Congressional Record, Volume 164 Issue 193 (Thursday, December 6, 2018)

[Congressional Record Volume 164, Number 193 (Thursday, December 6, 2018)]
[Senate]
[Pages S7368-S7370]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ENDANGERED SALMON PREDATION PREVENTION ACT

Mr. CORNYN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 702, S. 3119.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:

A bill (S. 3119) to allow for the taking of sea lions on
the Columbia River and its tributaries to protect endangered
and threatened species of salmon and other nonlisted fish
species.

There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Endangered Salmon Predation
Prevention Act''.

SEC. 2. SENSE OF CONGRESS.

It is the sense of the Congress that--
(1) preventing predation by sea lions, recovery of listed
salmonid stocks, and preventing future listings of fish
stocks in the Columbia River under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) is a vital priority; and
(2) the Federal Government should continue to fund lethal
and nonlethal removal, and deterrence, measures for
preventing such predation.

SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS
TRIBUTARIES TO PROTECT ENDANGERED AND
THREATENED SPECIES OF SALMON AND OTHER
NONLISTED FISH SPECIES.

[[Page S7369]]

``(A) be humane within the meaning of such term under
section 3(4);
``(B) require that capture, husbandry, transportation, and
euthanasia protocols are based on standards propagated by an
Institutional Animal Care and Use Committee and that primary
euthanasia be limited to humane chemical methods; and
``(C) be implemented by agencies or qualified individuals
described in subsection (c)(4), or by individuals employed by
the eligible entities described in paragraph (6).
``(5) Suspension of permitting authority.--If, 5 years
after the date of the enactment of the Endangered Salmon
Predation Prevention Act, the Secretary, after consulting
with State and tribal fishery managers, determines that
lethal removal authority is no longer necessary to protect
salmonid and other fish species from sea lion predation, the
Secretary shall suspend the issuance of permits under this
subsection.
``(6) Eligible entity defined.--
``(A) Definition.--In this subsection, the term `eligible
entity' means--
``(i) with respect to removal in the mainstem of the
Columbia River and its tributaries, the State of Washington,
the State of Oregon, and the State of Idaho;
``(ii) with respect to removal in the mainstem Columbia
River and its tributaries, the Nez Perce Tribe, the
Confederated Tribes of the Umatilla Indian Reservation, the
Confederated Tribes of the Warm Springs Reservation of
Oregon, and the Confederated Tribes and Bands of the Yakama
Nation; and
``(iii) with respect to removal in the mainstem Columbia
River and its tributaries, the Columbia River Intertribal
Fish Commission.
``(B) Delegation authority.--The Secretary may allow an
eligible entity described in clause (i) to delegate its
authority under a permit under this subsection to any entity
described in subclause (ii) or (iii).
``(7) Individual exception.--For purposes of this
subsection, any sea lion located upstream of river mile 112,
or in any tributary to the Columbia River that includes
spawning habitat of threatened or endangered salmon or
steelhead is deemed to be individually identifiable.
``(8) Significant negative impact exception.--For purposes
of this subsection, any sea lion located in the mainstem of
the Columbia River upstream of river mile 112, or in any
tributary to the Columbia River that includes spawning
habitat of threatened or endangered salmon or steelhead is
deemed to be having a significant negative impact, within the
meaning of subsection (b)(1).
``(9) Definition.--In this subsection, the term `Indian
tribe' has the meaning given such term in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).''.

SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.

Nothing in this Act or the amendments made by this Act
shall be construed to affect or modify any treaty or other
right of an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)).

SEC. 5. REPORT.

Not later than 3 years after the date of the enactment of
this Act, the Secretary of Commerce shall study and report to
Congress on the effects of deterrence and the lethal taking
of sea lions on the recovery of endangered and threatened
salmon and steelhead stocks in the waters of the Columbia
River and the tributaries of the Columbia River subject to
section 120(f) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1389(f)), as amended by this Act.

Mr. CORNYN. I ask unanimous consent that the committee-reported
substitute amendment be withdrawn, that the Risch substitute amendment
at the desk be considered and agreed to, that the bill, as amended, be
considered read a third time and passed, and that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
withdrawn.
The amendment (No. 4069) in the nature of a substitute was agreed to,
as follows:

(Purpose: In the nature of a substitute)

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Endangered Salmon Predation
Prevention Act''.

SEC. 2. SENSE OF CONGRESS.

SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS
TRIBUTARIES TO PROTECT ENDANGERED AND
THREATENED SPECIES OF SALMON AND OTHER
NONLISTED FISH SPECIES.

