[Federal Register Volume 62, Number 188 (Monday, September 29, 1997)]
[Notices]
[Pages 50903-50905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25778]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 091297A]


Marine Mammals; Pinniped Removal Authority

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

ACTION: Notice of extension of letter of authorization.

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SUMMARY: NMFS announces approval of a 4-year extension to the Letter of 
Authorization (LOA) to the State of Washington for the lethal removal 
of individually identifiable California sea lions that are having 
significant negative impact on the status and recovery of winter 
steelhead that migrate through

[[Page 50904]]

the Ballard Locks in Seattle, WA. This action is authorized under 
Section 120 of the Marine Mammal Protection Act (MMPA).

ADDRESSES: A copy of the LOA may be obtained by writing to William 
Stelle, Jr., Administrator, Northwest Region, NMFS, 7600 Sand Point Way 
NE, Seattle, WA 98115, or to Michael Payne, Chief, Marine Mammal 
Division, Office of Protected Resources, NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Joe Scordino (206) 526-6143, or Tom 
Eagle (301) 713-2322.

SUPPLEMENTARY INFORMATION: Pursuant to Section 120(b) of the MMPA, NMFS 
initially issued a 3-year Letter of Authorization (LOA) that was valid 
through June 30, 1997, to the Washington Department of Fish and 
Wildlife (WDFW) for the lethal removal of California sea lions that are 
having significant negative impact on the status and recovery of winter 
steelhead that migrate through the Ballard Locks in Seattle, WA. 
Information on Washington's application for lethal removal, the process 
for considering the application which included formation of a Pinniped-
Fishery Task Force (Task Force), and the terms and conditions of the 
LOA issued to WDFW were published in the Federal Register on August 2, 
1994 (59 FR 39325), September 27, 1994 (59 FR 49234), January 19, 1995 
(60 FR 3841), August 15, 1995 (60 FR 42146), March 26, 1996 (61 FR 
13153), and August 26, 1996 (61 FR 43737). Background information on 
the sea lion-steelhead conflict at the Ballard Locks and findings on 
the environmental consequences of issuance of the LOA are provided in 
two Environmental Assessments prepared by NMFS in 1995 and 1996 
(available from ADDRESSES).
    On October 10, 1996, the State of Washington requested that NMFS 
extend the LOA for an additional 8 years (with a new expiration date of 
June 30, 2005) citing a need to manage the problem of sea lion 
predation on winter steelhead beyond June 30, 1997.
    The Task Force, which met in September 1996, also submitted a 
report to NMFS dated October 29, 1996, that recommended the LOA be 
extended because insufficient time had passed to evaluate the success 
of management actions at Ballard Locks. The majority of Task Force 
members recommended that the LOA be extended for 4 years.
    Notice of the State's request and the Task Force recommendations 
and a request for public comments was published in the Federal Register 
on June 19, 1997 (62 FR 33396). The public comment period closed on 
July 21, 1997, and seven written comments were received. Five 
commenters supported an extension of the LOA and two opposed it. A 
summary of the comments received and responses to the comments is as 
follows.
    Comment 1: Five commenters recommended extension of the LOA for 8 
years to provide protection for two steelhead life cycles. One 
commenter recommended 8 years or until some significant change in 
status of the steelhead or the sea lions occurs. One commenter stated 
that 8 years would allow the steelhead stock two full cycles in their 
rebuilding process and allow time to measure the full benefit of 
changes which are ongoing at the Locks. Two commenters felt 8 years was 
a more reasonable time to determine the effectiveness of the program to 
protect steelhead from sea lions and to determine the success of WDFW 
efforts regarding steelhead recovery. Another stated that lethal 
