SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Endangered Salmon 
and Fisheries Predation Prevention Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of the Congress that— 
(1) prevention of predation by sea lions, recov-
ery of salmonid stocks listed under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), and 
prevention of the future listings of fish stocks in the 
Columbia River under such Act are a vital priority; 
and 
(2) the Federal Government should continue to 
fund lethal and nonlethal removal of sea lions as 
well as deterrence measures for preventing such pre-
dation. 
SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER 
AND ITS TRIBUTARIES TO PROTECT ENDAN-
GERED AND THREATENED SPECIES OF SALM-
ON 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 fol-
lows: 
‘‘(f) TEMPORARY MARINE MAMMAL REMOVAL AU-
THORITY ON THE WATERS OF THE COLUMBIA RIVER AND 
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 Colum-
bia River and its tributaries of individually identifi-
able 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 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. 
‘‘(B) DEADLINE FOR CONSIDERATION OF 
APPLICATION.—The timelines and procedures 
described in subsection (c) shall apply to appli-
cations for permits under this subsection in the
same manner such timelines apply to applica-
tions under subsection (b). 
‘‘(C) COORDINATION.—The Secretary shall 
establish procedures for coordination among eli-
gible entities, including application procedures 
and timelines, geographic and species-specific 
considerations, and monitoring and periodic re-
view. 
‘‘(D) DURATION
OF
PERMIT.—A permit 
under this subsection shall be effective for not 
more than 5 years and may be renewed by the 
Secretary. 
‘‘(3) LIMITATIONS ON ANNUAL TAKINGS.—The 
process for determining limitations on annual take 
of sea lions will follow the process established in sub-
section (c) 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 le-
thal takings under this subsection shall be humane 
and shall be implemented by agencies or qualified in-
dividuals described in subsection (c)(4), or by indi-
viduals employed by the eligible entities described in 
paragraph (6). 
‘‘(5) SUSPENSION
OF
PERMITTING
AUTHOR-
ITY.—If, 5 years after the date of the enactment of 
the Endangered Salmon and Fisheries 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) IN GENERAL.— 
‘‘(i) DEFINITION.—In this subsection, 
subject to subparagraph (B), the term ‘eli-
gible entity’ means— 
‘‘(I) with respect to removal in 
the mainstem of the Columbia River 
and its tributaries, the State of Wash-
ington, the State of Oregon, and the 
State of Idaho; 
‘‘(II) with respect to removal in 
the mainstem of the Columbia River 
and its tributaries, the Nez Perce 
Tribe, the Confederated Tribes of the
Umatilla Indian Reservation, the Con-
federated Tribes of the Warm Springs 
Reservation of Oregon, the Confed-
erated Tribes and Bands of the 
Yakama Nation, and the Columbia 
River Intertribal Fish Commission; 
and 
‘‘(ii) DELEGATION AUTHORITY.—The 
Secretary may allow an eligible entity de-
scribed in clause (i)(I) or (i)(II) to delegate 
its authority under a permit under this 
subsection to any eligible entity described 
in clause (i)(I) or (i)(II). 
‘‘(B) ADDITIONAL ELIGIBILITY.— 
‘‘(i) IN GENERAL.—Subject to the ap-
proval of the Secretary and in consultation 
with the Indian Tribes in subparagraph 
(A)(i)(II)— 
‘‘(I) the State of Washington 
may enter into a memorandum of un-
derstanding with the Cowlitz Indian 
Tribe for deterrence and removal of 
sea lions on the Cowlitz River. 
‘‘(II) the State of Oregon may 
enter into a memorandum of under-
standing with the Confederated Tribes 
of the Grand Ronde Community of 
Oregon and the Confederated Tribes 
of Siletz Indians of Oregon for deter-
rence and removal of sea lions on the 
Willamette River. 
‘‘(ii) 
CONSIDERATIONS.—In 
deter-
mining eligibility under this subparagraph, 
the Secretary shall consider the capacity of 
each Indian tribe to manage wildlife to 
meet the requirements of this Act. 
‘‘(7) INDIVIDUAL EXCEPTION.—For purposes of 
this section, any sea lion located upstream of Colum-
bia River river mile 112, 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
EXCEP-
TION.—For purposes of this section, any sea lion lo-
cated in the mainstem of the Columbia River up-
stream of river mile 112, or in any tributary to the 
Columbia River that includes spawning habitat of 
threatened or endangered salmon or steelhead is 
deemed to be having a significant negative impact on
the decline or recovery of salmonid fishery stocks de-
scribed in 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 Edu-
cation Assistance Act (25 U.S.C. 5304).’’. 
SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED IN-
DIAN TRIBES. 
Nothing in this Act or the amendments made by this 
Act shall be construed to affect or modify any treaty or 
other right of an Indian Tribe (as defined in section 4 
of the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304)). 
SEC. 5. REPORT. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of the Interior shall study 
and report to the Congress on the potential effects of the 
lethal taking of sea lions on the recovery of salmonid 
stocks in the waters of the Columbia River and the tribu-
taries of the Columbia River. 
Passed the House of Representatives June 26, 2018. 
Attest: 
Clerk.