[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 946 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 946

 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

                             March 8, 2011

Mr. Hastings of Washington (for himself, Mr. Dicks, Mr. Walden, and Ms. 
 Herrera Beutler) introduced the following bill; which was referred to 
                   the Committee on Natural 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 to allow removal of the minimum 
        number of California sea lions as is necessary to protect the 
        passage of threatened and endangered salmonids in the Columbia 
        River or its tributaries.
            (13) On December 21, 2010, the independent Pinniped-Fishery 
        Interaction Task Force recommended lethally removing more of 
        the California sea lions in 2011.

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) Determination of alternative measures.--
                    ``(A) In general.--The Secretary shall determine 
                whether alternative measures to reduce sea lion 
                predation of 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.
                    ``(B) Deadline.--The Secretary shall make such 
                determination not later than 90 days after the date of 
                the enactment of this subsection.
                    ``(C) Public comment.--The Secretary shall, within 
                such 90-day period, provide up to 30 days for the 
                submission of public comments on the determination.
                    ``(D) Federal register.--The Secretary shall 
                publish the determination in the Federal Register.
            ``(2) Removal authority.--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 California sea lions 
        if the Secretary determines under paragraph (1) 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.
            ``(3) Permit process.--
                    ``(A) In general.--An eligible entity may apply to 
                the Secretary of Commerce for a permit under paragraph 
                (2) authorizing the lethal taking of California sea 
                lions.
                    ``(B) Deadline for consideration of application.--
                The Secretary shall approve or deny an application for 
                a permit under this subsection by not later than 30 
                days after receiving the application.
                    ``(C) 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.
                    ``(D) Duration of permits.--A permit under this 
                subsection shall be effective for no more than one year 
                after the date it is issued.
                    ``(E) Consultation.--In issuing a permit to an 
                eligible entity, the Secretary shall--
                            ``(i) consult with other eligible entities 
                        and other such entities as the Secretary 
                        considers appropriate, including the Corps of 
                        Engineers; and
                            ``(ii) consider the number of other permits 
                        issued to other eligible entities in the same 
                        time period.
                    ``(F) Reports.--Not later than January 31 following 
                the end of each year in which a lethal taking occurs 
                under a permit under this subsection, the Secretary 
                shall publish a brief report describing the 
                implementation of this subsection and the effect of all 
                such takings in such year on Columbia River salmonid 
                stocks and on the California sea lion population in the 
                area where each taking occurs.
            ``(4) Limitations.--
                    ``(A) Limitation on permit authority.--A permit 
                issued under this subsection shall not authorize the 
                lethal taking of more than 10 California sea lions.
                    ``(B) 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.
                    ``(C) Limitation on animal authorized to be 
                taken.--
                            ``(i) 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.
                            ``(ii) Consultation.--In making such 
                        determination, the permit holder shall consult 
                        with the National Marine Fisheries Service, and 
                        may consult with any other Federal agency or 
                        eligible entity as appropriate.
            ``(5) Delegation of permit authority.--The State of 
        Washington and the State of Oregon may each designate the 
        Pacific States Marine Fisheries Commission to administer its 
        permit authority under this subsection. Any other eligible 
        entity may designate the Columbia River Inter-Tribal Fish 
        Commission to administer its permit authority under this 
        subsection.
            ``(6) 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 during the 3-year period 
        beginning on the date of the enactment of this Act.
            ``(7) Termination of permitting authority.--The Secretary 
        may not issue any permit under this subsection after the 
        earlier of--
                    ``(A) the end of the 5-year period beginning on the 
                date of the enactment of this subsection; or
                    ``(B) the date the Secretary determines that lethal 
                removal authority is no longer necessary to protect 
                salmonid stocks from California sea lion predation.
            ``(8) 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.''.
    (b) Recommended Legislation.--Not later than two years 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;
            (2) permit holders exercising lethal removal authority 
        pursuant to the amendment made by this Act should be trained in 
        wildlife management; and
            (3) the Federal Government should continue to fund, 
        research, and support effective nonlethal alternative measures 
        for preventing such predation.
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