IB 
Union Calendar No. 208 
115TH CONGRESS 
1ST SESSION H. R. 2083 
[Report No. 115–289] 
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 
APRIL 8, 2017 
Ms. HERRERA BEUTLER (for herself and Mr. SCHRADER) introduced the 
following bill; which was referred to the Committee on Natural Resources 
SEPTEMBER 5, 2017 
Additional sponsors: Mr. NEWHOUSE, Mr. YOUNG of Alaska, and Mrs. 
MCMORRIS RODGERS 
SEPTEMBER 5, 2017 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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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. 
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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 
and Fisheries Predation Prevention Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) There are 13 groups of salmon and 
steelhead that are listed as threatened species or en-
dangered species under the Endangered Species Act 
of 1973 that migrate through the lower Columbia 
River. All lower Columbia River tributaries contain 
listed species including Chinook, Chum and Coho 
salmon as well as winter-run steelhead. 
(2) The people of the Northwest United States 
are united in their desire to restore healthy salmon 
and steelhead runs because 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 basin salmon and steelhead popu-
lations. 
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(5) One of the factors negatively impacting 
salmonid populations is increased predation by ma-
rine mammals, including California sea lions. 
(6) The population of California sea lions has 
increased 10-fold over the last 3 decades, and is cur-
rently approximately 300,000 animals. 
(7) Biologists estimate that in recent years as 
many as 3,000 California sea lions have been for-
aging from the lower 145 miles of the Columbia 
River up to Bonneville Dam during the peak spring 
salmonid run. 
(8) Historically, California sea lions, whose 
habitat is fundamentally salt water, did not venture 
very far up into the Columbia River. 
(9) 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. 
(10) Federal, State and Tribal estimates indi-
cate that sea lions are consuming at least 20 percent 
of the Columbia River spring chinook run and 15 
percent of Willamette River steelhead run, two 
salmonid species listed under the Endangered Spe-
cies Act of 1973. 
(11) In recent years, California sea lions have 
congregated with greater frequency near Willamette 
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Falls and Bonneville Dam and have entered the fish 
ladders that salmon must use to return to their his-
toric and biological spawning grounds. 
(12) These California sea lions have not been 
responsive to extensive hazing methods employed to 
discourage this behavior. 
(13) The process established under the 1994 
amendment to the Marine Mammal Protection Act 
of 1972 to address predatory sea lion behavior nega-
tively impacting threatened or endangered salmon 
runs is protracted and has not worked. 
(14) The National Oceanic and Atmospheric 
Administration has observed that— 
(A) management efforts to reduce pinniped 
predation of endangered and threatened salmon 
and steelhead in the area around Bonneville 
Dam has been insufficient to reduce the sever-
ity of the threat; and 
(B) efforts need to focus more on the lower 
river and at Willamette Falls. 
(15) 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 
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threatened and endangered salmonids in the Colum-
bia River and its tributaries. 
SEC. 3. 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 list-
ings of fish stocks in the Columbia River under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) is a vital priority; and 
(2) the Federal Government should continue to 
fund lethal and nonlethal removal measures for pre-
venting such predation. 
SEC. 4. 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 OR 
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 
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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 that is 
not categorized under this Act as depleted for the 
purpose of protecting species of salmon that are list-
ed as endangered species or threatened species 
under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) and other nonlisted fish spe-
cies. 
‘‘(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 sub-
section 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
AUTHOR-
ITY.—Subject to subparagraph (B), a permit 
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issued under this subsection shall not authorize 
the lethal taking of more than 100 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 ef-
fect under this subsection shall not exceed 10 
percent of the annual potential biological re-
moval level. 
‘‘(4) TRAINING IN NATURAL RESOURCES MAN-
AGEMENT.—Permit holders exercising lethal removal 
authority pursuant to this Act shall be trained in 
natural resource management. 
‘‘(5) DELEGATION
OF
PERMIT
AUTHORITY.— 
Any eligible entity may delegate to any other eligible 
entity the authority to administer its permit author-
ity under this subsection. 
‘‘(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 5-year period beginning on the 
date of the enactment of this subsection. 
‘‘(7) SUSPENSION
OF
PERMITTING
AUTHOR-
ITY.—If, 5 years after the date of the enactment of 
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this subsection, 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 may suspend the issuance 
of permits under this subsection. 
‘‘(8) ELIGIBLE ENTITY DEFINED.—In this sub-
section, 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 Con-
federated Tribes of the Warm Springs Reservation 
of Oregon, the Confederated Tribes and Bands of 
the Yakama Nation, the Columbia River Inter-Tribal 
Fish Commission, and the Cowlitz Indian Tribe. 
‘‘(9) INDIVIDUAL PINNIPED EXCEPTION.—For 
purposes of this section, any pinniped located up-
stream of river mile 112 of the Columbia River and 
all tributaries that include spawning habitat of 
threatened or endangered salmon or steelhead is 
deemed to be individually identifiable.’’. 
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SEC. 5. TREATY RIGHTS OF FEDERALLY RECOGNIZED IN-
DIAN 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. 
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Union Calendar No. 208 
115TH CONGRESS 
1ST SESSION 
H. R. 2083 
[Report No. 115–289] 
A BILL 
To amend the Marine Mammal Protection Act of 
1972 to reduce predation on endangered Colum-
bia River salmon and other nonlisted species, and 
for other purposes. 
SEPTEMBER 5, 2017 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
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