[Congressional Record Volume 164, Number 107 (Tuesday, June 26, 2018)]
[House]
[Pages H5696-H5705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENDANGERED SALMON AND FISHERIES PREDATION PREVENTION ACT
General Leave
Mr. LAMBORN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous materials on H.R. 2083.
The SPEAKER pro tempore (Mr. Davidson). Is there objection to the
request of the gentleman from Colorado?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 961 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 2083.
The Chair appoints the gentleman from Texas (Mr. Poe) to preside over
the Committee of the Whole.
{time} 1429
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2083) to amend the Marine Mammal Protection Act of 1972 to reduce
predation on endangered Columbia River salmon and other non-listed
species, and for other purposes, with Mr. Poe of Texas in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Colorado (Mr. Lamborn) and the gentleman from
Arizona (Mr. Grijalva) each will control 30 minutes.
The Chair recognizes the gentleman from Colorado.
Mr. LAMBORN. Mr. Chairman, I yield myself such time as I may consume.
H.R. 2083, a bipartisan effort by Ms. Herrera Beutler and Mr.
Schrader, aims to cut red tape by updating Federal law to provide a
temporary, expedited process to give States and Tribes the ability to
address California sea lion predation of endangered salmon and other
species on a limited basis.
Right now, ratepayers in the Pacific Northwest invest hundreds of
millions of dollars each year to help recovering salmon populations,
only to have them end up in the stomachs of sea lions. Federal law
provides conflicting mandates to protect each species but does not
provide the flexibility to account for broader ecological interactions.
California sea lion populations on the West Coast have exploded, yet
salmon runs continue to decline. According to the Northwest Power and
Conservation Council, the sea lion population has grown to a level of
roughly 300,000 individuals, and marine biologists conclude that their
population is currently at carrying capacity.
Historically, California sea lions have foraged at the mouth of the
Columbia River, but they have recently continued to move inland. As the
sea lions move further upstream to feed, their diet exists increasingly
more of endangered salmon.
H.R. 2083 will authorize the Secretary of Commerce to provide to
State and local Tribes the tools necessary to humanely manage sea lions
that have migrated outside their historic range and pose an imminent
threat to fish species listed under the Endangered Species Act.
Federal permits authorized under H.R. 2083 would be limited to State
and Tribal fishery managers who have a direct stake in a healthy
regional ecosystem. It is absolutely imperative that we give local
stakeholders the tools they need for a balanced ecosystem where both
fish and sea lions can thrive.
This bipartisan bill has broad support from States, Tribes, public
utility districts, advocacy groups, and hundreds of local businesses
across the Pacific Northwest. It is a win for not only the endangered
fish of the Pacific Northwest, but the ratepayers who are heavily
invested in keeping these fish stocks flourishing and healthy.
Mr. Chairman, I urge my colleagues to support this bipartisan,
commonsense bill.
And that is just the way it is.
Mr. Chairman, I reserve the balance of my time.
Mr. GRIJALVA. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise in opposition to H.R. 2083. This legislation
claims to
[[Page H5697]]
protect salmon in the Columbia River by authorizing an increase in the
annual permits to kill California sea lions, Steller sea lions, and
harbor seals.
It is true that many of our salmon and steelhead runs are not doing
well. In 2017, runs of wild salmon and steelhead were the fourth lowest
since 1979, and the most recent 3-year trend is steadily downward. It
is devastating, I agree, but we should be legislating to address the
real threats facing salmon recovery. Impacts to salmon caused by seals
and sea lions pale in comparison to the harm caused by so many other
threats.
Let's take a minute to go over some of the significant threats facing
salmon: habitat loss and degradation, pesticides and toxic contaminants
polluting tributary habitats, hydropower, invasive species, hatcheries,
overfishing, by-catch, human population growth, climate change, and the
bill the House Republicans pushed today to block court-mandated water
releases from Federal dams to aid in salmon recovery.
I cannot support this bill. It does not address the root causes of
salmon population decline and, instead, unfairly scapegoats sea lions.
Mr. Chairman, for these reasons, I urge my colleagues to vote ``no,''
and I reserve the balance of my time.
Mr. LAMBORN. Mr. Chairman, I yield 5 minutes to the gentlewoman from
Washington (Ms. Herrera Beutler).
Ms. HERRERA BEUTLER. Mr. Chairman, thanks to Kurt Schrader, who has
been a partner with me on this legislation for a while--actually, since
before I was here, he has been working on this bill--and today is a
good day.
``I would like to think that there might still be salmon and
steelhead to fish for when my great-grandkids try fishing.'' That is
from Bob, who lives in Brush Prairie in my district. I have heard Bob's
sentiments echoed literally from thousands of folks across southwest
Washington.
Unfortunately, our salmon runs are now fighting for survival. It is
practically a miracle when a fish can make it upstream without getting
caught between a sea lion's teeth. They certainly don't get caught
unscathed.
Mr. Chairman, what we currently have on the Columbia River is an
ecosystem seriously out of balance. I recently met with local fishing
guides who, with despair in their voices, told me between 70 and 100
percent of the fish they land show visible signs of a struggle with a
sea lion, barely escaping becoming a meal for the already engorged sea
lions. We are seeing fewer and fewer salmon, steelhead, and sturgeon
make it past this gauntlet of sea lions as the fish make their way
upstream.
Donald from Vancouver told me the other day he reeled in a salmon--
half of a salmon. A sea lion was fighting him for the other half.
Look, we are not anti-sea lion. Oh, my goodness, no. We are just for
protecting our native fish, a Pacific Northwest icon, and in order to
do that, we have got to make it easier to remove some of the most
egregious offenders, problematic pinnipeds.
Sea lions aren't endangered anymore. In fact, they are doing really,
really well. They weigh a ton. Literally, a Steller sea lion can weigh
up to 1 ton. Between the California and the Steller sea lions, their
populations have increased by hundreds of thousands, and now they are
overindulging on an all-you-can-eat buffet of salmon at numbers that
are totally unnatural on the Columbia River system. The sea lions are
winning this battle.
Forty-five percent of spring Chinook adult salmon disappear between
the mouth of the Columbia River and the Bonneville Dam. Oregon's fish
and wildlife agency has concluded after much study that the Willamette
River steelhead runs are facing a 90 percent chance of extinction due
to predation.
That is why we are here today, Mr. Chairman, in a bipartisan effort
to save our wild fish from being decimated by animals that have
migrated out of their natural habitat and whose population is ever
increasing.
My bill, the Endangered Salmon and Fisheries Predation Prevention
Act, provides Tribal and government resource managers with the means to
rapidly respond and remove California and Steller sea lions from
specific areas where they are posing the most harm to our salmon
restoration efforts.
The Columbia River makes up the entire southern border of my
district. The river is a lifeline for clean, affordable energy and
brings economic benefit through both recreational and commercial
fishing.
While the lethal take of sea lions is a last resort, it is necessary
to protect the hundreds of millions of dollars in investments that the
Northwest residents have made to protect and enhance salmon and other
ESA-listed species on the Columbia River.
Nonlethal solutions like hazing and, literally, transporting sea
lions hundreds of miles away and releasing them have not worked. The
sea lions come right back.
In Washington State, we are forced to live with a cautionary tale of
failing to take strong action. In the 1980s and 1990s, Federal
officials failed to grant the same authority that we are asking for
today to halt the salmon slaughter in Seattle at the Ballard Locks. By
the time Congress acted, a whole run of steelhead was decimated.
Let's not allow history to repeat itself. H.R. 2083 is a much-needed
solution. The bill would amend section 120 of the Marine Mammal
Protection Act to authorize the Secretary of Commerce to provide States
and local Tribes with the tools necessary to humanely manage sea lions
on the waters of the Columbia River and its tributaries as long as the
sea lions are not part of an ESA-listed species. This is common sense,
Mr. Chairman.
Additionally, this legislation allows not only the Northwest State
wildlife agencies, but also qualified Tribes to obtain permits to help
protect the recovery of ESA-listed salmon, authority not granted
currently under the law.
Simply put, my bill cuts through the bureaucratic red tape,
streamlines the permitting process, and allows States and Tribes to
rapidly respond to remove sea lions from areas they pose the most
threat to salmon recovery. Mr. Chairman, this is the last line of
defense against fish runs bordering on extinction.
