39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–330 

ENDANGERED SALMON AND FISHERIES PREDATION 

PREVENTION ACT 

JANUARY 23 (legislative day, JANUARY 21), 2014.—Committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 1308] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1308) 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 without amendment and 

recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 1308 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

The Marine Mammal Protection Act (MMPA) has resulted in 

California sea lions and certain populations of Steller sea lions 

being restored to historic levels. Steller sea lions are protected 

under the MMPA, and the Western population of these sea lions 

is also listed under the Endangered Species Act (ESA). Another 

population of Steller sea lions, the Eastern population, was delisted 

under the ESA by the National Marine Fisheries Service (NMFS) 

in September 2013. 


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The current MMPA allows for the lethal removal of marine mammals in narrow instances. Section 120, which was added by the 

1994 amendments to the MMPA, allows States to apply to the Secretary of Commerce for an authorization to lethally take a nuisance 

pinniped, except those listed under the ESA, identified as having 

a ‘‘significant negative impact’’ on ESA listed salmon stocks. This 

section requires the Secretary of Commerce to review the impacts 

of California sea lions and Pacific harbor seals on West Coast salmon and recommend a course of action. The original report was completed and submitted to Congress. A second report with specific 

recommendations for MMPA amendments was submitted by NMFS 

in 1999. NMFS recommended that Congress amend MMPA to include site-specific management, including the use of lethal and 

non-lethal removal of California sea lions and harbor seals. However, changes have been made to Section 120 since then, and the 

result has been a huge increase in sea lions feasting on an increasing amount of ESA-listed and other fish species in the Columbia 

River and its tributaries. 

Increasing Numbers of Sea Lions in Columbia River. The Army 

Corps of Engineers has reported that the daily average of 

pinnipeds (harbor seals, Steller sea lions, and California sea lions) 

at Bonneville Dam on the Columbia River have steadily increased 

over the past several years. NMFS reported that in a typical May 

there are roughly 3,000 Pacific harbor seals, 1,000 Steller sea lions, 

and 800 California sea lions resting in haul-out sites in the Columbia River estuary. Each of these animals feed in the Columbia 

River and nearshore marine areas on a variety of prey, including 

squid, smelt, herring, flatfish, perch, pollock, hake, rockfish, sturgeon and salmon. The State of Oregon estimates that these animals consume 15 to 30 pounds of fish per day. 

Impacts on ESA-listed Salmon and Steelhead and White Sturgeon. Estimates of annual predation on spawning ESA-listed salmon range between 12,000 to 20,000 per year. The actual number is 

likely much higher, since many fish kills by sea lions are out of 

sight of observers. In addition, a growing number of Steller sea 

lions at Bonneville have increased predation of both salmon and 

non-listed white sturgeon, which are important species for State 

and tribal fisheries. An expert with the Oregon Department of Fish 

and Wildlife testified that data suggests that sea lions are consuming as much as 16 to 20 percent of endangered spring Chinook 

salmon, an alarming number. 

Ineffectiveness and Litigation on Current Section 120. Due to increasing numbers of sea lions preying on salmon, since 2006, the 

States of Oregon, Washington, and Idaho have applied to NMFS 

three separate times for lethal take authority under Section 120 of 

the MMPA. Each of these applications underwent a thorough and 

extensive National Environmental Policy Act (NEPA) review and 

approval by an 18-member Task Force, representing academic, scientific, environmental, tribal, federal and State agencies. 

The NMFS’ approval of these state applications for lethal removal have been challenged by the Humane Society of the United 

States and other groups in federal court since 2008, including temporary and permanent injunction motions, appeals for emergency 

relief, appeals of district court orders that upheld NMFS’ actions, 

new lawsuits filed in a different circuit court, and additional review 


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by the Ninth Circuit Court of Appeals. Ultimately, in September 

2013, the courts held that the NMFS actions to approve the lethal 

take applications were appropriate and warranted under the existing Section 120 authority of the MMPA. 

