[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Notices]
[Pages 13153-13155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7184]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 031196B]
Marine Mammals; Pinniped Removal Authority
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of revised Letter of Authorization and availability of
an Environmental Assessment.
-----------------------------------------------------------------------
SUMMARY: NMFS announces modifications to the conditions for the lethal
removal of individually identifiable California sea lions that are
impacting winter steelhead that migrate through the Ballard Locks in
Seattle, WA, under a Letter of Authorization (LOA) issued to the State
of Washington. NMFS also announces the availability of an Environmental
Assessment (EA) that examines the environmental consequences of
alternatives for modifying the conditions for lethal removal of sea
lions.
ADDRESSES: A copy of the EA and other documentation may be obtained by
writing to William Stelle, Jr., Director, Northwest Region, NMFS, 7600
Sand Point Way NE, Seattle, WA 98115, or by telephoning (206) 526-6150.
SUPPLEMENTARY INFORMATION: Pursuant to section 120(b) of the Marine
Mammal Protection Act (MMPA), the State of Washington submitted an
application to NMFS on June 30, 1994, requesting consideration of
lethal removal of California sea lions at the Ballard Locks in Seattle,
WA. In response to the application, NMFS formed the Ballard Locks
Pinniped-Fishery Interaction Task Force (Task Force). The Task Force
met in late 1994, reviewed the available information and recommended
approval of lethal removal with conditions. NMFS took the
recommendations of the Task Force and public comments into
consideration and issued a 3-year LOA to the Washington Department of
Fish and Wildlife (WDFW) on January 4, 1995, that provided terms and
conditions for lethal removal through June 30, 1997. NMFS prepared an
EA in January 1995 that considered lethal removal, as well as non-
lethal alternatives, and determined that the authorized lethal removal
would not have a significant effect on the human environment in
accordance with the Council on Environmental Quality's regulations
implementing the National Environmental Policy Act (NEPA).
Section 120 of the MMPA requires that the Task Force ``evaluate the
effectiveness of the permitted intentional lethal taking or alternative
actions implemented'' and ``if implementation was ineffective in
eliminating the problem interaction, the Task Force shall recommend
additional actions.'' Accordingly, the Task Force was reconvened in
September 1995 to evaluate the effectiveness of the measures taken by
the State during the winter steelhead run in 1995 and prepared a report
with recommendations for modifications to the LOA to eliminate sea lion
predation on returning adult steelhead to the maximum extent possible.
The report and recommendations were submitted to NMFS on November 8,
1995.
[[Page 13154]]
Based on the Task Force report and new information collected since
issuance of the LOA in January 1995, NMFS has concluded that the
previously issued conditions under which the lethal removal of
California sea lions may be implemented, should be modified to better
protect the depressed and declining Lake Washington winter steelhead
population. The winter steelhead spawning escapement in 1994/95 was 126
fish, and the 1995/96 run size is predicted to be approximately 146
steelhead. The 1995/96 steelhead run comprises primarily the progeny
from the 1990/91 and 1991/92 brood years when escapements exceeded 200
fish (621 and 599 respectively) and, therefore, represents the ``last
best'' opportunity to have sufficient numbers of spawners available
upon which to base a potentially successful recovery program. After the
1995/96 run, the number of returning adult spawners will likely decline
precipitously because the broodstock in the years that will produce
these future runs was extremely small; the 1996/97 run is estimated to
be less than 100 steelhead. The 1995/96 run size projection of 146
steelhead is substantially below the goal of 1600 spawners (91 percent
below) needed to fully seed the available habitat. In addition, the
number of returning adult steelhead is within the range considered to
be near the threshold level below which the ability of the population
to recover may be impaired. Therefore, sea lion predation on adult
spawners returning in 1996 and beyond is likely to have a significant
negative impact on the status and recovery of this steelhead
population. In contrast, only a small number of ``predatory'' male sea
lions (about six to ten) are responsible for the impacts on the
steelhead run, and removal of these sea lions will have an
insignificant impact on the current population of California sea lions
(U.S. stock), which is estimated to be in excess of 161,000 individuals
and has been increasing at a rate of 5.2 percent since 1975.
In accordance with section 120 of the MMPA, NMFS has modified the
conditions contained in the LOA issued to the State of Washington on
January 4, 1995, and sent a letter to the State stipulating the new
conditions for lethal removal of ``predatory'' California sea lions at
the Ballard Locks as follows.
1. Non-lethal deterrence efforts, such as acoustic deterrence, must
be attempted prior to lethal removal. If an ``acoustic barrier'' is
implemented, other means of non-lethal deterrence, such as underwater
firecrackers, should be attempted on sea lions that enter and forage in
the ensonified area.
