[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Notices]
[Pages 44833-44834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15516]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB83


Marine Mammals; Pinniped Removal Authority

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice.

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SUMMARY: NMFS announces the establishment of a Pinniped-Fishery 
Interaction Task Force (Task Force) under the Marine Mammal Protection 
Act (MMPA) in response to an application from Oregon, Washington, and 
Idaho requesting authorization to intentionally take, by lethal 
methods, individually identifiable California sea lions (Zalophus 
californianus) that prey on Pacific salmon and steelhead (Onchorhynchus 
spp.) listed as threatened or endangered under the Endangered Species 
Act (ESA) in the Columbia River in Washington and Oregon. The Task 
Force will be convened at its first meeting, which is open to the 
public.

DATES: The first public meeting of the Task Force is September 4-5, 
2007, beginning at 9:30 a.m.

ADDRESSES: The Task Force meeting will be held at the Double Tree Lloyd 
Center, Executive Meeting Center, 1000 NE Multnomah, Portland, Oregon 
97232.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, (503) 231-2005, or Tom 
Eagle, (301) 713-2322, ext. 105.

SUPPLEMENTARY INFORMATION:

Electronic Access

    The states' application, associated Federal Register notices, and 
background information on pinniped predation on listed salmonids and on 
non-lethal efforts to address the predation are available via the 
Internet at the following address: http://www.nwr.noaa.gov.

Background

    On December 5, 2006, NMFS received an application co-signed by the 
Washington Department of Fish and Wildlife (WDFW), the Oregon 
Department of Fish and Wildlife (ODFW) and the Idaho Department of Fish 
and Game (IDFG) requesting authorization to intentionally take, by 
lethal methods, individually identifiable California sea lions in the 
Columbia River, which are having a significant negative impact on the 
recovery of threatened and endangered Pacific salmon and steelhead. The 
application describes studies conducted by the U.S. Army Corps of 
Engineers, Fisheries Field Unit that document pinniped predation in the 
Bonneville Dam tailrace, including dates, numbers of pinnipeds present, 
numbers of salmonids consumed, and the estimated proportion of all 
salmonids passing Bonneville that are taken by pinnipeds foraging in 
the tailrace of the dam. In accordance with section 120 of the MMPA (16 
U.S.C. 1361, et seq.) NMFS reviewed the states' application and 
determined that it provided sufficient evidence to warrant the 
establishment of a Task Force, whose purpose is to recommend whether 
NMFS should authorize the intentional lethal taking of California sea 
lions that prey on ESA-listed salmonids in the Columbia River. NMFS 
published a notice of receipt and acceptance of the states' 
application, along with an explanation of the section 120 process, in 
the Federal Register on January 30, 2007 (72 FR 4239) with a request 
for public comments. The public comment period closed on April 2, 2007. 
NMFS received 288 comments in response to the notice and 29 Task Force 
nominations.
    NMFS announces that, effective September 4, 2007, the Task Force 
will be established and will consist of 18 members including designated 
employees of the Department of Commerce, scientists who are 
knowledgeable about the pinniped-fishery interactions, representatives 
of affected conservation and fishing

[[Page 44834]]

