[House Report 114-830]
[From the U.S. Government Publishing Office]






114th Congress    }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {       114-830

======================================================================



 
        ENDANGERED SALMON AND FISHERIES PREDATION PREVENTION ACT

                                _______
                                

 November 17, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 564]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 564) 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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) There are 13 groups of salmon and steelhead that are 
        listed as threatened species or endangered species under the 
        Endangered Species Act of 1973 that migrate through the lower 
        Columbia River.
          (2) The people of the Northwest United States are united in 
        their desire to restore healthy salmon and steelhead runs, as 
        they are integral to the region's culture and economy.
          (3) The Columbia River treaty tribes retain important rights 
        with respect to salmon and steelhead.
          (4) Federal, State, and tribal governments have spent 
        billions of dollars to assist the recovery of Columbia River 
        salmon and steelhead populations.
          (5) One of the factors impacting salmonid populations is 
        increased predation by marine mammals, including California sea 
        lions.
          (6) The population of California sea lions has increased 6-
        fold over the last 3 decades, and is currently greater than 
        250,000 animals.
          (7) In recent years, more than 1,000 California sea lions 
        have been foraging in the lower 145 miles of the Columbia River 
        up to Bonneville Dam during the peak spring salmonid run before 
        returning to the California coast to mate.
          (8) The percentage of the spring salmonid run that has been 
        eaten or killed by California sea lions at Bonneville Dam has 
        increased 7-fold since 2002.
          (9) In recent years, California sea lions have with greater 
        frequency congregated near Bonneville Dam and have entered the 
        fish ladders.
          (10) These California sea lions have not been responsive to 
        extensive hazing methods employed near Bonneville Dam to 
        discourage this behavior.
          (11) The process established under the 1994 amendment to the 
        Marine Mammal Protection Act of 1972 to address aggressive sea 
        lion behavior is protracted and will not work in a timely 
        enough manner to protect threatened and endangered salmonids in 
        the near term.
          (12) In the interest of protecting Columbia River threatened 
        and endangered salmonids, a temporary expedited procedure is 
        urgently needed to allow removal of the minimum number of 
        California sea lions as is necessary to protect the passage of 
        threatened and endangered salmonids in the Columbia River and 
        its tributaries.
          (13) On December 21, 2010, the independent Pinniped-Fishery 
        Interaction Task Force recommended lethally removing more of 
        the California sea lions in 2011.
          (14) On August 18, 2011, the States of Washington, Oregon, 
        and Idaho applied to the National Marine Fisheries Service, 
        under section 120(b)(1)(A) of the Marine Mammal Protection Act 
        of 1972 (16 U.S.C. 1389(b)(1)(A)), for the lethal removal of 
        sea lions that the States determined are having a ``significant 
        negative impact'' on the recovery of Columbia River and Snake 
        River salmon and steelhead.
          (15) On September 12, 2011, the National Marine Fisheries 
        Service announced it was accepting the States' application for 
        lethal removal of sea lions and that it would reconvene the 
        Pinniped-Fishery Interaction Task Force to consider the States' 
        application. This Act will ensure the necessary authority for 
        permits under the Marine Mammal Protection Act of 1972 to be 
        issued in a timely fashion.
          (16) During a June 14, 2011, hearing, the Committee on 
        Natural Resources of the House of Representatives received 
        testimony from State and tribal witnesses expressing concern 
        that significant pinniped predation of important Northwest fish 
        resources other than salmonids is severely impacting fish 
        stocks determined by both Federal and State fishery management 
        agencies to be at low levels of abundance, and that this cannot 
        be addressed by section 120 of the Marine Mammal Protection Act 
        of 1972 (16 U.S.C. 1389), which as in effect before the 
        enactment of this Act restricted control of predatory 
        pinnipeds' impact only with respect to endangered salmonids.

