81 FR 17141 - Marine Mammals; Pinniped Removal Authority
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 59 (March 28, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 59 (March 28, 2016)
| Page Range | 17141-17143 | |
| FR Document | 2016-06928 |
[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)] [Notices] [Pages 17141-17143] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06928] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE461 Marine Mammals; Pinniped Removal Authority AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce (NOAA), Commerce. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: On March 15, 2012, NMFS issued a Letter of Authorization (LOA) under section 120 of the Marine Mammal Protection Act (MMPA) to the States of Idaho, Oregon, and Washington (States) for the intentional take, by lethal methods, of individually identifiable California sea lions (Zalophus californianus) in the vicinity of Bonneville Dam, on the Columbia River in Washington and Oregon, that are having a significant negative impact on Pacific salmon and steelhead (Onchorhynchus spp.) listed as threatened or endangered species under the Endangered Species Act (ESA). The 2012 LOA expires on June 30, 2016. On January 27, 2016, NMFS received an application from the same States to extend the 2012 LOA through June 30, 2021. The States are not requesting any changes or modifications to the terms and conditions of the 2012 LOA. The States' application contains a summary of the status and management of California sea lions and salmonid populations as they relate to the problem interaction at Bonneville Dam. Pursuant to the MMPA, NMFS has [[Page 17142]] determined that the application contains sufficient information to warrant convening a Pinniped-Fishery Interaction Task Force (Task Force), which will deliberate after the closing of a public comment period. NMFS is soliciting comments on the States' application and other relevant information related to pinniped predation on salmonids at Bonneville Dam. DATES: Comments must be received by April 27, 2016. ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0034, by either of the following methods:Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. 1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0034 2. Click the ``Comment Now!'' icon, complete the required fields 3. Enter or attach your comments. Mail: Comments on the application should be addressed to: National Marine Fisheries Service, West Coast Region, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232; ATTN: Robert Anderson, Protected Resource Division. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Robert Anderson, (503) 231-2226. SUPPLEMENTARY INFORMATION: The States' application and further information is available on the NMFS West Coast Region Web site, including but not limited to: the States' application; background information on pinniped predation on listed salmonids; NMFS' past and current authorizations of lethal removal at Bonneville Dam; descriptions of nonlethal efforts to address the predation; Bonneville Dam field reports; Oregon Department of Fish and Wildlife field reports; NMFS' 2008 Final Environmental Assessment; NMFS' 2011 Supplemental Information Report to the Final Environmental Assessment; and NMFS' 2012 Report on Consideration of Statutory Factors under section 120 of the MMPA. The information can be accessed at: http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/authorized_states.html. Statutory Authority Section 120 of the MMPA (16 U.S.C. 1361, et seq.) allows the Secretary of Commerce, acting through the Assistant Administrator for Fisheries, and the West Coast Regional Administrator of NMFS, to authorize the intentional lethal taking of individually identifiable pinnipeds that are having a significant negative impact on the decline or recovery of salmonid fishery stocks which have been listed as threatened or endangered species under the Endangered Species Act (ESA) of 1973 (19 U.S.C. 1531 et seq.). The authorization applies only to pinnipeds that are not listed under the ESA, or designated as a depleted or strategic stock under the MMPA. California sea lions are neither listed under the ESA nor designated as a depleted or strategic stock under the MMPA. Pursuant to section 120(b) and (c), a State may request authorization to lethally remove pinnipeds, and the Regional Administrator is required to: (1) Review the application to determine whether the applicant has produced sufficient evidence to warrant establishing a Pinniped-Fishery Interaction Task Force (Task Force) to address the situation described in the application; (2) establish the Task Force and publish a notice in the Federal Register requesting public comment on the application if sufficient evidence has been produced; (3) consider any recommendations made by the Task Force in making a determination whether to approve or deny the application; and (4) if approved, immediately take steps to implement the intentional lethal taking, which shall be performed by Federal or State agencies, or qualified individuals under contract to such agencies. The MMPA requires the Task Force be composed of the following: (1) NMFS/NOAA staff, (2) scientists who are knowledgeable about the pinniped interaction, (3) representatives of affected conservation and fishing community organizations, (4) treaty Indian tribes, (5) the States, and (6) such other organizations as NMFS deems appropriate. The Task Force reviews the application, other background information, the factors contained in MMPA section 120(d), and public comments and, as required by section 120, recommends to NMFS whether to approve or deny the application. The Task Force is also required to submit with its recommendation a description of the specific pinniped individual or individuals; the proposed location, time, and method of such taking; criteria for evaluating the success of the action; the duration of the intentional lethal taking authority; and a suggestion for non-lethal alternatives, if available and practicable, including a recommended course of action. Background In December 2006, NMFS received an application co-signed by the directors of the Washington Department of Fish and Wildlife, the Oregon Department of Fish and Wildlife, and the Idaho Department of Fish and Game, on the States' behalf, requesting authorization under section 120 of the MMPA to intentionally take, by lethal methods, individually identifiable predatory California sea lions in the Columbia River, which were then having a significant negative impact on the recovery of threatened and endangered Pacific salmon and steelhead. After deeming the States' application complete, NMFS published a notice in the Federal Register seeking public comment on the application and also requested names of potential members of the Task Force (72 FR 4239, January 30, 2007). After the close of the public comment period, NMFS established the Bonneville Task Force under MMPA section 120(d) in August 2007, which consisted of 18 members (72 FR 44833, August 9, 2007). The Bonneville Task Force completed and submitted its report to NMFS on November 5, 2007. Seventeen of the eighteen members supported lethal removal of California sea lions while one member from the Humane Society of the United States (HSUS) opposed the States' application and any lethal removal. NMFS partially approved the State's 2006 request in 2008, issuing its LOA on March 18, 2008. Shortly after NMFS issued the LOA, HSUS filed a lawsuit in the U.S. District Court in Oregon, alleging that NMFS' LOA violated section 120 of the MMPA and the National Environmental Policy Act (NEPA). In November 2008, the district court issued an order upholding NMFS' approval of the lethal removal program and its evaluation of impacts under NEPA. Plaintiffs appealed to the Ninth Circuit Court of Appeals, which declined to halt the removal program while the appeal was pending. On the merits the Ninth Circuit vacated and remanded the LOA in November 2010. Humane Society of the United States, et al. v. Locke, 626 F.3d 1040 (9th Cir. 2010). In response to the court's 2010 decision, the States submitted a new request for lethal removal authorization [[Page 17143]] on December 7, 2010. NMFS considered the request and new information available since its prior authorization, including the Bonneville Task Force's recommendations. NMFS again authorized lethal take, under similar conditions to the 2008 authorization (albeit with modifications), issuing a new LOA on May 13, 2011. HSUS again filed suit this time in federal court for the District of Columbia, alleging, among other things, that NMFS had not followed procedural requirements under MMPA section 120 prior to issuing the new authorization (including public notice and comment on the States' application). In coordination with the States, NMFS revoked the May 13 authorization on July 22, 2011, and HSUS voluntarily withdrew their lawsuit. On August 18, 2011, the States submitted a new request for lethal removal of California sea lions at Bonneville Dam under essentially the same conditions as the prior authorizations. NMFS published notice of the States' application in the Federal Register on September 12, 2011, and requested comment on the application and other relevant information concerning the pinniped-salmonid conflict at Bonneville Dam (76 FR 56167; September 12, 2011). NMFS reconvened the Bonneville Task Force in October 2011 to evaluate the States' application and public comments and to recommend whether NMFS should approve or deny the proposed intentional lethal taking program. The Bonneville Task Force's final report and recommendation was provided to NMFS on November 14, 2011. On March 15, 2012, NMFS issued the current LOA to the States. In renewed litigation by HSUS, this LOA was upheld in district court on February 15, 