2. Only ``predatory'' California sea lions may be lethally removed.
A ``predatory'' sea lion is an individually identified sea lion (i.e.,
one bearing a brand mark, dart tag, flipper tags or other
distinguishable natural marks) that:
a. Has been observed by biologists monitoring sea lion predation to
have preyed on returning steelhead in the inner bay area of the Lake
Washington Ship Canal (upstream of the railroad bridge); and
b. Has penetrated the acoustic barrier and has been observed
foraging in the ensonified zone during the steelhead run since January
1, 1994 (when the acoustic deterrence program began); and
c. Is observed engaging in foraging behavior in the inner bay area
(upstream of the railroad bridge) during the current steelhead season,
between January 1 and May 31, by biologists monitoring sea lion
predation at the Locks.
3. Information collected to date indicates that sea lions with
brand numbers 17, 41 and 225 meet the definition of a ``predatory'' sea
lion if they are observed foraging in the inner bay area during the
current or next year's steelhead season from January 1 to May 31.
Furthermore, sea lions with brand numbers 45 and 87 will meet the
definition if they are observed to prey on a steelhead in the inner bay
area during the current or next year's steelhead season from January 1
to May 31. Lethal removal of other sea lions is authorized only if the
State determines that the subject animal meets the ``predatory'' sea
lion definition and obtains concurrence with such determination from
the Director, Northwest Region, NMFS (Regional Director).
4. Lethal removal of ``predatory'' sea lions is authorized from
January 1 through May 31. The State shall report any lethal takings
under this authorization to the Regional Director within 48 hours
following implementation of the lethal action.
5. Active capture methods utilizing tangle nets and potential use
of drugs, which may result in sea lion mortality, are authorized for
use only on ``predatory'' sea lions.
6. The State will convene an Animal Care Committee (ACC) to provide
recommendations on the handling of the sea lions.
a. The ACC membership is (1) to consist of veterinarians, marine
mammal caretakers, and Federal and State marine mammal biologists, and
(2) to be approved by the Regional Director.
b. The ACC shall review active capture protocols and make
recommendations on the procedures and use of any drugs.
c. The ACC shall develop protocols for euthanizing sea lions.
7. ``Predatory'' sea lions that are identified for lethal removal
are to be euthanized using protocols developed by the ACC.
Nevertheless, the State shall provide sea lions captured for lethal
removal to an Indian tribe with treaty rights to harvest marine mammals
in the Lake Washington Ship Canal that requests the animals for
subsistence use. In that circumstance, the State shall allow the tribe
to dispatch the animal in a humane manner that allows for subsistence
use.
8. If 15 sea lions are lethally removed under this authorization,
lethal removal must cease, and NMFS will immediately reconvene the Task
Force for the purpose of evaluating the effectiveness of the measures
implemented and making recommendations on further actions.
9. This authorization may be modified or revoked by NMFS based on
Task Force recommendations under Condition (8) above.
10. This authorization is valid until June 30, 1997, although it
may be modified as needed.
a. On September 1 of each year that this authorization is valid,
the State must submit a report on the efforts undertaken to reduce
predation, its compliance with the conditions in this authorization,
and how the State will comply with the conditions in the following
year. The report also must describe progress on longer-term efforts
being undertaken by the State to address recovery of winter steelhead.
b. Pursuant to 16 U.S.C. 1389(c)(5), after receipt of the report,
NMFS will ask the Task Force to evaluate the State's report and the
effectiveness of any lethal take and the alternative actions. NMFS will
consider the report, the Task Force recommendations, and the
considerations set out in 16 U.S.C. 1389, and may modify or extend the
authorization and conditions for the following year, or revoke the
authorization for lethal take.
NEPA requires that Federal agencies conduct an environmental
analysis of their actions to determine if the actions may affect the
environment. Accordingly, NMFS prepared an EA that explores the
environmental consequences of four alternatives to modifying the
conditions for lethal removal, as a last resort to protect the
depressed Lake Washington winter steelhead migrating through the
Ballard Locks from predation by California sea
[[Page 13155]]
lions. This 1996 EA is a supplement to, and augments, an EA prepared in
1995 that examined non-lethal alternatives to lethal removal. The EA
also provides additional information and results of actions taken to
protect and enhance the winter steelhead population in 1995.
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). The EA and FONSI have been
prepared in accordance with NEPA and implementing regulations at 40 CFR
parts 1500 through 1508 and NOAA guidelines concerning implementation
of NEPA found in the NOAA Administrative Order 216-6.
Additional information on steelhead enhancement and management
measures being taken by the State of Washington, or a copy of the EA
and FONSI is available upon request (see ADDRESSES).
Dated: March 13, 1996.
William W. Fox, Jr., Ph.D.,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 96-7184 Filed 3-25-96; 8:45 am]
BILLING CODE 3510-22-F