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 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1389) is amended by striking subsection (f) and inserting the 
following:
  ``(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 authorizing the intentional lethal taking on the waters 
        of the Columbia River and its tributaries of sea lions that are 
        part of a population that is not categorized as depleted under 
        this Act or listed as an endangered species or threatened 
        species under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.), to protect endangered and threatened species of 
        salmon and other nonlisted fish species.
          ``(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 
                Secretary shall approve or deny an application for a 
                permit under this subsection by not later than 30 days 
                after receiving the application.
                  ``(C) Duration of permit.--A permit under this 
                subsection shall be effective for no more than one year 
                after the date it is issued, but may be renewed by the 
                Secretary.
          ``(3) Limitations.--
                  ``(A) Limitation on permit authority.--Subject to 
                subparagraph (B), a permit issued under this subsection 
                shall not authorize the lethal taking of more than 10 
                sea lions during the duration of the permit.
                  ``(B) Limitation on annual takings.--The cumulative 
                number of sea lions authorized to be taken each year 
                under all permits in effect under this section shall 
                not exceed one percent of the annual potential 
                biological removal level.
          ``(4) Delegation of permit authority.--Any eligible entity 
        may delegate to any other eligible entity the authority to 
        administer its permit authority under this subsection.
          ``(5) NEPA.--Section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with 
        respect to this subsection and the issuance of any permit under 
        this subsection during the 5-year period beginning on the date 
        of the enactment of this subsection.
          ``(6) Suspension of permitting authority.--If, 5 years after 
        enactment, 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, may suspend the issuance 
        of permits under this subsection.
          ``(7) Eligible entity defined.--In this subsection, the term 
        `eligible entity' means each of the State of Washington, the 
        State of Oregon, the State of Idaho, 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 Inter-Tribal Fish Commission.
          ``(8) Training in wildlife management.--Permit holders 
        exercising lethal removal authority pursuant to this Act shall 
        be trained in wildlife management.''.

SEC. 4. 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 is a vital priority; and
          (2) the Federal Government should continue to fund lethal and 
        nonlethal removal measures for preventing such predation.

SEC. 5. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.

  Nothing in this Act or the amendment made by this Act shall be 
construed to affect or modify any treaty or other right of any 
federally recognized Indian tribe.

                          Purpose of the Bill

    The purpose of H.R. 564 is to amend the Marine Mammal 
Protection Act of 1972 to reduce predation on endangered 
Columbia River salmon and other nonlisted species.

                  Background and Need For Legislation

    To assist in the recovery of Endangered Species Act\1\ 
(ESA)-listed salmon in the Columbia River watershed and to 
protect tribal ceremonial, subsistence and commercial 
fisheries, H.R. 564, as amended, authorizes the U.S. Secretary 
of Commerce to issue expedited permits authorizing states and 
tribes to lethally take California sea lions and non-ESA listed 
Steller sea lions (hereinafter referred to as ``sea lions'') 
under certain conditions.
---------------------------------------------------------------------------
    \1\Endangered Species Act of 1973, 16 U.S.C. 1531 et seq.
---------------------------------------------------------------------------
    According to the National Oceanic and Atmospheric 
Administration (NOAA), the Lower Columbia River in the Pacific 
Northwest is home to multiple species of salmon listed under 
the ESA. This list includes the Lower Columbia River chinook, 
steelhead, coho and chum salmon. A 2013 ESA recovery plan for 
these species released by NOAA cited marine mammal predation, 
specifically by sea lions, as a factor in the initial species 
listings and a hurdle to their recovery.
    State and tribal officials agree with this assessment. Mr. 
Guy Norman, former regional director of the Washington 
Department of Fish and Wildlife, testified during a June 13, 
2013, Committee on Natural Resources hearing that, ``The U.S. 
Army Corps of Engineers estimates that over 42,000 salmon and 
steelhead have been consumed by sea lions within one quarter 
mile of the (Bonneville) dam in the past twelve years.'' 
Testimony from the Columbia River Inter-Tribal Fish Commission 
(CRITFC) affirmed that slightly over 30% of spring salmon 
passing through Bonneville Dam's fish ladder have suffered some 
form of injury caused by marine mammals. At a 2015 event in 
Oregon in support of the legislation, former CRITFC Chairman 
Carlos Smith stated, ``We know from experience that unchecked 
sea lion predation can wipe out an entire run of fish as they 
did to Lake Washington winter steelhead. We simply can't allow 
that to happen in the Columbia Basin. This problem can be 
addressed, but we need the right tools.''
    According to NOAA, the Marine Mammal Protection Act\2\ 
(MMPA), prohibits, with certain exceptions, the lethal take of 
any marine mammal in United States waters and by United States 
citizens on the high seas. NOAA, the agency that implements and 
enforces MMPA, defines a ``marine mammal'' as any species of 
dolphin, porpoises, whales, seals, and sea lions. During the 
2013 hearing, Mr. Norman discussed how MMPA increased sea lion 
populations and impacts on fish:
---------------------------------------------------------------------------
    \2\Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 et seq.