This bill enjoys bipartisan support both here in Congress and at
home. As I mentioned, my friend and neighbor to the south, Kurt
Schrader, has been an invaluable partner in getting this bill to the
floor today.
The CHAIR. The time of the gentlewoman has expired.
Mr. LAMBORN. Mr. Chair, I yield the gentlewoman an additional 1
minute.
Ms. HERRERA BEUTLER. Mr. Chairman, this legislation is supported by
the Governors of Washington, Oregon, and Idaho; the Columbia River
Inter-Tribal Fish Commission; the Washington, Idaho, and Oregon State
Department of Fish and Wildlife; the Ilwaco Charter Association; the
Coalition of Coastal Fisheries; and the Coastal Conservation
Association of Oregon and Washington. Public utilities are among the
bill's supporters.
I am also pleased a companion bill is moving through the Senate now,
with bipartisan support, underscoring the urgency of this issue.
I ask my colleagues to join me today in supporting H.R. 2083. Let's
make sure our kids and our grandkids and great-grandkids can experience
the thrill of reeling in their first salmon on the Columbia River.
Mr. GRIJALVA. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am disappointed to be standing here today to debate a
bill that has become quite familiar to the House Natural Resources
Committee over the past three Congresses.
I must point out the obvious fact, Mr. Chairman, that killing of sea
lions is not a silver bullet for a salmon recovery. This bill is a
five-cent solution to a $10 problem.
The fact is the sea lion predation pales in comparison to the harm
caused to endangered salmon runs by habitat loss, dam operation,
pesticides, invasive species, and several other human activities. The
bill does absolutely nothing to address any of these major causes of
salmon decline.
For example, NOAA Fisheries has found that the estimated salmon and
steelhead production in the Columbia River basin is over 10 million
fish below historic levels, with 8 million of that loss attributable to
hydropower development and operation.
I must also point out the hypocrisy here. The bill before us today is
described as a salmon protection act, but
[[Page H5698]]
it follows a series of House Republican priority bills that would push
the West Coast salmon population to the brink of extinction.
Just this April, my Republican colleagues pushed through the House
H.R. 3144, known in the fishing community as the ``Salmon Extinction
Act,'' intended to block protection measures that experts tell us are
necessary for salmon survival.
Last year, we saw similar attacks on salmon, Tribes, and the salmon
fishing industry when House leadership rushed H.R. 23, also known as
the GROW Act, through the House. This bill sought to eliminate
protections for wild California salmon and put California's native
fisheries and the thousands of jobs it supported on the path to
extinction, meaning thousands of job losses across California, Oregon,
and Washington State. House leadership pushed that bill even though
estimates showed that 78 percent of California's native salmon will be
extinct this century under current trends.
The congressional war on salmon has continued with riders in this
year's appropriations bills. For example, the House Energy and Water
Appropriations bill, approved by this Chamber earlier this month, will
block the restoration of salmon runs in the Columbia River and
California's San Joaquin River.
As if that were not enough, the Interior and CJS Appropriations bills
also include riders that are being supported by the Republican
majority. Yet here we are talking about killing hundreds of seals and
sea lions because my Republican colleagues claim they want to recover
salmon.
Let's be clear: The anti-salmon legislation and riders coming out of
Congress are far bigger threats to salmon recovery than the sea lions'
snacking habits. Restoring wild salmon that are under threat requires a
sophisticated response that tackles the most pressing issues impacting
salmon populations.
Instead, we are here today scapegoating marine mammals that are
themselves under threat from this House's effort to roll back the
Marine Mammal Protection Act in order to help oil and gas companies.
Marine mammals and salmon have coexisted together for millennia.
Unfortunately, neither one has enough defenses against the agenda of
the Republican Congress. We don't have to pick and choose which
creatures are worthy of survival. I would encourage my colleagues to
get serious about addressing the whole range of stressors that are
driving salmon to extinction: dam operations, pesticides, invasive
species, and human activities that are preventing full salmon recovery.
Mr. Chairman, I urge my colleagues to reject today's effort to force
Congress to pick and choose between wildlife, and I reserve the balance
of my time.
Mr. LAMBORN. Mr. Chairman, I would only say that, when there is a
population of 300,000 sea lions, I would not call that endangered. They
are protected under a Federal law, but they are not found to be
endangered or threatened, as far as I know.
Mr. Chairman, I yield 4 minutes to the gentleman from Oregon (Mr.
Schrader), who is also a bipartisan cosponsor of this bill.
{time} 1445
Mr. SCHRADER. Mr. Chair, this is what our cuddly sea lions do to our
iconic salmon in the Columbia and Willamette Rivers.
Salmon are an important part of the culture, the identity, and the
economy of the people and Tribes of the Pacific Northwest. It is one of
the reasons why we, as a region, have put so much time, energy, and
resources into protecting and recovering these iconic fish.
Along with my good friend and colleague from the other side of the
Columbia River, Representative Herrera Beutler, we have worked very
hard with the three States in our region, our Tribes, our wildlife
agencies, and our colleagues here in Congress to find common ground and
to craft a bill that meets our needs to protect endangered salmon, but
also addresses concerns about what happens to the sea lions.
Today's consideration of H.R. 2083 marks nearly 9 years that I have
been working on this legislation with my colleague from Washington.
During that time, sea lion predation on endangered salmon and steelhead
runs has increased exponentially, and the results have been dramatic.
Much like the Ballard Locks in Seattle that my colleague referred to
earlier, we are facing our own imminent extinction threat with the
Willamette winter steelhead run if we don't act immediately. That is
just a fact.
In the case of the Ballard Locks, we didn't act soon enough. The
pinniped predation drove that steelhead run to extinction.
We cannot repeat the same mistake. It is important to note that
nothing in this bill will harm sea lion populations. They are
thriving--thanks to the Marine Mammal Protection Act--with a population
that now hovers in the 300,000 range.
NOAA has concluded that the California sea lions have reached their
maximum carrying capacity. It is a remarkable success story. We want
that to continue. But with this success, we also need to recognize that
these sea lions no longer need the same level of protections that they
did when they first passed the Marine Mammal Protection Act in the
early 1970s, when their numbers were only in the 70,000 range.
Now they are threatening, in non-historic areas, to move up the
rivers, where they have no history, and eliminate our salmon. There is
a 20 to 25 percent predation on these salmon.
Our bill would allow the selective removal of problematic sea lions
that are congregating at the Bonneville Dam, Willamette Falls, and some
of the tributaries of key estuaries.
Research has shown that removing these sea lions before they
habituate to these areas prevents additional animals recruiting to
these areas and would result in having to remove fewer sea lions over
time.
We have heard some arguments that we shouldn't focus on sea lions,
that we should take a comprehensive approach. My good colleague from
Arizona said there is no silver bullet here. I agree. I agree.
We have been doing nonlethal hazing for more than 15 years that has
been totally ineffective. Transport these sea lions to the coast from
the middle of Oregon, and they are back in 5 days at the Willamette
Falls.
Every entity involved in salmon management, from Tribes to fishermen
to dam operators, has altered their behavior to protect salmon. Pacific
Northwest ratepayers, through their electric bills, contribute nearly
$1 billion a year, the biggest fish recovery program in America, a
third of their electric bill, to help fund the largest fish mitigation
program.
This money goes toward the habitat restoration that was alluded to;
improvements to fish ladders, fish screens, turbines; improving
hatcheries. It is our responsibility as Members of Congress to
safeguard the public investment in improving these salmon runs.
This is not a radical bill. This is a thoughtful, narrow approach
that is based on sound science, brought to us by the Departments of
Fish and Wildlife of the three States in question and supported by Jay
Inslee of Washington and Kate Brown of Oregon, Democratic Governors;
Butch Otter of Idaho, a Republican Governor; Tribes; wildlife agencies;
and biologists. Senators Cantwell and Risch have introduced a companion
bill in the Senate.
Most importantly, the process will require the following: NOAA still
will review the permit application and issue a request for public
comment. NOAA will form a task force to review the application and make
recommendations. NOAA will conduct a NEPA review.
We have a great many people doing incredible work.
