Marine Mammals; Pinniped Removal Authority

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

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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

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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