Congress directed NMFS to conduct a one-year scientific investigation to determine whether California sea lions and Pacific harbor seals:
a) are having a significant negative impact on the recovery of salmonid fishery stocks which have been listed under the Endangered Species Act, or which the Secretary finds are approaching such endangered or threatened species status; or
b) are having broader impacts on the coastal ecosystems of Washington, Oregon and California.
The Scientific Investigation Report - released in March 1997 - identified two problem areas:
1. Pinniped Impact on Salmonids -- California sea lion and Pacific harbor seal populations on the West Coast have been increasing since passage of the MMPA in 1972 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. Pinniped Impacts on West Coast Ecosystems -- 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.
After completion of the investigation, Congress directed NMFS to enter into discussions with the Pacific States Marine Fisheries Commission on behalf of the states of Washington, Oregon and California, to develop recommendations to address issues or problems identified in the investigation. The results of these discussions were incorporated into a draft Report to Congress for public review and comment. The draft report was distributed to the public on March 27, 1997, with a 90-day public comment period. More than 300 letters and 3,000 postcards commenting on the draft report were received. A summary of those comments with NMFS responses is attached as an appendix to the final 18-page Report to Congress.
RECOMMENDATIONS
1. IMPLEMENT SITE-SPECIFIC MANAGEMENT FOR CALIFORNIA SEA LIONS AND PACIFIC HARBOR SEALS. Congress should consider a new framework that would allow state and Federal resource management agencies to immediately address conflicts involving California sea lions and Pacific harbor seals. This framework should provide a streamlined approach for federal and state resource management agencies to take necessary and appropriate action with pinnipeds, including lethal taking where necessary, that are involved in resource conflicts. 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 are:
(a) In situations where California sea lions or Pacific harbor seals are preying on salmonids that are listed or proposed or candidates 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 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 (1) non-lethal deterrence methods are underway and are not fully effective, or (2) 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 human activities, such as at fishery sites and marinas, lethal removal by state or federal resource agency officials would be authorized after non-lethal deterrence has been ineffective.
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 pinniped deterrence methods should be a research priority for addressing expanding pinniped populations on the West Coast, and impediments to such research need to be removed.
3. SELECTIVELY REINSTATE AUTHORITY FOR THE INTENTIONAL LETHAL TAKING OF CALIFORNIA SEA LIONS AND PACIFIC HARBOR SEALS BY COMMERCIAL FISHERS TO PROTECT GEAR AND CATCH. Prior to the 1994 Amendments to the MMPA, commercial fishers 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. Congress should reconsider providing a limited authorization, based on demonstrated need, 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 the needed studies are provided in the report.