The CHAIR. The time of the gentleman has expired.
Mr. LAMBORN. Mr. Chair, I yield the gentleman an additional 1 minute.
Mr. SCHRADER. Mr. Chair, I just want to thank everyone for their
strong effort in this area: the Tribes; Liz Hamilton, Bob Rees, and our
conservation community; Curt Melcher and his team at ODF&W, Shaun
Clements and Ed Bowles; and our friends on the other side of the river
at WDFW also. All these folks have been tremendous partners. I can't
thank them enough.
Mr. Chair, I thank my colleague from across the river, Jaime Herrera
Beutler. It has been a great partnership.
[[Page H5699]]
Mr. Chair, I urge my colleagues to support our region and our efforts
to protect and support our salmon. I ask for your help and to support
this legislation today.
Mr. GRIJALVA. Mr. Chairman, I yield 2 minutes to the gentleman from
Oregon (Mr. DeFazio).
Mr. DeFAZIO. Mr. Chairman, for many, this is an emotional debate. I
would concede the point that this is not a silver bullet.
What we are talking about in particular are a few species of salmon
that are on the verge of extinction, and whether or not this bill
passes will determine their future. It already extirpated a run at
Ballard Locks.
We have a place in Oregon called Willamette Falls, 120 miles from the
mouth of the Columbia River. Historically, there have been no sea lions
there. There have been no changes in that structure in 100 years.
Yet, the passage of wild salmon, which was normally 5,000 to 8,000,
has dropped down to 500 because of the predation with 40 sea lions
hanging out, munching, basically, at the fish ladder.
Here is where sea lions are at. The optimal population is between
this red line and this blue line. They actually have exceeded that blue
line, which means they have recently exceeded and now are maybe
dropping back to the maximum sustainable population.
We are talking about a few hundred problem animals, which then teach
other animals where they can get a free lunch. That is really the key
here. This is based in science. We have a probability of 89 percent of
extinction of the Willamette winter steelhead that go over Willamette
Falls because of the sea lions that hang out there.
They have tried everything: sonic guns, harassment, removal. They
took them 300 miles away. They swim pretty good; they are back in 5
days. And they tell other sea lions along the way: Hey, come on, follow
me. I know a great place to go.
If we were to remove just a few of these problem sea lions, it is
very likely that it will be a long time before another set of sea lions
learns to go 120 miles up the river to the Willamette Falls.
The CHAIR. The time of the gentleman has expired.
Mr. LAMBORN. Mr. Chair, I yield 2 minutes to the gentleman from
Oregon (Mr. DeFazio).
Mr. DeFAZIO. Mr. Chair, so the conditions are that these would have
to be problem sea lions that have been marked; they have been removed;
they have been harassed; they have come back; and they have to be 112
miles up the river. This is not a normal condition, that sea creatures
are 112 miles up a freshwater river.
There are critical areas on the Columbia, up by the dams, up by the
Willamette Falls, and in some of the tributaries, which are the most
productive salmon grounds in the country where they are starting to
hang out. And they are eating almost exclusively salmon, steelhead, and
now sturgeon, which are also a threatened species.
As my colleague from Oregon said, NOAA will review the permit. We
will have public comment. They will have a task force to review the
application and make recommendations or modifications.
There will be a NEPA review. That was one of the critical elements.
It was a problem with the earlier bill, and a number of us insisted
upon a NEPA review. NOAA will approve or deny the permit with
conditions, and that will be monitored on an annual basis.
Again, the argument that, well, other sea lions are just going to
take their place, has not been proven by science. In fact, there are
only a couple of hundred that are these problem creatures and are going
upstream. Ultimately, others will follow them and become habituated. If
we can remove the worst of the problem ones, then perhaps we won't drop
down. In fact, the recent estimates are we are down to a 6 percent
chance of survival--this is a little out of date--of the winter
steelhead because of this year's predation.
There is another chart. I don't have it here. It shows, yes, the
structures were built 100 years ago. That impeded the winter steelhead.
There has been a fish ladder. Locks were built there for navigation.
That hasn't changed in 100 years. So the populations were healthy at
5,000 to 8,000. Suddenly, now we are down to 512.
Something is happening. It is the sea lions.
Mr. GRIJALVA. Mr. Chair, I yield 3 minutes to the gentleman from
Washington (Mr. Kilmer).
Mr. KILMER. Mr. Chair, I thank the gentleman for yielding.
Mr. Chair, I rise today in support of H.R. 2083, which would provide
targeted relief to endangered salmon and steelhead stocks in the
Columbia River and its tributaries from the threat of predation by non-
native sea lions.
Mr. Chair, I thank my colleague Ms. Herrera Beutler for her work on
this bill, and Mr. Schrader from Oregon, and take this opportunity to
highlight the many weeks of bipartisan negotiations, which included
revisions from the National Marine Fisheries Service, our State and
Tribal wildlife comanagers, and other key stakeholders that resulted in
this compromise bill text.
It is because of that consensus that I am able to voice my support
for this bill today. I am thankful for that because I care about salmon
and protecting salmon. I care about fishing jobs, and I care about
Tribal treaty rights. And I care about the other animals in our
ecosystem that rely on a healthy salmon stock, like the endangered
Southern Resident orca population, of which there are few in our
oceans, fewer than the number of people who serve in this Chamber.
We have heard from our State and Tribal wildlife managers that, if
salmon predation at the Willamette Falls choke point is not addressed
immediately, there is a 90 percent probability that at least one of the
winter steelhead populations will go extinct.
Enhanced management of the sea lion predators at this site would make
a difference immediately. I also want to underscore that we already
have years of data to show that nonlethal hazing and relocation
measures currently employed by our wildlife managers have not been
effective at controlling the predators. In fact, the problem has only
gotten worse.
A decade ago, these predators used to congregate only at distinct
choke points created by the Bonneville Dam and Willamette Falls. Today,
they are moving further inland into the narrow tributaries of the
Columbia basin.
But there is good news. Research from Oregon State University
suggests that only a small portion of the sea lion population will ever
exhibit this behavior and removing these animals before they acclimate
to these areas prevents additional animals from learning this behavior.
So, the sooner we act, the fewer animals that will ultimately be
affected.
To put this in perspective, of the 4,000 California sea lions in the
Columbia River estuary, only about 200 ever swim upriver past the 112-
mile mark. It is these animals that are having the greatest effect on
the most vulnerable stocks in the watershed.
I will tell you what is at stake: Jobs. It is the livelihood of our
commercial, recreational, and Tribal fishermen who are counting on us
to rebuild these stocks. It is the future of our Southern Resident orca
population that depends on spring chinook as a key food source. It is
the identity of the Pacific Northwest that, in many ways, is defined by
these iconic fish.
Mr. Chair, I urge my colleagues to support this bipartisan compromise
so that our State and Tribal wildlife comanagers have the tools they
need to address this threat in the most responsible and targeted way
possible.
Mr. LAMBORN. Mr. Chair, I include the Record letters of support for
this legislation from Trout Unlimited, the Pacific Coast Federation of
Fishermen's Associations, and an additional list of supporters.
Trout Unlimited,
June 26, 2018.
Re Trout Unlimited Support for H.R. 2083, Endangered Salmon
and Fisheries Predation Prevention Act.
House of Representatives,
Washington, DC.
Dear Representative: We, the undersigned represent the
nearly 10,000 members of Trout Unlimited in the states of
Washington, Oregon and Idaho. Trout Unlimited is the
country's largest and oldest, coldwater conservation
organization with over 300,000 members and supporters
nationwide.
TU has been deeply engaged in wild salmon and steelhead
recovery efforts in the Columbia Basin for several decades,
and it is our goal to restore healthy, fishable, naturally
reproducing salmon and steelhead populations.
Many issues impact salmon and steelhead recovery efforts in
the Columbia Basin.
[[Page H5700]]
Habitat degradation, hydropower operations, harvest and
hatchery management issues are all significant factors. This
legislation will help to provide resource managers with the
necessary tools to help reduce predation by pinnipeds, a
problem which has become increasingly significant over the
last decade, and is particularly impactful at key locations,
such as Willamette Falls.
