83_FR_61053 83 FR 60825 - Marine Mammals; Pinniped Removal Authority; Approval of Application

83 FR 60825 - Marine Mammals; Pinniped Removal Authority; Approval of Application

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 228 (November 27, 2018)

Page Range60825-60825
FR Document2018-25871

NMFS announces the approval of an application from the state of Oregon (state) for lethal removal of individually identifiable predatory California sea lions (CSL; Zalophus californianus) in the vicinity of Willamette Falls to minimize pinniped predation on Upper Willamette River (UWR) spring-run Chinook salmon (Onchorhynchus spp.) and UWR winter steelhead, both listed as threatened under the Endangered Species Act (ESA), in the Willamette River in Oregon. This authorization is pursuant to section 120 of the Marine Mammal Protection Act (MMPA). NMFS also announces availability of decision documents and other information relied upon in making this determination.

Federal Register, Volume 83 Issue 228 (Tuesday, November 27, 2018)
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Page 60825]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25871]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

XRIN 0648-XF763


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.

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SUMMARY: NMFS announces the approval of an application from the state 
of Oregon (state) for lethal removal of individually identifiable 
predatory California sea lions (CSL; Zalophus californianus) in the 
vicinity of Willamette Falls to minimize pinniped predation on Upper 
Willamette River (UWR) spring-run Chinook salmon (Onchorhynchus spp.) 
and UWR winter steelhead, both listed as threatened under the 
Endangered Species Act (ESA), in the Willamette River in Oregon. This 
authorization is pursuant to section 120 of 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 website:  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: 

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 
salmonid fishery stocks 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.
    On October 6, 2017, NMFS received an application signed by the 
director of the Oregon Department of Fish and Wildlife (ODFW) on the 
state's behalf, requesting authorization under section 120 of the MMPA 
to intentionally take, by lethal methods, individually identifiable 
predatory CSL in the vicinity of Willamette Falls, which were then 
having a significant negative impact on the recovery of threatened UWR 
spring-run Chinook salmon and UWR winter 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 state's 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.
    Pursuant to the MMPA, NMFS determined that the state's application 
contained sufficient information to warrant convening the Task Force. 
On November 9, 2017, NMFS published a notice in the Federal Register 
(82 FR 52083), announcing receipt of the state's application, and 
soliciting public comments on the application and any additional 
information that NMFS should consider in making its decision. On August 
20-22, 2018, NMFS convened a Task Force that was open to the public. 
The Task Force reviewed the state's application, public comments on the 
application, and other information related to CSL predation on UWR 
spring-run Chinook salmon and UWR winter steelhead at Willamette Falls. 
The Task Force completed and submitted its report to NMFS on October 
15, 2018. The majority of Task Force members present at the meeting (12 
of 16) recommended that NMFS approve the state's application, while 1 
Task Force member recommended that NMFS deny the state's application, 
and 3 Task Force members abstained. All decision documents, including a 
copy of the authorization, 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 
informal consultation, and in accordance with NEPA, NMFS completed an 
environmental assessment 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 an authorization to 
the state for the lethal removal of individually identifiable predatory 
CSL through 2023.

     Dated: November 21, 2018.
Donna Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-25871 Filed 11-26-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                         Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices                                                60825

