Notice2025-16995
Marine Mammals; Pinniped Removal Authority; Approval of Application
Primary source
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Published
September 5, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces approval of an application to intentionally take, by lethal methods, California sea lions (CSL; Zalophus californianus) and Steller sea lions (SSL; Eumetopias jubatus: Eastern stock) 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 (Onchorynchus spp.). This action is intended to reduce or eliminate sea lion predation on species that are listed as threatened or endangered under the Endangered Species Act (ESA) of 1973, and 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. This authorization is pursuant to the Marine Mammal Protection Act (MMPA). NMFS also announces availability of decision documents and other information relied upon in making this determination.
Full Text
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<title>Federal Register, Volume 90 Issue 170 (Friday, September 5, 2025)</title>
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[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Notices]
[Pages 42936-42937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16995]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF100]
Marine Mammals; Pinniped Removal Authority; Approval of
Application
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability.
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SUMMARY: NMFS announces approval of an application to intentionally
take, by lethal methods, California sea lions (CSL; Zalophus
californianus) and Steller sea lions (SSL; Eumetopias jubatus: Eastern
stock) 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 (Onchorynchus spp.). This
action is intended to reduce or eliminate sea lion predation on species
that are listed as threatened or endangered under the Endangered
Species Act (ESA) of 1973, and 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. This authorization is pursuant to the
Marine Mammal Protection Act (MMPA). NMFS also announces availability
of decision documents and other information relied upon in making this
determination.
ADDRESSES: Additional information about our determination may be
obtained by visiting the NMFS West Coast Region's website: <a href="http://www.westcoast.fisheries.noaa.gov">http://www.westcoast.fisheries.noaa.gov</a>, or by writing to us at: NMFS West
Coast Region, Protected Resources Division, 1201 Lloyd Blvd., Suite
1100, Portland, OR 97232.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Anderson at the above
address, by phone at (503) 231-2226, or by email at
<a href="/cdn-cgi/l/email-protection#98eaf7fafdeaecb6fbb6f9f6fcfdeaebf7f6d8f6f7f9f9b6fff7ee"><span class="__cf_email__" data-cfemail="265449444354520845084748424354554948664849474708414950">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Section 120 (MMPA; 16 U.S.C. 1389, 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 of individually identifiable pinnipeds that
are having a significant negative impact on the decline or recovery of
salmonid species which have been listed as threatened or endangered
species under the 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)(1)
establishes the criteria whereby a state may apply to the Secretary
requesting authorization for the intentional lethal taking of
individually identifiable pinnipeds which are having a significant
negative impact on the decline or recovery of salmonid species. 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.
The Endangered Salmon Predation Prevention Act of 2018 (Pub. L.
115-329) replaced the existing MMPA section 120(f) with a new section
120(f) titled Temporary Marine Mammal Removal Authority on the Waters
of the Columbia River or its Tributaries. The new section 120(f)
provides separate authority for NMFS to issue permits allowing the
intentional lethal taking of sea lions for the purpose of protecting
ESA-listed fish species and species of lamprey and sturgeon that are
listed as species of concern. Under section 120(f), sea lions are
deemed to be individually identifiable and having a significant
negative impact on the protected fish species when the sea lions are
located in defined areas of the Columbia River and its tributaries.
These areas include the mainstem of the Columbia River between river
mile 112 (I-205 bridge) and river mile 292 (McNary Dam), and in any
tributary to the Columbia River that includes spawning habitat of
threatened or endangered salmon or steelhead (Onchorynchus spp.).
Public Law 115-329 also included additional eligible entities \1\ not
identified in section 120(b)(1) that may apply for authorization to
intentionally take, by lethal methods, sea lions present within the
geographic area established in section 120(f).
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\1\ 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 as defined in section
120(f)(6)(D) of the MMPA.
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Pursuant to section 120(f) of the MMPA, an eligible entity may
request authorization to lethally remove sea lions, and the Regional
Administrator is required to: (1) review the application to determine
whether the applicant has produced sufficient evidence to warrant
establishing a Pinniped-Fishery Interaction Task Force (Task Force) to
address the situation described in the application; (2) publish a
notice in the Federal Register requesting public comment on the
application, if sufficient evidence has been produced; (3) establish
and convene a Task Force; (4) consider any recommendations made by the
Task Force in making a determination whether to approve or deny the
application; and (5) if approved, immediately take steps to implement
the intentional lethal taking, which shall be performed by agencies or
qualified individuals under contract to such agencies (section
120(c)(4)), or by individuals employed by the eligible entities
described in section 120(f)(6).