H.R. 1308 amends Section 120 of the MMPA to allow the Secretary of Commerce to issue permits to eligible States and tribes 

to lethally remove healthy populations of sea lions, including delisted Steller sea lions, on the Columbia River or its tributaries, including Steller sea lions which have grown in large numbers in recent years and have escalated predation of endangered salmon as 

well as non-listed, but state-regulated white sturgeon species. This 

new Secretarial authority could be suspended at the discretion of 

the Secretary, after consultation with affected States and tribes 

five years after the date of enactment if the Secretary determines 

that the lethal take of predatory sea lions is no longer necessary 

to protect salmon stocks. With the extensive, previous NEPA analyses upheld by multiple federal courts, NEPA analyses would not 

apply to this subsection or to any permits issued during the fiveyear period beginning on the date of enactment of the Act. 

The Directors of the Washington and Oregon Departments of 

Fish and Wildlife, the Columbia River Inter-Tribal Fish Commission, and the Confederated Tribes of the Yakama Indian Nation 

have testified in support of H.R. 1308. 

COMMITTEE ACTION

H.R. 1308 was introduced on March 21, 2013, by Congressman 

Doc Hastings (R–WA). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on Fisheries, Wildlife, Oceans and Insular Affairs. On June 13, 

2013, the Subcommittee held a hearing on the bill. On November 

14, 2013, the Natural Resources Committee met to consider the 

bill. The Subcommittee on Fisheries, Wildlife, Oceans and Insular 

Affairs was discharged by unanimous consent. No amendments 

were offered, and the bill was adopted and ordered favorably reported to the House of Representatives by a roll call vote of 22 to 

16, as follows: 


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Date: November 14, 2013 

Committee on Natnral Resources 

U.S. House of Representatives 

113 th Congress 

Recorded Vote #: 4 

Meeting on I Amendment on: H.R. 1308 - To adopt and favorably report the bill to the House by a vote of 22 

yeas and 16 nays. 

MEMBERS Yes No Pres MEMBERS Yes No Pres 

Mr. Hastings, WA, Chairman X Mr. Duncan of SC X 

Mr. Defazio. OR, Ranking X Mr. Cardenas. CA X 

Mr. Youug, AK Mr. Tipton, CO X 

Mr. Faleomavaega, AS Mr. Horsford, NV X 

Mr. Gohmert, TX X Mr. Gosar, AZ X 

Mr. Pal/one, NJ Mr. Huffman, CA X 

Mr. Bishop, UT X Mr. Labrador, ID X 

Mrs. Napolitano. CA X Mr. Ruiz, CA X 

Mr. Lamborn, CO X Mr. Southerland, FL X 

Mr.Holt.NJ X M,. Shea-Porter, NH X 

Mr. Wittman, VA Mr. Flores, TX X 

Mr. Grijalva, AZ X Mr. Lowenthal. CA X 

Mr. Bronn, GA X Mr. Runyan, NJ X 

Ms. Bordallo. GU X Mr. Garcia, FL 

Mr. Fleming, LA X Mr. Amodei, NV 

Mr. Costa. CA Mr. Cartwright. PA X 

Mr. McClintock, CA X Mr. Mullin, OK X 

Mr. Sablan, CNMI X Mr. Stewart, UT X 

Mr. Thompson, PA X Mr. Daines, MT X 

Ms. Tsongas. MA X Mr. Cramer, ND 

Ms. Lummis, WY X Mr. LaMalfa, CA I X I Mr. Pierluisi, PR X Mr. Smith, MO I X I 

Mr. Benishek, MI X Vacancy 

Ms. Hanabusa, HI X 

TOTALS 22 16 
5 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This Act may be cited as the ‘Endangered Salmon and Fisheries 

Predation Prevention Act.’ 

Section 2. Findings 

This section provides findings for the bill. 

