[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Pages 14889-14890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7885]
[[Page 14889]]
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DEPARTMENT OF COMMERCE
[I.D. 030497D]
Pacific Coast Pinniped Interaction Investigation and Report
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA),
NMFS conducted an investigation to determine whether California sea
lions and Pacific harbor seals are having a significant negative impact
on the recovery of certain salmonid stocks or on the coastal ecosystems
of Washington, Oregon, and California. After completion of the report
of the scientific investigation (scientific report), NMFS prepared a
draft report to Congress to submit recommendations, resulting from
discussions with the Pacific States Marine Fisheries Commission (PSMFC)
to address issues and problems identified in the scientific report. The
scientific report is complete and available for public information, and
the draft report to Congress is available for public review and comment
(see ADDRESSES).
DATES: Comments on the draft report to Congress must be submitted on or
before June 26, 1997.
ADDRESSES: Copies of the scientific report and the draft report to
Congress are available from, and written comments should be sent to,
William Stelle, Jr., Administrator, NMFS, Northwest Region, 7600 Sand
Point Way, NE., BIN C15700, Seattle, WA 98115, Attn: West Coast
Pinniped Report, or Michael Payne, Chief, Marine Mammal Division,
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910, Attn: West Coast Pinniped Report.
FOR FURTHER INFORMATION CONTACT: Joe Scordino (206) 526-6143, or Tom
Eagle (301) 713-2322.
SUPPLEMENTARY INFORMATION:
Background
The MMPA directs the Secretary of Commerce (Secretary) to conduct a
scientific investigation to determine if California sea lions and
Pacific harbor seals (a) are having a significant negative impact on
the recovery of salmonid fishery stocks that have been listed as
endangered species or threatened species under the Endangered Species
Act (ESA), or that the Secretary finds are approaching endangered or
threatened status; or (b) are having broader impacts on the coastal
ecosystems of Washington, Oregon, and California. After completion of
the investigation, NMFS on the behalf of the Secretary is directed to
enter into discussions with the PSMFC on behalf of Washington, Oregon,
and California, to address any issues or problems identified as a
result of the scientific investigation, and to develop recommendations
to address such issues or problems. The recommendations from these
discussions, along with the scientific report, are to be made available
to the public for review and comment for a period of 90 days, and then
submitted to Congress.
NMFS established a Working Group to investigate the matters
directed by Congress. Because NMFS did not have available resources and
there was insufficient time to conduct rigorous field investigations on
the issues identified by Congress within the specified 1-year
timeframe, the investigation focused on a review of information from
past field studies. The Working Group consisted of NMFS and state
biologists with expertise in salmonids, marine mammals, and the
interactions between them. The Working Group compiled and reviewed all
available information on the status and trends of California sea lions,
Pacific harbor seals, and the seven species of salmonids found in
Washington, Oregon, and California. Members also conducted several
additional studies to augment existing information. The Working Group
produced the scientific report, ``Investigation of Scientific
Information on Impacts of California Sea Lions and Pacific Harbor Seals
on Salmonids and on the Coastal Ecosystems of Washington, Oregon and
California,'' which has been submitted for publication as a NOAA
technical memorandum.
In June 1996, NMFS began discussions with PSMFC and representatives
of Washington, Oregon, and California. Over the course of four meetings
and numerous conference calls during the last 8 months, two issues were
identified from the scientific investigation, and four recommendations
were developed.
Issues
The two issues on pinniped impacts on salmonids and west coast
ecosystems described in the Report are:
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 negatively impacting
commercial and recreational fisheries, damaging private property, and
posing threats to public safety.
Recommendations
The four recommendations in the draft report to Congress are:
1. Implement site-specific management for California sea lions and
Pacific harbor seals. Establish a framework that would allow state and
Federal resource management agencies to immediately address conflicts
involving California sea lions and Pacific harbor seals. 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 would be: (a) In situations
where California sea lions or Pacific harbor seals are preying on
salmonids that are listed or proposed for listing under the ESA,
immediate use of lethal removal by state or Federal resource agency
officials would be authorized; (b) in situations where California sea
lions or Pacific harbor seals are preying on salmonid populations of
concern to the state 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 (i) non-lethal
deterrence methods are underway and are not fully effective, or (ii)
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 humans, such as at
fishery sites and marinas, lethal removal by state or Federal resource
agency officials would be authorized as a last resort when an
individual pinniped fails to respond to repeated deterrence attempts,
or when repeated deterrence attempts do not affect the behavior of an
individual pinniped over the long-term.
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
[[Page 14890]]
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
fishermen to protect gear and catch. Prior to the 1994 Amendments to
the MMPA, commercial fishermen 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. A
limited authorization, based on demonstrated need, should be provided
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 draft report
to Congress.
Authority: 16 U.S.C. 1389(f)
Dated: March 24, 1997.
Hilda Diaz-Soltero,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 97-7885 Filed 3-27-97; 8:45 am]
BILLING CODE 3510-22-F
