Marine Mammals; Pinniped Removal Authority, 14119-14121 [2025-05406]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Notices]
[Pages 14119-14121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05406]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD810]


Marine Mammals; Pinniped Removal Authority

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

ACTION: Notice; request for comments.

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SUMMARY: On August 21, 2024, NMFS received an application pursuant to 
section 120(f) of the Marine Mammal Protection Act (MMPA) from the 
Oregon Department of Fish and Wildlife, the Washington Department of 
Fish and Wildlife, the Idaho Department of Fish and Game, on behalf of 
their respective states; the Nez Perce Tribe, the Confederated Tribes 
of the Umatilla Indian Reservation, the Confederated Tribes of the Warm 
Springs Reservation of Oregon, the Confederated Tribes and Bands of the 
Yakama Nation; and the Willamette Committee (hereafter ``eligible 
entities''). In their application, the eligible entities requested that 
NMFS renew their August 14, 2020, MMPA section 120(f) permit (which 
expires on August 14, 2025) for an additional five years to 
intentionally take, by lethal methods, individually identifiable 
California sea lions (CSL) (Zalophus californianus) and Steller sea 
lions (SSL) (Eumetopias jubatus: Eastern stock) that are located in the 
main stem of the Columbia River between river mile 112 (I-205 bridge) 
and McNary Dam (river mile 292), or in any tributary to the Columbia 
River that includes spawning habitat of threatened or endangered salmon 
or steelhead (Onchorynchus spp.) (hereafter ``geographic area''). The 
eligible entities seek no changes to the terms and conditions in the 
August 14, 2020, permit, other than to renew the existing permit for a 
five-year period that would begin on the date of issuance of the 
permit.

DATES: Comments must be received by May 12, 2025.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2024-0100, 
by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2024-0100 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: National Marine Fisheries Service, 1201 NE Lloyd Blvd., Suite 
1100, Portland, OR 97232, ATTN: Protected Resources Division, NOAA-
NMFS-2024-0100.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All personal identifying information (e.g., name, address, 
etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields, if you wish 
to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Robert Anderson, NMFS West Coast 
Region, (503) 231-2226.

SUPPLEMENTARY INFORMATION:

Electronic Access

    The application is available via the internet at the following 
address: https://www.fisheries.noaa.gov/west-coast/marine-mammal-protection/marine-mammal-protection-act-section-120-pinniped-removal.

Statutory Authority

    Section 120(b)(1) 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, to 
authorize the intentional lethal taking by states of individually 
identifiable pinnipeds that are having a significant negative impact on 
the decline or recovery of salmonid fishery stocks which have been 
listed as threatened or endangered species under the Endangered Species 
Act of 1973 (ESA), are approaching threatened species or endangered 
species status (as those terms are defined in that Act), or migrate 
through the Ballard Locks at Seattle, Washington.
    Section 120(b)(2) requires that any such application shall include 
a means of identifying the individual pinniped or pinnipeds, and shall 
include a detailed description of the problem interaction and expected 
benefits of the taking.
    Section 120(c)(1) requires the Secretary to determine whether an 
application has produced sufficient evidence to warrant establishing a 
Pinniped-Fishery Interaction Task Force (hereafter ``Task Force'') to 
address the situation described in the application. The Task Force 
makes recommendations to the Secretary, including whether to approve or 
deny the application. The Secretary considers the recommendations of 
the Task Force along with the factors outlined in section 120(d) in 
determining whether to approve or deny an application.
    The Endangered Salmon Predation Prevention Act of 2018 (Pub. L. 
115-329) amended section 120(f) of the MMPA to provide authority for 
NMFS to issue permits to specific entities allowing the intentional 
lethal taking of individually identifiable sea lions for the purpose of 
protecting species of lamprey or sturgeon that are not listed as 
endangered or threatened but are listed as a species of concern by the 
state of Oregon (Oregon Administrative Rule 635-100-0400) (hereafter 
collectively referred to ``at-risk fish species'') in the Columbia 
River basin. Under section 120(f)(7) and section 120(f)(8), sea lions 
\1\ are deemed to be individually identifiable and having a significant 
negative impact on fish species when located in defined areas within 
the Columbia River basin. Under section 120(f) of the MMPA, these areas 
include the mainstem of the Columbia River between river mile 112 (I-
205 bridge) and river mile 292 (McNary Dam), and any tributary to the 
Columbia River that includes spawning habitat of threatened or 
endangered salmon or steelhead. Section 120(f) defines the eligible 
entities \2\ that may apply for authorization to intentionally take, by 
lethal methods, sea lions present that are located in the main stem of 
the Columbia River between river mile 112 (I-205 bridge) and McNary Dam 
(river mile 292), or in any tributary to the Columbia River that 
includes spawning habitat of threatened or endangered salmon or 
steelhead.
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    \1\ Prospective authorizations apply only to sea lions that are 
not listed under the ESA, or designated as a depleted or strategic 
stock under the MMPA. California and Steller sea lions (Eastern 
stock) are not listed under the ESA nor are they designated as a 
depleted or strategic stock under the MMPA.
    \2\ The State of Washington, the State of Oregon, the State of 
Idaho Nez Perce Tribe, the Confederated Tribes of the Umatilla 
Indian Reservation, the Confederated Tribes of the Warm Springs 
Reservation of Oregon, the Confederated Tribes and Bands of the 
Yakama Nation; and the Willamette Committee as defined in Section 
120(f)(6)(D) of the MMPA.
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Background

