[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3119 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3119

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2018

Mr. Risch (for himself and Ms. Cantwell) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  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, issuance to eligible entities, geographic 
                and species-specific considerations, monitoring, and 
                periodic review.
                    ``(D) Duration of permit.--A permit under this 
                subsection shall be effective for not more than 5 
                years, and may be renewed by the Secretary.
                    ``(E) Coordination with other tribes.--To the 
                extent practicable, and prior to issuing a permit under 
                this section, the Secretary shall consult with all 
                Indian tribes with legal or historic interests in the 
                protection of salmonid species in the area of the 
                Columbia River and its tributaries described in 
                paragraph (8).
            ``(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 be humane within the meaning of 
        such term under section 3(4), and shall be implemented by 
        agencies or qualified individuals described in subsection 
        (c)(4), or by individuals employed by the eligible entities 
        described in subsection (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) In general.--
                            ``(i) Definition.--In this subsection, the 
                        term `eligible entity' means--
                                    ``(I) with respect to removal in 
                                the mainstem of the Columbia River and 
                                its tributaries, the State of 
                                Washington, the State of Oregon, and 
                                the State of Idaho; and
                                    ``(II) with respect to removal in 
                                the mainstem Columbia River and its 
                                tributaries, the Nez Perce Tribe, the 
                                Confederated Tribes of the Umatilla 
                                Indian Reservation, the Confederated 
                                Tribes of the Warm Springs Reservation 
                                of Oregon, the Confederated Tribes and 
                                Bands of the Yakama Nation, and the 
                                Columbia River Intertribal Fish 
                                Commission.
                            ``(ii) Delegation authority.--The Secretary 
                        may allow an eligible entity described in 
                        clause (i)(I) to delegate its authority under a 
                        permit under this subsection to any entity 
                        described in clause (i)(II).
                    ``(B) Additional eligibility.--
                            ``(i) In general.--Subject to the approval 
                        of the Secretary, the Indian tribes described 
                        in subclauses (I) and (II) of clause (ii) may 
                        remove sea lions pursuant to a memorandum of 
                        understanding described in clause (ii).
                            ``(ii) Memoranda of understanding.--A 
                        memorandum of understanding described in this 
                        clause is--
                                    ``(I) between the State of 
                                Washington and the Cowlitz Indian Tribe 
                                for deterrence and removal of sea lions 
                                on the Cowlitz River; or
                                    ``(II) between the State of Oregon 
                                and the Confederated Tribes of the 
                                Grand Ronde Community of Oregon or the 
                                Confederated Tribes of Siletz Indians 
                                of Oregon for deterrence and removal of 
                                sea lions on the Willamette River.
                            ``(iii) Considerations.--In determining 
                        whether to approve a memorandum of 
                        understanding under clause (i), the Secretary 
                        shall consider each affected Indian tribe's 
                        wildlife management capacity to meet the 
                        requirements of this Act.
            ``(7) Individual exception.--For purposes of this section, 
        any sea lion located upstream of river mile 112, 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 section, any sea lion located in the mainstem of the 
        Columbia River upstream of river mile 112, 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 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)).
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