    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-329
    115th Congress

    An Act

    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. <>

    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.

    [[Page 4476]]

    ``(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

    [[Page 4477]]

    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:
    ``(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

    [[Page 4478]]

    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.

    Approved December 18, 2018.

    LEGISLATIVE HISTORY--S. 3119 (H.R. 2083):
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    HOUSE REPORTS: No. 115-289 (Comm. on Natural Resources) accompanying
    H.R. 2083.
    SENATE REPORTS: No. 115-400 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Dec. 6, considered and passed Senate.
    Dec. 11, considered and passed House.