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

<DOC>





                                                       Calendar No. 702
115th CONGRESS
  2d Session
                                S. 3119

                          [Report No. 115-400]

  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

                           November 29, 2018

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Endangered Salmon Predation 
Prevention Act''.</DELETED>

<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of the Congress that--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) the Federal Government should continue to fund 
        lethal and nonlethal removal, and deterrence, measures for 
        preventing such predation.</DELETED>

<DELETED>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.</DELETED>

<DELETED>    Section 120(f) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1389(f)) is amended to read as follows:</DELETED>
<DELETED>    ``(f) Temporary Marine Mammal Removal Authority on the 
Waters of the Columbia River or Its Tributaries.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) species of lamprey or sturgeon that 
                are not so listed as endangered or threatened but are 
                listed as a species of concern.</DELETED>
        <DELETED>    ``(2) Permit process.--</DELETED>
                <DELETED>    ``(A) In general.--An eligible entity may 
                apply to the Secretary for a permit under this 
                subsection.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Eligible entity defined.--</DELETED>
                <DELETED>    ``(A) In general.--</DELETED>
                        <DELETED>    ``(i) Definition.--In this 
                        subsection, the term `eligible entity' means--
                        </DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Additional eligibility.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(ii) Memoranda of 
                        understanding.--A memorandum of understanding 
                        described in this clause is--</DELETED>
                                <DELETED>    ``(I) between the State of 
                                Washington and the Cowlitz Indian Tribe 
                                for deterrence and removal of sea lions 
                                on the Cowlitz River; or</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN 
              TRIBES.</DELETED>

<DELETED>    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)).</DELETED>

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.
                    ``(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--
                    ``(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 and its 
                        tributaries, the State of Washington, the State 
                        of Oregon, and the State of Idaho;
                            ``(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, and the Confederated 
                        Tribes and Bands of the Yakama Nation; and
                            ``(iii) with respect to removal in the 
                        mainstem Columbia River and its tributaries, 
                        the Columbia River Intertribal Fish Commission.
                    ``(B) Delegation authority.--The Secretary may 
                allow an eligible entity described in clause (i) to 
                delegate its authority under a permit under this 
                subsection to any entity described in subclause (ii) or 
                (iii).
            ``(7) Individual exception.--For purposes of this 
        subsection, 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 subsection, 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)).

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.
                                                       Calendar No. 702

115th CONGRESS

  2d Session

                                S. 3119

                          [Report No. 115-400]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 29, 2018

                       Reported with an amendment