[Congressional Record Volume 164, Number 195 (Tuesday, December 11, 2018)]
[House]
[Pages H10085-H10086]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               ENDANGERED SALMON PREDATION PREVENTION ACT

  Mr. LAMBORN. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the 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, and ask 
for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Higgins of Louisiana). Is there 
objection to the request of the gentleman from Colorado?
  There was no objection.
  The text of the bill is as follows:

                                S. 3119

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

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

     SEC. 2. SENSE OF CONGRESS.

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

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

       Section 120(f) of the Marine Mammal Protection Act of 1972 
     (16 U.S.C. 1389(f)) is amended to read as follows:
       ``(f) Temporary Marine Mammal Removal Authority on the 
     Waters of the Columbia River or Its Tributaries.--
       ``(1) Removal authority.--Notwithstanding any other 
     provision of this Act, the Secretary may issue a permit to an 
     eligible entity to authorize the intentional lethal taking on 
     the waters of the Columbia River and its tributaries of 
     individually identifiable sea lions that are part of a 
     population or stock that is not categorized under this Act as 
     depleted or strategic for the purpose of protecting--
       ``(A) species of salmon, steelhead, or eulachon that are 
     listed as endangered species or threatened species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
       ``(B) species of lamprey or sturgeon that are not so listed 
     as endangered or threatened but are listed as a species of 
     concern.
       ``(2) Permit process.--
       ``(A) In general.--An eligible entity may apply to the 
     Secretary for a permit under this subsection.
       ``(B) Timelines and procedures of application.--The 
     timelines and procedures described in subsection (c) shall 
     apply to applications for permits under this subsection in 
     the same manner such timelines apply to applications under 
     subsection (b).
       ``(C) Coordination.--The Secretary shall establish 
     procedures to coordinate issuance of permits under this 
     subsection, including application procedures and timelines, 
     delegation and revocation of permits to and between eligible 
     entities, monitoring, periodic review, and geographic, 
     seasonal take, and species-specific considerations.
       ``(D) Duration of permit.--A permit under this subsection 
     shall be effective for a period of not more than 5 years, and 
     may be renewed by the Secretary.
       ``(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).
       ``(ii) Membership.--A committee established under this 
     subparagraph shall consist of the State of Oregon and each of 
     the following:

[[Page H10086]]

       ``(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.

       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.
  The bill was ordered to be read a third time, was read the third 
time, and passed, and a motion to reconsider was laid on the table.

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