IIB 

115TH CONGRESS 

2D SESSION H. R. 2083 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2018 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To allow for the taking of pinnipeds on the Columbia River 

and its tributaries to protect endangered and threatened 

species of salmon and other nonlisted fish species. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 and Fisheries Predation Prevention Act’’. 

4 SEC. 2. SENSE OF CONGRESS. 

5 It is the sense of the Congress that— 

6 (1) prevention of predation by sea lions, recov7 ery of salmonid stocks listed under the Endangered 

8 Species Act of 1973 (16 U.S.C. 1531 et seq.), and 

9 prevention of the future listings of fish stocks in the 

10 Columbia River under such Act are a vital priority; 

11 and 

12 (2) the Federal Government should continue to 

13 fund lethal and nonlethal removal of sea lions as 

14 well as deterrence measures for preventing such pre15 dation. 

16 SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER 

17 AND ITS TRIBUTARIES TO PROTECT ENDAN18 GERED AND THREATENED SPECIES OF SALM19 ON AND OTHER NONLISTED FISH SPECIES. 

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

21 of 1972 (16 U.S.C. 1389(f)) is amended to read as fol22 lows: 

23 ‘‘(f) TEMPORARY MARINE MAMMAL REMOVAL AU24 THORITY ON THE WATERS OF THE COLUMBIA RIVER AND

25 ITS TRIBUTARIES.— 


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1 ‘‘(1) REMOVAL AUTHORITY.—Notwithstanding 

2 any other provision of this Act, the Secretary may 

3 issue a permit to an eligible entity to authorize the 

4 intentional lethal taking on the waters of the Colum5 bia River and its tributaries of individually identifi6 able sea lions that are part of a population or stock 

7 that is not categorized under this Act as depleted or 

8 strategic for the purpose of protecting— 

9 ‘‘(A) species of salmon, steelhead, or 

10 eulachon that are listed as endangered species 

11 or threatened species under the Endangered 

12 Species Act of 1973 (16 U.S.C. 1531 et seq.); 

13 and 

14 ‘‘(B) species of lamprey or sturgeon that 

15 are not listed as endangered or threatened but 

16 are listed as a species of concern. 

17 ‘‘(2) PERMIT PROCESS.— 

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

19 apply to the Secretary for a permit under this 

20 subsection. 

21 ‘‘(B) DEADLINE FOR CONSIDERATION OF

22 APPLICATION.—The timelines and procedures 

23 described in subsection (c) shall apply to appli24 cations for permits under this subsection in the 


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1 same manner such timelines apply to applica2 tions under subsection (b). 

3 ‘‘(C) COORDINATION.—The Secretary shall 

4 establish procedures for coordination among eli5 gible entities, including application procedures 

6 and timelines, geographic and species-specific 

7 considerations, and monitoring and periodic re8 view. 

9 ‘‘(D) DURATION OF PERMIT.—A permit 

10 under this subsection shall be effective for not 

11 more than 5 years and may be renewed by the 

12 Secretary. 

13 ‘‘(3) LIMITATIONS ON ANNUAL TAKINGS.—The 

14 process for determining limitations on annual take 

15 of sea lions will follow the process established in sub16 section (c) and the cumulative number of sea lions 

17 authorized to be taken each year under all permits 

18 in effect under this subsection shall not exceed 10 

19 percent of the annual potential biological removal 

20 level for sea lions. 

21 ‘‘(4) QUALIFIED INDIVIDUALS.—Intentional le22 thal takings under this subsection shall be humane 

23 and shall be implemented by agencies or qualified in24 dividuals described in subsection (c)(4), or by indiVerDate Sep 11 2014 22:57 Jun 27, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2083.RFS H2083

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1 viduals employed by the eligible entities described in 

2 paragraph (6). 

3 ‘‘(5) SUSPENSION OF PERMITTING AUTHOR4 ITY.—If, 5 years after the date of the enactment of 

5 the Endangered Salmon and Fisheries Predation 

6 Prevention Act, the Secretary, after consulting with 

7 State and tribal fishery managers, determines that 

8 lethal removal authority is no longer necessary to 

9 protect salmonid and other fish species from sea lion 

10 predation, the Secretary shall suspend the issuance 

11 of permits under this subsection. 