Section 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 3 authorizes the Secretary of Commerce to issue annual 

permits to ‘‘eligible entities’’ to lethally remove up to 10 sea lions 

per permit, no more than 1 percent of potential biological removal 

level per year. ‘‘Eligible entities’’ are defined to include the States 

of Washington, Oregon and 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 

Intertribal Fish Commission. 

The section authorizes any eligible permitted entity to lethally 

remove sea lions, to delegate its authority to any other eligible entity, and to allow States and tribes to further coordinate these ongoing efforts. Further, the section waives the application of the 

NEPA with regard to the process or implementation of lethal permits. 

The section also allows the Secretary of Commerce to suspend 

permitting authority, after consultation with the affected States 

and tribes, if the Secretary believes lethal removal is no longer necessary to protect fish species. 

Section 4. Sense of Congress 

Section 4 includes the sense of the Congress that preventing predation by sea lions, recovery of listed salmon stocks, and preventing future listings of fish stocks in the Columbia River is a 

vital priority; permit holders exercising lethal removal authority 

should be trained in wildlife management; and the federal government should continue to fund lethal and nonlethal removal measures for preventing such predation. 

Section 5. Treaty rights of federally recognized Indian tribes 

Section 5 ensures that the bill’s provisions do not impact the 

treaty rights of any federally-recognized tribe. 

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. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a compariVerDate Mar 15 2010 03:38 Jan 24, 2014 Jkt 039006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR330.XXX HR330

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son by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 1308—Endangered Salmon and Fisheries Predation Prevention Act 

H.R. 1308 would authorize the National Oceanic and Atmospheric Administration (NOAA) to issue permits to allow states and 

tribal entities in the Northwest United States to kill California sea 

lions under certain circumstances. Each permit would allow up to 

10 sea lions a year to be removed from healthy populations that 

threaten species of salmon and other fish that are listed as endangered or threatened under the Endangered Species Act. 

Under current law, NOAA has the authority to issue permits to 

kill certain marine mammals that threaten other species. Based on 

information provided by the agency, CBO estimates that providing 

NOAA with the authority to issue such permits for California sea 

lions would have a negligible impact on the federal budget. Enacting H.R. 1308 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

H.R. 1308 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. CBO estimates that the bill would have a negligible impact on the federal budget. 

3. 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. 


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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, 

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) * * * 

* * * * * * * 

ø(f) CALIFORNIA SEA LIONS AND PACIFIC HARBOR SEALS; INVESTIGATION AND REPORT.— 

ø(1) The Secretary shall engage in a scientific investigation 

to determine whether California sea lions and Pacific harbor 

seals— 

ø(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 

ø(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. 

ø(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 


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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. 

ø(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. 

ø(4) There are authorized to be appropriated to the Secretary 

such sums as are necessary to carry out the provisions of this 

subsection. 

ø(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 healthy population that is not 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 subsection 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. 


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(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 

* * * * * * * 


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DISSENTING VIEWS 

H.R. 1308, 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 and 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 nonlisted fish, which would include non-native species that pose a 

greater threat to salmon than do sea lions. Under H.R. 1308, as 

many as 85 sea lions could be killed in a year. The authority to kill 

sea lions would no longer be limited to the ‘‘bottleneck’’ area immediately below the Bonneville Dam as it is under the existing NOAA 

lethal take authorization. H.R. 1308 also waives application of Section 102(2)(c) of the National Environmental Policy Act (NEPA) to 

the permit process, eliminating the requirement that the Secretary 

consider the environmental impacts associated with the permit, 

and alternatives to the permitted action. 

H.R. 1308 targets the threat that any fish face from predation by 

marine mammals, specifically sea lions, but does not address other 

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, all of which appear to be worsening over time. In 

contrast, the percentage of salmon runs taken by California sea 

lions has declined from 4.2 percent in 2007 to 1.2 percent in 2012. 

Sea lion predation represents a small percentage of salmon mortality and the current authorization—which was recently upheld by 

the 9th Circuit Court of Appeals—is sufficient. 