          The effects of certain natural predators of salmon in 
        the [Lower Columbia River] basin has increased 
        dramatically from historic levels . . . due to 
        increased numbers of predators due to various 
        protection measures, including the Marine Mammal 
        Protection Act . . . The U.S. California sea lion 
        population has rebounded since the MMPA was enacted and 
        is now estimated at nearly 310,000 animals . . . Male 
        California sea lions have learned a new behavior, with 
        many of the animals swimming 145 miles up the Columbia 
        River in the winter and spring to prey on threatened 
---------------------------------------------------------------------------
        adult salmon. . . .

    Currently, section 120 of MMPA allows States to apply to 
the Secretary of Commerce for intentional lethal taking of 
specific ``individually identifiable'' predator seals and sea 
lions that are having a significant negative impact on ESA-
listed salmon stocks. NOAA authorized the States of Oregon, 
Washington and Idaho to permanently remove some sea lions in 
2008. While 73 sea lions have been removed under this 
authority, some--including Oregon, Washington, Idaho and the 
Columbia River tribes--believe that the current federal 
application process needs an update to be more effective.
    The history of repetitive litigation challenges by certain 
groups surrounding issuance of these permits and the permit 
requirement are some reasons cited for H.R. 564's introduction. 
As Mr. Norman further indicated in his testimony, ``[T]he 
conditions associated with the current requirements of section 
120 of the Marine Mammal Protection Act are challenging and 
expensive to implement, limited in scope, and legal challenges 
have slowed the progress in reducing impacts to salmon.'' In 
addition, tribal requests to be eligible entities under section 
120 of the MMPA are further reasons for the bill.
    H.R. 564, as amended, clarifies the authority and 
streamlines the process afforded to the Secretary of Commerce 
under section 120 of the MMPA to allow for lethal take of sea 
lion populations that are decimating ESA-listed salmon, 
steelhead and other non-listed species in the Lower Columbia 
River. The legislation includes a National Environmental Policy 
Act\3\ (NEPA) exemption. However, a CRITFC witness testified in 
a 2011 hearing on a nearly identical bill that, ``the [NEPA] 
exemption is necessary to give the fishery managers the ability 
to respond swiftly to avoid extraordinary delay that puts the 
species, our investments, and our livelihood at risk.''
---------------------------------------------------------------------------
    \3\National Environmental Policy Act of 1969, 42 U.S.C. 4321 et 
seq.
---------------------------------------------------------------------------
    CRITFC, the Coastal Conservation Association of Oregon, the 
Washington State Department of Fish and Wildlife, the Oregon 
State Department of Fish and Wildlife, the Idaho Department of 
Fish and Game, and the Northwest River Partners, a coalition of 
farmers, electric utility customers, ports and other 
businesses, are among the bill's supporters.

                      Section-by-Section Analysis


Section 1. Short title

    This section states the short title of the bill as the 
``Endangered Salmon and Fisheries Predation Prevention Act.''

Section 2. Findings

    This section lists a series of findings related to 
protected species predation in the Lower Columbia River.

Section 3. Taking of sea lions on the Columbia River and its 
        tributaries to protect endangered and threatened species of 
        salmon and other non-listed fish species

    This section amends section 120 of the MMPA (16 U.S.C. 
1389) to authorize the Secretary of Commerce to issue permits 
to eligible entities authorizing the intentional lethal take of 
sea lions on the waters of the Columbia River and its 
tributaries as long as the sea lions are part of a non-listed 
ESA population. This section defines ``eligible entities'' as 
the States of Washington, Oregon, and Idaho, as well as the 
four Columbia River tribes, and the Columbia River Inter-Tribal 
Fish Commission. Required permit holders exercising lethal 
removal authority must be trained in wildlife management.
    Each permit issued is active for one year from the date of 
issuance and authorizes the take of up to ten sea lions. 
Permits may be renewed for an additional year at the discretion 
of the Secretary. This section, as amended, ensures that any 
sea lions taken under this specialized, temporary permit 
authority count toward the overall number of sea lions allowed 
to be taken under all MMPA section 120 permits.
    This section also states that NEPA does not apply with 
respect to the issuance of any permit under the authority of 
the bill during the five year period beginning on the date of 
the enactment. Permitting authority created by the Act can 
expire five years after enactment if the Secretary determines 
that lethal removal authority is no longer necessary.