removal of sea lions by WDFW for the next 8 years is needed to preserve 
and enhance the steelhead run through the Locks.
    Response: NMFS agrees that there is a need to extend the LOA in 
order to continue protecting and enhancing the winter steelhead 
population and to allow sufficient time to evaluate the effectiveness 
of lethal removal. NMFS has determined, however, that a 4-year 
extension is appropriate at this time for providing steelhead continued 
protection from sea lion predation and allowing for collection of 
additional information to determine the effectiveness of the 
authorization. Also, the 4-year period is consistent with the Task 
Force recommendation.
    Comment 2: It is essential that the current sea lion control 
program continue in order to ensure a reasonable chance of success for 
the steelhead supplementation program and the ultimate objective of 
sustainable tribal and sport fisheries in the Lake Washington 
watershed.
    Response: NMFS agrees that reduction of sea lion predation should 
continue along with programs to monitor sea lion presence and activity 
in the Locks area and steelhead passage through the fishway. By 
reducing predation, thereby increasing escapement, WDFW may realize 
maximum benefit from other efforts contained in their comprehensive 
plan for steelhead recovery.
    Comment 3: Removal of the ``repeat offender'' sea lions at the 
Ballard locks has been largely responsible for substantial increase in 
spawning escapement in 1997. It is essential that WDFW be permitted to 
continue with a lethal take authorization over the next several years 
to allow recovery of the severely depressed steelhead population.
    Response: Preliminary data from 1997 indicate reductions in the 
presence of sea lions at the Locks due to the removal of the ``repeat 
offender'' sea lions. The three ``repeat offender'' sea lions (#17, 45 
and 225) that were removed and placed into permanent captivity in 1996, 
along with one additional animal (#87) were responsible for about 60 
percent of the sea lion presence and foraging at the Locks in 1996. 
Animal #87 was observed at the Locks in the fall of 1996, preying on 
salmon, but its presence ended abruptly in October. This animal has not 
been sighted during the 1997 steelhead season and is assumed to be 
dead. NMFS is concerned, however, that other unmarked sea lions may 
have developed the same behavior of repeatedly foraging at the Locks 
during the steelhead run and, therefore, agrees that the LOA should be 
extended to allow for continued removal of sea lions that may be 
identified as having significant negative impacts on the recovery of 
the winter steelhead population. In spite of the reduced sea lion 
presence in 1997, several unmarked sea lions did continue to enter the 
Locks area and forage in the presence of the acoustic deterrence 
devices. Four steelhead were observed killed by one unmarked sea lion 
in March 1997. It is not known whether the unmarked sea lions observed 
in 1997 represent ``new'' sea lions that have developed the predatory 
behavior, or unmarked sea lions that were present in the past but have 
yet to be marked for positive identification. Each year, there are a 
number of sightings of unmarked sea lions at the Locks, and it is 
unknown whether some of these unmarked sea lions have developed the 
behavior of repeated occurrence and foraging at the Locks during the 
steelhead run. Therefore, the sea lion marking program should continue 
so that individual pinnipeds may continue to be identified and 
monitored.
    Comment 4: Available data indicate that the steelhead population is 
increasing significantly, and these data support the abolition of the 
LOA. The number of steelhead passing through the Locks tripled from 234 
in 1996 to an estimated 610 in 1997.
    Response: NMFS agrees that the 1997 steelhead returns are 
encouraging. One year's data, however, should not be interpreted as 
direct evidence of a significant population increase. The steelhead 
population consists of several year classes that return to spawn after