H.R. 1308, if enacted, would not address the most serious 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. 

1308, as reported. 

PETER DEFAZIO, 

Ranking Member, Committee 

on Natural Resources. 

GREGORIO KILILI CAMACHO

SABLAN. 


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ADDITIONAL MATERIALS 

COLUMBIA RIVER INTER·TRIBAL FISH COMMISSION 729 NE Oregon, Suite 200, Portland, Oregon 97232 

June 12, 2013 

Honorable Doc Hastings, Chainnan 

House Natural Resource Committee 

1324 Longworth House Office Building 

Washington, DC 20515 

Telephone 503 238 0667 

Fax 503 235 4228 

Re: The Endangered Salmon and Fisheries Predation Prevention Act (H.R 1308) 

Dear Chainnan Hastings: 

The Columbia River Inter-Tribal Fish Commission (CRITFC) was fonned in 1977 by 

resolutions from the four Columbia River treaty tribes: Confederated Tribes of the 

Umatilla Indian Reservation, Confederated Tribes of the Wann Springs Reservation of 

Oregon, Confederated Tribes and Bands of the Yakama Nation, and Nez Perce Tribe. 

CRITFC's mission is to ensure a unified voice in the overall management of the fishery 

resource and to assist in protecting reserved treaty rights through the exercise of the 

inherent sovereign powers of the tribes. CRITFC provides coordination and technical 

assistance to the tribes in regional, national and international efforts to ensure that current 

and outstanding treaty fishing rights issues are resolved in a way that guarantees the 

continuation and restoration of our tribal fisheries into perpetuity. 

California sea lion problems exist in many waters along the Pacific coast but perhaps 

nowhere more problematically than in the Columbia River. We support The Endangered 

Salmon and Fisheries Predation Prevention Act and encourage swift passage into law. 

This legislation will help us employ new alternatives to help us deal with select animals 

responsible for the greatest impact to endangered salmon and other species at risk. This 

legislation can ease the depredation occurring on our treaty protected resources as well as 

help curb predation on ESA listed species over the next five critical years. We should not 

be forced to stand back as sea lion predation leads to other species, such as sturgeon and 

lamprey, becoming listed under ESA. 

The tribes, along with the states and NOAA, estimate 18,000 to 25,000 adult salmonids 

are lost to sea lions annually between Bonneville Dam and the mouth of the river. Salmon 

are concentrated at the Bonneville Dam fish ladder entrances making them particularly 

vulnerable to sea lion predation. In addition, impacts by sea lions are disproportionally 

distributed on the early portion of the run. During March and April there are many days 

when the take by sea lions exceeds the fish count in the ladders. The annual sea lion take 

is higher than our tribes' combined spring ceremonial and subsistence harvest. In spite of 
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Chairman Doc Hastings 

June 12,2013 Page 2 

containment efforts a few sea lions have passed above the Bonneville Dam lock and 

established themselves year-around. The Columbia River Inter-Tribal Fisheries 

Enforcement headquarters has a detailed inventory of reports from tribal members 

chronicling sea lion damage to fishing gear and lost salmon. Attached for your 

information are three pages of documented reports in the Bonneville pool since March. 

Sampling data from 2001-2012 shows that an average of 29% of the spring salmon 

passing though Bonneville's fish ladder have suffered some form of injury caused by 

marine mammals. Those salmon that escape with harsh wounds are less likely to survive 

their upstream journey and may not to successfully spawn. Tribal and non-tribal 

fishermen who harvest these injured fish cannot fully utilize them for their subsistence, 

sport and commercial value. 

There are provisions for de-listing species under the ESA; something we all aspire to 

achieve with salmon. The same consideration should be given to marine mammals who 

have achieved their optimum sustainable populations as provided under the MMPA. We 

agree with the legislative language calling for the Secretary of Commerce to issue 

Congress a report on the issue of marine manunal predation on ESA listed species. 

