81 FR 44298 - Marine Mammals; Pinniped Removal Authority; Approval of Application
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 130 (July 7, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 130 (July 7, 2016)
| Page Range | 44298-44299 | |
| FR Document | 2016-16006 |
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)] [Notices] [Pages 44298-44299] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16006] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE461 Marine Mammals; Pinniped Removal Authority; Approval of Application AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce (NOAA). ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: NMFS announces approval of an application for a Letter of Authorization (LOA) from the states of Oregon, Washington, and Idaho for lethal removal of individually identifiable predatory California sea lions (Zalophus californianus) in the vicinity of Bonneville Dam to minimize pinniped predation on Pacific salmon and steelhead (Oncorhynchus spp.) listed as threatened or endangered under the Endangered Species Act (ESA) in the Columbia River in Washington and Oregon. This authorization is pursuant to the Marine Mammal Protection Act (MMPA). NMFS also announces availability of decision documents and other information relied upon in making this determination. ADDRESSES: Additional information about our determination may be obtained by visiting the NMFS West Coast Region's Web site: http://www.westcoast.fisheries.noaa.gov, or by writing to us at: NMFS West Coast Region, Protected Resources Division, 1201 Lloyd Blvd., Suite 1100, Portland, OR 97232. FOR FURTHER INFORMATION CONTACT: Mr. Robert Anderson at the above address, by phone at (503) 231-2226, or by email at [email protected]. SUPPLEMENTARY INFORMATION: [[Page 44299]] Background 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, the discretion to authorize the intentional lethal taking of individually identifiable pinnipeds that are having a significant negative impact on salmonids that are either: (1) Listed under the ESA, (2) approaching a threatened or endangered status, or (3) migrate through the Ballard Locks in Seattle. The authorization applies only to pinnipeds that are not: (1) Listed under the ESA, (2) designated as depleted, or (3) designated a strategic stock. In December 2006, NMFS received an application from the Idaho Department of Fish and Game, Oregon Department of Fish and Wildlife, and the Washington Department of Fish and Wildlife (collectively referred to as the States) 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. As required under the MMPA, NMFS convened a Pinniped-Fishery Interaction Task Force (Task Force). The role of the Task Force is to recommend to NMFS approval or denial of the States' application along with recommendations of 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. The Task Force must also suggest non-lethal alternatives, if available and practicable, including a recommended course of action. NMFS partially approved the States' 2006 request, issuing a LOA on March 17, 2008, and on March 24, 2008, NMFS published a notice in the Federal Register (73 FR 15483). Shortly after NMFS issued the LOA, the Humane Society of the United States (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. Subsequently, the Ninth Circuit vacated and remanded the LOA to NMFS in November 2010 (Humane Society of the United States, et al. v. Locke, 626 F.3d 1040 (9th Cir. 2010)). In response to the Ninth Circuit Court's 2010 decision, the States submitted a new request for lethal removal authorization on December 7, 2010. NMFS considered the request and new information available since its prior authorization, including the 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, 2011, 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 substantially the same conditions as the prior authorizations. On March 15, 2012, NMFS issued a 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 2012 LOA expires on June 30, 2016. On January 27, 2016, NMFS received an application from the 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. Pursuant to the MMPA, NMFS determined that the application contains sufficient information to warrant convening the Task Force. On March 28, 2016, NMFS published a notice in the Federal Register (81 FR 17141), announcing receipt of the States' application, and soliciting public comments on the application and any additional information that NMFS should consider in making its decision. On May 31, 2016, NMFS reconvened the Task Force at a meeting that was open to the public, during which it reviewed the States' application, public comments on the application, and other information related to sea lion predation on salmonids at Bonneville Dam. The Task Force completed and submitted its report to NMFS on June 22, 2016. Thirteen of the fourteen members recommended that NMFS approve the States' extension request, with one member dissenting. All decision documents, including