                                              Special Accommodations                                  Background                                            Force members present at the meeting
                                                                                                         Section 120 of the MMPA (16 U.S.C.                 (12 of 16) recommended that NMFS
                                                This meeting is accessible to people
                                                                                                      1361, et seq.) allows the Secretary of                approve the state’s application, while 1
                                              with disabilities. Requests for auxiliary
                                                                                                      Commerce, acting through the Assistant                Task Force member recommended that
                                              aids should be directed to the SAFMC
                                                                                                      Administrator for Fisheries, and the                  NMFS deny the state’s application, and
                                              office (see ADDRESSES) at least 5
                                                                                                      West Coast Regional Administrator of                  3 Task Force members abstained. All
                                              business days prior to the meeting.
                                                                                                      NMFS, the discretion to authorize the                 decision documents, including a copy of
                                                Note: The times and sequence specified in                                                                   the authorization, are available on
                                              this agenda are subject to change.                      intentional lethal taking of individually
                                                                                                      identifiable pinnipeds that are having a              NMFS’s West Coast Region web page
                                                                                                      significant negative impact on salmonid               (see ADDRESSES).
                                                 Authority: 16 U.S.C. 1801 et seq.
                                                                                                      fishery stocks that are either: (1) Listed            Findings
                                                Dated: November 21, 2018.
                                                                                                      under the ESA, (2) approaching a
                                              Rey Israel Marquez,                                     threatened or endangered status, or (3)                  As required under section 7(a)(2)
                                              Acting Deputy Director, Office of Sustainable           migrate through the Ballard Locks in                  under the ESA, NMFS completed
                                              Fisheries, National Marine Fisheries Service.           Seattle. The authorization applies only               informal consultation, and in
                                              [FR Doc. 2018–25827 Filed 11–26–18; 8:45 am]            to pinnipeds that are not: (1) Listed                 accordance with NEPA, NMFS
                                              BILLING CODE 3510–22–P                                  under the ESA, (2) designated as                      completed an environmental assessment
                                                                                                      depleted, or (3) designated a strategic               with a finding of no significant impact.
                                                                                                      stock.                                                In considering a state’s application to
                                              DEPARTMENT OF COMMERCE                                     On October 6, 2017, NMFS received                  lethally remove pinnipeds, NMFS is
                                                                                                      an application signed by the director of              also required, pursuant to section
                                              National Oceanic and Atmospheric                                                                              120(b)(1) of the MMPA, to determine
                                                                                                      the Oregon Department of Fish and
                                              Administration                                                                                                that individually identifiable pinnipeds
                                                                                                      Wildlife (ODFW) on the state’s behalf,
                                                                                                      requesting authorization under section                are having a significant negative impact
                                              XRIN 0648–XF763                                         120 of the MMPA to intentionally take,                on the decline or recovery of at-risk
                                                                                                      by lethal methods, individually                       salmonid fishery stocks. Based on these
                                              Marine Mammals; Pinniped Removal                        identifiable predatory CSL in the                     requirements, considerations, and
                                              Authority; Approval of Application                      vicinity of Willamette Falls, which were              analyses, NMFS has determined that the
                                                                                                      then having a significant negative                    requirements of section 120 of the
                                              AGENCY:  National Marine Fisheries                                                                            MMPA have been met and it is therefore
                                              Service (NMFS), National Oceanic and                    impact on the recovery of threatened
                                                                                                      UWR spring-run Chinook salmon and                     reasonable to issue an authorization to
                                              Atmospheric Administration,                                                                                   the state for the lethal removal of
                                              Commerce (NOAA).                                        UWR winter steelhead. As required
                                                                                                      under the MMPA, NMFS convened a                       individually identifiable predatory CSL
                                              ACTION: Notice of availability.                                                                               through 2023.
                                                                                                      Pinniped-Fishery Interaction Task Force
                                              SUMMARY:    NMFS announces the                          (Task Force). The role of the Task Force                Dated: November 21, 2018.
                                              approval of an application from the state               is to recommend to NMFS approval or                   Donna Wieting,
                                              of Oregon (state) for lethal removal of                 denial of the state’s application along               Director, Office of Protected Resources,
                                              individually identifiable predatory                     with recommendations of the proposed                  National Marine Fisheries Service.
                                              California sea lions (CSL; Zalophus                     location, time, and method of such                    [FR Doc. 2018–25871 Filed 11–26–18; 8:45 am]
                                              californianus) in the vicinity of                       taking, criteria for evaluating the                   BILLING CODE 3510–22–P
                                              Willamette Falls to minimize pinniped                   success of the action, and the duration
                                              predation on Upper Willamette River                     of the intentional lethal taking
                                              (UWR) spring-run Chinook salmon                         authority. The Task Force must also
                                                                                                      suggest non-lethal alternatives, if                   DEPARTMENT OF DEFENSE
                                              (Onchorhynchus spp.) and UWR winter
                                              steelhead, both listed as threatened                    available and practicable, including a                Office of the Secretary
                                              under the Endangered Species Act                        recommended course of action.
                                              (ESA), in the Willamette River in                          Pursuant to the MMPA, NMFS                         U.S. Strategic Command Strategic
                                              Oregon. This authorization is pursuant                  determined that the state’s application               Advisory Group; Notice of Federal
                                              to section 120 of the Marine Mammal                     contained sufficient information to                   Advisory Committee Meeting
                                              Protection Act (MMPA). NMFS also                        warrant convening the Task Force. On
                                              announces availability of decision                      November 9, 2017, NMFS published a                    AGENCY:  Office of the Chairman Joint
                                              documents and other information relied                  notice in the Federal Register (82 FR                 Chiefs of Staff, U.S. Strategic Command
                                              upon in making this determination.                      52083), announcing receipt of the state’s             Strategic Advisory Group, Department
                                                                                                      application, and soliciting public                    of Defense.
                                              ADDRESSES: Additional information
                                                                                                      comments on the application and any                   ACTION: Notice of Federal Advisory
                                              about our determination may be
                                                                                                      additional information that NMFS                      Committee meeting.
                                              obtained by visiting the NMFS West
                                                                                                      should consider in making its decision.
                                              Coast Region’s website: http://                                                                               SUMMARY:   The Department of Defense
                                                                                                      On August 20–22, 2018, NMFS
                                              www.westcoast.fisheries.noaa.gov, or by                                                                       (DoD) is publishing this notice to
                                                                                                      convened a Task Force that was open to
                                              writing to us at: NMFS West Coast                                                                             announce that the following Federal
                                                                                                      the public. The Task Force reviewed the
                                              Region, Protected Resources Division,                                                                         Advisory Committee meeting of the U.S.
                                                                                                      state’s application, public comments on
amozie on DSK3GDR082PROD with NOTICES1




                                              1201 Lloyd Blvd., Suite 1100, Portland,                                                                       Strategic Command Strategic Advisory
                                                                                                      the application, and other information
                                              OR 97232.                                                                                                     Group will take place.
                                                                                                      related to CSL predation on UWR
                                              FOR FURTHER INFORMATION CONTACT: Mr.                    spring-run Chinook salmon and UWR                     DATES: Day 1—Closed to the public
                                              Robert Anderson at the above address,                   winter steelhead at Willamette Falls.                 Thursday, November 29, 2018, from
                                              by phone at (503) 231–2226, or by email                 The Task Force completed and                          8:00 a.m. to 4:00 p.m. Day 2—Closed to
                                              at, robert.c.anderson@noaa.gov.                         submitted its report to NMFS on                       the public Friday, November 30, 2018,
                                              SUPPLEMENTARY INFORMATION:                              October 15, 2018. The majority of Task                from 8:00 a.m. to 12:00 p.m.


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Document Created: 2018-11-27 01:25:08
Document Modified: 2018-11-27 01:25:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
ContactMr. Robert Anderson at the above
FR Citation83 FR 60825 

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