[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44298-44299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16006]
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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.
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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]
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