Pinniped predation rates in the basin are significant. NMFS
marine mammal biologists believe that sea lion predation
accounts for 20% of Spring Chinook Salmon losses in the
Columbia. Oregon Department of Fish and Wildlife has
completed a risk analysis that place the likelihood of
extinction for wild winter steelhead in the Willamette river
at 90% due in part to pinniped predation at the falls in
Oregon City.
H.R. 2083 would amend the Marine Mammal Protection Act to
allow NOAA to issue permits allowing state agency
representatives in Washington, Oregon and Idaho, as well as
several area tribes to use lethal take of sea lions in a
portion of the Columbia river or certain tributaries in order
to protect fish from sea lion predation.
While we support a targeted approach to culling individual
sea lions in specific areas to help reduce the impact to wild
salmon and steelhead populations, we recognize that this
action is necessary, but not at all sufficient, to help
recover salmon and steelhead populations. To rebuild wild
salmon and steelhead we need to take a comprehensive,
science-based approach that addresses other major factors in
their decline. Restoring their habitat, improving hatchery
operations and fine-tuning angling regulations must be part
of the long-term solution. Many of these actions are
underway, and we need to redouble these efforts.
We urge you to vote yes on H.R. 2083.
Sincerely,
Terry Turner,
Oregon Council Chair.
Ed Northern,
Idaho Council Chair.
Brad Throssel,
Washington Council Chair.
____
Pacific Coast Federation
of Fishermen's Associations,
June 25, 2018.
Dear Representative: The Pacific Coast Federation of
Fishermen's Associations (PCFFA) is the largest organization
of commercial fishermen on the West Coast, representing the
interests of hundreds of family-owned commercial fishing
operations who harvest and deliver fresh seafood to American
consumers and for export. Collectively, we represent many
thousands of family wage jobs and a West Coast commercial
fishing industry that contributes billions of dollars to the
U.S. economy.
On behalf of the hundreds of hard working commercial
fishermen we represent, we write to request your SUPPORT for
H.R. 2083, the Endangered Salmon and Fisheries Predation
Prevention Act. This bill would allow state and tribal
wildlife managers to apply for a permit to humanely euthanize
individual marine mammals in the Columbia River that are
known to prey on endangered salmon as they line up at fish
ladders attempting to return to their natal streams to spawn.
This bill provides an immediate, surgical solution to a
significant problem in a highly impacted western river, the
Columbia. Impediments to fish passage and severe flow
curtailment from hydropower dams have resulted in severe
depletion of the Pacific Northwest's most productive salmon
river. These impacts have cost commercial fishing families
billions of dollars in lost opportunity. While long-term
solutions including dam removal and robust instream flow
requirements will ultimately be required, immediate-term
approaches like this bill are desperately needed. The
limited, targeted culling of salmon predators on the Columbia
is one such solution that will yield immediate results while
long-term approached can be designed. We therefore urge your
support for this bill.
Thank you for your consideration.
Sincerely,
Noah Oppenheim,
Executive Director.
____
American Sport Fishing Association; Association of
Northwest Steelheaders; Coastal Conservation Association of
Washington; State of Idaho; State of Oregon; State of
Washington; Chelan PUD; Douglas PUD; Grant PUD; Northwest
RiverPartners; Yakima Bait co.; Leisure Sales; North Point
Personalized Wealth; Northwest Sportsman Magazine; O'Loughlin
Trade Shows; Island Creative Printing & Publishing; Active
Outdoors; Stevens Marine; Day One Outdoors, LLC & CK; Eagle
Cap Fishing Guides.
Skylen Freet Guided Sportfishing, LLC; Dick Nite Spoons,
Inc.; Poulsen Cascade Tackle, LLC; Western Fishing Adventures
Ltd.; Bill Monroe Outdoors, LLC; Angler Innovations, Inc.;
Smokehouse Products, LLC; D & G Bait, Inc.; Oregon, Rod, Reel
& Tackle; Total Fisherman Guide Service; BPG Wealth; It's All
Good Guide Service; Luhr Jensen & Son's; McKenzie River
Guides Association; The Merifield Company; FISHENG PRODUCTS;
Seasonal Marketing; Team Hookup Guide Services; OLLIE
DAMON'S; Maxima Fishing Line; Three Rivers Marine; Oregon
Tackle Mfg; Northwest Guides and Anglers Assocation;
Northwest Sportfishing Industry Association; Public Power
Council; Columbia River Inter-Tribal Fish Commission; Pacific
Coast Federation of Fishermen's Association; Bayside Guided
Adventures; BS Fish Tales Inc--Brad's; Pro-Cure Inc.; NW Fish
Quest; Silver Horde Fishing Supplies, Inc.; Harry
Bresnahans's Guide Service; Fisherman's Marine and Outdoor;
Jeff Robles & Associates; Hawken Fishing LLC; Morton and
Associates; Ancient Mariner Guide Service; Robin Daft; Bob's
Sporting Goods.
Anderson & Anderson Engineering, LLC; Big Rock Sports; Big
C Tackle; Fish-Field Inc.; Fish Marketing; LEO Flashers; On
Target Outdoors, LLC; Gunarama Wholesale; Elbe Mall;
Lamiglas; Maschmedt & Associates; Jemama Dreams; Trucke's 1-
Stop; Tillamook Sporting Goods; Renaissance Marine Group,
Inc.; North River Boats; Coho Steel; S&C Rod Racks; Baxter
Industrial Analysis; Twisted Waters Guide Service.
Anderson's Outdoors LLC; Jewell School District #8; Bob
Rees' Fishing Guide Service; Rubber Resource, Inc.; United
States Gypsum; Peck's Guide Service; Winter Run Guide
Service; Paradise Guide Service; Township Properties;
Northwest Angling Experience; Metro Aviation; Astoria Fishing
Charters; The Guide's Forecast; Grant's Outdoors Adventures;
Fish It All Guide Service LLC; Oregon River Trails Outfitter;
Brandon's Guide Service; Anglers Obsession; Austin's
Northwest Adventures; Fishhouse Outdoor Company Guide.
Ocks Fishing Adventures; Land and Wildlife, Bill Meyer
Fishing; CT Sport Fishing; Brookings Fishing Charters;
Sharkys Charters; BC Angling Supply; Frank Amato
Publications; Pat Abel's Guide Service; River Trail
Outfitters; Coho Design; NW Rods; Wild Salmon Center; Coastal
Coalition of Fisheries; Ilwaco Charter Association; Westport
Charter Boat Association; Salmon For All; Puget Sound
Anglers; Coastal Trollers Association; Ilwaco Fish Company;
Englund Marine Inc.; Sheldon Oyster Company; Excel Fishing
and Charters.
Mr. LAMBORN. Mr. Chairman, I yield 5 minutes to the gentleman from
Washington (Mr. Newhouse).
Mr. NEWHOUSE. Mr. Chair, I am proud to be able to rise and speak on
this bill. I am a proud cosponsor of H.R. 2083, the Endangered Salmon
and Fisheries Predation Prevention Act, and I encourage all of my
colleagues on both sides of the aisle to support this legislation.
This bill was introduced on a bipartisan basis by members of the
Pacific Northwest delegation to address the matter of predatory sea
lions that are consuming alarming numbers of endangered salmon,
steelhead, and other fish species in the Columbia River and its
tributaries.
{time} 1500
Over the past few decades, sea lion populations have increased
tenfold, causing sea lions to expand their search for food. There is
just too many of them for their traditional food sources.
Well, Mr. Chairman, they have found that source. Sea lions swimming
up to the Bonneville Dam are gorging themselves on endangered salmon
not only for food, but, Mr. Chairman, there are so many of them, they
are also doing it for sport. I have seen this myself while visiting a
dam, where I saw what scientists and river managers regularly see: fish
passing by--through those windows that you can watch the migrating
salmon--with massive bite marks through their bodies. Most of the time,
that leads to fatality for these fish.
A recent NOAA study found that sea lions consumed up to 45 percent of
several stocks of returning adult salmon last year. The Oregon
Department of Fish and Wildlife found that winter steelhead will go
extinct if sea lion populations are not managed, placing the likelihood
of extinction at 90 percent.