Section 4. Sense of Congress

    This section states that it is the sense of the Congress 
that preventing predation by sea lions on ESA-listed species of 
fish is a priority and that federal funding for lethal and 
nonlethal means of predator removal should continue.

Section 5. Treaty rights of federally recognized Indian tribes

    This section states that the Act will not affect or modify 
treaty rights of any federally recognized tribe.

                            Committee Action

    H.R. 564 was introduced on January 27, 2015, by 
Congresswoman Jaime Herrera Beutler (R-WA). The bill was 
referred to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Power and Oceans. On 
July 23, 2015, the Subcommittee on Water, Power and Oceans held 
a hearing on the bill. On September 21, 2016, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. Congressman Dan Newhouse 
(R-WA) offered an amendment designated #1; it was adopted by 
voice vote. Congressman Jared Huffman (D-CA) offered an 
amendment designated 047; it was not adopted by a roll call 
vote of 12 ayes to 18 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Alan S. Lowenthal (D-CA) offered an amendment 
designated 001; it was not adopted by a roll call vote of 13 
ayes to 18 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    No additional amendments were offered and the bill, as 
amended, was ordered favorably reported to the House of 
Representatives by a roll call vote of 17 ayes to 13 nays on 
September 22, 2016, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation and the Congressional Budget Act of 
1974. With respect to the requirements of clause 3(c)(2) and 
(3) of rule XIII of the Rules of the House of Representatives 
and sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the enclosed cost estimate for 
the bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 14, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 564, the 
Endangered Salmon and Fisheries Predation Prevention Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CEO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 564--Endangered Salmon and Fisheries Predation Prevention Act

    H.R. 564 would amend the Marine Mammal Protection Act of 
1972 to authorize the National Oceanic and Atmospheric 
Administration (NOAA) to issue permits that would allow states 
and tribal entities in the Northwest United States to kill sea 
lions in the Columbia River and its tributaries under certain 
circumstances. Each permit would allow up to 10 sea lions a 
year to be removed from populations that threaten species of 
salmon and other fish listed as endangered or threatened under 
the Endangered Species Act. Under the bill, individuals granted 
permits to kill sea lions would need to be trained in wildlife 
management.
    Under current law, NOAA has the authority to issue permits 
to kill certain marine mammals that threaten other species. 
Based on information from the agency, CBO estimates that giving 
NOAA the authority to issue such permits would have a 
negligible effect on the federal budget. Enacting H.R. 564 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    CBO estimates that enacting that legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2027.
    H.R. 546 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
The bill would authorize the states of Washington, Oregon, and 
Idaho, along with several tribal governments, to use lethal 
force against sea lion predation of important Northwest fish 
resources.
    The CBO staff contact for this estimate is Robert Reese 
(for federal costs) and Jon Sperl (for intergovernmental 
mandates). The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Marine Mammal Protection 
Act of 1972 to reduce predation on endangered Columbia River 
salmon and other nonlisted species.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

MARINE MAMMAL PROTECTION ACT OF 1972

           *       *       *       *       *       *       *


TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS

           *       *       *       *       *       *       *


SEC. 120. PACIFIC COAST TASK FORCE; GULF OF MAINE.