a copy of the new LOA, are available on NMFS's West Coast Region Web page (see ADDRESSES). Findings As required under section 7(a)(2) under the ESA, NMFS completed formal consultation, and in accordance with NEPA, NMFS completed a supplemental environmental assessment (EA) to the 2008 EA with a finding of no significant impact. In considering a state's application to lethally remove pinnipeds, NMFS is also required, pursuant to section 120(b)(1) of the MMPA, to determine that individually identifiable pinnipeds are having a significant negative impact on the decline or recovery of at-risk salmonid fishery stocks. Based on these requirements, considerations, and analyses, NMFS has determined that the requirements of section 120 of the MMPA have been met and it is therefore reasonable to issue a new LOA to the States for the lethal removal of individually identifiable predatory California sea lions through 2021. Dated: June 30, 2016. Nicole R. LeBoeuf, Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016-16006 Filed 7-6-16; 8:45 am] BILLING CODE 3510-22-P
![44298 Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
marine mammal monitoring, or 60 days Activities shall not resume until NMFS Request for Public Comments
prior to the issuance of any subsequent is able to review the circumstances of We request comment on our analysis,
IHA for projects at PMRF, whichever the prohibited take. NMFS will work the draft authorization, and any other
comes first. A final report shall be with 86 FWS to determine what aspect of this Federal Register notice of
prepared and submitted within 30 days measures are necessary to minimize the proposed Authorization. Please include
following resolution of comments on the likelihood of further prohibited take and with your comments any supporting
draft report from NMFS. This report ensure MMPA compliance. 86 FWS may data or literature citations to help
must contain the informational elements not resume their activities until notified inform our final decision on 86 FWS’s
described in the Monitoring Plan, at by NMFS. renewal request for an MMPA
minimum (see www.nmfs.noaa.gov/pr/ ii. In the event that 86 FWS discovers authorization.
permits/incidental/construction.htm), an injured or dead marine mammal, and
and shall also include: Dated: July 1, 2016.
the lead observer determines that the
1. Date and time of each LRS WSEP Donna S. Wieting,
cause of the injury or death is unknown
mission; Director, Office of Protected Resources,
2. A complete description of the pre- and the death is relatively recent (e.g., National Marine Fisheries Service.
exercise and post-exercise activities in less than a moderate state of
[FR Doc. 2016–16114 Filed 7–6–16; 8:45 am]
related to mitigating and monitoring the decomposition), 86 FWS shall
BILLING CODE 3510–22–P
effects of LRS WSEP missions on marine immediately report the incident to the
mammal populations; and Office of Protected Resources, NMFS,
3. Results of the monitoring program, and the Pacific Islands Regional DEPARTMENT OF COMMERCE
including numbers by species/stock of Stranding Coordinator, NMFS.
any marine mammals noted injured or The report must include the same National Oceanic and Atmospheric
killed as a result of the LRS WSEP information identified in 6(b)(i) of this Administration
mission and number of marine IHA. Activities may continue while
mammals (by species if possible) that NMFS reviews the circumstances of the RIN 0648–XE461
may have been harassed due to presence incident. NMFS will work with 86 FWS
within the zone of influence. to determine whether additional Marine Mammals; Pinniped Removal
The draft report will be subject to mitigation measures or modifications to Authority; Approval of Application
review and comment by the National the activities are appropriate.
Marine Fisheries Service. Any AGENCY: National Marine Fisheries
iii. In the event that 86 FWS discovers Service (NMFS), National Oceanic and
recommendations made by the National
an injured or dead marine mammal, and Atmospheric Administration,
Marine Fisheries Service must be
the lead observer determines that the Commerce (NOAA).
addressed in the final report prior to
injury or death is not associated with or ACTION: Notice of availability.
acceptance by the National Marine
related to the activities authorized in the
Fisheries Service. The draft report will
IHA (e.g., previously wounded animal, SUMMARY: NMFS announces approval of
be considered the final report for this
carcass with moderate to advanced an application for a Letter of
activity under this Authorization if the
decomposition, scavenger damage), 86 Authorization (LOA) from the states of
National Marine Fisheries Service has
FWS shall report the incident to the Oregon, Washington, and Idaho for
not provided comments and
Office of Protected Resources, NMFS, lethal removal of individually
recommendations within 90 days of
and the Pacific Islands Regional identifiable predatory California sea
receipt of the draft report.
