Report to Congress; Impacts of Pinnipeds on Salmonids and West Coast Ecosystems

The 1994 amendments to the MMPA directed the Secretary of Commerce (Secretary) to conduct a 1-year scientific investigation to determine whether California sea lions and Pacific harbor seals were having (1) a significant negative impact on the recovery of salmonid fishery stocks that have been listed as endangered or threatened species under the Endangered Species Act (ESA) or that the Secretary finds are approaching endangered or threatened status or (2) broader impacts on the coastal ecosystems of Washington, Oregon, and California. Because NMFS did not have available resources and sufficient time to conduct rigorous field investigations on the issues identified by Congress within the specified 1-year timeframe, it established a Working Group in 1995 that focused the scientific investigation on a review of information from past field studies. The final Working Group report was published in March 1997 as a part of the NOAA technical memorandum series (NOAA Technical Memorandum NMFS-NWFSC- 28) entitled, ``Investigation of Scientific Information on the Impacts of California Sea Lions and Pacific Harbor Seals on Salmonids and on the Coastal Ecosystems of Washington, Oregon, and California.'' Copies of this report are available on the Internet at https:// www.nwfsc.noaa.gov/pubs/tm/tm28/tm28.htm. After completion of the scientific investigation, in accordance with the MMPA, NMFS, on behalf of the Secretary, entered into discussions with the Pacific States Marine Fisheries Commission (PSMFC), on behalf of Washington, Oregon, and California, to address issues or problems identified as a result of the scientific investigation and to develop recommendations to address such issues or problems. In February 1997, the discussions were completed, and NMFS prepared a draft report to Congress to recommend measures to address issues identified in the discussions with PSMFC and representatives of the coastal states. On March 28, 1997 (62 FR 14889), NMFS published notification in the Federal Register on the availability of the draft report to Congress for a 90-day public review and comment period. Over 300 letters and 3000 postcards commenting on the draft report were received. After consideration of public comments, NMFS completed the Report to Congress. A summary of those comments with NMFS responses is

attached as an Appendix to the Report to Congress. The two issues on pinniped impacts on salmonids and west coast ecosystems described in the Report are as follows: 1. California sea lion and Pacific harbor seal populations on the West Coast are increasing while many salmonid populations are decreasing. Salmonid populations that are depressed and declining, especially those that are listed or proposed to be listed under the ESA, can be negatively impacted by expanding pinniped populations and attendant predation. 2. Increasing California sea lion and Pacific harbor seal populations and their expanding distribution are impacting negatively commercial fisheries, affecting recreational fishing and private property, and posing threats to public safety. The Report to Congress has four recommendations: 1. Implement site-specific management for California sea lions and Pacific harbor seals. Congress should consider a new framework that would allow state and Federal resource management agencies to immediately address conflicts involving California sea lions and Pacific harbor seals. This framework should provide a streamlined approach for Federal and state resource management agencies to take necessary and appropriate action with pinnipeds, including lethal taking when necessary, that are involved in resource conflicts. Any lethal takings would have to be within the Potential Biological Removal levels established by NMFS for all human causes of mortality. The three components of the framework are as follows: (1) In situations where California sea lions or Pacific harbor seals are preying on salmonids that are listed as or proposed to be, candidates for listing under the ESA, immediate use of lethal removal by state or Federal resource agency officials would be authorized; (2) in situations where California sea lions or Pacific harbor seals are preying on salmonid populations of concern or are impeding passage of these populations during migration as adults or smolts, lethal takes by state or federal resource agency officials would be authorized if (a) non-lethal deterrence methods are underway and are not fully effective, or (b) non-lethal methods are not feasible in the particular situation or have proven ineffective in the past; and (c) in situations where California sea lions or Pacific harbor seals conflict with human activities, such as at fishery sites and marinas, lethal removal by state or Federal resource agency officials would be authorized after non-lethal deterrence has been ineffective. 2. Develop safe, effective non-lethal deterrents. In order to provide an array of options broader than lethal removal to resolve West Coast pinniped problems, there is a pressing need for research on the development and evaluation of deterrent devices and further exploration of other non-lethal removal measures. Potential options need to be evaluated in a concerted, adequately funded effort to address this issue. Research and development of pinniped deterrence methods should be a research priority for addressing expanding pinniped populations on the West Coast. 3. Selectively reinstate authority for the intentional lethal taking of California sea lions and Pacific harbor seals by commercial fishers to protect gear and catch. Prior to the 1994 Amendments to the MMPA, commercial fishers were allowed to kill certain pinnipeds, as a last resort, in order to protect their gear or catch. Although the 1992 NMFS legislative proposal contained provisions to continue such authority, it was not included in the 1994 Amendments to the MMPA. Congress should reconsider providing a limited authorization, based on demonstrated need, to certain commercial fishermen at specified sites to use lethal means, as a last resort, to protect their gear and catch from depredation by California sea lions and Pacific harbor seals until such time that effective non-lethal methods are developed for their specific situation. 4. Information needs. An array of additional information is needed to better evaluate and monitor California sea lion and Pacific harbor seal impacts on salmonids and other components of the West Coast ecosystems. Details of such studies are described in the Report to Congress. The Report to Congress was submitted on February 10, 1999 to the House of Representatives Committee on Resources and to the Senate Committee on Commerce, Science, and Transportation in accordance with the MMPA. Congress will consider the report in the reauthorization of the MMPA. Copies of the Report to Congress are available to the public on request (see ADDRESSES).

Authority: 16 U.S.C. 1389(f).

Dated: February 22, 1999. Hilda Diaz-Soltero, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 99-5007 Filed 02-26-99; 8:45 am] BILLING CODE 3510-22-F