[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Pages 14889-14890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7885]



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DEPARTMENT OF COMMERCE
[I.D. 030497D]


Pacific Coast Pinniped Interaction Investigation and Report

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

ACTION: Notice of availability; request for comments.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), 
NMFS conducted an investigation to determine whether California sea 
lions and Pacific harbor seals are having a significant negative impact 
on the recovery of certain salmonid stocks or on the coastal ecosystems 
of Washington, Oregon, and California. After completion of the report 
of the scientific investigation (scientific report), NMFS prepared a 
draft report to Congress to submit recommendations, resulting from 
discussions with the Pacific States Marine Fisheries Commission (PSMFC) 
to address issues and problems identified in the scientific report. The 
scientific report is complete and available for public information, and 
the draft report to Congress is available for public review and comment 
(see ADDRESSES).

DATES: Comments on the draft report to Congress must be submitted on or 
before June 26, 1997.

ADDRESSES: Copies of the scientific report and the draft report to 
Congress are available from, and written comments should be sent to, 
William Stelle, Jr., Administrator, NMFS, Northwest Region, 7600 Sand 
Point Way, NE., BIN C15700, Seattle, WA 98115, Attn: West Coast 
Pinniped Report, or Michael Payne, Chief, Marine Mammal Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910, Attn: West Coast Pinniped Report.

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

SUPPLEMENTARY INFORMATION:

Background

    The MMPA directs the Secretary of Commerce (Secretary) to conduct a 
scientific investigation to determine if California sea lions and 
Pacific harbor seals (a) are having a significant negative impact on 
the recovery of salmonid fishery stocks that have been listed as 
endangered species or threatened species under the Endangered Species 
Act (ESA), or that the Secretary finds are approaching endangered or 
threatened status; or (b) are having broader impacts on the coastal 
ecosystems of Washington, Oregon, and California. After completion of 
the investigation, NMFS on the behalf of the Secretary is directed to 
enter into discussions with the PSMFC on behalf of Washington, Oregon, 
and California, to address any issues or problems identified as a 
result of the scientific investigation, and to develop recommendations 
to address such issues or problems. The recommendations from these 
discussions, along with the scientific report, are to be made available 
to the public for review and comment for a period of 90 days, and then 
submitted to Congress.
    NMFS established a Working Group to investigate the matters 
directed by Congress. Because NMFS did not have available resources and 
there was insufficient time to conduct rigorous field investigations on 
the issues identified by Congress within the specified 1-year 
timeframe, the investigation focused on a review of information from 
past field studies. The Working Group consisted of NMFS and state 
biologists with expertise in salmonids, marine mammals, and the 
interactions between them. The Working Group compiled and reviewed all 
available information on the status and trends of California sea lions, 
Pacific harbor seals, and the seven species of salmonids found in 
Washington, Oregon, and California. Members also conducted several 
additional studies to augment existing information. The Working Group 
produced the scientific report, ``Investigation of Scientific 
Information on Impacts of California Sea Lions and Pacific Harbor Seals 
on Salmonids and on the Coastal Ecosystems of Washington, Oregon and 
California,'' which has been submitted for publication as a NOAA 
technical memorandum.
    In June 1996, NMFS began discussions with PSMFC and representatives 
of Washington, Oregon, and California. Over the course of four meetings 
and numerous conference calls during the last 8 months, two issues were 
identified from the scientific investigation, and four recommendations 
were developed.

Issues

    The two issues on pinniped impacts on salmonids and west coast 
ecosystems described in the Report are:
    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 negatively impacting 
commercial and recreational fisheries, damaging private property, and 
posing threats to public safety.

Recommendations

    The four recommendations in the draft report to Congress are:
    1. Implement site-specific management for California sea lions and 
Pacific harbor seals. Establish a framework that would allow state and 
Federal resource management agencies to immediately address conflicts 
involving California sea lions and Pacific harbor seals. 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 would be: (a) In situations 
where California sea lions or Pacific harbor seals are preying on 
salmonids that are listed or proposed for listing under the ESA, 
immediate use of lethal removal by state or Federal resource agency 
officials would be authorized; (b) in situations where California sea 
lions or Pacific harbor seals are preying on salmonid populations of 
concern to the state 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 (i) non-lethal 
deterrence methods are underway and are not fully effective, or (ii) 
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 humans, such as at 
fishery sites and marinas, lethal removal by state or Federal resource 
agency officials would be authorized as a last resort when an 
individual pinniped fails to respond to repeated deterrence attempts, 
or when repeated deterrence attempts do not affect the behavior of an 
individual pinniped over the long-term.
    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

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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 
fishermen to protect gear and catch. Prior to the 1994 Amendments to 
the MMPA, commercial fishermen 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. A 
limited authorization, based on demonstrated need, should be provided 
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 draft report 
to Congress.

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

    Dated: March 24, 1997.
Hilda Diaz-Soltero,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 97-7885 Filed 3-27-97; 8:45 am]
BILLING CODE 3510-22-F