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Judge: Sea Lion Killings To Save Salmon Can Resume

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File photo of a sea lion. (Photo by David Hallett/Getty Images)

File photo of a sea lion. (Photo by David Hallett/Getty Images)

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PORTLAND (CBS Seattle/AP) – Oregon state authorities can resume killing California sea lions that feast on endangered salmon bottled up at a dam on the Columbia River, but fewer than one-third as many as federal biologists previously had authorized, a judge ruled Thursday.

U.S. District Judge James E. Boasberg in Washington, D.C., denied the Humane Society of the United States request to stop the killing at the Bonneville Dam while a lawsuit challenging the program goes forward. But he limited the killing to 30 pinnipeds a year instead of the 92 authorized by federal authorities, and ordered that none of them may be shot.

“The case will go forward, and we feel we have a very strong case in the end,” Humane Society marine program leader Sharon Young said of their third attempt to permanently halt the killings, which since it started in 2008.

The floating traps are out and if any of the 92 California sea lions branded as regular salmon eaters are seen inside them, the gates will be sprung, and the animals killed by lethal injection, said Oregon Department of Fish and Wildlife spokeswoman Jessica Sall. She said they have no plans to shoot any animals. California sea lions that hang around the dams eating salmon, and refuse to leave despite hazing by rubber bullets and firecrackers, go on a kill list.

Adult salmon and steelhead returning to spawn get bottled up at the fish ladders over Bonneville, located east of Portland, Ore. California sea lions, which are federally protected as marine mammals, but not as threatened or endangered species, swim about 145 miles upriver to the dam to feed on the fish in the spring.

The limits imposed by the judge should not pose a problem, Sall said. The department did not anticipate killing more than 30 animals in any one year. Over the past four years, only 41 have been trapped and killed or sent to a zoo or aquarium. The current authorization from NOAA Fisheries Service is good for four years.

The Humane Society lawsuit contends that the NOAA Fisheries Service erred when it decided that sea lions eating up to 4.2 percent of the fish passing over the dam amounted to a significant obstacle to the restoration of endangered salmon, when fishermen are allowed to take up to 17 percent. It adds that killing sea lions will have no effect on restoring salmon, which face a greater threat from fishermen and predation by walleye and bass introduced into the river for sport fishermen to catch.

The department, a co-defendant in the case, counters that while sea lions kill some protected salmon, fishermen are only allowed to kill hatchery-bred fish. The department says it is able to estimate how many wild fish die after being released, and to shut down the season if necessary.

Salmon returns to the Columbia Basin in Oregon, Washington, Idaho and Montana have declined steadily from harm caused by dams, logging, agriculture, and urban development since settlement of the region began in the 1840s. Only a small percentage of the fish are wild, with the great majority produced in hatcheries. There are 14 different types of wild salmon and steelhead in the Columbia Basin protected by the Endangered Species Act.

(TM and © Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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