[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6241 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6241

 To amend the Marine Mammal Protection Act of 1972 to reduce predation 
      on endangered Columbia River salmon, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2006

   Mr. Hastings of Washington (for himself, Mr. Baird, Mr. Walden of 
    Oregon, and Mr. Dicks) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Marine Mammal Protection Act of 1972 to reduce predation 
      on endangered Columbia River salmon, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Salmon Predation 
Prevention Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) There are 13 groups of salmon and steelhead that are 
        listed as threatened species or endangered species under the 
        Endangered Species Act of 1973 that migrate through the lower 
        Columbia River.
            (2) The people of the Northwest United States are united in 
        their desire to restore healthy salmon and steelhead runs, as 
        they are integral to the region's culture and economy.
            (3) The Columbia River treaty tribes retain important 
        rights with respect to salmon and steelhead.
            (4) Federal, State, and tribal governments have spent 
        billions of dollars to assist the recovery of Columbia River 
        salmon and steelhead populations.
            (5) One of the factors impacting salmonid populations is 
        increased predation by marine mammals, including California sea 
        lions.
            (6) The population of California sea lions has increased 6-
        fold over the last 3 decades, and is currently greater than 
        300,000.
            (7) In recent years, over 1,000 California sea lions have 
        been entering the lower 205 miles of the Columbia River up to 
        Miller Island during the peak spring salmonid run before 
        returning to the California coast to mate.
            (8) The percentage of the spring salmonid run that has been 
        eaten or killed by California sea lions at Bonneville dam has 
        increased 7-fold since 2002.
            (9) In recent years, California sea lions have with greater 
        frequency congregated near Bonneville dam and have entered the 
        fish ladders.
            (10) Some of these California sea lions have not been 
        responsive to extensive hazing methods employed near Bonneville 
        dam to discourage this behavior.
            (11) The process established under the 1994 amendment to 
        the Marine Mammal Protection Act of 1972 to address aggressive 
        sea lion behavior is protracted and will not work in a timely 
        enough manner to protect threatened and endangered salmonids in 
        the near term.
            (12) In the interest of protecting Columbia River 
        threatened and endangered salmonids, a temporary expedited 
        procedure is urgently needed.

SEC. 3. TAKING OF CALIFORNIA SEA LIONS ON THE COLUMBIA RIVER OR ITS 
              TRIBUTARIES TO PROTECT ENDANGERED AND THREATENED SPECIES 
              OF SALMON.

    (a) Amendment to Marine Mammal Protection Act of 1972.--Section 120 
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389) is amended 
by adding at the end the following:
    ``(k) Temporary Marine Mammal Removal Authority on the Waters of 
the Columbia River or Its Tributaries.--
            ``(1) In general.--In addition to other authority under 
        this section, and notwithstanding any other provision of this 
        title, the Secretary may issue a permit to an eligible entity 
        authorizing the intentional lethal taking on the waters of the 
        Columbia River or its tributaries of up to 10 California sea 
        lions, if the Secretary determines under paragraph (9) that 
        alternative measures to reduce sea lion predation on salmonid 
        stocks in such waters listed as threatened species or 
        endangered species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) do not adequately protect the salmonid 
        stocks from California sea lion predation.
            ``(2) Eligible entity defined.--In this subsection, the 
        term `eligible entity' means each of the State of Washington, 
        the State of Oregon, the Nez Perce Tribe, the Confederated 
        Tribes of the Umatilla Indian Reservation, the Confederated 
        Tribes of the Warm Springs Reservation of Oregon, and the 
        Confederated Tribes and Bands of the Yakama Nation.
            ``(3) Delegation of permit authority.--An eligible entity 
        may designate an appropriate interstate or intertribal fish 
        commission to administer its permit authority under this 
        subsection.
            ``(4) Consultation.--In issuing a permit to an eligible 
        entity under this subsection, the Secretary shall--
                    ``(A) consult with other eligible entities and 
                other such entities as the Secretary considers 
                appropriate, including the Corps of Engineers; and
                    ``(B) consider the number of other permits issued 
                to other eligible entities in the same time period.
            ``(5) Duration of permits.--A permit under this subsection 
        shall be effective for no more than one year after the date it 
        is issued.
            ``(6) Authority to issue multiple permits.--The Secretary 
        may issue more than one permit under this subsection to an 
        eligible entity. No more than one permit may be utilized in any 
        14-day period by the same eligible entity.
            ``(7) Limitation on annual takings.--The cumulative number 
        of California sea lions authorized to be taken each year under 
        all permits in effect under this subsection shall not exceed 
        one percent of the annual potential biological removal level of 
        California sea lions.
            ``(8) Limitation on animals authorized to be taken.--
                    ``(A) Determination required.--A California sea 
                lion may not be taken under a permit under this 
                subsection unless the permit holder has determined 
                that--
                            ``(i) such sea lion has preyed upon 
                        salmonid stocks in the Columbia River; and
                            ``(ii) with respect to such sea lion, 
                        nonlethal alternative measures to prevent 
                        preying on salmonid stocks have in general not 
                        been effective.
                    ``(B) Consultation.--In making such determination, 
                the permit holder may consult with any other eligible 
                entity or Federal agency.
            ``(9) Determination of alternative measures.--
                    ``(A) Deadline.--The Secretary shall determine 
                whether alternative measures to reduce sea lion 
                predation on salmonid stocks in the waters of the 
                Columbia River or its tributaries listed as threatened 
                species or endangered species under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.) adequately 
                protect the salmonid stocks from California sea lion 
                predation, by not later than 90 days after the date of 
                the enactment of this subsection.
                    ``(B) Public comment.--The Secretary shall, within 
                such 90-day period, provide up to 30 days for the 
                submission of public comments on the determination.
                    ``(C) Federal register.--The Secretary shall 
                publish the determination in the Federal Register.
            ``(10) Deadline for consideration of application.--The 
        Secretary shall respond to an application for a permit under 
        this subsection by not later than 30 days after receiving the 
        application.
            ``(11) NEPA.--Section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall 
        not apply with respect to this subsection and the issuance of 
        any permit under this subsection.
            ``(12) Termination of permitting authority.--The Secretary 
        may not issue any permit under this subsection after the end of 
        the 3-year period beginning on the date of the enactment of 
        this subsection.''.
    (b) Recommended Legislation.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Commerce shall 
submit to the Congress a report on the need for additional legislation 
to amend the Marine Mammal Protection Act of 1972 to address the 
general issue of predation by marine mammals on fish species listed as 
threatened species or endangered species under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.).

SEC. 4. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) nonlethal means of preventing predation of listed 
        salmonid stocks in the Columbia River by California sea lions 
        is preferable to lethal means; and
            (2) the Federal Government should continue to fund, 
        research, and support effective nonlethal alternative measures 
        for preventing such predation.
                                 <all>