This bill would stop this severe problem by amending the Marine
Mammal Protection Act to allow NOAA to issue permits allowing State
agencies and regional Tribes to use lethal take of sea lions in certain
portions of the Columbia River and its tributaries. This legislation
will help protect fish from sea lion predation and is desperately
needed in order to save an endangered fish species.
Unfortunately, Ranking Member Grijalva and the minority of the House
Natural Resources Committee have once again reverted to fear-mongering,
just as they have done on other issues facing the Pacific Northwest. I
have heard this legislation called the ``Slaughter Seals and Sea Lions
Act,'' and it claimed the legislation will authorize a ``massive
increase in annual permits to kill sea lions and seals.'' Nothing could
be further from the truth.
This legislation demonstrates a targeted approach and a bipartisan,
concerted effort over many years to come
[[Page H5701]]
to a consensus on this serious issue. In fact, the bill places strict
limits on sea lion removal that are one-tenth the amount NOAA states
would have no impact on sea lion population.
I am disappointed in these outlandish and false claims that the
minority has propagated. The Confederated Tribes and Bands of the
Yakama Nation state: ``We are saddened to see such an inaccurate,
emotional, and nonscientific attack on legislation our region is
desperate to see enacted.'' And, Mr. Chairman, I could not agree more.
Fortunately, the wide-ranging coalition and bipartisan support behind
this legislation speaks for itself: from the three respective Governors
of the three States of Washington, Oregon, and Idaho; to the Yakama,
Nez Perce, Warm Springs, and Umatilla Tribes; to groups like the
Pacific Power Council, Northwest River Partners, Trout Unlimited, and
Pacific Coast Federation of Fishermen's Associations, this legislation
is supported by environmental organizations, the fishing industry,
power and utility interests, State and Tribal governments, and both
Democrats and Republicans alike right here in the House and in the
Senate.
The ranking member earlier stated that this bill is not a silver
bullet, and, Mr. Chairman, I don't disagree. I certainly acknowledge
that this is just one tool to continue the tremendous efforts and
significant resources our region has devoted to fish protection and
mitigation, but it is an important one.
I continue to advocate for sound science approaches to managing our
Columbia River system, including speaking out against the recklessly
mandated spill order currently placed upon the Federal river system.
That is why I supported H.R. 3144 earlier this year to stop this spill
and to provide the experts who manage our river system with the ability
to do so in a manner that is best for our fish species.
For the record, the minority of the House Natural Resources Committee
called the bill the ``Salmon Extinction Act''--more disappointing
hyperbole. I would encourage the ranking member and his staff to focus
more on the science and less on the radical rhetoric.
Mr. Chairman, just as my bipartisan colleagues support this
legislation we consider today, I continue to plead for my colleagues on
the other side of the aisle and in the Senate to recognize the science
showing how dangerous spilling to the gas caps is.
Mr. Chairman, I urge all of my colleagues to vote ``yes'' on H.R.
2083.
Mr. GRIJALVA. Mr. Chairman, I yield 3 minutes to the gentleman from
Washington (Mr. Heck).
Mr. HECK. Mr. Chairman, I sincerely thank the ranking member for
yielding.
Mr. Chairman, I rise in support of H.R. 2083.
You have heard a good number of arguments in favor of this bill
today: the urgent threat posed by sea lions to endangered salmon and
steelhead; the fundamental importance of salmon to the economy and
culture of the Pacific Northwest and, especially, the native peoples
who have depended on these stocks since time immemorial.
But I want to talk about another reason, which was alluded to
earlier, and that is the issue of the orca. June happens to be National
Orca Month in Washington State. The southern resident orcas are an
iconic species for us. They reside principally in the Puget Sound, and
they are dying. The very fish that are taken by these sea lions migrate
there and are an important part of their food stock.
There are 75 resident orcas left, less than when they were put on the
endangered species list, fewer orcas today than when they were listed.
A large part of it is that they don't have enough Chinook salmon to
eat, and the reason for that is because the sea lions are eating them
first.
I want to remind the Chamber these sea lions are not even indigenous
to the Columbia River. They have only been here a little more than
three decades. They came here and found lunch and, along with it, put
our orca at risk.
Our State resource managers estimate sea lions consume about 20
percent of the Columbia's spring Chinook run--20 percent, one in five.
We all recognize saving these iconic orcas will take a comprehensive
solution. I don't deny that. And, of course, it isn't a silver bullet,
but it will help. It is something this body can do today to save our
orcas.
Mr. Chairman, I urge my colleagues to support this bill, with my
compliments to the gentlewoman from the Third Congressional District
and all who have worked so tirelessly on behalf of H.R. 2083.
Mr. LAMBORN. Mr. Chairman, I reserve the balance of my time.
Mr. GRIJALVA. Mr. Chairman, I yield myself such time as I may
consume.
H.R. 2083 authorizes the lethal taking of over 1,000 sea lions and an
unknown amount of seals annually. Counter to what we have heard, the
bill will not significantly aid in the recovery of salmon populations
but needlessly targets seals and sea lions.
I think we have to put this piece of legislation in context to what
this House has done and what the Natural Resources Committee has done:
a pattern. It is another example of how my Republican colleagues view
wildlife management policy in the 21st century. We have too many
attacks on wildlife in this Congress.
Last year, Republicans released a bill to overturn a 2016 judicial
decision to allow the shooting of cormorants without ever considering
nonlethal management. The claimed rationale is to protect sports
fishing and aquaculture, although scant science, evidence, or fact
exists to prove that the birds significantly impact fish populations.
In February of last year, this Chamber voted to allow the Fish and
Wildlife Service to shoot bear cubs from a helicopter and gas wolf pups
in their dens on Alaska National Wildlife Refuges to artificially
inflate populations of moose and caribou prized by trophy hunters.
In the 115th Congress, Republicans have introduced dozens of bills
and policy riders targeting the Endangered Species Act and species like
the gray wolf, grizzly bears, greater sage-grouse, delta smelt, and
Chinook salmon.
The Trump administration's announcement that the Department of the
Interior will now consider trophy imports on a case-by-case basis gave
life to harmful bills in Congress that support trophy killing of
elephants and lions in African countries for purported conservation
purposes.
In the midst of all of the mass shootings in the country, committee
Republicans tried to disguise an NRA-backed bill as a sportsmen's bill,
the SHARE Act, which would deregulate silencers and armor-piercing
bullets. All these attacks on wildlife have been constant, they have
not been backed in science, and they have not been supported by science
or fact.
We all would like to see legislation that would tackle the real
threats facing imperiled wildlife and, in this particular legislation,
to do a study to assess that and then to talk about the kinds of
efforts that could be undertaken to protect the salmon. But to merely
do that without the science and the study I think is a mistake, and it
fits into a pattern that is all too common and puts this legislation
within the same context and the same pattern as the other pieces of
legislation.
Mr. Chairman, I reserve the balance of my time.
Mr. LAMBORN. Mr. Chairman, I yield 3 minutes to the gentlewoman from
Washington (Ms. Herrera Beutler), who will talk, among other things,
about the mitigation efforts that the ratepayers have been funding for
the salmon.
Ms. HERRERA BEUTLER. Mr. Chairman, I include in the Record a letter
of support from the Public Power Council and a letter of support from
the States of Washington, Oregon, and Idaho Departments of Fish and
Wildlife and the Columbia River Inter-Tribal Fish Commission.
June 22, 2018.
To: Speaker Ryan, Minority Leader Pelosi, and Northwest
Congressional Delegation.
Re Support for H.R. 2083 and S. 1702--To reduce marine mammal
predation on endangered Columbia River salmon.
We come together today to lend our strong and joint support
for H.R. 2083 and S. 1702, bills that would reduce predation
of endangered adult salmon and steelhead. The Public Power
Council (PPC) is a not for profit association that represents
about 100 consumer-owned electric utilities in the Pacific
Northwest on issues regarding the Federal Columbia River
Power System. The Columbia River Inter-Tribal Fish Commission
(CRITFC) provides coordination and technical assistance to
the tribes in regional, national, and international efforts
to ensure
[[Page H5702]]
that treaty fishing rights issues are protected in a way that
guarantees the continuation and restoration of tribal
fisheries into perpetuity.