    On June 13, 2019, NMFS received an application pursuant to section 
120(f)

[[Page 14120]]

from the eligible entities requesting authorization to intentionally 
take, by lethal methods, individually identifiable CSL and SSL that are 
located in the mainstem of the Columbia River between river mile 112 
(I-205 bridge) and McNary Dam (river mile 292), or in any tributary to 
the Columbia River that includes spawning habitat of threatened or 
endangered salmon or steelhead to reduce or eliminate sea lion 
predation on at-risk fish species. The June 13, 2019, application 
provided: detailed information that documents sea lion population 
trends; a detailed description of the problem interaction, including 
estimates of the numbers of sea lions present within the geographic 
area (see SUMMARY); numbers of salmonids consumed and the proportion of 
all salmonids that have been taken by sea lions at Bonneville Dam and 
Willamette Falls (a subarea of the geographic area); past efforts to 
nonlethally deter sea lions; methods for capturing, handling and 
euthanizing sea lions; and a detailed description of the expected 
benefits of the taking of sea lions.
    On June 18, 2019, NMFS provided the above-mentioned eligible 
entities a letter, consistent with section 120(c)(1) of the MMPA, 
acknowledging receipt of their application and a determination that the 
application produced sufficient evidence of the problem interaction to 
warrant establishing a Task Force. On August 30, 2019, NMFS published a 
notice in the Federal Register (84 FR 45730) requesting public comment 
on the application and any additional information NMFS should consider 
in making its decision.
    On May 12, 2020, NMFS established and convened a Task Force to 
provide NMFS with a recommendation to either approve or deny the 
eligible entities' June 13, 2019, application. In establishing the Task 
Force, NMFS also provided the Task Force a copy of the public comments 
it received on the eligible entities' June 13, 2019, application in 
making a recommendation to the Secretary whether to approve or deny the 
proposed intentional lethal taking of the pinniped or pinnipeds. The 
Task Force recommended approving, with certain terms and conditions, 
the eligible entities' application requesting authorization for lethal 
removal.
    On August 14, 2020, NMFS, approved the eligible entities' 
application to intentionally take, by lethal methods, individually 
identifiable CSL and SSL that are located in the mainstem of the 
Columbia River between river mile 112 (I-205 bridge) and river mile 292 
(McNary Dam), or in any tributary to the Columbia River that includes 
spawning habitat of threatened or endangered salmon or steelhead for a 
five-year period beginning on that date.
    On March 7, 2024, NMFS convened the Task Force to evaluate the 
effectiveness of the MMPA section 120(f) removal program over the past 
42-month period. This program evaluation is consistent with section 
120(c)(5) of the MMPA, which requires, after implementation of an 
approved application, the Task Force to evaluate the effectiveness of 
the permitted intentional lethal taking. At this meeting, the Task 
Force was presented with information on the pinniped removal operations 
within the geographic area; sea lion-salmonid interactions; an overview 
of key population parameters for at-risk fish species by means of a 
population viability analysis or equivalent method to estimate the 
effectiveness of permanent removal of predatory sea lions at reducing 
or eliminate mortality of at-risk fish species and reducing extinction 
risk; a review of the Task Force recommendations, as specified in the 