12 ‘‘(6) ELIGIBLE ENTITY DEFINED.— 

13 ‘‘(A) IN GENERAL.— 

14 ‘‘(i) DEFINITION.—In this subsection, 

15 subject to subparagraph (B), the term ‘eli16 gible entity’ means— 

17 ‘‘(I) with respect to removal in 

18 the mainstem of the Columbia River 

19 and its tributaries, the State of Wash20 ington, the State of Oregon, and the 

21 State of Idaho; 

22 ‘‘(II) with respect to removal in 

23 the mainstem of the Columbia River 

24 and its tributaries, the Nez Perce 

25 Tribe, the Confederated Tribes of the 


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1 Umatilla Indian Reservation, the Con2 federated Tribes of the Warm Springs 

3 Reservation of Oregon, the Confed4 erated Tribes and Bands of the 

5 Yakama Nation, and the Columbia 

6 River Intertribal Fish Commission; 

7 and 

8 ‘‘(ii) DELEGATION AUTHORITY.—The 

9 Secretary may allow an eligible entity de10 scribed in clause (i)(I) or (i)(II) to delegate 

11 its authority under a permit under this 

12 subsection to any eligible entity described 

13 in clause (i)(I) or (i)(II). 

14 ‘‘(B) ADDITIONAL ELIGIBILITY.— 

15 ‘‘(i) IN GENERAL.—Subject to the ap16 proval of the Secretary and in consultation 

17 with the Indian Tribes in subparagraph 

18 (A)(i)(II)— 

19 ‘‘(I) the State of Washington 

20 may enter into a memorandum of un21 derstanding with the Cowlitz Indian 

22 Tribe for deterrence and removal of 

23 sea lions on the Cowlitz River. 

24 ‘‘(II) the State of Oregon may 

25 enter into a memorandum of underVerDate Sep 11 2014 22:57 Jun 27, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2083.RFS H2083

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1 standing with the Confederated Tribes 

2 of the Grand Ronde Community of 

3 Oregon and the Confederated Tribes 

4 of Siletz Indians of Oregon for deter5 rence and removal of sea lions on the 

6 Willamette River. 

7 ‘‘(ii) CONSIDERATIONS.—In deter8 mining eligibility under this subparagraph, 

9 the Secretary shall consider the capacity of 

10 each Indian tribe to manage wildlife to 

11 meet the requirements of this Act. 

12 ‘‘(7) INDIVIDUAL EXCEPTION.—For purposes of 

13 this section, any sea lion located upstream of Colum14 bia River river mile 112, or in any tributary to the 

15 Columbia River that includes spawning habitat of 

16 threatened or endangered salmon or steelhead is 

17 deemed to be individually identifiable. 

18 ‘‘(8) SIGNIFICANT NEGATIVE IMPACT EXCEP19 TION.—For purposes of this section, any sea lion lo20 cated in the mainstem of the Columbia River up21 stream of river mile 112, or in any tributary to the 

22 Columbia River that includes spawning habitat of 

23 threatened or endangered salmon or steelhead is 

24 deemed to be having a significant negative impact on 


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1 the decline or recovery of salmonid fishery stocks de2 scribed in subsection (b)(1). 

3 ‘‘(9) DEFINITION.—In this subsection, the term 

4 ‘Indian tribe’ has the meaning given such term in 

5 section 4 of the Indian Self-Determination and Edu6 cation Assistance Act (25 U.S.C. 5304).’’. 

7 SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED IN8 DIAN TRIBES. 

9 Nothing in this Act or the amendments made by this 

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

11 other right of an Indian Tribe (as defined in section 4 

12 of the Indian Self-Determination and Education Assist13 ance Act (25 U.S.C. 5304)). 

14 SEC. 5. REPORT. 

15 Not later than 180 days after the date of the enact16 ment of this Act, the Secretary of the Interior shall study 

17 and report to the Congress on the potential effects of the 

18 lethal taking of sea lions on the recovery of salmonid 

19 stocks in the waters of the Columbia River and the tribu20 taries of the Columbia River. 

Passed the House of Representatives June 26, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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