[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23990]
[[Page Unknown]]
[Federal Register: September 27, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 092294D]
Marine Mammals; Pinniped Removal Authority
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of establishment of a Pinniped-Fishery Interaction Task
Force and notice of first public meeting.
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SUMMARY: NMFS announces the establishment of a Pinniped-Fishery
Interaction Task Force (Task Force) on the sea lion/steelhead conflict
at the Ballard Locks in Seattle, WA. The Task Force is being
established pursuant to section 120 of the Marine Mammal Protection Act
(MMPA), as recently amended. Section 120 of the MMPA sets forth a
process for consideration of intentional lethal taking of individually
identifiable pinnipeds that are having a significant negative impact on
salmonids that migrate through the Ballard Locks in Seattle. The first
Task Force meeting, which is open to the public, coincides with the
date of establishment of the Task Force.
DATES: The first public meeting of the Task Force, is scheduled for
September 30, 1994, at 10:00 a.m.
ADDRESSES: The Task Force meeting will be held in the Auditorium,
Building 9, at NOAA's Western Regional Center, 7600 Sand Point Way NE.
in Seattle, WA.
FOR FURTHER INFORMATION CONTACT: Joe Scordino, Northwest Region, 206-
526-6143 or Ken Hollingshead, Office of Protected Resources, 301-713-
2055.
SUPPLEMENTARY INFORMATION: NMFS received an application from the State
of Washington on July 12, 1994, to consider the lethal removal of
California sea lions that are depredating a wild run of winter
steelhead as they migrate through the Ballard Locks. In accordance with
the process set forth in section 120 of the MMPA, NMFS determined that
the State's application provided sufficient evidence to warrant
establishment of a Task Force to consider authorizing the intentional
lethal taking of California sea lions that prey on wild winter-run
steelhead that migrate through the Ballard Locks in Seattle, WA. Notice
of receipt and acceptance of the State's application, along with an
explanation of the process set forth in section 120 of the MMPA, was
published in the Federal Register on August 2, 1994 (59 FR 39325) with
a request for public comments. The public comment period closed on
September 10, 1994, and approximately 100 public comments were
received.
NMFS announces that, effective September 30, 1994, the Pinniped-
Fishery Interaction Task Force is established and will have 60 days (in
accordance with section 120 of the MMPA) or until November 30, 1994 to
develop and submit its recommendations to NMFS. The Task Force will
have 21 members consisting of scientists who are knowledgeable about
the sea lion/steelhead conflict, representatives of conservation and
fishing community organizations, the State, Indian tribes, NOAA and
other Federal agencies involved in the conflict at the Locks.
The Task Force is to review the public comments received in
response to the Federal Register document and pertinent factual
information on the sea lion/steelhead interaction and within 60 days:
1. Recommend to NMFS whether to approve or deny the proposed
intentional lethal taking of pinnipeds, along with the recommendation a
description of the specific pinniped individuals, the proposed
location, time, and method of such taking, criteria for evaluating the
success of the action, and the duration of the intentional lethal
taking authority; and
2. Suggest non-lethal alternatives, if available and practicable,
including a recommended course of action.
All meetings will be open to the public, but the public will not be
allowed to discuss or debate issues with the Task Force at its
meetings. However, NMFS does intend to have a pre-designated, limited
amount of time at the Task Force's first meeting to allow the public to
provide new or relevant information that may assist the Task Force in
its deliberations. Subsequent meetings will be determined by the Task
Force during its deliberations. Public notice of subsequent meetings of
the Task Force will be announced through NOAA Press Releases. The
public may call the NOAA Public Affairs Office in Seattle at 206-526-
6046 to obtain more detailed information on the Task Force meeting
dates, times and locations.
In addition, in accordance with section 120 of the MMPA, the Task
Force may need to meet again after January of 1995 to discuss the
effectiveness of its recommended actions after implementation.
Specifically, the MMPA requires that the Task Force evaluate the
effectiveness of the permitted intentional lethal taking or alternative
actions implemented. If implementation is ineffective in eliminating
the interaction problem, the Task Force shall recommend additional
actions. If the implementation is effective, the Task Force shall so
advise NMFS and the Task Force will be disbanded.
In considering whether the State's application should be approved
or denied, the Task Force is to consider:
1. Population trends, feeding habits, the location of the pinniped
interaction, how and when the interaction occurs, and how many
individual pinnipeds are involved;
2. Past efforts to nonlethally deter such pinnipeds, and whether
the applicant has demonstrated that no feasible and prudent
alternatives exist and that the applicant has taken all reasonable
nonlethal steps without success;
3. The extent to which such pinnipeds are causing undue injury or
impact to, or imbalance with, other species in the ecosystem, including
fish populations; and
4. The extent to which such pinnipeds are exhibiting behavior that
presents an ongoing threat to public safety.
NMFS expects the Task Force to strive to reach agreement on its
recommendations. To enhance this process, NMFS has procured the
services of a professional facilitator to chair the meetings of the
Task Force. However, if consensus is not achieved, the Task Force
should have each member vote on the controversial decisions or
recommendations. The Task Force recommendation on whether to recommend
lethal taking and other determinations should be made upon a simple
majority vote; however, the minority view should be provided the
opportunity to submit its recommendations in writing to NMFS at the
same time the majority view is submitted. The basis and justification
for the recommendations and determinations should be included in the
Task Force's written recommendation. The Task Force should specifically
address those considerations outlined above, and any other
considerations used by the Task Force in formulating its
recommendations. Other considerations may include the likelihood of
success of the proposed or recommended action and relationship to any
long-term solutions to the interaction problem.
The role of the Task Force is to provide recommendations to NMFS;
the final decision on whether to approve the requested lethal removal
remains with NMFS. In this regard, NMFS has asked the Task Force to
fully consider and provide recommendations on all aspects of the
interaction problem, including nonlethal alternatives and steps that
should be taken toward a long-term solution. In accordance with the
MMPA, upon receipt of the Task Force's recommendations, NMFS will have
30 days to decide whether to approve or deny the State's application
for lethal removal. Notice of the final decision will be published in
the Federal Register.
Dated: September 22, 1994.
William W. Fox, Jr., Ph.D.,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 94-23990 Filed 9-26-94; 8:45 am]
BILLING CODE 3510-22-F
