listing under the ESA, immediate use of lethal removal by state or
Federal resource agency officials would be authorized; (2) in
situations where California sea lions or Pacific harbor seals are
preying on salmonid populations of concern or are impeding passage of
these populations during migration as adults or smolts, lethal takes by
state or federal resource agency officials would be authorized if (a)
non-lethal deterrence methods are underway and are not fully effective,
or (b) non-lethal methods are not feasible in the particular situation
or have proven ineffective in the past; and (c) in situations where
California sea lions or Pacific harbor seals conflict with human
activities, such as at fishery sites and marinas, lethal removal by
state or Federal resource agency officials would be authorized after
non-lethal deterrence has been ineffective.
2. Develop safe, effective non-lethal deterrents. In order to
provide an array of options broader than lethal removal to resolve West
Coast pinniped problems, there is a pressing need for research on the
development and evaluation of deterrent devices and further exploration
of other non-lethal removal measures. Potential options need to be
evaluated in a concerted, adequately funded effort to address this
issue. Research and development of pinniped deterrence methods should
be a research priority for addressing expanding pinniped populations on
the West Coast.
3. Selectively reinstate authority for the intentional lethal
taking of California sea lions and Pacific harbor seals by commercial
fishers to protect gear and catch. Prior to the 1994 Amendments to the
MMPA, commercial fishers were allowed to kill certain pinnipeds, as a
last resort, in order to protect their gear or catch. Although the 1992
NMFS legislative proposal contained provisions to continue such
authority, it was not included in the 1994 Amendments to the MMPA.
Congress should reconsider providing a limited authorization, based on
demonstrated need, to certain commercial fishermen at specified sites
to use lethal means, as a last resort, to protect their gear and catch
from depredation by California sea lions and Pacific harbor seals until
such time that effective non-lethal methods are developed for their
specific situation.
4. Information needs. An array of additional information is needed
to better evaluate and monitor California sea lion and Pacific harbor
seal impacts on salmonids and other components of the West Coast
ecosystems. Details of such studies are described in the Report to
Congress.
The Report to Congress was submitted on February 10, 1999 to the
House of Representatives Committee on Resources and to the Senate
Committee on Commerce, Science, and Transportation in accordance with
the MMPA. Congress will consider the report in the reauthorization of
the MMPA. Copies of the Report to Congress are available to the public
on request (see ADDRESSES).
Authority: 16 U.S.C. 1389(f).
Dated: February 22, 1999.
Hilda Diaz-Soltero,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 99-5007 Filed 02-26-99; 8:45 am]
BILLING CODE 3510-22-F