MMP A is overdue for reauthorization and we urge Congress and the Administration to 

take this matter up and reconcile the disparity over one species being caught in the 

middle when two environmental protection laws clash. 

The U.S. made many promises beginning in 1855 with our treaties and subsequently 

when the dams were constructed. The treaty rights are meant to preserve our physical, 

cultural and economic livelihood. The U.S. committed to protecting these rights. We 

were further promised that any harm done to our fisheries attributed to the dams would be 

mitigated. Bonneville Dam created an artificial situation the sea lions have learned to 

exploit. It is not our interest to select one species over another. Rather, we do accept the 

responsibility to strive for balance in a radically altered system. To that end we 

particularly endorse the inclusion of tribal management in H.R. 1308, the lack thereof 

being a weakness in the original Marine Mammal Protection Act that persists today. 

We need effective management tools to deal with the growing sea lion depredation timely 

solutions to protect our ceremonial, subsistence and commercial harvests for salmon, 

lamprey and sturgeon. Therefore we support H.R. 1308 and encourage its timely passage 

into law. 

N. 

~.~~4- Kathryn Brigham 

Chairwoman 

Attachments 
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COLUMBIA RIVER INTER-TRIBAL FISH COMMISSION 729 NE Oregon, Suite 200, Portland, Oregon 97232 

Upstream of Bonneville Dam 

Telephone 5032380667 

Fax 503 235 4228 

We believe that 4 Califomia sea lions are in the Bonneville pool. One animal has been 

upstream of Bonneville Dam for 3 years. Sightings of these animals range from The 

Dalles Dam tailrace to the Bonneville Dam forebay. 

Table 1. Reports of sea lions in the Bonneville Pool in 2013. 

Date Observer # sea lions location notes 

31112013 Phillip I CSL Washington Eating a large 

Watlamet& Point near Nav sturgeon 

Michael Marker 60 

McConville 

3/1312013 Tribal member 2CSL Islands below 

The Dalles Dam 

3/27113 Tribal member CSL West of 

Thunder Island 

4/4/2013 Tribal member CSL 1-84MM57 on Est 400-500 lbs 

Oregon side 

4/4/2013 Tribal member CSL Oregon side Haul out site 

across from forCSL 

Cooks In-Lieu 

site. 

4/612013 Phillip CSL Washington 

Watlamet point across 

from the 

Discovery 

Center to Lyle 

Landing 

4/612013 Phillip CSL Scaffolds near 

Watlamet the Dalles Dam 

4/8/2013 Officer Daniel Sea lion West end of Minor net 

Mayer State damage 

Park 

419/2013 Tribal member Sea lion West end of 

Mayer State 

Park 

4/10113 Gary Morris Large sea lion \i mile east of Eating fish 

(Lyle, WA) the Discovery from a gillnet. 

Center, near the 

small island. 
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4/10113 William Zack Large black sea Near the Sea lion was 

YN12354 lion Stevenson messing with 

Cemetery gillnets. 

Observed that 

the animals 

hauls out on the 

middle island 

near the 

Stevenson 

Cemetery. 

4/10113 Albert Kalama 4 sea lions Near Stevenson 3 animals 400-

WS2172 Landing and 500lbs and I 

Stevenson smaller 1501b 

Cemetery. animal. 

Observed 

eating salmon 

and sturgeon. 

One had blood 

in its teeth. 