2013, and later affirmed by the Ninth Circuit Court of Appeals. Humane Society of the US v. Bryson, 924 F.Supp.2d 1228 (D. Or., 2013); HSUS v. Pritzker, No. 13-35195 (9th Cir., 9/27/13). The NMFS West Coast Regional Administrator has considered the States' application and determined that it provides sufficient evidence to warrant reconvening the Bonneville Task Force. The application, based on NMFS' 2012 LOA and its implementation, describes the continuing problem of interactions between pinnipeds and listed salmonids at and below Bonneville Dam, and describes the expected benefits from the removal of pinnipeds. The application also documents past nonlethal efforts to prevent problem pinniped-salmonid interactions. The MMPA requires NMFS to consider the recommendations of the Task Force when determining whether to issue a section 120 LOA. In order to obtain the Bonneville Task Force's views regarding this extension of the existing LOA, NMFS will consult with Bonneville Task Force members after the 30-day public comment period closes. Request for Comments and Other Information NMFS solicits public comments on the States' application and any additional information that should be considered by the Bonneville Task Force in making its recommendation, or by NMFS in making its determination whether to approve or deny the application. Dated: March 22, 2016. Nicole R. LeBoeuf, Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016-06928 Filed 3-25-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices 17141
A. American Samoa requires emergency action under section Agenda
B. Guam 305(c) of the Magnuson-Stevens Act, 1. Welcome and Introductions
C. CNMI provided the public has been notified of 2. Review of Council actions taken
D. Hawaii the Council’s intent to take action to during the April, 2016 Council
E. Marine Recreational Information address the emergency. Meeting
Program and Territory Science
Special Accommodations 3. Questions and Answers
Initiative Projects
4. Adjourn
F. Western Pacific Fishery These meetings are physically
Information Network Database accessible to people with disabilities. Special Accommodations
Transition and Online Interface Requests for sign language This meeting is physically accessible
G. Discussions interpretation or other auxiliary aids to people with disabilities. Requests for
H. Public Comment should be directed to Kitty M. Simonds, sign language interpretation or other
5. 2015 Annual/SAFE Report (808) 522–8220 (voice) or (808) 522– auxiliary aids should be directed to
Recommendations 8226 (fax), at least 5 days prior to the Kathy Pereira at the Gulf Council Office
A. Overall Annual/SAFE Report meeting date. (see ADDRESSES), at least 5 working days
Framework Authority: 16 U.S.C. 1801 et seq. prior to the meeting.
i. Linkages with the on-the-ground
data collection Dated: March 23, 2016. Dated: March 23, 2016.
ii. Timelines for data submission for Tracey L. Thompson, Tracey L. Thompson,
Annual/SAFE Report Acting Deputy Director, Office of Sustainable Acting Deputy Director, Office of Sustainable
B. Discussion on Addressing Fisheries, National Marine Fisheries Service. Fisheries, National Marine Fisheries Service.
Recommendations from the Fishery [FR Doc. 2016–06897 Filed 3–25–16; 8:45 am] [FR Doc. 2016–06921 Filed 3–25–16; 8:45 am]
section BILLING CODE 3510–22–P BILLING CODE 3510–22–P
i. Insular fisheries modules
a. American Samoa
b. Guam DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE
c. CNMI
d. Hawaii National Oceanic and Atmospheric National Oceanic and Atmospheric
ii. Ecosystem Considerations Administration Administration
a. Climate, ecosystems and biological RIN 0648–XE461
section Gulf of Mexico Fishery Management
b. Human dimension section Council; Public Meeting
Marine Mammals; Pinniped Removal
C. Discussions AGENCY: National Marine Fisheries Authority
D. Public Comment Service (NMFS), National Oceanic and
6. Strategic Plan Monitoring Atmospheric Administration (NOAA), AGENCY: National Marine Fisheries
A. 2009 Data Workshop Commerce. Service (NMFS), National Oceanic and
Recommendations and Status Atmospheric Administration,
ACTION: Notice of a public meeting via
B. Status of tasks for the FDCRC Commerce (NOAA), Commerce.
webinar.
Strategic Plan ACTION: Notice; request for comments.
C. Grants and Funding Opportunity SUMMARY: The Gulf of Mexico Fishery
Matrix Management Council will hold a Post SUMMARY: On March 15, 2012, NMFS
D. Group discussion on status Council Meeting Briefing for the public issued a Letter of Authorization (LOA)
monitoring procedure via webinar. under section 120 of the Marine
E. Discussions DATES: The meeting will convene on
Mammal Protection Act (MMPA) to the
F. Public Comment Monday, April 18, 2016; starting at 6 States of Idaho, Oregon, and
p.m. EDT and ending no later than 9 Washington (States) for the intentional
8:30 a.m.–12 p.m., Friday, April 15, take, by lethal methods, of individually
2016 p.m. EDT.