August 14, 2020, permit including a benefits analysis of the removal 
program; and a summary of the Army Corps of Engineers' pinniped 
monitoring and evaluation program at Bonneville Dam. The Task Force did 
not recommend any additional actions to improve the eligible entities' 
effectiveness in eliminating the problem interaction through the 
permitted intentional lethal taking of individually identifiable CSL 
and SSL that are located in the mainstem of the Columbia River between 
river mile 112 (I-205 bridge) and river mile 292 (McNary Dam), or in 
any tributary to the Columbia River that includes spawning habitat of 
threatened or endangered salmon or steelhead.
    On August 21, 2024, NMFS received an application pursuant to 
section 120(f) from the eligible entities requesting NMFS renew their 
MMPA section 120(f) permit for a five-year period that would begin on 
the date of issuance of the permit. According to the information in the 
application, sea lion predation within the geographic area continues to 
have a significant negative impact on the recovery on species of 
salmon, steelhead, and eulachon that are listed as endangered or 
threatened species under the ESA; and species of lamprey or sturgeon 
that are listed as at-risk fish species).
    On September 3, 2024, NMFS provided the above-mentioned eligible 
entities a letter, consistent with section 120(c)(1) of the MMPA, 
acknowledging receipt of their application and a determination that the 
application produced sufficient evidence of the problem interaction to 
warrant convening the Task Force to provide a recommendation to the 
Secretary whether to approve or deny the eligible entities' 
application. The eligible entities are requesting authorization to 
intentionally take, by lethal methods, individually identifiable CSL 
and SSL that are located in the mainstem of the Columbia River between 
river mile 112 (I-205 bridge) and McNary Dam (river mile 292), or in 
any tributary to the Columbia River that includes spawning habitat of 
threatened or endangered salmon or steelhead (Onchorynchus spp.) to 
reduce or eliminate sea lion predation on the following fish species 
that are listed as threatened or endangered under the ESA: Lower 
Columbia River Chinook salmon (O. tshawytscha), Snake River Fall-run 
Chinook salmon, Snake River Spring/Summer-run Chinook salmon, Upper 
Columbia River Spring-run Chinook salmon, Upper Willamette River 
Chinook salmon, Lower Columbia River steelhead, Middle Columbia River 
steelhead (O. mykiss), Snake River Basin steelhead, Upper Columbia 
River steelhead, Upper Willamette River steelhead, Columbia River chum 
salmon (O. keta), Lower Columbia River coho salmon (O. kisutch), Snake 
River sockeye salmon (O. nerka), and Southern Distinct Population 
Segment of eulachon (Thaleichthys pacificus); and species of lamprey 
and sturgeon that lamprey or sturgeon that are not listed as endangered 
or threatened but are listed as a species of concern by the state of 
Oregon.
    The August 14, 2020, permit authorized the eligible entities to 
remove up to 540 CSL and 176 SSL in the geographic area.
    For the purpose of the request to renew the existing MMPA section 
120(f) permit for an additional five years, NMFS will consider the 
August 21, 2024, application and any relevant additional information, 
including the eligible entities' July 13, 2019, application.
    Based on the information in the August 21, 2024, application, the 
eligible entities have removed 60 CSL (11.1 percent of authorized take) 
and 78 SSL (44.3 percent of authorized take) in the in the geographic 
area.\3\ The eligible

