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)

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 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.

[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]


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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.

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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