identifiable California sea lions
ADDRESSES: The meeting will take place
7. Improving the on-the-ground data (Zalophus californianus) in the vicinity
collection via webinar at: https:// of Bonneville Dam, on the Columbia
A. How much more do we need to attendee.gotowebinar.com/register/ River in Washington and Oregon, that
collect: SHINY Database Analytics 3457390497527000068. are having a significant negative impact
B. BioSampling Program Review Council address: Gulf of Mexico
on Pacific salmon and steelhead
C. Establishing Import-Export Fishery Management Council, 2203 N.
(Onchorhynchus spp.) listed as
Database System Lois Avenue, Suite 1100, Tampa, FL
threatened or endangered species under
D. Discussions 33607; telephone: (813) 348–1630.
the Endangered Species Act (ESA). The
E. Public Comment FOR FURTHER INFORMATION CONTACT: 2012 LOA expires on June 30, 2016. On
8. General Discussions Charlene Ponce, Public Information January 27, 2016, NMFS received an
9. FDCRC–TC Recommendations Officer, Gulf of Mexico Fishery application from the same States to
10. Other Business Management Council; charlene.ponce@ extend the 2012 LOA through June 30,
Non-emergency issues not contained gulfcouncil.org, telephone: (813) 348– 2021. The States are not requesting any
in this agenda may come before the 1630. changes or modifications to the terms
Lhorne on DSK5TPTVN1PROD with NOTICES
Council for discussion and formal SUPPLEMENTARY INFORMATION: Click the and conditions of the 2012 LOA.
Council action during its 163rd meeting. link below to register for the webinar: The States’ application contains a
However, Council action on regulatory https://attendee.gotowebinar.com/ summary of the status and management
issues will be restricted to those issues register/3457390497527000068. After of California sea lions and salmonid
specifically listed in this document and registering, you will receive a populations as they relate to the
any regulatory issue arising after confirmation email containing problem interaction at Bonneville Dam.
publication of this document that information about joining the webinar. Pursuant to the MMPA, NMFS has
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![Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices 17143
on December 7, 2010. NMFS considered Task Force when determining whether Agenda
the request and new information to issue a section 120 LOA. In order to The committee will receive and
available since its prior authorization, obtain the Bonneville Task Force’s discuss a progress report from the Plan
including the Bonneville Task Force’s views regarding this extension of the Development Team on a prototype or
recommendations. NMFS again existing LOA, NMFS will consult with example Fishery Ecosystem Plan (eFEP).
authorized lethal take, under similar Bonneville Task Force members after A final report is scheduled to be
conditions to the 2008 authorization the 30-day public comment period presented at the June 2016 Council
(albeit with modifications), issuing a closes. meeting. They will also discuss
new LOA on May 13, 2011. HSUS again establishing an EBFM Advisory Panel
filed suit this time in federal court for Request for Comments and Other
Information and developing a Fishery Ecosystem
the District of Columbia, alleging, Plan scoping process. Other business
among other things, that NMFS had not NMFS solicits public comments on will be discussed if time permits.
followed procedural requirements under the States’ application and any
MMPA section 120 prior to issuing the additional information that should be Special Accommodations
new authorization (including public considered by the Bonneville Task This meeting is physically accessible
notice and comment on the States’ Force in making its recommendation, or to people with disabilities. Requests for
application). In coordination with the by NMFS in making its determination sign language interpretation or other
States, NMFS revoked the May 13 whether to approve or deny the auxiliary aids should be directed to
authorization on July 22, 2011, and application. Thomas A. Nies, Executive Director, at
HSUS voluntarily withdrew their (978) 465–0492, at least 5 days prior to
lawsuit. Dated: March 22, 2016.
Nicole R. LeBoeuf,
the meeting date.
On August 18, 2011, the States
submitted a new request for lethal Chief, Marine Mammal and Sea Turtle Authority: 16 U.S.C. 1801 et seq.
removal of California sea lions at Conservation Division, Office of Protected Dated: March 23, 2016.