In the last few decades, west coast sea lion populations
have increased ten-fold. This growing population has expanded
its search for food and found it in the Columbia and
Willamette Rivers, river systems they had never before
accessed. A recent NOAA Fisheries study estimates that
pinnipeds consumed between 10-45 percent of some stocks of
returning adult salmon in 2017. It is difficult to envision a
successful recovery plan for fish listed under the Endangered
Species Act without addressing this aggressive predation on
the very adult fish that have benefitted from current efforts
only to fall short in surviving a return to their spawning
grounds.
H.R. 2083 and S. 1702, introduced in the first session of
the 115th Congress, address this concern by building on
existing authorities that allow some lethal take of sea lions
near Bonneville Dam by appropriate tribal and state entities.
Fisheries biologists estimate predation would greatly
decrease by incorporating all management activity in the
areas of high predation between the mouth of the river up to
the dam.
These bills are widely supported in the Northwest. In
addition to this joint support from CRITFC and PPC, regional
governors from both parties, along with other industries who
rely on healthy salmon and steelhead runs, have come together
to back these bills. We are hopeful the proposals will
receive broad bipartisan support in the House of
Representatives and Senate.
This situation continues to expand supporters of this
legislation among diverse interests in the public, private
and nonprofit sectors. Our joint support represents that
healthy salmon and steelhead runs are critical to the future
of the Columbia River treaty tribes and utilities. This bill
would give fisheries managers greater tools to appropriately
reduce predation of these endangered fish. Again, we support
H.R. 2083 and S. 1702 and urge their expeditious passage
through Congress.
Sincerely,
Scott Corwin,
Executive Director, Public Power Council.
Jaime A. Pinkham,
Executive Director, Columbia River Inter-Tribal Fish
Commission.
____
June 25, 2018.
Hon. Speaker Ryan,
Hon. Leader Pelosi,
Hon. Chairman Bishop,
Hon. Ranking Member Grijalva.
As directors of the co-managing agencies charged with
conserving fish and wildlife in Oregon, Washington, and
Idaho, we are writing to express our support for H.R. 2083,
the Endangered Salmon and Fisheries Predation Prevention Act,
with amendments proposed by our three agencies and the
Columbia River treaty tribes. Passage of this legislation is
critical to ensuring we can manage the ever-increasing issue
of predation on sturgeon, lamprey, and Endangered Species Act
(ESA)-listed salmon and steelhead in the Columbia Basin.
Our agencies are acutely aware of the many issues facing
salmon, steelhead, and sturgeon in the basin. We continue to
advocate for actions to the hydro-system, hatcheries,
harvest, and habitat to support the recovery of this region's
iconic fish runs. However, if we avoid taking the hard step
of managing sea lions in the basin, recovery will be all the
more difficult for some stocks, while others will be placed
on a rapid pathway to extinction. We have already seen this
happen at Ballard Locks in Washington. Sea lions are not a
scapegoat, but managing predation is now an essential part of
recovering fish runs in the Columbia.
As amended, H.R. 2083 ensures that we retain the strong
environmental protections of the Marine Mammal Protection Act
(MMPA) and the National Environmental Protection Act (NEPA),
while allowing managers the flexibility to manage sea lions
in the Columbia basin. The changes proposed in the bill will
allow the MMPA and the ESA to work together to benefit both
fish and sea lions.
H.R. 2083 provides managers flexibility to proactively
remove sea lions that are foraging on ESA-listed salmon,
steelhead, and sturgeon over 100+ miles from the ocean. These
are locations where sea lions did not historically forage.
Over a decade of scientific research has shown that 1) the
diet of sea lions at these locations is almost exclusively
salmon, steelhead, and sturgeon and 2) once sea lions locate
these areas, they return year after year. It only makes sense
to recognize the body of science that has accumulated on this
issue and adjust our management accordingly to prevent sea
lions habituating to these areas.
Sea lion predation is not just an issue at the dams.
Increasingly we are observing sea lions forage in many of the
undammed tributaries to the lower Columbia River. Many of
these tributaries contain our healthiest salmon and steelhead
populations and have large tracts of pristine habitat. These
runs are critical to recovering the larger salmon and
steelhead Evolutionary significant units (ESU). Without
passage of H.R. 2083 we can do nothing to prevent sea lions
gaining a toehold in these areas which, as we have seen at
Willamette Falls and Ballard Locks, places the fish on a
pathway to extirpation before action can be taken.
H.R. 2083 will have no impact on sea lion populations.
National Oceanic Atmospheric Administration (NOAA) recently
published a paper demonstrating that California sea lions are
at carrying capacity. Their population in the United States
is projected to fluctuate between 250,000-300,000 individuals
in the foreseeable future. Additionally, NOAA is required
under the MMPA to calculate the Potential Biological Removal
(PBR) level, or the number of animals that could be removed
from the population without affecting its viability. For
California sea lions, that number is currently 9,200. As a
margin of safety, the proposed legislation caps the removals
at no more than 10% of this number, for a total annual
removal not to exceed 920. This is an extremely conservative
number when put in context of the overall population.
Moreover, in the Columbia River, there are only around 300
sea lions exhibiting the problem behavior, and they are all
males. Thus, removal of these few animals will have no impact
on the population.
H.R. 2083 ensures the process currently used to oversee
permitting and program implementation stays intact. Before
new permitting there will be a NEPA review, a public comment
period, and a taskforce process. After a permit is issued,
the federally appointed taskforce is required to evaluate the
program annually and make recommendations to NMFS to improve
its effectiveness.
H.R. 2083 does not expand the limit on the number of
animals that may be lethally removed. Current law provides no
limit to the number that the National Marine Fisheries
Service may authorize states to remove. H.R. 2083 strengthens
this by placing a basin-wide cap on removal numbers that is
linked to best available science. This means that if sea lion
populations ever decline, the number of animals States and
Treaty Tribes can remove will also decline.
Our agencies are committed to ensuring our iconic salmon,
steelhead, and sturgeon are conserved for current and future
generations and that we have healthy and thriving pinniped
populations. We would be deeply grateful for your
acknowledgement that the issue of pinniped predation in the
Columbia River must be addressed legislatively. We cannot
thank you enough for your support on this issue.
Sincerely,
Joe Stohr,
Acting Director, Washington Department of Fish and
Wildlife.
Curtis E. Melcher,
Director, Oregon Department of Fish and Wildlife.
Virgil Moore,
Director, Idaho Fish and Game.
Jaime A. Pinkham,
Executive Director, Columbia River Inter-Tribal Fish
Commission.
Ms. HERRERA BEUTLER. Mr. Chairman, I want to speak to one piece. I
keep hearing that this isn't a silver bullet. No one is claiming that
this is a silver bullet. This is a step in the right direction to
protect endangered salmon runs that are critical for commercial,
recreational, and Tribal resource use. This is really iconic to the
Pacific Northwest, and it is part of our heritage. It is something that
we would like to pass on to our kids and our grandkids. Passing this
bill today allows us to do that.
Ratepayers are so committed to this. In the States of Washington and
Oregon, ratepayers who fund the Bonneville Power Administration and the
dam--the hydro system--spend hundreds of millions of dollars a year. If
you get it all together, it almost cracks $1 billion annually that is
spent in mitigation efforts to protect the species that are impacted.
As ratepayers, we spend a lot of money to protect and support these
runs because it is so specific and unique to our way of life. This is a
critical thing for us. It is one of those things where you literally
can stand on the shore of the Columbia River and you can watch sea
lions toss salmon, and you watch them play with salmon. You can come
across carcasses of salmon on the river with a single bite mark taken
out.
I walked across and found a sturgeon longer than my arm with a single
bite mark taken out of her stomach. Basically they took the eggs--they
took the caviar--and then let it go.
We look at that and we think we, as ratepayers, because we spend
hundreds of millions of dollars to protect these runs and bring them
back into fuller health, to watch these animals not even eat a full
meal but just play with them, it makes you sick, Mr. Chairman.
So if you are someone who believes in protecting species and having a
balanced ecosystem--this isn't about picking one species over the
other. This is literally us trying to restore some balance here. It is
one of those things where you would have to fight hard to find a reason
not to support this.
[[Page H5703]]
When very liberal Governors and very conservative Republican
Governors come in and ask us to pass this legislation, it should cause
you to stop and pause. This is one of those things that this body
should be about, and today is a good chance to take a step forward in
protecting these wild runs.