Section 120(c)(2) requires the Task Force be composed of the
following: (1) employees of the Department of Commerce; (2) scientists
who are knowledgeable about the pinniped interaction; (3)
representatives of affected conservation and fishing community
organizations; (4) Indian Treaty tribes; (5) the states; and (6) such
other organizations as NMFS deems appropriate. The Task Force reviews
the application and public comments and, as required by section 120,
recommends to NMFS whether to approve or deny the application. The Task
Force is also required to submit with its recommendations for the
proposed location, time, and method of such taking; criteria for
evaluating the success of the action; the duration of the intentional
lethal taking authority; and a suggestion for non-lethal alternatives,
if available and practicable, including a recommended course of action.
Section 120(f)(2)(C) requires the Secretary to establish procedures
to coordinate issuance of permits (authorizations) under this
subsection,
[[Page 42937]]
including application procedures and timelines, delegation and
revocation of permits to and between eligible entities, monitoring,
periodic review, and geographic, seasonal take, and species-specific
considerations. Pursuant to section 120(f)(2)(C), on June 4, 2019, NMFS
issued a Decision Memorandum to fulfill this statutory requirement by
establishing application requirements and program implementation
procedures for prospective and approved authorizations issued to an
eligible entity under section 120(f). Permits issued under section
120(f) may only authorize take of sea lions that are not listed under
the ESA, or designated as a depleted or strategic stock under the MMPA.
On August 21, 2024, NMFS received an application pursuant to
section 120(f) from the following entities: Oregon Department of Fish
and Wildlife, the Washington Department of Fish and Wildlife, the Idaho
Department of Fish and Game, 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 \2\ (hereafter
referred to as the ``Eligible Entities''). The Eligible Entities
requested authorization to intentionally take, by lethal methods,
California sea lions and Steller sea lions that are located in the
mainstem of the Columbia River between river mile 112 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 (Onchorynchus spp.) to reduce or eliminate sea lion predation
on the following 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, 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), the southern distinct population
segment of eulachon (Thaleichthys pacificus), and species of lamprey or
sturgeon that are not listed as threatened or endangered but are listed
as a species of concern by the state of Oregon. California sea lions
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. In
response to the Eligible Entities' August 21, 2024, MMPA section 120(f)
application requesting NMFS renew their August 14, 2020, MMPA section
120(f) permit for a period of 5 years. In their application, the
Eligible Entities only requested to take the balance of animals left
over from the August 14, 2020, permit. Thus, we are giving them all the
removal authority they are currently asking for. To date, the Eligible
Entities have removed 116 CSL and 114 SSL. Thus, the remaining balance
of sea lions that the Eligible Entities would be authorized to remove
over the next 5 years would be 424 CSL and 62 SSL.
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\2\ The Willamette Committee fulfills the requirements for an
eligible entity under section 120(f)(6)(A)(iii) of the MMPA.
Pursuant to this section of the statute, the Committee members
include the Oregon Department of Fish and Wildlife, the Confederated
Tribes of the Umatilla Indian Reservation, the Confederated Tribes
of the Warm Springs Reservation of Oregon, the Confederated Tribes
of the Grand Ronde Community, and the Confederated Tribes of the
Siletz Indians of Oregon. The Confederated Tribes of the Grand Ronde
Community and the Confederated Tribes of the Siletz Indians of
Oregon will coordinate and conduct lethal removal activities in the
Willamette River Basin with the member co-managers, but not
elsewhere in the Columbia River Basin.
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On September 3, 2024, NMFS provided the above-mentioned Eligible
Entities a letter 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 March 30,
2025, NMFS published a notice in the Federal Register (90 FR 14119)
requesting public comment on the application, and any additional
information NMFS should consider in making its decision. As required
under the MMPA, after the close of the public comment period NMFS
convened the Columbia River Basin Task Force on May 28, 2025. The Task
Force meeting was open to the public.
The Task Force completed and submitted its report to NMFS on July
25, 2025. All Task Force members present at the meeting (12 of 20)
recommended that NMFS approve the Eligible Entities' application. All
decision documents, including a copy of the authorization, are
available on NMFS' West Coast Region web page (see ADDRESSES).
Findings
NMFS didn't engage in informal consultation or prepare an
Environmental Assessment for this permit, but rather determined the
existing compliance documents were sufficient and did not require
supplementation.
Based on these requirements, NMFS has determined that the
requirements of section 120(f) of the MMPA have been met and it is
therefore reasonable to issue a permit to the Eligible Entities
authorizing them to remove (i.e., place in permanent captivity or kill)
no more than 424 California sea lions and no more than 62 Steller sea
lions (eastern stock) through August 22, 2030.
Dated: September 2, 2025
Kim Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-16995 Filed 9-4-25; 8:45 am]
BILLING CODE 3510-22-P
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