Section 120(f) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1389(f)) is amended to read as follows:
``(f) Temporary Marine Mammal Removal Authority on the
Waters of the Columbia River or Its Tributaries.--
``(1) Removal authority.--Notwithstanding any other
provision of this Act, the Secretary may issue a permit to an
eligible entity to authorize the intentional lethal taking on
the waters of the Columbia River and its tributaries of
individually identifiable sea lions that are part of a
population or stock that is not categorized under this Act as
depleted or strategic for the purpose of protecting--
``(A) species of salmon, steelhead, or eulachon that are
listed as endangered species or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
``(B) species of lamprey or sturgeon that are not so listed
as endangered or threatened but are listed as a species of
concern.
``(2) Permit process.--
``(A) In general.--An eligible entity may apply to the
Secretary for a permit under this subsection.
``(B) Timelines and procedures of application.--The
timelines and procedures described in subsection (c) shall
apply to applications for permits under this subsection in
the same manner such timelines apply to applications under
subsection (b).
``(C) Coordination.--The Secretary shall establish
procedures to coordinate issuance of permits under this
subsection, including application procedures and timelines,
delegation and revocation of permits to and between eligible
entities, monitoring, periodic review, and geographic,
seasonal take, and species-specific considerations.
``(D) Duration of permit.--A permit under this subsection
shall be effective for a period of not more than 5 years, and
may be renewed by the Secretary.
``(3) Limitations on annual takings.--The Secretary shall
apply the process for determining limitations on annual take
of sea lions under subsection (c) to determinations on
limitations under this subsection, and the cumulative number
of sea lions authorized to be taken each year under all
permits in effect under this subsection shall not exceed 10
percent of the annual potential biological removal level for
sea lions.
``(4) Qualified individuals.--Intentional lethal takings
under this subsection shall--
``(A) be humane within the meaning of such term under
section 3(4);
``(B) require that capture, husbandry, transportation, and
euthanasia protocols are based on standards propagated by an
Institutional Animal Care and Use Committee and that primary
euthanasia be limited to humane chemical methods; and
``(C) be implemented by agencies or qualified individuals
described in subsection (c)(4), or by individuals employed by
the eligible entities described in paragraph (6).
``(5) Suspension of permitting authority.--If, 5 years
after the date of the enactment of the Endangered Salmon
Predation Prevention Act, the Secretary, after consulting
with State and tribal fishery managers, determines that
lethal removal authority is no longer necessary to protect
salmonid and other fish species from sea lion predation, the
Secretary shall suspend the issuance of permits under this
subsection.
``(6) Eligible entity defined.--
``(A) Definition.--In this subsection, the term `eligible
entity' means--
``(i) with respect to removal in the mainstem of the
Columbia River, from river mile 112 to the McNary Dam and its
tributaries in the State of Washington, and its tributaries
in the State of Oregon above Bonneville Dam, the State of
Washington, the State of Oregon, and the State of Idaho;
``(ii) with respect to removal in the mainstem Columbia
River from river mile 112 to the McNary Dam and its
tributaries within the State of Washington and in any of its
tributaries above Bonneville Dam within the State of Oregon,
the Nez Perce Tribe, the Confederated Tribes of the Umatilla
Indian Reservation, the Confederated Tribes of the Warm
Springs Reservation of Oregon, and the Confederated Tribes
and Bands of the Yakama Nation; and
``(iii) with respect to removal in the Willamette River and
other tributaries of the Columbia River within the State of
Oregon below Bonneville Dam, a committee recognized by the
Secretary under subparagraph (D).
``(B) Delegation authority.--The Secretary may allow
eligible entities described in clause (i) or (ii) of
subparagraph (A) to delegate their authority under a permit
under this subsection to the Columbia River Intertribal Fish
Commission for removal in the mainstem of the Columbia River
above river mile 112 and below McNary Dam, in the Columbia
River tributaries in the State of Washington, or in
tributaries within the State of Oregon above Bonneville Dam
and below McNary Dam.
``(C) Additional delegation authority.--The Secretary may
allow an eligible entity described in subparagraph (A)(i) to
delegate its authority under a permit under this subsection
to any entity described in subclause (i) or (ii) of
subparagraph (A) with respect to removal in the mainstem of
the Columbia River above river mile 112 and below McNary Dam,
in the Columbia River tributaries in the State of Washington,
or in tributaries in the State of Oregon above Bonneville Dam
and below McNary Dam.
``(D) Committee requirements.--
``(i) In general.--The Secretary shall recognize a
committee established in accordance with this subparagraph as
being eligible for a permit under this subsection, for
purposes of subparagraph (A)(iii).

[[Page S7370]]

``(ii) Membership.--A committee established under this
subparagraph shall consist of the State of Oregon and each of
the following:

``(I) The Confederated Tribes of Siletz Indians or the
Confederated Tribes of the Grand Ronde Community, or both.
``(II) The Confederated Tribes of the Warm Springs or the
Confederated Tribes of the Umatilla Reservation, or both.

``(iii) Majority agreement required.--A committee
established under this subparagraph may take action with
respect to a permit application and removal under this
subsection only with majority agreement by the committee
members.
``(iv) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to a committee
established under this subparagraph.
``(7) Individual exception.--For purposes of this
subsection, any sea lion located upstream of river mile 112
and downstream of McNary Dam, or in any tributary to the
Columbia River that includes spawning habitat of threatened
or endangered salmon or steelhead is deemed to be
individually identifiable.
``(8) Significant negative impact exception.--For purposes
of this subsection, any sea lion located in the mainstem of
the Columbia River upstream of river mile 112 and downstream
of McNary Dam, or in any tributary to the Columbia River that
includes spawning habitat of threatened or endangered salmon
or steelhead is deemed to be having a significant negative
impact, within the meaning of subsection (b)(1).
``(9) Definition.--In this subsection, the term `Indian
tribe' has the meaning given such term in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).''.

SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.

Nothing in this Act or the amendments made by this Act
shall be construed to enlarge, confirm, adjudicate, affect,
or modify any treaty or other right of an Indian tribe (as
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).

SEC. 5. REPORT.

The bill (S. 3119), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.

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