IB 

Union Calendar No. 208 

115TH CONGRESS 

1ST SESSION H. R. 2083 

[Report No. 115–289] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2017 

Ms. HERRERA BEUTLER (for herself and Mr. SCHRADER) introduced the 

following bill; which was referred to the Committee on Natural Resources 

SEPTEMBER 5, 2017 

Additional sponsors: Mr. NEWHOUSE, Mr. YOUNG of Alaska, and Mrs. 

MCMORRIS RODGERS

SEPTEMBER 5, 2017 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Endangered Salmon 

5 and Fisheries Predation Prevention Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) There are 13 groups of salmon and 

9 steelhead that are listed as threatened species or en10 dangered species under the Endangered Species Act 

11 of 1973 that migrate through the lower Columbia 

12 River. All lower Columbia River tributaries contain 

13 listed species including Chinook, Chum and Coho 

14 salmon as well as winter-run steelhead. 

15 (2) The people of the Northwest United States 

16 are united in their desire to restore healthy salmon 

17 and steelhead runs because they are integral to the 

18 region’s culture and economy. 

19 (3) The Columbia River treaty Tribes retain 

20 important rights with respect to salmon and 

21 steelhead. 

22 (4) Federal, State, and Tribal governments 

23 have spent billions of dollars to assist the recovery 

24 of Columbia River basin salmon and steelhead popu25 lations. 


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1 (5) One of the factors negatively impacting 

2 salmonid populations is increased predation by ma3 rine mammals, including California sea lions. 

4 (6) The population of California sea lions has 

5 increased 10-fold over the last 3 decades, and is cur6 rently approximately 300,000 animals. 

7 (7) Biologists estimate that in recent years as 

8 many as 3,000 California sea lions have been for9 aging from the lower 145 miles of the Columbia 

10 River up to Bonneville Dam during the peak spring 

11 salmonid run. 

12 (8) Historically, California sea lions, whose 

13 habitat is fundamentally salt water, did not venture 

14 very far up into the Columbia River. 

15 (9) The percentage of the spring salmonid run 

16 that has been eaten or killed by California sea lions 

17 at Bonneville Dam has increased 7-fold since 2002. 

18 (10) Federal, State and Tribal estimates indi19 cate that sea lions are consuming at least 20 percent 

20 of the Columbia River spring chinook run and 15 

21 percent of Willamette River steelhead run, two 

22 salmonid species listed under the Endangered Spe23 cies Act of 1973. 

24 (11) In recent years, California sea lions have 

25 congregated with greater frequency near Willamette 


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1 Falls and Bonneville Dam and have entered the fish 

2 ladders that salmon must use to return to their his3 toric and biological spawning grounds. 

4 (12) These California sea lions have not been 

5 responsive to extensive hazing methods employed to 

6 discourage this behavior. 

7 (13) The process established under the 1994 

8 amendment to the Marine Mammal Protection Act 

9 of 1972 to address predatory sea lion behavior nega10 tively impacting threatened or endangered salmon 

11 runs is protracted and has not worked. 

12 (14) The National Oceanic and Atmospheric 

13 Administration has observed that— 

14 (A) management efforts to reduce pinniped 

15 predation of endangered and threatened salmon 

16 and steelhead in the area around Bonneville 

17 Dam has been insufficient to reduce the sever18 ity of the threat; and 

19 (B) efforts need to focus more on the lower 

20 river and at Willamette Falls. 

21 (15) In the interest of protecting Columbia 

22 River threatened and endangered salmonids, a tem23 porary expedited procedure is urgently needed to 

24 allow removal of the minimum number of California 

25 sea lions as is necessary to protect the passage of 


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1 threatened and endangered salmonids in the Colum2 bia River and its tributaries. 

3 SEC. 3. SENSE OF CONGRESS. 

4 It is the sense of the Congress that— 

5 (1) preventing predation by sea lions, recovery 

6 of listed salmonid stocks, and preventing future list7 ings of fish stocks in the Columbia River under the 

8 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

9 seq.) is a vital priority; and 

10 (2) the Federal Government should continue to 

11 fund lethal and nonlethal removal measures for pre12 venting such predation. 

