To amend the Marine Mammal Protection Act of 1972 to authorize intentional lethal take by certain Indian Tribes of California sea lions and Steller sea lions in a specified portion of the Columbia River, and for other purposes.

To amend the Marine Mammal Protection Act of 1972 to authorize intentional lethal take by certain Indian Tribes of California sea lions and Steller sea lions in a specified portion of the Columbia River, 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.

SEC. 2. Intentional lethal take by certain Indian Tribes of certain pinnipeds in Columbia River.

(a) In general.—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) Intentional lethal take by certain Indian Tribes of certain pinnipeds in Columbia River.—

“(1) IN GENERAL.—Notwithstanding any other provision of law, a covered Indian Tribe may intentionally lethally take covered pinnipeds on covered waters.

“(2) REQUIREMENTS.—With respect to the intentional lethal take of covered pinnipeds on covered waters, a covered Indian Tribe—

“(A) may carry out such take—

“(i) without limitation on—

“(I) the number of covered pinnipeds the covered Indian Tribe may take; or

“(II) when the covered Indian Tribe may take covered pinnipeds; and

“(ii) notwithstanding whether the covered pinnipeds are individually identifiable; and

“(B) shall carry out such take—

“(i) in a manner the covered Indian Tribe determines to be humane; and

“(ii) using methods the covered Indian Tribe determines appropriate.

“(3) DESIGNEES.—A covered Indian Tribe may designate a person to intentionally lethally take covered pinnipeds on covered waters in accordance with the requirements of paragraph (2) on behalf of the covered Indian Tribe.

“(4) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to limit existing Tribal rights or authorities under treaties, executive orders, or other provisions of law.

“(5) DEFINITIONS.—In this subsection:

“(A) COVERED INDIAN TRIBE.—The term ‘covered Indian Tribe’ means an Indian Tribe (as such term is defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)) that has ancestral ties to any part of covered waters.

“(B) COVERED PINNIPED.—The term ‘covered pinniped’ means a—

“(i) California sea lion (Zalphus californianus); and

“(ii) Steller sea lion (Eumetopias jubatus) that is part of the Eastern Distinct Population Segment of Steller sea lions.

“(C) COVERED WATERS.—The term ‘covered waters’ means the mainstem and tributaries of the Columbia River in the States of Washington and Oregon from River Mile 0 to the McNary Dam.”.