community organizations, Indian Treaty Tribes, the states, and the U.S. 
Army Corps of Engineers, which operates the dam. Under section 120, 
within 60 days, and after reviewing public comments in response to the 
Federal Register notice, the Task Force shall:
    (1) Recommend to NMFS whether to approve or deny the proposed 
intentional lethal taking of pinnipeds, including along with the 
recommendation a description of the specific pinniped individuals, 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; and
    (2) Suggest non-lethal alternatives, if available and practicable, 
including a recommended course of action.
    In considering whether to recommend approval or disapproval of the 
states' application the Task Force is to consider:
    (1) Population trends, feeding habits, the location of the pinniped 
interaction, how and when the interaction occurs, and how many 
individual pinnipeds are involved;
    (2) Past efforts to deter such pinnipeds, and whether the applicant 
has demonstrated that no feasible and prudent alternatives exist and 
that the applicant has taken all reasonable non-lethal steps without 
success;
    (3) The extent to which such pinnipeds are causing undue injury to, 
or imbalance with, other species in the ecosystem, including fish 
populations; and
    (4) The extent to which such pinnipeds are exhibiting behavior that 
presents an ongoing threat to public safety.
    All Task Force meetings will be open to the public, but the public 
will not be allowed to discuss or debate issues with Task Force members 
at the meetings. NMFS intends to have a predesignated, limited amount 
of time at the Task Force's first meeting and, if practicable, at 
subsequent meetings, to allow the public to provide new or relevant 
information that may assist the Task Force in its deliberations. 
Subsequent meetings will be determined by the Task Force. Public notice 
of subsequent meetings of the Task Force will be announced through NOAA 
Press Releases and postings on the NMFS Northwest Region website (see 
Electronic Access). The public may contact the NOAA Public Affairs 
Office in Seattle at 206-526-6172 to obtain more detailed information 
on the Task Force meeting dates, times and locations.
    Within 60 days of its first meeting, the Task Force is to provide 
recommendations based on its review of the available information as 
listed in the statute and outlined above, comments received from the 
public and full discussion of alternatives for addressing the pinniped-
fishery interaction below Bonneville Dam. The Task Force will be asked 
to develop recommendations that document the points of consensus 
reached by the group as well as reporting the alternate points of view 
when consensus is not reached. All recommendations submitted by the 
Task Force should fairly reflect the full range of opinion and 
diversity of the group. To enhance this process, NMFS has contracted 
with a professional facilitator to manage the Task Force, record 
meeting notes, and assist the group in assembling its recommendations.
    The Task Force should address those considerations outlined above 
in formulating its recommendations. In addition, NMFS will request that 
the Task Force answer the following questions when preparing its 
recommendation for approval or disapproval of the states' application 
to lethally remove pinnipeds.
    1. What criteria does the Task Force recommend to assist NMFS in 
the interpretation of ``significant negative impact'' and the extent to 
which pinnipeds are causing undue injury or impact to, or imbalance 
with listed species?
    2. If available and practicable, what non-lethal measures does the 
Task Force recommend be taken prior to implementing lethal removal?
    3. If lethal removal is included in its recommendations, what 
criteria did the Task Force use to individually identify the specific 
animals to be removed and which animals meet those criteria at the time 
the Task Force completed its deliberations?
    4. If lethal removal is included in its recommendations, does the 
Task Force recommend a limit to the number of sea lions that may be 
removed and if so what is the justification for that limit?
    5. If lethal removal is included in its recommendations, what 
limitations (if any) would the Task Force recommend on timing, 
location, take methods or duration of the authorization?
    6. For purposes of post-implementation evaluation, what criteria 
does the Task Force recommend for evaluating whether the implementation 
of the Task Force recommendations has been successful in addressing the 
pinniped-fishery interaction?
    7. Regardless of the outcome of this process, what might be the 
most effective means to achieve a long-term resolution to the pinniped-
fishery conflict?
    Once the Task Force has completed its deliberations and submitted 
its recommendations, NMFS will determine a course of action informed by 
the Task Force recommendations. The ultimate decision to approve or 
deny the states' application, and any terms or conditions applied to 
any approval, lies solely with NMFS.
    If the application for lethal removal authority is approved, the 
MMPA requires that the Task Force evaluate the effectiveness of the 
permitted intentional lethal taking or alternative actions implemented. 
Accordingly, the Task Force may need to meet again after actions to 
address the pinniped-fishery interaction have been implemented. If 
implementation is found to be ineffective in eliminating the problem 
interaction, NMFS will ask the Task Force to recommend additional 
actions. If the implementation is effective, the Task Force shall so 
advise NMFS and the Task Force will be disbanded.
    In accordance with the MMPA, upon receipt of the recommendations 
from the Task Force, NMFS will have 30 days to decide whether to 
approve or deny the states' application for lethal removal. Notice of 
NMFS' final decision will be published in the Federal Register.

    Dated: August 3, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-15516 Filed 8-8-07; 8:45 am]
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