4/6113 YIN tribal Net damage I-84MM56 

member from sea lions 

4/15/13 Francis Tulee Observed a sea Port of 

lion swimming Stevenson 

411113 Francis Tulee Observed a sea Port of 

lion swimming Stevenson 

4/18113 CTUIR Sea lion Stevenson 

employee Cemetery 0730 

to 0800 hr 

4/17/13 Tribal Fisher Sea lion Sternwheeler Seen at 1845hrs 

dock in 

Stevenson 

4115113 Tribal Fisher Sea lion Port of Animal was 

Stevenson about 10 feet 

long 

4/19/13 Officer Journey Sea lion Hamilton Island 

4/30/13 Tribal Fisher Net damage Oregon side 2 large holes in 

MM56 net 

4/30/13 Preston Sea lion Stevenson In the area the 

Bronson sternwheeler past 2 mornings 

dock 

5/2113 YN tribal Sea lion below The 

member Dalles Dam. It 

is feeding in the 

area near the 

bucket, on the 

South west side 

2 
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of the dam. He 

stated that it 

was very large 

and dark in 

color. He could 

not see any 

markings or 

brands on it. 

5/4/13 Tribal Fisher 4 sea lions 3 Juvenile animal 

adults and 1 was eating a 

juvenile. salmon and the 

largest 

individual was 

eating a 5 ft 

sturgeon 

5/8/13 Preston 1 or 2 animals Receiving 

Bronson generally seen reports of sea 

around 0730 lion sightings 

and 0800. near Ash Lake. 

5/8/13 Preston I animal in the Receiving 

Bronson area. reports of sea 

lion sightings 

near the old 

locks at 

Cascade Locks 

5/18113 Officer Journey I sea lion Lone Pine 

The states deployed a portable trap at The Dalles Marine in April. They moved the trap 

once and replaced barricades on two docks two or three times during their weekly visits. 

Reports continue to indicate that a sea lion is still using the docks at the marina. The 

field camera stationed on the trap shows the animal has not used the trap yet. They 

plan to deploy a large trap near the Stevenson Cemetery this week. 

3 
16 


rfrederick on DSK5VPTVN1PROD with HEARINGInsert graphic folio 19 HR330.007

600 Capital Way North 

Olympia, Washington 98501 

June 12,2013 

The Honorable Doc Hastings 

Chair, Committee on Natural Resources 

U.S. House of Representatives 

1324 Longwol1h House Office Building 

Washington, D.C. 20515 

Dear Representative Hastings: 

3406 Cherry Avenue NE 

Salem, Oregon 97303 

The Washington Department ofFish and Wildlife (WDFW) and Oregon Department ofFish and 

Wildlife (ODFW), the state agencies that jointly manage the lower Columbia River to protect 

and enhance fish and wildlife resources, support the amendment to the Marine Mammal 

Protection Act as provided in the Endangered Salmon and Fisheries Predation Protection Act, 

H.R.1308. 

We are encouraged that the provisions ofH.R. J 308 will enable our respective agencies and our 

co-managers to more effectively manage the unusual and increasing behavior by members of 

healthy and growing sea lion populations that travel as far as 145 miles inland to feed 011 

endangered salmon and other fishery resources. 

Extensive actions have been taken and billions of dollars are being spent to improve the survival 

of Columbia River salmon populations. The recovery plans for the endangered salmon include 

reductions in all sources of mortality, including harvest, dam operations, hatchery refonn, habitat 

restoration, and predatioll . No other source of salmoll mortality would be allowed to rise from 

low levels just ten years ago to such high levels today. lfthe states, tribes, and federal 

goveruments are unable to effectively manage the sea 1i0ll predatioll, it is likely to contillue to 

increase and offset improvements and expellditures from other recovery actions in the basin. 

We appreciate the work the Natura! Resource Committee has put illtO H.R. 1308. We are 

encouraged and hopeful that it will be passed by COllgreSS and enable a more effective and 
17 


rfrederick on DSK5VPTVN1PROD with HEARINGInsert graphic folio 20 HR330.008

The Honorable Doc Hastings 

June 12,2013 

Page 2 

efficient legal mechanism for the state, federal, and tribal govemments of tlle N0I1hwest to 

address this challenge in recovering and protecting Columbia River fishery resources. 

Sincerely, 

Philip Anderson 

Director 

Washington Department ofFish and Wildlife 

o 

Curtis E. Melcher 

Deputy Director 

Oregon Depal1rnent of Fish and Wildlife