  (a) Pinniped Removal Authority.--Notwithstanding any other 
provision of this title, the Secretary may permit the 
intentional lethal taking of pinnipeds in accordance with this 
section.
  (b) Application.--(1) A State may apply to the Secretary to 
authorize the intentional lethal taking of individually 
identifiable pinnipeds which are having a significant negative 
impact on the decline or recovery of salmonid fishery stocks 
which--
          (A) have been listed as threatened species or 
        endangered species under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.);
          (B) the Secretary finds are approaching threatened 
        species or endangered species status (as those terms 
        are defined in that Act); or
          te through the Ballard Locks at Seattle, Washington.
  (2) Any such application shall include a means of identifying 
the individual pinniped or pinnipeds, and shall include a 
detailed description of the problem interaction and expected 
benefits of the taking.
  (c) Actions in Response to Application.--(1) Within 15 days 
of receiving an application, the Secretary shall determine 
whether the application has produced sufficient evidence to 
warrant establishing a Pinniped-Fishery Interaction Task Force 
to address the situation described in the application. If the 
Secretary determines sufficient evidence has been provided, the 
Secretary shall establish a Pinniped-Fishery Interaction Task 
Force and publish a notice in the Federal Register requesting 
public comment on the application.
  (2) A Pinniped-Fishery Interaction Task Force established 
under paragraph (1) shall consist of designated employees of 
the Department of Commerce, scientists who are knowledgeable 
about the pinniped interaction that the application addresses, 
representatives of affected conservation and fishing community 
organizations, Indian Treaty tribes, the States, and such other 
organizations as the Secretary deems appropriate.
  (3) Within 60 days after establishment, and after reviewing 
public comments in response to the Federal Register notice 
under paragraph (1), the Pinniped-Fishery Interaction Task 
Force shall--
          (A) recommend to the Secretary whether to approve or 
        deny the proposed intentional lethal taking of the 
        pinniped or pinnipeds, including along with the 
        recommendation a description of the specific pinniped 
        individual or individuals, the proposed location, time, 
        and method of such taking, criteria for evaluating the 
        success of the action, and the duration of the 
        intentional lethal taking authority; and
          (B) suggest nonlethal alternatives, if available and 
        practicable, including a recommended course of action.
  (4) Within 30 days after receipt of recommendations from the 
Pinniped-Fishery Interaction Task Force, the Secretary shall 
either approve or deny the application. If such application is 
approved, the Secretary shall immediately take steps to 
implement the intentional lethal taking, which shall be 
performed by Federal or State agencies, or qualified 
individuals under contract to such agencies.
  (5) After implementation of an approved application, the 
Pinniped-Fishery Interaction Task Force shall evaluate the 
effectiveness of the permitted intentional lethal taking or 
alternative actions implemented. If implementation was 
ineffective in eliminating the problem interaction, the Task 
Force shall recommend additional actions. If the implementation 
was effective, the Task Force shall so advise the Secretary, 
and the Secretary shall disband the Task Force.
  (d) Considerations.--In considering whether an application 
should be approved or denied, the Pinniped-Fishery Interaction 
Task Force and the Secretary shall consider--
          (1) population trends, feeding habits, the location 
        of the pinniped interaction, how and when the 
        interaction occurs, and how many individual pinnipeds 
        are involved;
          (2) past efforts to nonlethally deter such pinnipeds, 
        and whether the applicant has demonstrated that no 
        feasible and prudent alternatives exist and that the 
        applicant has taken all reasonable nonlethal steps 
        without success;
          (3) the extent to which such pinnipeds are causing 
        undue injury or impact to, or imbalance with, other 
        species in the ecosystem, including fish populations; 
        and
          (4) the extent to which such pinnipeds are exhibiting 
        behavior that presents an ongoing threat to public 
        safety.
  (e) Limitation.--The Secretary shall not approve the 
intentional lethal taking of any pinniped from a species or 
stock that is--
          (1) listed as a threatened species or endangered 
        species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.);
          (2) depleted under this Act; or
          (3) a strategic stock.
  [(f) California Sea Lions and Pacific Harbor Seals; 
Investigation and Report.--
          [(1) The Secretary shall engage in a scientific 
        investigation to determine whether California sea lions 
        and Pacific harbor seals--
                  [(A) are having a significant negative impact 
                on the recovery of salmonid fishery stocks 
                which have been listed as endangered species or 
                threatened species under the Endangered Species 
                Act of 1973 (16 U.S.C. 1531 et seq.), or which 
                the Secretary finds are approaching such 
                endangered species or threatened species 