Mr. GRIJALVA. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I want to indicate that the proponents of the
legislation on both sides of the aisle, I understand, are representing
not only constituent interests, but what they see is a good piece of
legislation.
Let me just end by saying that similar legislation has been proposed
in previous Congresses, but this bill would allow more killing of seals
and sea lions than all of those before it. When this version of the
bill was introduced in 2015, it proposed an annual taking of 92
California sea lions. Under this legislation, H.R. 2083, this would
increase by tenfold and would include the killing of Stellar sea lions
and harbor seals. I am disappointed that the legislation before us
today has gone in that direction.
Mr. Chairman, I urge a ``no'' vote, and I yield back the balance of
my time.
Mr. LAMBORN. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, we have heard a lot of debate. This has been a good
debate. I have been struck by the fact that every single speaker from
the Northwest, on both sides of the aisle, has spoken in favor of this
piece of legislation.
{time} 1515
I find that very remarkable. Rarely do we have that kind of
consensus, and yet we have that here with H.R. 2083.
Just to conclude, I would say that this is a commonsense piece of
legislation. Unfortunately, the Federal Government sometimes has
conflicting mandates. We have a law, on the one hand, that protects sea
lions, but we have the endangered status of various salmon. These two
are in conflict, unfortunately.
So let's take the side of the endangered species. We can do so on a
limited and scientific basis, with the way that this bill has been
crafted through a lot of compromise. In fact, before it even takes
effect, there will be an environmental impact statement, which is a
very lengthy process with lots of public comment, lots of judicial
scrutiny, and so on.
So I find this to be a very commonsense piece of legislation with a
lot of compromise built in, a lot of consensus. It makes so much sense
that I hope that there would be no opposition or almost no opposition
when this comes up for a vote. Let's all adopt H.R. 2083, a great piece
of legislation for our environment.
Mr. Chairman, I yield back the balance of my time.
Mr. BLUMENAUER. Mr. Chair, today, I voted in support of H.R. 2083,
the Endangered Salmon and Fisheries Predation Prevention Act. This was
a difficult decision.
I voted for this bill because I strongly support the recovery of wild
native fish populations in the Columbia River and its tributaries.
There is an immediate, serious risk to native steelhead, among other
fish, that this bill seeks to reduce.
I, however, do not view this bill as a wise long-term strategy for
salmon and steelhead recovery in the Columbia River Basin. While the
detrimental impacts of sea lions need to be addressed, human-caused
factors are the primary driver in the declining salmon and steelhead
populations. Instead of focusing on sea lions--another protected
species with an important role in our ecosystem--let's actually
confront the damage that we ourselves have caused. Pitting one
treasured species against another does nothing to address the damage
and obstacles that humans have forced upon this vital Pacific Northwest
ecosystem.
This will not be easy. The impediments are many--the impacts from
dams, habitat degradation, unprecedented climate disruption, and more.
Regional partners have been working for years to address these issues,
and thankfully our native fish are strikingly resilient. But we must do
much, much more. Let's have a real conversation about the actual causes
of salmon and steelhead decline and what we can do to meaningfully
contribute to their recovery.
While this bill may reduce some short-term stressors, it is not a
solution. Salmon and steelhead--iconic species in the Pacific
Northwest--will only recover if we come together to face the facts and
tackle the real issues that are our legacy--and our responsibility.
The Acting CHAIR (Mr. Barton). All time for general debate has
expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
It shall be in order to consider as an original bill for the purpose
of amendment under the 5-minute rule an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 115-79. That
amendment in the nature of a substitute shall be considered as read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 2083
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembed,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon and
Fisheries Predation Prevention Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) prevention of predation by pinnipeds, 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 a vital priority; and
(2) the Federal Government should continue to fund lethal
and nonlethal removal of pinnipeds as well as deterrence
measures for preventing such predation.
SEC. 3. TAKING OF PINNIPEDS 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 pinnipeds 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 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 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 not more than 5 years and may be
renewed by the Secretary.
``(3) Limitations on annual takings.--The process for
determining limitations on annual take of pinnipeds will
follow the process established in subsection (c) and the
cumulative number of pinnipeds 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 pinnipeds.
``(4) Qualified individuals.--Intentional lethal takings
under this subsection shall be humane and shall 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 and
Fisheries 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 pinniped
predation, the Secretary shall suspend the issuance of
permits under this subsection.
``(6) Eligible entity defined.--
``(A) In general.--
``(i) Definition.--In this subsection, subject to
subparagraph (B), 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 of the
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;
and
``(ii) Delegation authority.--The Secretary may allow an
eligible entity described in clause (i)(II) 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
and in consultation with the Indian Tribes in subparagraph
(A)(i)(II)--
[[Page H5704]]
``(I) the State of Washington may enter into a memorandum
of understanding with the Cowlitz Indian Tribe for deterrence
and removal of sea lions on the Cowlitz River.
``(II) the State of Oregon may enter into a memorandum of
understanding with the Confederated Tribes of the Grand Ronde
Community of Oregon and the Confederated Tribes of Siletz
Indians of Oregon for deterrence and removal of sea lions on
the Willamette River.
``(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 section,
any pinniped located upstream of Columbia River 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 pinniped 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 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 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)).
The Acting CHAIR. No amendment to that amendment in the nature of a
substitute shall be in order except those printed in part B of House
Report 115-783. Each such amendment may be offered only in the order
printed in the report, by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified in the
report equally divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject to a demand
for division of the question.
Amendment No. 1 Offered by Mr. Kilmer
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in part B of House Report 115-783.
Mr. KILMER. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike ``pinnipeds'' in each place it appears and insert
``sea lions''.
Strike ``pinniped'' in each place it appears and insert
``sea lion''.
The Acting CHAIR. Pursuant to House Resolution 961, the gentleman
from Washington (Mr. Kilmer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington.
Mr. KILMER. Mr. Chair, I rise today in support of my amendment to
H.R. 2083.
This simple amendment would narrow the scope of this bill to clarify
our intent that the lethal take authority should be limited to sea
lions, rather than all pinnipeds.
This small but important distinction will help to ensure this
authority targets only those animals that pose an imminent threat to
our native ESA-listed salmon and steelhead stocks.
It will also help to align our bill with the Senate version that was
recently introduced by Senators Cantwell and Risch, hopefully ensuring
that this bill gets across the finish line as quickly as possible.
That is absolutely critical, because some of our most vulnerable
stocks face an imminent risk of extinction due to nonnative sea lion
predation. So we must act now if we are going to save these runs.
Mr. Chair, I reserve the balance of my time.
Mr. LAMBORN. Mr. Chairman, we have no objection to this amendment.
The Acting CHAIR. Without objection, the gentleman from Colorado is
recognized for 5 minutes.
There was no objection.
Mr. LAMBORN. Mr. Chair, I yield back the balance of my time.
Mr. KILMER. Mr. Chair, I have no further speakers on this amendment.
Mr. Chair, I thank the majority for their support of this amendment
and for moving this important legislation forward, and I urge my
colleagues to adopt it.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Washington (Mr. Kilmer).
The amendment was agreed to.
The Acting CHAIR. The Chair understands that amendment No. 2 will not
be offered.
Amendment No. 3 Offered by Mr. Vargas
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part B of House Report 115-783.
Mr. VARGAS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following:
SEC. _. REPORT AND EFFECTIVE DATE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Interior shall
study and report to the Congress on the potential effects of
the lethal taking of pinnipeds on the recovery of salmonid
stocks in the waters of the Columbia River and the
tributaries of the Columbia River.
(b) Effective Date.--Section 3 shall take effect on the
date that the Secretary submits to the Congress the report
required under subsection (a).
The Acting CHAIR. Pursuant to House Resolution 961, the gentleman
from California (Mr. Vargas) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Modification to Amendment No. 3 Offered by Mr. Vargas
Mr. VARGAS. Mr. Chairman, I ask unanimous consent that my amendment
be modified with the form I have placed at the desk.
The Acting CHAIR. The Clerk will report the modification.