(b) Reporting injured or dead marine Stranding Coordinator, NMFS, within lions (Zalophus californianus) in the
mammals: 24 hours of the discovery. 86 FWS shall vicinity of Bonneville Dam to minimize
i. In the unanticipated event that the provide photographs or video footage or pinniped predation on Pacific salmon
specified activity clearly causes the take other documentation of the stranded and steelhead (Oncorhynchus spp.)
of a marine mammal in a manner animal sighting to NMFS. listed as threatened or endangered
prohibited by this IHA, such as an 7. Additional Conditions under the Endangered Species Act
injury for species not authorized (Level (ESA) in the Columbia River in
A harassment), serious injury, or • The holder of this Authorization Washington and Oregon. This
mortality, 86 FWS shall immediately must inform the Director, Office of authorization is pursuant to the Marine
cease the specified activities and report Protected Resources, National Marine Mammal Protection Act (MMPA). NMFS
the incident to the Office of Protected Fisheries Service, (301–427–8400) or also announces availability of decision
Resources, NMFS, and the Pacific designee (301–427–8401) prior to the documents and other information relied
Islands Regional Stranding Coordinator, initiation of any changes to the upon in making this determination.
NMFS. The report must include the monitoring plan for a specified mission ADDRESSES: Additional information
following information: activity. about our determination may be
A. Time and date of the incident; • A copy of this Authorization must obtained by visiting the NMFS West
B. Description of the incident; be in the possession of the safety officer Coast Region’s Web site: http://
C. Environmental conditions (e.g., on duty each day that long range strike www.westcoast.fisheries.noaa.gov, or by
wind speed and direction, Beaufort sea missions are conducted. writing to us at: NMFS West Coast
state, cloud cover, and visibility); Region, Protected Resources Division,
• This Authorization may be
srobinson on DSK5SPTVN1PROD with NOTICES
D. Description of all marine mammal 1201 Lloyd Blvd., Suite 1100, Portland,
observations in the 24 hours preceding modified, suspended or withdrawn if
OR 97232.
the incident; the holder fails to abide by the
E. Species identification or conditions prescribed herein, or if FOR FURTHER INFORMATION CONTACT: Mr.
description of the animal(s) involved; NMFS determines the authorized taking Robert Anderson at the above address,
F. Fate of the animal(s); and is having more than a negligible impact by phone at (503) 231–2226, or by email
G. Photographs or video footage of the on the species or stock of affected at robert.c.anderson@noa.gov.
animal(s). marine mammals. SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices 44299
Background pending. Subsequently, the Ninth Task Force completed and submitted its
Section 120 of the MMPA (16 U.S.C. Circuit vacated and remanded the LOA report to NMFS on June 22, 2016.
1361, et seq.) allows the Secretary of to NMFS in November 2010 (Humane Thirteen of the fourteen members
Commerce, acting through the Assistant Society of the United States, et al. v. recommended that NMFS approve the
Administrator for Fisheries, and the Locke, 626 F.3d 1040 (9th Cir. 2010)). In States’ extension request, with one
West Coast Regional Administrator of response to the Ninth Circuit Court’s member dissenting. All decision
NMFS, the discretion to authorize the 2010 decision, the States submitted a documents, including a copy of the new
intentional lethal taking of individually new request for lethal removal LOA, are available on NMFS’s West
identifiable pinnipeds that are having a authorization on December 7, 2010. Coast Region Web page (see ADDRESSES).
significant negative impact on NMFS considered the request and new
information available since its prior Findings
salmonids that are either: (1) Listed
under the ESA, (2) approaching a authorization, including the Task As required under section 7(a)(2)
Force’s recommendations. NMFS again under the ESA, NMFS completed formal
threatened or endangered status, or (3)
authorized lethal take, under similar consultation, and in accordance with
migrate through the Ballard Locks in
conditions to the 2008 authorization NEPA, NMFS completed a
Seattle. The authorization applies only
(albeit with modifications), issuing a supplemental environmental assessment
to pinnipeds that are not: (1) Listed
new LOA on May 13, 2011. HSUS again (EA) to the 2008 EA with a finding of
under the ESA, (2) designated as
filed suit this time in federal court for no significant impact. In considering a
depleted, or (3) designated a strategic
the District of Columbia, alleging, state’s application to lethally remove
stock.