[[Page 50905]]

spending 1-3 years at sea, and the returns from a single year cannot be 
used to predict the status or trend of the population.
    Further, the spawning escapements in 1998 and 1999 are progeny of 
smaller spawning escapements than the 1997 return, so those escapements 
may not provide for a increasing trend in the population. Thus, the 
number returning to spawn in 1997 is not directly dependent upon the 
number that returned in 1995 or 1996, nor will it affect returns in 
1998 and 1999. Additional details of steelhead life history are 
provided in the Environmental Assessment (EA) prepared for the initial 
LOA (January 1995) or may be found in the scientific literature (e.g., 
Shapovalov, L., and A. Taft. 1954. The life histories of the steelhead 
rainbow trout, Salmo gairdneri gairdneri, and silver salmon, 
Onchorhynchus kisutch. California Dept. of Fish and Game, Fish Bulletin 
No. 98. 375 pp.).
    The Task Force recognized the complexity of assessing trends in the 
steelhead population during their discussions in 1996 and recommended 
that the LOA be extended because insufficient time had passed to 
evaluate the success of management actions at Ballard Locks. The Task 
Force opinions on the extension ranged from no extension to a period of 
8 years (two steelhead cycles) with the majority of the Task Force 
favoring an extension of 4 years (one steelhead cycle). The October 
1996 Report of the Task Force acknowledged that efforts to recover the 
Lake Washington steelhead will be a long-term undertaking and should be 
continued until such time as: (1) The escapement goal of 1600 fish is 
reached; or (2) it becomes clear that the process is unlikely to 
achieve the stated goal.
    Comment 5: It is inappropriate for NMFS to consider extending the 
LOA given existing legal challenges. NMFS should postpone its 
consideration of the extension pending judicial resolution of legal 
challenges.
    Response: Consistent with Task Force advice, NMFS believes the 
conditions that warranted the initial LOA (i.e., critically low numbers 
of returning steelhead) are still apparent. Therefore, the conservation 
objective of stabilizing and recovering the steelhead run necessitate 
continued lethal removal authority despite the unresolved status of the 
legal challenge.
    Comment 6: There is no authority in Section 120 of the MMPA to 
extend the LOA.
    Response: Section 120 of the MMPA does not specify any timeframes 
for authorizations. NMFS initially limited the LOA to three years so 
that the authorization would not be ``open-ended.'' The Task Force, 
which was established in accordance with Section 120 of the MMPA to 
evaluate the effectiveness of the authorization, recommended that the 
LOA be extended because insufficient time had passed to evaluate the 
success of management actions at Ballard Locks. Based on the Task Force 
recommendations, the State's request, and consideration of public 
comments, NMFS has determined it is appropriate and consistent with the 
intent of Section 120 of the MMPA to extend the LOA for a discrete 
period coinciding with 1 steelhead life cycle.
    Comment 7: Further review under the National Environmental Policy 
Act (NEPA) is required before an extension can be considered.
    Response: NEPA requirements on this action have been fulfilled. The 
environmental impacts of an extension of the LOA are not different than 
those evaluated in prior EAs because all aspects of the conditions of 
the LOA are retained except for the expiration date. For example, the 
LOA authorized the lethal removal of up to 15 individually identifiable 
sea lions; up to the present no sea lions have been lethally removed 
under the LOA (although 3 sea lions were removed from the population 
and placed in permanent captivity for public display). Further, the 
proposed extension is within the scope of the Environmental Assessment 
prepared for the original LOA (NMFS, January 1995) and the supplemental 
EA prepared for the modified LOA (NMFS, March 1996). The State has 
requested no changes to the terms and conditions of the current 
authorization, except for the time period; the number of sea lions 
authorized for removal, the means of removal and other aspects of the 
current LOA would not be modified. Likewise, there is no other 
significant new circumstances or information that would indicate that 
the conclusions of the previous EAs would change. The environmental 
consequences of the extension of the authorization are expected to be 
the same as those previously assessed. Consequently, no further 
analysis under NEPA is necessary.
    Comment 8: Any and all sea lions found southeast of a line between 
Meadow Point and West Point should be lethally removed.
    Response: The LOA only authorizes lethal removal of individually 
identifiable sea lions that: (1) have been observed by biologists 
monitoring sea lion predation to have preyed on returning steelhead in 
the inner bay area of the Lake Washington Ship Canal (upstream of the 
railroad bridge); (2) have penetrated the acoustic barrier and have 
been observed foraging in the ensonified zone during the steelhead run 
since January 1, 1994, (when the acoustic deterrence program began); 
and (3) are observed engaging in foraging behavior in the inner bay 
area (upstream of the railroad bridge) during the current steelhead 
season between January 1 and May 31 by biologists monitoring sea lion 
predation at the Locks. NMFS does not intend to change this.
    Comment 9: The steelhead run at the Ballard Locks has for too many 
years been dangerously close to extinction, and it seems appropriate to 
allow WDFW to continue the program for protecting steelhead and to 
monitor the situation closely.
    Response: NMFS has extended the LOA for lethal removal of 
individually identifiable California sea lions that are having 
significant negative impact on the status and recovery of winter 
steelhead that migrate through the Ballard Locks in Seattle, WA.

NMFS Action

    Based on the Task Force recommendations, the State's request, and 
consideration of public comments, NMFS has extended the LOA for 4 years 
to June 30, 2001. No other changes were made to the terms and 
conditions of the LOA. Copies of the LOA are available upon request 
(see ADDRESSES).

    Dated: September 23, 1997.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 97-25778 Filed 9-26-97; 8:45 am]
BILLING CODE 3510-22-F