[Federal Register: January 18, 2008 (Volume 73, Number 13)]
[Notices]
[Page 3453-3455]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja08-34]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF07
Availability of a Draft Environmental Assessment Considering the
States of Oregon, Idaho, and Washington's Request for Lethal Removal
Authority of California Sea Lions in Accordance with the Marine Mammal
Protection Act
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 3454]]
ACTION: Notice; availability of a draft Environmental Assessment and
request for written comment.
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SUMMARY: The NMFS is giving notice that we have prepared a draft
Environmental Assessment (EA) under the National Environmental Policy
Act (NEPA) that analyzes impacts on the environment from the potential
authorization to the States of Oregon, Idaho, and Washington (states)
to lethally removal certain California sea lions that are feeding on
at-risk salmon and steelhead stocks below Bonneville dam on the
Columbia River. This authorization would be pursuant to Section 120 of
the Marine Mammal Protection Act (MMPA). The states have requested
authorization to lethally remove individually identifiable California
sea lions having a significant negative impact on the decline or
recovery of several populations of salmon and steelhead listed under
the Endangered Species Act (ESA). This document serves to notify the
public of the availability of the draft EA for review and comment
before NMFS makes a final decision on whether to issue a Finding of No
Significant Impact.
DATES: Written comments on the draft EA must be received at the
appropriate address, email address, or fax number (see ADDRESSES) no
later than 5 p.m. Pacific standard time on February 19, 2008.
ADDRESSES: Written comments and requests for copies of the draft EA
should be addressed to Garth Griffin, Protected Resources Division,
1201 NE Lloyd Boulevard, suite 1100, Portland, OR, 97232, or faxed to
(503) 230-5441. Comments on this draft EA may be submitted by e-mail.
The mailbox address for providing e-mail comments is
sea.lion.comments@noaa.gov. Include in the subject line the following
document identifier: ``California Sea Lion Lethal Removal''. The
documents are also available on the Internet at http://www.nwr.noaa.gov/Marine-Mammals/Seals-and-Sea-Lions/Sec-120-draft-EA.cfm
.
FOR FURTHER INFORMATION CONTACT: Garth Griffin, Portland, OR, at phone
number (503) 231-2005 or e-mail: garth.griffin@noaa.gov.
SUPPLEMENTARY INFORMATION: This notice is relevant to the following
MMPA species:
California sea lion (Zalophus californianus)
and ESA species:
Chinook salmon (Oncorhynchus tshawytscha): endangered upper
Columbia spring-run
Chinook salmon (O. tshawytscha): threatened Snake River spring/
summer-run
Steelhead (O. mykiss): threatened Snake River Basin
Steelhead (O. mykiss): threatened Middle Columbia River.
Steelhead (O. mykiss): threatened lower Columbia River
Background
NEPA requires Federal agencies to conduct an environmental analysis
of their proposed actions to determine if the actions may affect the
human environment (42 U.S.C. 4321 et seq. & 40 CFR parts 1500-1508).
Although not required for EAs, NMFS is seeking public input on the
analysis and will consider all public comments received on the draft EA
prior to making a decision to approve or disapprove the states'
application.
In 1994, Congress amended the MMPA, adding Section 120, which
establishes a process for authorizing intentional lethal removal of
individually identifiable pinnipeds (seals and sea lions) that are
having a significant negative impact on salmonids that are either
listed or approaching listing under the Endangered Species Act. On
December 5, 2006, the states applied to the Secretary of Commerce
(Secretary) for authority to lethally remove, by intentional means,
individually identifiable California sea lions at Bonneville Dam on the
Columbia River in accordance with the Section 120 process.
The Secretary, acting through the Assistant Administrator for NMFS,
determined that the states' Section 120 application provided sufficient
evidence to warrant establishing a pinniped-fishery interaction task
force (task force). In a Federal Register notice on January 30, 2007,
NMFS announced receipt of the states' application and solicited public
comments on the application and any additional information that should
be considered. In an August 9, 2007, Federal Register notice, NMFS
announced establishment of the task force and provided information
about its first public meeting. Convened in September 2007, the task
force reviewed the states' application, public comments on the
application, and other information related to sea lion predation on
salmon and steelhead at Bonneville dam.
The task force considered criteria contained in Section 120(d) and
additional questions posed by NMFS in determining whether to recommend
approval or disapproval of the states' application. The task force met
three times and provided its final report and recommendations to NMFS
on November 5, 2007. The Marine Mammal Commission commented on both the
states' application and the task force's report.
We have developed a proposed action in response to the states'
application and prepared a draft EA considering the environmental
impacts of the proposed action and three alternatives. We developed
this proposal and analysis after reviewing and considering all
available information in the states' application, public comments on
the application, internal scoping, task force recommendations, comments
and information provided by the Marine Mammal Commission, and
applicable law. The available document proposes to authorize the states
to lethally remove individually identifiable California sea lions below
Bonneville Dam under certain conditions. The analysis considers the
environmental consequences of the proposed action and alternative
actions aimed at reducing California sea lion predation on salmonids
listed as threatened and endangered under the ESA below Bonneville dam.
The general effects on the environment considered include the impacts
on the physical, biological, and socioeconomic environments of the
lower Columbia River below Bonneville dam, particularly between
Columbia River miles 140 to 146.
We are requesting public comment on the proposed action and
alternatives considered. In particular, we seek comment on:
Our application of the statutory phrase ``individually identifiable
pinnipeds that are having a significant negative impact'' on salmonids.
The likely impact of the proposed action and alternatives on listed
salmonids.
The likely impact of the proposed action and alternatives on marine
mammals.
The likely impact of the proposed action and alternatives on public
safety.
The analysis and public comments will inform NMFS' decision on
actions to reduce pinniped predation below Bonneville dam, specifically
approval or disapproval of the states' request under Section 120 of the
MMPA, and any conditions that may apply in the event the states'
request is approved.
Comments or questions concerning this proposed action and the
environmental review should be directed to NMFS at the address or
telephone numbers provided above. All comments and materials received,
including names and addresses, will
[[Page 3455]]
become part of the administrative record and may be released to the
public.
Dated: January 14, 2008.
David Cottingham,
Chief, Marine Mammal Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. E8-893 Filed 1-17-08; 8:45 am]
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