I 
112TH CONGRESS 
1ST SESSION 
H. R. 946 
To amend the Marine Mammal Protection Act of 1972 to reduce predation 
on endangered Columbia River salmon, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 8, 2011 
Mr. HASTINGS of Washington (for himself, Mr. DICKS, Mr. WALDEN, and Ms. 
HERRERA BEUTLER) introduced the following bill; which was referred to 
the Committee on Natural Resources 
A BILL 
To amend the Marine Mammal Protection Act of 1972 to 
reduce predation on endangered Columbia River salmon, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Endangered Salmon 
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 en-
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dangered 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 re-
gion’s culture and economy. 
(3) The Columbia River treaty tribes retain im-
portant rights with respect to salmon and steelhead. 
(4) Federal, State, and tribal governments have 
spent billions of dollars to assist the recovery of Co-
lumbia River salmon and steelhead populations. 
(5) One of the factors impacting salmonid pop-
ulations 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 cur-
rently greater than 300,000. 
(7) In recent years, over 1,000 California sea 
lions have been entering the lower 205 miles of the 
Columbia River up to Miller Island during the peak 
spring salmonid run before returning to the Cali-
fornia coast to mate. 
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(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) Some of these California sea lions have not 
been responsive to extensive hazing methods em-
ployed near Bonneville dam to discourage this be-
havior. 
(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 tem-
porary 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 Colum-
bia River or its tributaries. 
(13) On December 21, 2010, the independent 
Pinniped-Fishery 
Interaction 
Task 
Force 
rec-
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ommended lethally removing more of the California 
sea lions in 2011. 
SEC. 3. TAKING OF CALIFORNIA SEA LIONS ON THE COLUM-
BIA RIVER OR ITS TRIBUTARIES TO PROTECT 
ENDANGERED AND THREATENED SPECIES OF 
SALMON. 
(a) AMENDMENT TO MARINE MAMMAL PROTECTION 
ACT OF 1972.—Section 120 of the Marine Mammal Pro-
tection Act of 1972 (16 U.S.C. 1389) is amended by add-
ing at the end the following: 
‘‘(k) TEMPORARY MARINE MAMMAL REMOVAL AU-
THORITY ON THE WATERS OF THE COLUMBIA RIVER OR 
ITS TRIBUTARIES.— 
‘‘(1) DETERMINATION OF ALTERNATIVE MEAS-
URES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
determine whether alternative measures to re-
duce sea lion predation of salmonid stocks in 
the waters of the Columbia River or its tribu-
taries listed as threatened species or endan-
gered species under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) ade-
quately protect the salmonid stocks from Cali-
fornia sea lion predation. 
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‘‘(B) DEADLINE.—The Secretary shall 
make such determination not later than 90 days 
after the date of the enactment of this sub-
section. 
‘‘(C) PUBLIC
COMMENT.—The Secretary 
shall, within such 90-day period, provide up to 
30 days for the submission of public comments 
on the determination. 
‘‘(D) FEDERAL REGISTER.—The Secretary 
shall publish the determination in the Federal 
Register. 
‘‘(2) REMOVAL
AUTHORITY.—In addition to 
other authority under this section, and notwith-
standing any other provision of this title, the Sec-
retary may issue a permit to an eligible entity au-
thorizing the intentional lethal taking on the waters 
of the Columbia River or its tributaries California 
sea lions if the Secretary determines under para-
graph (1) that alternative measures to reduce sea 
lion predation on salmonid stocks in such waters 
listed as threatened species or endangered species 
under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) do not adequately protect the 
salmonid stocks from California sea lion predation. 
‘‘(3) PERMIT PROCESS.— 
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‘‘(A) IN GENERAL.—An eligible entity may 
apply to the Secretary of Commerce for a per-
mit under paragraph (2) authorizing the lethal 
taking of California sea lions. 
‘‘(B) DEADLINE FOR CONSIDERATION OF 
APPLICATION.—The Secretary shall approve or 
deny an application for a permit under this sub-
section by not later than 30 days after receiving 
the application. 
‘‘(C) AUTHORITY
TO
ISSUE
MULTIPLE 
PERMITS.—The Secretary may issue more than 
one permit under this subsection to an eligible 
entity. No more than one permit may be uti-
lized in any 14-day period by the same eligible 
entity. 