[[Page 14121]]

entities anticipate continuing to implement the pinniped removal 
program over the next five years without the need for NMFS to authorize 
an additional number of CSL and SSL that were authorized in the August 
14, 2020, permit based on the annual average rate (39 animals) of 
pinniped removals during this 42-month period.
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    \3\ The number of sea lions removed in the eligible entities' 
August 21, 2024, permit is based on the eligible entities reporting 
period, which does not necessarily account for all sea lions that 
have been removed to date. Annually, the eligible entities are 
required to submit a monitoring report to NMFS by December 1st. As 
such, the reporting period covers management activities from July 1 
through June 30 annually.
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    Despite removing only 11.1 percent and 44.3 percent of the 
authorized take of CSL and SSL, respectively, in the first 42 months of 
permit implementation, the eligible entities estimated that the removal 
of these sea lions has saved (fish that otherwise would have been lost 
to sea lion predation) an estimated 16,211 to 44,974 adult salmonids.
    Nonetheless, according to the information at the March 7, 2024, 
program review and in the application, within the geographic area, sea 
lion predation continues to have a significant negative impact on the 
recovery of salmon, steelhead, and eulachon that are listed as 
endangered species or threatened species under the ESA; and species of 
lamprey and sturgeon that are not so listed as endangered or threatened 
but are listed as a species of concern by the state of Oregon.
    Thus, to continue to manage CSL and SSL predation on ESA-listed 
species in the Columbia River basin, the eligible entities, consistent 
with section 120(f)(2)(D) of the MMPA, ask NMFS to consider their 
request to renew the duration of their August 14, 2020, permit for an 
additional five years. Additionally, the application states that 
removal of sea lions is also intended to protect species of lamprey or 
sturgeon that may not be listed as endangered or threatened but are 
listed as a species of concern by the state of Oregon.
    The number of sea lions NMFS authorized for removal in the eligible 
entities' August 14, 2020, permit is 540 CSL and 176 SSL. If NMFS 
approves the eligible entities' request to renew the duration their 
MMPA section 120(f) permit for an additional five years, the eligible 
entities would be authorized to remove the remaining balance of sea 
lions originally authorized for removal in their August 14, 2020, 
permit from the date of issuance of the renewed permit.
    In convening the Task Force, NMFS will ask the Task Force to 
consider the information in the eligible entities' August 21, 2024, 
application; the information presented to the Task force at the March 
7, 2024, program evaluation; public comments received on the proposed 
action; and any relevant additional information, e.g., the eligible 
entities July 13, 2019, MMPA section 120(f) application, in making a 
recommendation to the Secretary whether to approve or deny the eligible 
entities' request to renew the duration of their August 14, 2020, MMPA 
section 120(f) permit for an additional five years to intentionally 
take, by lethal methods, individually identifiable CSL and SSL that are 
located in the main stem of the Columbia River between river mile 112 
(I-205 bridge) and McNary Dam (river mile 292), or in any tributary to 
the Columbia River that includes spawning habitat of threatened or 
endangered salmon or steelhead.

Request for Comments and Other Information

    NMFS solicits public comments on the eligible entities' application 
to renew their MMPA section 120(f) permit for an additional five years, 
and any relevant additional information that should be considered by 
the Task Force in making its recommendation, or by NMFS in making its 
determination whether to approve or deny the eligible entities' 
application. NMFS is particularly interested in receiving additional 
information on the impact of sea lion predation within the geographic 
area on the above-mentioned ESA-listed fish species and species of 
concern.
    NMFS requests that comments be specific. In particular, we request 
information regarding: (1) observations of sea lion predation activity 
on salmonids, eulachon, lamprey, and sturgeon within the geographic 
area; (2) information on areas where sea lions are concentrated within 
the geographic area, including number of sea lions, and resting/haul 
out sites where sea lions have been repeatedly observed taking 
salmonids, eulachon, sturgeon, and lamprey; and (3) dates when sea 
lions have been observed within the geographic area.

    Dated: March 18, 2025.
Kim Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2025-05406 Filed 3-27-25; 8:45 am]
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