The Clerk read as follows:
Add at the end the following:
SEC. _. REPORT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Interior shall study and
report to the Congress on the potential effects of the lethal
taking of pinnipeds on the recovery of salmonid stocks in the
waters of the Columbia River and the tributaries of the
Columbia River.
The Acting CHAIR. Is there objection to the request of the gentleman
from California?
There was no objection.
The Acting CHAIR. The amendment is modified.
The gentleman from California is recognized for 5 minutes.
Mr. VARGAS. Mr. Chairman, salmon recovery is economically and
culturally important to the country.
Recovery efforts must be rooted in science to address the most
prevalent threats: fish passage at dams, pesticides, fishing pressures,
interactions with hatchery fish, and habitat loss.
Currently, there is very little scientific evidence that sea lion
predation has played a significant role in the overall decline of these
salmon stocks.
My amendment would rectify this lack of scientific evidence by
requiring the Secretary of the Interior study and report to Congress on
the effects of lethal takings of sea lions on the recovery of salmon
stocks in the Columbia River system.
If we are going to expand the lethal takings of sea lions, we should
make sure it will help the salmon recover.
Mr. Chair, I urge adoption of my amendment, and I reserve the balance
of my time.
Mr. LAMBORN. Mr. Chairman, we have no objection to this amendment, as
modified.
The Acting CHAIR. Without objection, the gentleman from Colorado is
recognized for 5 minutes.
There was no objection.
Mr. LAMBORN. Mr. Chair, I yield back the balance of my time.
Mr. VARGAS. Mr. Chairman, I urge adoption of this amendment, and I
yield back the balance of my time.
The Acting CHAIR. The question is on the amendment, as modified,
offered by the gentleman from California (Mr. Vargas).
The amendment, as modified, was agreed to.
The Acting CHAIR. The question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The Acting CHAIR. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Emmer) having assumed the chair, Mr.
[[Page H5705]]
Barton, Acting Chair of the Committee of the Whole House on the state
of the Union, reported that that Committee, having had under
consideration the bill (H.R. 2083) to amend the Marine Mammal
Protection Act of 1972 to reduce predation on endangered Columbia River
salmon and other nonlisted species, and for other purposes, and,
pursuant to House Resolution 961, he reported the bill back to the
House with an amendment adopted in the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole?
If not, the question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. LAMBORN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on passage of the bill will be followed by 5-minute votes
on:
The motion to suspend the rules and pass H.R. 5841; and,
Agreeing to the Speaker's approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas 288,
nays 116, not voting 23, as follows:
[Roll No. 294]
YEAS--288
Abraham
Aderholt
Aguilar
Allen
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Barton
Beatty
Bera
Bergman
Beyer
Biggs
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Blackburn
Blum
Blumenauer
Bonamici
Bost
Brady (TX)
Brat
Brooks (AL)
Brooks (IN)
Brown (MD)
Brownley (CA)
Buck
Bucshon
Budd
Burgess
Bustos
Byrne
Calvert
Carter (TX)
Castro (TX)
Chabot
Cheney
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Cuellar
Culberson
Curbelo (FL)
Davis (CA)
Davis, Rodney
DeFazio
DelBene
Denham
DeSantis
DesJarlais
Diaz-Balart
Dingell
Duffy
Duncan (SC)
Duncan (TN)
Dunn
Emmer
Eshoo
Estes (KS)
Esty (CT)
Faso
Ferguson
Fleischmann
Flores
Fortenberry
Foxx
Frelinghuysen
Gaetz
Gallagher
Garamendi
Garrett
Gianforte
Gibbs
Gohmert
Gonzalez (TX)
Goodlatte
Gosar
Gottheimer
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green, Gene
Griffith
Grothman
Guthrie
Hanabusa
Handel
Harper
Harris
Hartzler
Heck
Hensarling
Herrera Beutler
Hice, Jody B.
Higgins (LA)
Hill
Himes
Holding
Hollingsworth
Hudson
Huffman
Huizenga
Hultgren
Hunter
Hurd
Issa
Jayapal
Jenkins (KS)
Jenkins (WV)
Johnson (LA)
Johnson (OH)
Johnson, E. B.
Jones
Jordan
Joyce (OH)
Katko
Kelly (MS)
Kelly (PA)
Kildee
Kilmer
Kind
King (IA)
King (NY)
Kinzinger
Knight
Kuster (NH)
Kustoff (TN)
Labrador
LaHood
LaMalfa
Lamb
Lamborn
Lance
Larsen (WA)
Larson (CT)
Latta
Lesko
Levin
Lewis (MN)
Lipinski
LoBiondo
Loebsack
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lujan Grisham, M.
Lujan, Ben Ray
MacArthur
Marchant
Marino
Marshall
Massie
Mast
Matsui
McCarthy
McCaul
McClintock
McCollum
McHenry
McKinley
McMorris Rodgers
Meadows
Meng
Messer
Mitchell
Moolenaar
Mooney (WV)
Moulton
Mullin
Murphy (FL)
Newhouse
Noem
Nolan
Norman
Nunes
O'Halleran
O'Rourke
Olson
Palazzo
Palmer
Paulsen
Pearce
Perlmutter
Perry
Peters
Peterson
Pittenger
Poe (TX)
Poliquin
Posey
Ratcliffe
Reed
Reichert
Renacci
Rice (NY)
Rice (SC)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney, Francis
Rooney, Thomas J.
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce (CA)
Ruiz
Ruppersberger
Russell
Rutherford
Sanchez
Scalise
Schrader
Schweikert
Scott, Austin
Scott, David
Sensenbrenner
Sessions
Sherman
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Smucker
Stefanik
Stewart
Stivers
Suozzi
Taylor
Tenney
Thompson (CA)
Thompson (PA)
Thornberry
Tipton
Trott
Turner
Upton
Valadao
Veasey
Vela
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams
Wilson (FL)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Zeldin
NAYS--116
Adams
Amash
Barragan
Bass
Blunt Rochester
Boyle, Brendan F.
Brady (PA)
Buchanan
Butterfield
Capuano
Carbajal
Cardenas
Carson (IN)
Cartwright
Castor (FL)
Chu, Judy
Cicilline
Clark (MA)
Clay
Cleaver
Clyburn
Cohen
Connolly
Correa
Crist
Cummings
Davidson
Davis, Danny
Delaney
DeLauro
Demings
DeSaulnier
Deutch
Doggett
Doyle, Michael F.
Espaillat
Evans
Fitzpatrick
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Gomez
Green, Al
Grijalva
Hastings
Higgins (NY)
Hoyer
Jackson Lee
Jeffries
Johnson (GA)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kihuen
Krishnamoorthi
Langevin
Lawrence
Lawson (FL)
Lee
Lewis (GA)
Lieu, Ted
Lofgren
Lowenthal
Lowey
Lynch
Maloney, Sean
McEachin
McGovern
McNerney
Nadler
Napolitano
Neal
Norcross
Pallone
Panetta
Pascrell
Payne
Pelosi
Pingree
Pocan
Price (NC)
Quigley
Raskin
Richmond
Rosen
Roybal-Allard
Ryan (OH)
Sanford
Sarbanes
Schakowsky
Schiff
Schneider
Scott (VA)
Serrano
Sires
Soto
Speier
Swalwell (CA)
Takano
Titus
Tonko
Torres
Tsongas
Vargas
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Yarmuth
NOT VOTING--23
Black
Carter (GA)
Clarke (NY)
Comer
Crowley
Curtis
DeGette
Donovan
Ellison
Engel
Gowdy
Gutierrez
Johnson, Sam
Maloney, Carolyn B.
McSally
Meeks
Moore
Polis
Rush
Sewell (AL)
Shea-Porter
Thompson (MS)
Wilson (SC)
{time} 1552
Messrs. DANNY K. DAVIS of Illinois, NORCROSS, CUMMINGS, AL GREEN of
Texas, COHEN, Ms. JACKSON LEE, and Mr. DELANEY changed their vote from
``yea'' to ``nay.''
Ms. SANCHEZ, Messrs. LARSON of Connecticut, VELA, BEYER, and BERA
changed their vote from ``nay'' to ``yea.''
So the bill was passed.
The result of the vote was announced as above recorded.
The title of the bill was amended so as to read: ``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.''.
A motion to reconsider was laid on the table.
____________________