among other things, that NMFS had not pinnipeds, NMFS is also required,
In December 2006, NMFS received an
followed procedural requirements under pursuant to section 120(b)(1) of the
application from the Idaho Department
MMPA section 120 prior to issuing the MMPA, to determine that individually
of Fish and Game, Oregon Department
new authorization (including public identifiable pinnipeds are having a
of Fish and Wildlife, and the
notice and comment on the States’ significant negative impact on the
Washington Department of Fish and
application). In coordination with the decline or recovery of at-risk salmonid
Wildlife (collectively referred to as the
States, NMFS revoked the May 13, 2011, fishery stocks. Based on these
States) requesting authorization under
authorization on July 22, 2011, and requirements, considerations, and
section 120 of the MMPA to
HSUS voluntarily withdrew their analyses, NMFS has determined that the
intentionally take, by lethal methods,
lawsuit. requirements of section 120 of the
individually identifiable predatory On August 18, 2011, the States
California sea lions in the Columbia MMPA have been met and it is therefore
submitted a new request for lethal reasonable to issue a new LOA to the
River, which were then having a removal of California sea lions at
significant negative impact on the States for the lethal removal of
Bonneville Dam under substantially the individually identifiable predatory
recovery of threatened and endangered same conditions as the prior
Pacific salmon and steelhead. As California sea lions through 2021.
authorizations. On March 15, 2012,
required under the MMPA, NMFS NMFS issued a LOA to the States. In Dated: June 30, 2016.
convened a Pinniped-Fishery renewed litigation by HSUS this LOA Nicole R. LeBoeuf,
Interaction Task Force (Task Force). The was upheld in district court on February Acting Deputy Director, Office of Protected
role of the Task Force is to recommend 15, 2013, and later affirmed by the Resources, National Marine Fisheries Service.
to NMFS approval or denial of the Ninth Circuit Court of Appeals [FR Doc. 2016–16006 Filed 7–6–16; 8:45 am]
States’ application along with (Humane Society of the US v. Bryson, BILLING CODE 3510–22–P
recommendations of the proposed 924 F.Supp.2d 1228 (D. Or., 2013);
location, time, and method of such HSUS v. Pritzker, No. 13–35195 (9th
taking, criteria for evaluating the Cir., 9/27/13)). The 2012 LOA expires
success of the action, and the duration DEPARTMENT OF DEFENSE
on June 30, 2016.
of the intentional lethal taking On January 27, 2016, NMFS received Department of the Army
authority. The Task Force must also an application from the States to extend
suggest non-lethal alternatives, if the 2012 LOA through June 30, 2021. [Docket ID: USA–2014–0044]
available and practicable, including a The States are not requesting any
recommended course of action. NMFS changes or modifications to the terms Submission for OMB Review;
partially approved the States’ 2006 and conditions of the 2012 LOA. Comment Request
request, issuing a LOA on March 17, Pursuant to the MMPA, NMFS
2008, and on March 24, 2008, NMFS ACTION: Notice.
determined that the application
published a notice in the Federal contains sufficient information to SUMMARY: The Department of Defense
Register (73 FR 15483). warrant convening the Task Force. On has submitted to OMB for clearance, the
Shortly after NMFS issued the LOA, March 28, 2016, NMFS published a following proposal for collection of
the Humane Society of the United States notice in the Federal Register (81 FR information under the provisions of the
(HSUS) filed a lawsuit in the U.S. 17141), announcing receipt of the Paperwork Reduction Act.
District Court in Oregon, alleging that States’ application, and soliciting public
DATES: Consideration will be given to all
NMFS’ LOA violated section 120 of the comments on the application and any
MMPA and the National Environmental comments received by August 8, 2016.
additional information that NMFS
Policy Act (NEPA). In November 2008, should consider in making its decision. FOR FURTHER INFORMATION CONTACT: Fred
srobinson on DSK5SPTVN1PROD with NOTICES
the district court issued an order On May 31, 2016, NMFS reconvened the Licari, 571–372–0493.
upholding NMFS’ approval of the lethal Task Force at a meeting that was open SUPPLEMENTARY INFORMATION:
removal program and its evaluation of to the public, during which it reviewed Title, Associated Form and OMB
impacts under NEPA. Plaintiffs the States’ application, public Number: Exchange Accounts Receivable
appealed to the Ninth Circuit Court of comments on the application, and other Files; Exchange Form 6450–002
Appeals which declined to halt the information related to sea lion predation ‘‘Military Star Card Application,
removal program while the appeal was on salmonids at Bonneville Dam. The Exchange Form 6450–005 ‘‘Exchange
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Document Created: 2018-02-08 07:54:28
Document Modified: 2018-02-08 07:54:28
| 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 of availability. | |
| Contact | Mr. Robert Anderson at the above | |
| FR Citation | 81 FR 44298 | |
| RIN Number | 0648-XE46 |
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