13 SEC. 4. TAKING OF SEA LIONS ON THE COLUMBIA RIVER 

14 AND ITS TRIBUTARIES TO PROTECT ENDAN15 GERED AND THREATENED SPECIES OF SALM16 ON AND OTHER NONLISTED FISH SPECIES. 

17 Section 120(f) of the Marine Mammal Protection Act 

18 of 1972 (16 U.S.C. 1389(f)) is amended to read as fol19 lows: 

20 ‘‘(f) TEMPORARY MARINE MAMMAL REMOVAL AU21 THORITY ON THE WATERS OF THE COLUMBIA RIVER OR

22 ITS TRIBUTARIES.— 

23 ‘‘(1) REMOVAL AUTHORITY.—Notwithstanding 

24 any other provision of this Act, the Secretary may 

25 issue a permit to an eligible entity to authorize the 


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1 intentional lethal taking on the waters of the Colum2 bia River and its tributaries of individually identifi3 able sea lions that are part of a population that is 

4 not categorized under this Act as depleted for the 

5 purpose of protecting species of salmon that are list6 ed as endangered species or threatened species 

7 under the Endangered Species Act of 1973 (16 

8 U.S.C. 1531 et seq.) and other nonlisted fish spe9 cies. 

10 ‘‘(2) PERMIT PROCESS.— 

11 ‘‘(A) IN GENERAL.—An eligible entity may 

12 apply to the Secretary for a permit under this 

13 subsection. 

14 ‘‘(B) DEADLINE FOR CONSIDERATION OF

15 APPLICATION.—The Secretary shall approve or 

16 deny an application for a permit under this sub17 section by not later than 30 days after receiving 

18 the application. 

19 ‘‘(C) DURATION OF PERMIT.—A permit 

20 under this subsection shall be effective for no 

21 more than one year after the date it is issued, 

22 but may be renewed by the Secretary. 

23 ‘‘(3) LIMITATIONS.— 

24 ‘‘(A) LIMITATION ON PERMIT AUTHOR25 ITY.—Subject to subparagraph (B), a permit 


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1 issued under this subsection shall not authorize 

2 the lethal taking of more than 100 sea lions 

3 during the duration of the permit. 

4 ‘‘(B) LIMITATION ON ANNUAL TAKINGS.— 

5 The cumulative number of sea lions authorized 

6 to be taken each year under all permits in ef7 fect under this subsection shall not exceed 10 

8 percent of the annual potential biological re9 moval level. 

10 ‘‘(4) TRAINING IN NATURAL RESOURCES MAN11 AGEMENT.—Permit holders exercising lethal removal 

12 authority pursuant to this Act shall be trained in 

13 natural resource management. 

14 ‘‘(5) DELEGATION OF PERMIT AUTHORITY.— 

15 Any eligible entity may delegate to any other eligible 

16 entity the authority to administer its permit author17 ity under this subsection. 

18 ‘‘(6) NEPA.—Section 102(2)(C) of the Na19 tional Environmental Policy Act of 1969 (42 U.S.C. 

20 4332(2)(C)) shall not apply with respect to this sub21 section and the issuance of any permit under this 

22 subsection during the 5-year period beginning on the 

23 date of the enactment of this subsection. 

24 ‘‘(7) SUSPENSION OF PERMITTING AUTHOR25 ITY.—If, 5 years after the date of the enactment of 


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1 this subsection, the Secretary, after consulting with 

2 State and tribal fishery managers, determines that 

3 lethal removal authority is no longer necessary to 

4 protect salmonid and other fish species from sea lion 

5 predation, the Secretary may suspend the issuance 

6 of permits under this subsection. 

7 ‘‘(8) ELIGIBLE ENTITY DEFINED.—In this sub8 section, the term ‘eligible entity’ means each of the 

9 State of Washington, the State of Oregon, the State 

10 of Idaho, the Nez Perce Tribe, the Confederated 

11 Tribes of the Umatilla Indian Reservation, the Con12 federated Tribes of the Warm Springs Reservation 

13 of Oregon, the Confederated Tribes and Bands of 

14 the Yakama Nation, the Columbia River Inter-Tribal 

15 Fish Commission, and the Cowlitz Indian Tribe. 

16 ‘‘(9) INDIVIDUAL PINNIPED EXCEPTION.—For 

17 purposes of this section, any pinniped located up18 stream of river mile 112 of the Columbia River and 

19 all tributaries that include spawning habitat of 

20 threatened or endangered salmon or steelhead is 

21 deemed to be individually identifiable.’’. 


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1 SEC. 5. TREATY RIGHTS OF FEDERALLY RECOGNIZED IN2 DIAN TRIBES. 

3 Nothing in this Act or the amendment made by this 

4 Act shall be construed to affect or modify any treaty or 

5 other right of any federally recognized Indian Tribe. 


sradovich on DSK3GMQ082PROD with BILLS

sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 208 

115TH CONGRESS 

1ST SESSION H. R. 2083 

[Report No. 115–289] 

A BILL 

To amend the Marine Mammal Protection Act of 

for other purposes. bia River salmon and other nonlisted species, and 1972 to reduce predation on endangered ColumSEPTEMBER 5, 2017 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


sradovich on DSK3GMQ082PROD with BILLS