‘‘(D) DURATION OF PERMITS.—A permit 
under this subsection shall be effective for no 
more than one year after the date it is issued. 
‘‘(E) CONSULTATION.—In issuing a permit 
to an eligible entity, the Secretary shall— 
‘‘(i) consult with other eligible entities 
and other such entities as the Secretary 
considers appropriate, including the Corps 
of Engineers; and 
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‘‘(ii) consider the number of other 
permits issued to other eligible entities in 
the same time period. 
‘‘(F) REPORTS.—Not later than January 
31 following the end of each year in which a le-
thal taking occurs under a permit under this 
subsection, the Secretary shall publish a brief 
report describing the implementation of this 
subsection and the effect of all such takings in 
such year on Columbia River salmonid stocks 
and on the California sea lion population in the 
area where each taking occurs. 
‘‘(4) LIMITATIONS.— 
‘‘(A) LIMITATION
ON
PERMIT
AUTHOR-
ITY.—A permit issued under this subsection 
shall not authorize the lethal taking of more 
than 10 California sea lions. 
‘‘(B) LIMITATION ON ANNUAL TAKINGS.— 
The cumulative number of California sea lions 
authorized to be taken each year under all per-
mits in effect under this subsection shall not ex-
ceed one percent of the annual potential biologi-
cal removal level of California sea lions. 
‘‘(C) LIMITATION ON ANIMAL AUTHORIZED 
TO BE TAKEN.— 
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‘‘(i) DETERMINATION
REQUIRED.—A 
California sea lion may not be taken under 
a permit under this subsection unless the 
permit holder has determined that— 
‘‘(I) such sea lion has preyed 
upon salmonid stocks in the Columbia 
River; and 
‘‘(II) with respect to such sea 
lion, nonlethal alternative measures to 
prevent preying on salmonid stocks 
have in general not been effective. 
‘‘(ii) 
CONSULTATION.—In 
making 
such determination, the permit holder shall 
consult with the National Marine Fisheries 
Service, and may consult with any other 
Federal agency or eligible entity as appro-
priate. 
‘‘(5) DELEGATION
OF
PERMIT
AUTHORITY.— 
The State of Washington and the State of Oregon 
may each designate the Pacific States Marine Fish-
eries Commission to administer its permit authority 
under this subsection. Any other eligible entity may 
designate the Columbia River Inter-Tribal Fish 
Commission to administer its permit authority under 
this subsection. 
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‘‘(6) NEPA.—Section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) shall not apply with respect to this sub-
section and the issuance of any permit under this 
subsection during the 3-year period beginning on the 
date of the enactment of this Act. 
‘‘(7) TERMINATION OF PERMITTING AUTHOR-
ITY.—The Secretary may not issue any permit under 
this subsection after the earlier of— 
‘‘(A) the end of the 5-year period begin-
ning on the date of the enactment of this sub-
section; or 
‘‘(B) the date the Secretary determines 
that lethal removal authority is no longer nec-
essary to protect salmonid stocks from Cali-
fornia sea lion predation. 
‘‘(8) ELIGIBLE ENTITY DEFINED.—In this sub-
section, the term ‘eligible entity’ means each of the 
State of Washington, the State of Oregon, the Nez 
Perce Tribe, the Confederated Tribes of the 
Umatilla Indian Reservation, the Confederated 
Tribes of the Warm Springs Reservation of Oregon, 
and the Confederated Tribes and Bands of the 
Yakama Nation.’’. 
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(b) RECOMMENDED LEGISLATION.—Not later than 
two years after the date of the enactment of this Act, the 
Secretary of Commerce shall submit to the Congress a re-
port on the need for additional legislation to amend the 
Marine Mammal Protection Act of 1972 to address the 
general issue of predation by marine mammals on fish spe-
cies listed as threatened species or endangered species 
under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.). 
SEC. 4. SENSE OF CONGRESS. 
It is the sense of the Congress that— 
(1) nonlethal means of preventing predation of 
listed salmonid stocks in the Columbia River by 
California sea lions is preferable to lethal means; 
(2) permit holders exercising lethal removal au-
thority pursuant to the amendment made by this 
Act should be trained in wildlife management; and 
(3) the Federal Government should continue to 
fund, research, and support effective nonlethal alter-
native measures for preventing such predation. 
Æ 
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