Bonneville Dam under essentially the Resources, National Marine Fisheries Service. Tracey L. Thompson,
same conditions as the prior [FR Doc. 2016–06928 Filed 3–25–16; 8:45 am] Acting Deputy Director, Office of Sustainable
authorizations. NMFS published notice BILLING CODE 3510–22–P Fisheries, National Marine Fisheries Service.
of the States’ application in the Federal [FR Doc. 2016–06894 Filed 3–25–16; 8:45 am]
Register on September 12, 2011, and BILLING CODE 3510–22–P
requested comment on the application DEPARTMENT OF COMMERCE
and other relevant information
concerning the pinniped-salmonid National Oceanic and Atmospheric
DEPARTMENT OF COMMERCE
conflict at Bonneville Dam (76 FR Administration
56167; September 12, 2011). NMFS National Oceanic and Atmospheric
New England Fishery Management
reconvened the Bonneville Task Force Administration
Council; Public Meeting
in October 2011 to evaluate the States’ RIN 0648–XE525
application and public comments and to AGENCY: National Marine Fisheries
recommend whether NMFS should Service (NMFS), National Oceanic and Endangered and Threatened Species;
approve or deny the proposed Atmospheric Administration (NOAA), Take of Anadromous Fish
intentional lethal taking program. The Commerce.
Bonneville Task Force’s final report and AGENCY: National Marine Fisheries
recommendation was provided to NMFS ACTION: Notice; public meeting. Service (NMFS), National Oceanic and
on November 14, 2011. On March 15, Atmospheric Administration (NOAA),
2012, NMFS issued the current LOA to SUMMARY: The New England Fishery Department of Commerce.
the States. In renewed litigation by Management Council (Council) is ACTION: Notice; availability of hatchery
HSUS, this LOA was upheld in district scheduling a public meeting of its plan and request for comment.
court on February 15, 2013, and later Ecosystem Based Fishery Management
affirmed by the Ninth Circuit Court of (EBFM) Committee to consider actions SUMMARY: Notice is hereby given that
Appeals. Humane Society of the US v. affecting New England fisheries in the the California Department of Fish and
Bryson, 924 F.Supp.2d 1228 (D. Or., exclusive economic zone (EEZ). Wildlife (CDFW) has submitted a
2013); HSUS v. Pritzker, No. 13–35195 Recommendations from this group will Hatchery and Genetic Management Plan
(9th Cir., 9/27/13). be brought to the full Council for formal (HGMP) pursuant to the protective
The NMFS West Coast Regional consideration and action, if appropriate. regulations promulgated for Pacific
Administrator has considered the States’ salmon and steelhead under the
DATES:This meeting will be held on Endangered Species Act (ESA). The
application and determined that it Thursday, April 14, 2016 at 9 a.m.
provides sufficient evidence to warrant HGMP specifies the operation of a
reconvening the Bonneville Task Force. ADDRESSES: The meeting will be held at hatchery program rearing steelhead in
The application, based on NMFS’ 2012 the Hotel 1620, 180 Water Street, the Mad River subbasin within the State
LOA and its implementation, describes Plymouth, MA 02360; telephone: (508) of California. This document serves to
the continuing problem of interactions 747–4900; fax: (508) 747–8937. notify the public of the availability of
between pinnipeds and listed salmonids Council address: New England the HGMP and associated draft
at and below Bonneville Dam, and Fishery Management Council, 50 Water environmental assessment (EA) for
Lhorne on DSK5TPTVN1PROD with NOTICES
describes the expected benefits from the Street, Mill 2, Newburyport, MA 01950. comment prior to a decision by NMFS
removal of pinnipeds. The application whether to approve the proposed
FOR FURTHER INFORMATION CONTACT: hatchery program.
also documents past nonlethal efforts to
Thomas A. Nies, Executive Director, DATES: Comments must be received at
prevent problem pinniped-salmonid
New England Fishery Management the appropriate address or fax number
interactions.
The MMPA requires NMFS to Council; telephone: (978) 465–0492. (see ADDRESSES) no later than 5 p.m.
consider the recommendations of the SUPPLEMENTARY INFORMATION: Pacific time on April 27, 2016.
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Document Created: 2016-03-26 00:13:18
Document Modified: 2016-03-26 00:13:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; request for comments. | |
| Dates | Comments must be received by April 27, 2016. | |
| Contact | Robert Anderson, (503) 231-2226. | |
| FR Citation | 81 FR 17141 | |
| RIN Number | 0648-XE46 |
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