[6] Niners Deny Appeal: Sea Lion Trapping To Begin
The 9th Circuit Court of Appeals has denied a last-ditch motion by the Humane Society to stop the lethal removal of California sea lions preying on ESA-listed salmon at Bonneville Dam.
Citing a recent decision from its own court (Lands Council v. McNair, 2008), the Niners' panel did not buy the Humane Society's argument that a stay should be granted on the basis that it would likely win the case on appeal. Last year, the appeals court upheld a motion by the society to stop the lethal removal of the marine mammals, but it did allow for trapping them.
In 2008, some sea lions had already been trapped and hauled away when six of them were found dead in cages below the dam. First reports indicated they had been shot, but NOAA Fisheries found no evidence of gunshot wounds when the animals were examined. The trap and haul program was suspended at that point.
Last November, an Oregon District Court judge ruled that state agencies could use lethal means to reduce predation by sea lions at the dam. He later denied an appeal to stop the action.
In his ruling, Judge Michael Mosman agreed with NOAA Fisheries that the actual predation rate may be much higher than the observed 4-percent rate. NMFS estimated the actual predation rate at the dam could be as high as 13 percent on spring chinook and 22 percent on steelhead.
According to the latest hazing report from the Corps of Engineers, up to 27 sea lions in a single day have been observed at Bonneville Dam so far this spring. Most have been Stellers, who are listed for protection under the ESA, and their favorite food seems to be green sturgeon. California sea lions have been observed also, taking mostly steelhead.
Of the nine California sea lions that have shown up already, seven have been seen in previous years. Hazing from boats to reduce predation occurs daily, but with limited success.
Two traps have been deployed, but the Corps is running out of aquariums around the country to send them to. Last year there were a dozen requests, this year only two. NMFS spokesman Brian Gorman told the Seattle Times that it seems likely some will have to be lethally removed.
Biologists expect a huge spring run this year, around 300,000 chinook, which means that more sea lions than ever are expected to show up at the dam by April. -B. R.
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NW Fishletter 255, Dec. 4, 2008
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