[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3315 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3315

  To allow for the taking of pinnipeds 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

                             July 31, 2018

Mr. Merkley (for himself and Mr. Wyden) 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 pinnipeds 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 ``Predation Reduction of Salmon Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) prevention of predation by sea lions, recovery of 
        salmonid stocks listed under the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.), and prevention of the future listings 
        of fish stocks in the Columbia River under such Act are vital 
        priorities; and
            (2) the Federal Government should continue to fund lethal 
        and nonlethal removal of sea lions as well as 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 and 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 
                listed as endangered or threatened under such Act 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) Deadline for consideration 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 for coordination among eligible entities, 
                including issuance of permits and permit requirements, 
                application procedures and timelines, geographic and 
                species-specific considerations, and monitoring and 
                periodic review.
                    ``(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, prior to issuing a permit under 
                this subsection, 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 process for 
        determining limitations on annual take of sea lions shall 
        follow the process established under subsection (c), 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) Requirements of takings.--
                    ``(A) In general.--Intentional lethal takings under 
                this subsection shall--
                            ``(i) be humane within the meaning of such 
                        term under section 3(4);
                            ``(ii) use capture, handling, 
                        transportation, and euthanasia protocols that 
                        are based on standards propagated by an 
                        Institutional Animal Care and Use Committee;
                            ``(iii) not involve the use of firearms, as 
                        defined in section 921(a) of title 18, United 
                        States Code, except as a form of secondary 
                        euthanasia; and
                            ``(iv) be implemented by agencies or 
                        qualified individuals described in subsection 
                        (c)(4), or by individuals employed by the 
                        eligible entities described in paragraph (6).
                    ``(B) Remains.--The remains of any sea lion taken 
                and euthanized pursuant to this subsection shall, upon 
                request of an Indian tribe with a legal or historic 
                interest in the protection of salmonid species in the 
                area of the Columbia River and its tributaries 
                described in paragraph (8) and that has a demonstrated 
                historic cultural practice of using sea lion remains in 
                tribal cultural practices, and in accord with 
                procedures established by the Secretary, be distributed 
                to that tribe.
            ``(5) Suspension of permitting authority.--If, 5 years 
        after the date of the enactment of the Predation Reduction of 
        Salmon Act, the Secretary, after consulting with State and 
        tribal fishery managers, determines that lethal removal 
        authority is no longer necessary to protect the species 
        described in paragraph (1) from sea lion predation, the 
        Secretary shall suspend the issuance of permits under this 
        subsection.
            ``(6) Eligible entity defined.--
                    ``(A) In general.--In this subsection, subject to 
                subparagraph (B), the term `eligible entity' means the 
                State of Washington, the State of Oregon, and the State 
                of Idaho.
                    ``(B) Memoranda of understanding for additional 
                eligibility.--
                            ``(i) In general.--An eligible entity 
                        described in subparagraph (A) may enter into a 
                        memorandum of understanding with any Indian 
                        tribe with legal or historic interests in the 
                        protection of the species described in 
                        paragraph (1) in the area of the Columbia River 
                        and its tributaries described in paragraph (8) 
                        for deterrence and removal of sea lions.
                            ``(ii) Considerations.--In determining 
                        eligibility under this subparagraph, the 
                        Secretary shall consider the capacity of each 
                        Indian tribe to manage wildlife to meet the 
                        requirements of this Act.
            ``(7) Individual exception.--For purposes of this 
        subsection, any sea lion located between Columbia River river 
        mile 112 and the Bonneville Dam, or in any tributary to the 
        Columbia River with a confluence below the Bonneville Dam 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 between Columbia River 
        river mile 112 and the Bonneville Dam, or in any tributary to 
        the Columbia River with a confluence below Bonneville Dam that 
        includes spawning habitat of threatened or endangered salmon or 
        steelhead is deemed to be having a significant negative impact 
        on the decline or recovery of salmonid fishery stocks described 
        in 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, 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)), except as expressly set 
forth in this Act or the amendments made by this Act.

SEC. 5. REPORT.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of the Interior shall study and report to Congress on the 
potential effects of the lethal taking of sea lions on the recovery of 
salmonid stocks in the waters of the Columbia River and the tributaries 
of the Columbia River.
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