MARINE MAMMAL COMMISSION - Annual Report for 1995 



Oregon, and California. Section 120(h) directs the 

 Secretary of Commerce to establish a pinniped-fishery 

 interaction task force to advise on possible measures 

 for minimizing interactions between pinnipeds and 

 aquaculture operations in the Gulf of Maine. 



Actions generated by these new provisions are 

 described below. 



Request from the Washington Department of 

 Fish and Wildlife for Lethal Taking Authority 



The number of winter-run steelhead trout returning 

 through the Chittenden, or Ballard, Locks in Seattle to 

 spawn in streams emptying into Lake Washington 

 declined from nearly 3,000 in the early 1980s to 

 fewer than 100 in the 1993-1994 run. At the same 

 time, there was a substantial increase in the number of 

 California sea lions congregating near the locks and 

 preying on steelhead. As described in the Commis- 

 sion's previous annual report, measures taken by the 

 National Marine Fisheries Service and the Washington 

 Department of Fish and Wildlife to reduce sea lion 

 depredation of the winter-run steelhead have been 

 largely ineffective (see Appendix B, Fraker 1994, for 

 a more complete description of the problem). 



As noted above, under the 1994 Marine Mammal 

 Protection Act amendments, states may request 

 authority to lethally take individually identifiable 

 pinnipeds causing or contributing to declines of 

 salmonid stocks. On 30 June 1994 the Washington 

 Department of Fish and Wildlife applied to the 

 National Marine Fisheries Service for authority to 

 lethally take individually identifiable California sea 

 lions preying on winter-run steelhead migrating 

 through the Ballard Locks. The application also asked 

 that a pinniped-fishery interaction task force be 

 established as required under section 120(c). 



The Ballard Locks Pinniped-Fishery Interaction 

 Task Force was established by the Service on 30 

 September 1994. Members included representatives 

 of the National Marine Fisheries Service, the State of 

 Washington, concerned Indian tribes, the academic 

 community, recreational fishermen, and public interest 

 groups. The task force met several times in October 

 and November 1994 and forwarded its recommenda- 



tions to the National Marine Fisheries Service on 22 

 November 1994. 



The task force recommended that sea lions preying 

 on steelhead trout in the vicinity of Ballard Locks be 

 removed, preferably by non-lethal means, to reduce 

 predation during the 1994-1995 winter run. The task 

 force further recommended that, if facilities were not 

 or could not be made available to hold depredating sea 

 lions in captivity during the winter run, the state or 

 National Marine Fisheries Service be authorized to 

 kill depredating sea lions provided that (a) predation 

 exceeds 10 percent of the returning steelhead trout in 

 any consecutive seven-day period after 1 January 

 1995, (b) depredating sea lions are captured and 

 euthanized humanely, (c) the Army Corps of Engi- 

 neers provide a report to the National Marine Fisher- 

 ies Service describing its response to task force 

 recommendations for improving fish passage at 

 Ballard Locks, and (d) the Service and the Washing- 

 ton Department of Fish and Wildlife further investi- 

 gate the possible benefits of using acoustic deterrence 

 devices to keep sea lions away from the lock area. 



Not all members of the task force supported the 

 recommendations put forth in the 22 November 

 report. On 5 December 1994 a minority report signed 

 by 8 of the 21 task force members was provided to 

 the Service. The report noted the minority view that 

 (1) the available data did not support the premise that 

 removing sea lions would produce an increase in the 

 winter-run steelhead population, (2) if sea lions 

 observed repeatedly eating steelhead in the vicinity of 

 the locks were removed, they likely would be replaced 

 by other nearby animals, (3) lethal removal would 

 constitute a significant precedent with broad implica- 

 tions for future management of marine mammal- 

 fishery interactions under the Marine Mammal Protec- 

 tion Act, and (4) the State of Washington had failed to 

 make the required showing that there were no feasible 

 and prudent alternatives to lethal removal. The 

 minority group also expressed concern that the Army 

 Corps of Engineers had been unresponsive to the 

 National Marine Fisheries Service regarding the need 

 to improve fish passage at the locks. 



The Marine Mammal Commission, in consultation 

 with its Committee of Scientific Advisors, reviewed 

 and by letter of 19 December 1994 provided com- 



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