                status; or
                  [(B) are having broader impacts on the 
                coastal ecosystems of Washington, Oregon, and 
                California.
        The Secretary shall conclude this investigation and 
        prepare a report on its results no later than October 
        1, 1995.
          [(2) Upon completion of the scientific investigation 
        required under paragraph (1), the Secretary shall enter 
        into discussions with the Pacific States Marine 
        Fisheries Commission, on behalf of the States of 
        Washington, Oregon, and California, for the purpose of 
        addressing any issues or problems identified as a 
        result of the scientific investigation, and to develop 
        recommendations to address such issues or problems. Any 
        recommendations resulting from such discussions shall 
        be submitted, along with the report, to the Committee 
        on Merchant Marine and Fisheries of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate.
          [(3) The Secretary shall make the report and the 
        recommendations submitted under paragraph (2) available 
        to the public for review and comment for a period of 90 
        days.
          [(4) There are authorized to be appropriated to the 
        Secretary such sums as are necessary to carry out the 
        provisions of this subsection.
          [(5) The amounts appropriated under section 308(c) of 
        the Interjurisdictional Fisheries Act of 1986 (16 
        U.S.C. 4107(c)) and allocated to the Pacific States 
        Marine Fisheries Commission may be used by the 
        Commission to participate in discussions with the 
        Secretary under paragraph (2).]
  (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 authorizing the intentional 
        lethal taking on the waters of the Columbia River and 
        its tributaries of sea lions that are part of a 
        population that is not categorized as depleted under 
        this Act or listed as an endangered species or 
        threatened species under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.), to protect endangered 
        and threatened species of salmon and other nonlisted 
        fish species.
          (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 Secretary shall approve or 
                deny an application for a permit under this 
                subsection by not later than 30 days after 
                receiving the application.
                  (C) Duration of permit.--A permit under this 
                subsection shall be effective for no more than 
                one year after the date it is issued, but may 
                be renewed by the Secretary.
          (3) Limitations.--
                  (A) Limitation on permit authority.--Subject 
                to subparagraph (B), a permit issued under this 
                subsection shall not authorize the lethal 
                taking of more than 10 sea lions during the 
                duration of the permit.
                  (B) Limitation on annual takings.--The 
                cumulative number of sea lions authorized to be 
                taken each year under all permits in effect 
                under this section shall not exceed one percent 
                of the annual potential biological removal 
                level.
          (4) Delegation of permit authority.--Any eligible 
        entity may delegate to any other eligible entity the 
        authority to administer its permit authority under this 
        subsection.
          (5) NEPA.--Section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 
        shall not apply with respect to this subsection and the 
        issuance of any permit under this subsection during the 
        5-year period beginning on the date of the enactment of 
        this subsection.
          (6) Suspension of permitting authority.--If, 5 years 
        after enactment, 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, may suspend the issuance of permits under 
        this subsection.
          (7) Eligible entity defined.--In this subsection, the 
        term ``eligible entity'' means each of the State of 
        Washington, the State of Oregon, the State of Idaho, 
        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 Inter-Tribal Fish Commission.
          (8) Training in wildlife management.--Permit holders 
        exercising lethal removal authority pursuant to this 
        Act shall be trained in wildlife management.
  (g) Regionwide Pinniped-Fishery Interaction Study.--
          (1) The Secretary may conduct a study, of not less 
        than three high predation areas in anadromous fish 
        migration corridors within the Northwest Region of the 
        National Marine Fisheries Service, on the interaction 
        between fish and pinnipeds. In conducting the study, 
        the Secretary shall consult with other State and 
        Federal agencies with expertise in pinniped-fishery 
        interaction. The study shall evaluate--
                  (A) fish behavior in the presence of 
                predators generally;
                  (B) holding times and passage rates of 
                anadromous fish stocks in areas where such fish 
                are vulnerable to predation;
                  (C) whether additional facilities exist, or 
                could be reasonably developed, that could 
                improve escapement for anadromous fish; and
                  (D) other issues the Secretary considers 
                relevant.
