```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3069 Reported in House (RH)]

                                                 Union Calendar No. 220
112th CONGRESS
  1st Session
                                H. R. 3069

                          [Report No. 112-322]

 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

                           September 29, 2011

  Mr. Hastings of Washington introduced the following bill; which was 
             referred to the Committee on Natural Resources

                            December 8, 2011

 Additional sponsors: Mr. Dicks, Mr. Simpson, Mr. Walden, Ms. Herrera 
                       Beutler, and Mr. Schrader

                            December 8, 2011

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

_______________________________________________________________________

                                 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.

 

    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 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 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.
            ``(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''.

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;
            (2) permit holders exercising lethal removal authority 
        pursuant to the amendment made by this Act should be trained in 
        wildlife management; and
            (3) 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.
                                                 Union Calendar No. 220

112th CONGRESS

  1st Session

                               H. R. 3069

                          [Report No. 112-322]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 8, 2011

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