[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3119 Enrolled Bill (ENR)]

        S.3119

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 An Act


 
   To allow for the taking of sea lions on the Columbia River and its 
 tributaries to protect endangered and threatened species of salmon and 
                      other nonlisted fish species.

    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. SENSE OF CONGRESS.
    It is the sense of the Congress that--
        (1) preventing predation by sea lions, recovery of listed 
    salmonid stocks, and preventing future listings of fish stocks in 
    the Columbia River under the Endangered Species Act of 1973 (16 
    U.S.C. 1531 et seq.) is a vital priority; and
        (2) the Federal Government should continue to fund lethal and 
    nonlethal removal, and deterrence, measures for preventing such 
    predation.
SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES 
TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON AND OTHER 
NONLISTED FISH SPECIES.
    Section 120(f) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1389(f)) is amended to read as follows:
    ``(f) Temporary Marine Mammal Removal Authority on the Waters of 
the Columbia River or Its Tributaries.--
        ``(1) Removal authority.--Notwithstanding any other provision 
    of this Act, the Secretary may issue a permit to an eligible entity 
    to authorize the intentional lethal taking on the waters of the 
    Columbia River and its tributaries of individually identifiable sea 
    lions that are part of a population or stock that is not 
    categorized under this Act as depleted or strategic for the purpose 
    of protecting--
            ``(A) species of salmon, steelhead, or eulachon that are 
        listed as endangered species or threatened species under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
            ``(B) species of lamprey or sturgeon that are not so listed 
        as endangered or threatened but are listed as a species of 
        concern.
        ``(2) Permit process.--
            ``(A) In general.--An eligible entity may apply to the 
        Secretary for a permit under this subsection.
            ``(B) Timelines and procedures of application.--The 
        timelines and procedures described in subsection (c) shall 
        apply to applications for permits under this subsection in the 
        same manner such timelines apply to applications under 
        subsection (b).
            ``(C) Coordination.--The Secretary shall establish 
        procedures to coordinate issuance of permits under this 
        subsection, including application procedures and timelines, 
        delegation and revocation of permits to and between eligible 
        entities, monitoring, periodic review, and geographic, seasonal 
        take, and species-specific considerations.
            ``(D) Duration of permit.--A permit under this subsection 
        shall be effective for a period of not more than 5 years, and 
        may be renewed by the Secretary.
        ``(3) Limitations on annual takings.--The Secretary shall apply 
    the process for determining limitations on annual take of sea lions 
    under subsection (c) to determinations on limitations under this 
    subsection, and the cumulative number of sea lions authorized to be 
    taken each year under all permits in effect under this subsection 
    shall not exceed 10 percent of the annual potential biological 
    removal level for sea lions.
        ``(4) Qualified individuals.--Intentional lethal takings under 
    this subsection shall--
            ``(A) be humane within the meaning of such term under 
        section 3(4);
            ``(B) require that capture, husbandry, transportation, and 
        euthanasia protocols are based on standards propagated by an 
        Institutional Animal Care and Use Committee and that primary 
        euthanasia be limited to humane chemical methods; and
            ``(C) be implemented by agencies or qualified individuals 
        described in subsection (c)(4), or by individuals employed by 
        the eligible entities described in paragraph (6).
        ``(5) Suspension of permitting authority.--If, 5 years after 
    the date of the enactment of the Endangered Salmon Predation 
    Prevention Act, the Secretary, after consulting with State and 
    tribal fishery managers, determines that lethal removal authority 
    is no longer necessary to protect salmonid and other fish species 
    from sea lion predation, the Secretary shall suspend the issuance 
    of permits under this subsection.
        ``(6) Eligible entity defined.--
            ``(A) Definition.--In this subsection, the term `eligible 
        entity' means--
                ``(i) with respect to removal in the mainstem of the 
            Columbia River, from river mile 112 to the McNary Dam and 
            its tributaries in the State of Washington, and its 
            tributaries in the State of Oregon above Bonneville Dam, 
            the State of Washington, the State of Oregon, and the State 
            of Idaho;
                ``(ii) with respect to removal in the mainstem Columbia 
            River from river mile 112 to the McNary Dam and its 
            tributaries within the State of Washington and in any of 
            its tributaries above Bonneville Dam within 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; and
                ``(iii) with respect to removal in the Willamette River 
            and other tributaries of the Columbia River within the 
            State of Oregon below Bonneville Dam, a committee 
            recognized by the Secretary under subparagraph (D).
            ``(B) Delegation authority.--The Secretary may allow 
        eligible entities described in clause (i) or (ii) of 
        subparagraph (A) to delegate their authority under a permit 
        under this subsection to the Columbia River Intertribal Fish 
        Commission for removal in the mainstem of the Columbia River 
        above river mile 112 and below McNary Dam, in the Columbia 
        River tributaries in the State of Washington, or in tributaries 
        within the State of Oregon above Bonneville Dam and below 
        McNary Dam.
            ``(C) Additional delegation authority.--The Secretary may 
        allow an eligible entity described in subparagraph (A)(i) to 
        delegate its authority under a permit under this subsection to 
        any entity described in subclause (i) or (ii) of subparagraph 
        (A) with respect to removal in the mainstem of the Columbia 
        River above river mile 112 and below McNary Dam, in the 
        Columbia River tributaries in the State of Washington, or in 
        tributaries in the State of Oregon above Bonneville Dam and 
        below McNary Dam.
            ``(D) Committee requirements.--
                ``(i) In general.--The Secretary shall recognize a 
            committee established in accordance with this subparagraph 
            as being eligible for a permit under this subsection, for 
            purposes of subparagraph (A)(iii).
                ``(ii) Membership.--A committee established under this 
            subparagraph shall consist of the State of Oregon and each 
            of the following:

                    ``(I) The Confederated Tribes of Siletz Indians or 
                the Confederated Tribes of the Grand Ronde Community, 
                or both.
                    ``(II) The Confederated Tribes of the Warm Springs 
                or the Confederated Tribes of the Umatilla Reservation, 
                or both.

                ``(iii) Majority agreement required.--A committee 
            established under this subparagraph may take action with 
            respect to a permit application and removal under this 
            subsection only with majority agreement by the committee 
            members.
                ``(iv) Nonapplicability of faca.--The Federal Advisory 
            Committee Act (5 U.S.C. App.) shall not apply to a 
            committee established under this subparagraph.
        ``(7) Individual exception.--For purposes of this subsection, 
    any sea lion located upstream of river mile 112 and downstream of 
    McNary Dam, or in any tributary to the Columbia River that includes 
    spawning habitat of threatened or endangered salmon or steelhead is 
    deemed to be individually identifiable.
        ``(8) Significant negative impact exception.--For purposes of 
    this subsection, any sea lion located in the mainstem of the 
    Columbia River upstream of river mile 112 and downstream of McNary 
    Dam, or in any tributary to the Columbia River that includes 
    spawning habitat of threatened or endangered salmon or steelhead is 
    deemed to be having a significant negative impact, within the 
    meaning of subsection (b)(1).
        ``(9) Definition.--In this subsection, the term `Indian tribe' 
    has the meaning given such term in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 5304).''.
SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.
    Nothing in this Act or the amendments made by this Act shall be 
construed to enlarge, confirm, adjudicate, affect, or modify any treaty 
or other right of an Indian tribe (as defined in section 4 of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
5304)).
SEC. 5. REPORT.
    Not later than 3 years after the date of the enactment of this Act, 
the Secretary of Commerce shall study and report to Congress on the 
effects of deterrence and the lethal taking of sea lions on the 
recovery of endangered and threatened salmon and steelhead stocks in 
the waters of the Columbia River and the tributaries of the Columbia 
River subject to section 120(f) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1389(f)), as amended by this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.