I 
109TH CONGRESS 
2D SESSION 
H. R. 6241 
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 
SEPTEMBER 28, 2006 
Mr. HASTINGS of Washington (for himself, Mr. BAIRD, Mr. WALDEN of Or-
egon, and Mr. DICKS) introduced the following bill; which was referred 
to the Committee on 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-
VerDate Aug 31 2005 
21:31 Oct 03, 2006
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6241.IH
H6241
sroberts on PROD1PC70 with BILLS
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. 
VerDate Aug 31 2005 
21:31 Oct 03, 2006
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6241.IH
H6241
sroberts on PROD1PC70 with BILLS
(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. 
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-
VerDate Aug 31 2005 
21:31 Oct 03, 2006
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6241.IH
H6241
sroberts on PROD1PC70 with BILLS
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) IN GENERAL.—In addition to other au-
thority under this section, and notwithstanding any 
other provision of this title, the Secretary may issue 
a permit to an eligible entity authorizing the inten-
tional lethal taking on the waters of the Columbia 
River or its tributaries of up to 10 California sea 
lions, if the Secretary determines under paragraph 
(9) that alternative measures to reduce sea lion pre-
dation 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. 
‘‘(2) 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, 
VerDate Aug 31 2005 
21:31 Oct 03, 2006
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6241.IH
H6241
sroberts on PROD1PC70 with BILLS
and the Confederated Tribes and Bands of the 
Yakama Nation. 
‘‘(3) DELEGATION OF PERMIT AUTHORITY.—An 
eligible entity may designate an appropriate inter-
state or intertribal fish commission to administer its 
permit authority under this subsection. 
‘‘(4) CONSULTATION.—In issuing a permit to 
an eligible entity under this subsection, the Sec-
retary shall— 
‘‘(A) consult with other eligible entities 
and other such entities as the Secretary con-
siders appropriate, including the Corps of Engi-
neers; and 
‘‘(B) consider the number of other permits 
issued to other eligible entities in the same time 
period. 
‘‘(5) DURATION OF PERMITS.—A permit under 
this subsection shall be effective for no more than 
one year after the date it is issued. 
‘‘(6) AUTHORITY
TO
ISSUE
MULTIPLE
PER-
MITS.—The Secretary may issue more than one per-
mit under this subsection to an eligible entity. No 
more than one permit may be utilized in any 14-day 
period by the same eligible entity. 
VerDate Aug 31 2005 
21:31 Oct 03, 2006
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6241.IH
H6241
sroberts on PROD1PC70 with BILLS
‘‘(7) LIMITATION ON ANNUAL TAKINGS.—The 
cumulative number of California 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 of Cali-
fornia sea lions. 
‘‘(8) LIMITATION ON ANIMALS AUTHORIZED TO 
BE TAKEN.— 
‘‘(A) 
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. 
‘‘(B) CONSULTATION.—In making such de-
termination, the permit holder may consult with 
any other eligible entity or Federal agency. 
‘‘(9) DETERMINATION OF ALTERNATIVE MEAS-
URES.— 
VerDate Aug 31 2005 
21:46 Oct 03, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6241.IH
H6241
sroberts on PROD1PC70 with BILLS
‘‘(A) DEADLINE.—The Secretary shall de-
termine whether alternative measures to reduce 
sea lion predation on salmonid stocks in the wa-
ters of the Columbia River or its tributaries 
listed as threatened species or endangered spe-
cies under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) adequately protect the 
salmonid stocks from California sea lion preda-
tion, by not later than 90 days after the date 
of the enactment of this subsection. 
‘‘(B) PUBLIC
COMMENT.—The Secretary 
shall, within such 90-day period, provide up to 
30 days for the submission of public comments 
on the determination. 
‘‘(C) FEDERAL REGISTER.—The Secretary 
shall publish the determination in the Federal 
Register. 
‘‘(10) DEADLINE FOR CONSIDERATION OF AP-
PLICATION.—The Secretary shall respond to an ap-
plication for a permit under this subsection by not 
later than 30 days after receiving the application. 
‘‘(11) 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-
VerDate Aug 31 2005 
21:31 Oct 03, 2006
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6241.IH
H6241
sroberts on PROD1PC70 with BILLS
section and the issuance of any permit under this 
subsection. 
‘‘(12) TERMINATION OF PERMITTING AUTHOR-
ITY.—The Secretary may not issue any permit under 
this subsection after the end of the 3-year period be-
ginning on the date of the enactment of this sub-
section.’’. 
(b) RECOMMENDED LEGISLATION.—Not later than 
one year 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; 
and 
VerDate Aug 31 2005 
21:31 Oct 03, 2006
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6241.IH
H6241
sroberts on PROD1PC70 with BILLS
(2) the Federal Government should continue to 
fund, research, and support effective nonlethal alter-
native measures for preventing such predation. 
Æ 
VerDate Aug 31 2005 
21:31 Oct 03, 2006
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H6241.IH
H6241
sroberts on PROD1PC70 with BILLS