          (2) Subject to the availability of appropriations, 
        the Secretary may, not later than 18 months after the 
        commencement of the study under this subsection, 
        transmit a report on the results of the study to the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Merchant Marine and 
        Fisheries of the House of Representatives.
          (3) The study conducted under this subsection may not 
        be used by the Secretary as a reason for delaying or 
        deferring a determination or consideration under 
        subsection (c) or (d).
  (h) Gulf of Maine Task Force.--The Secretary shall establish 
a Pinniped-Fishery Interaction Task Force to advise the 
Secretary on issues or problems regarding pinnipeds interacting 
in a dangerous or damaging manner with aquaculture resources in 
the Gulf of Maine. No later than 2 years from the date of 
enactment of this section, the Secretary shall after notice and 
opportunity for public comment submit to the Committee on 
Merchant Marine and Fisheries of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate a report containing recommended available 
alternatives to mitigate such interactions.
  (i) Requirements Applicable to Task Forces.--(1) Any task 
force established under this section--
          (A) shall to the maximum extent practicable, consist 
        of an equitable balance among representatives of 
        resource user interests and nonuser interests; and
          (B) shall not be subject to the Federal Advisory 
        Committee Act (5 App. U.S.C.).
  (2) Meetings of any task force established under this section 
shall be open to the public, and prior notice of those meetings 
shall be given to the public by the task force in a timely 
fashion.
  (j) Gulf of Maine Harbor Porpoise.--(1) Nothing in section 
117 shall prevent the Secretary from publishing a stock 
assessment for Gulf of Maine harbor porpoise in an expedited 
fashion.
  (2) In developing and implementing a take reduction plan 
under section 118 for Gulf of Maine harbor porpoise, the 
Secretary shall consider all actions already taken to reduce 
incidental mortality and serious injury of such stock, and may, 
based on the recommendations of the take reduction team for 
such stock, modify the time period required for compliance with 
section 118(f)(5)(A), but in no case may such modification 
extend the date of compliance beyond April 1, 1997.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 564, the Endangered Salmon and Fisheries Predation 
Prevention Act, would amend the Marine Mammal Protection Act 
(MMPA) to authorize the Secretary of Commerce to issue annual 
permits to Washington, Oregon, Idaho, five tribal groups (Nez 
Perce, Umatilla, Warm Springs, Yakama), and the Columbia River 
Inter-Tribal Fish Commission to kill sea lions. The bill's 
stated intent is to reduce the effect of predation by sea lions 
on salmon listed under the Endangered Species Act (ESA), as 
well as any non-litsted fish, including non-native species.
    H.R. 564 targets the threat that fish face from predation 
by marine mammals, specifically sea lions, but does not address 
far more significant factors which impact endangered salmon or 
non-listed fish. Other threats to ESA-listed salmon and non-
listed fish in the Columbia River include hydropower 
development and habitat loss, fishing pressure, interactions 
with hatchery fish, climate change, pesticides, and predation 
by fish and wildlife other than sea lions. In reality, sea lion 
predation represents a very small proportion of total salmon 
mortality, and the current lethal take authorization permitted 
under the MMPA is sufficient.
    Under H.R. 564, as many as 92 sea lions could be taken in a 
year, but take would not be limited to the `bottleneck' area 
immediately below the Bonneville Dam as it is now. H.R. 564 
also waives Section 102(2)(c) of the National Environmental 
Policy Act (NEPA) which would eliminate the requirement that 
the Secrtary consider the environmental impacts associated with 
the permit and alternatives to the permitted action.
    By not limiting the bill's scope to threatened and 
endangered salmon and steelhead runs, the Majority opens up the 
possibility that sea lions could be killed for eating invasive 
species such as smallmouth, largemouth and striped bass, 
walleye, and northern pike, all of which NOAA recognizes as 
threats to Columbia River salmon. While such action might 
garner the support of recreational anglers who target those 
species, it certainly would not benefit salmon.
    Water, Power, and Oceans Subcommittee Ranking Member 
Huffman offered an amendment to place reasonable limits on the 
authority contained in the bill, and Energy and Mineral 
Resources Subcommittee Ranking Member Lowenthal offered an 
amendment requiring that, before any new lethal take permits 
may be issued, the Secretary must publish a determination that 
adequate fish passage exist at all dams in the Columbia River 
Basin. Republicans defeated both amendments.
    H.R. 564, if enacted, woudl not address the real threats 
faced by endangered salmon and non-listed species, but would 
needlessly target sea lions, which are a native and critical 
part of the Columbia River ecosystem. For these reasons, we 
oppose H.R. 564 as reported.

                                   Raul M. Grijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Grace F. Napolitano.
                                   Jared Huffman.
                                   Jared Polis.
                                   Alan Lowenthal.

                                  [all]