Endangered Salmon and Fisheries Predation Prevention Act

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, recovery 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 predation.

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(f) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1389(f)) is amended to read as follows:
    ``(f) Temporary Marine Mammal Removal Authority 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 Columbia River and its tributaries of 
        individually identifiable 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 applications for permits under this 
                subsection in the same manner such timelines apply to 
                applications under subsection (b).
                    ``(C) Coordination.--The Secretary shall establish 
                procedures for coordination among eligible entities, 
                including application procedures and timelines, 
                geographic and species-specific considerations, and 
                monitoring and periodic review.
                    ``(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 subsection (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 lethal takings 
        under this subsection shall be humane and shall be implemented 
        by agencies or qualified individuals described in subsection 
        (c)(4), or by individuals employed by the eligible entities 
        described in paragraph (6).
            ``(5) Suspension of permitting authority.--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 `eligible 
                        entity' means--
                                    ``(I) with respect to removal in 
                                the mainstem of the Columbia River and 
                                its tributaries, the State of 
                                Washington, 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 Confederated 
                                Tribes of the Warm Springs Reservation 
                                of Oregon, the Confederated 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 described 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 approval 
                        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 
                                understanding 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 
                                understanding with the Confederated 
                                Tribes of the Grand Ronde Community of 
                                Oregon and the Confederated Tribes of 
                                Siletz Indians of Oregon for deterrence 
                                and removal of sea lions on the 
                                Willamette River.
                            ``(ii) Considerations.--In determining 
                        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 Columbia 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 exception.--For purposes 
        of this section, any sea lion located in the mainstem of the 
        Columbia River upstream 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 described 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 Education Assistance Act (25 
        U.S.C. 5304).''.

SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN 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 Assistance Act (25 U.S.C. 5304)).

SEC. 5. REPORT.

    Not later than 180 days after the date of the enactment 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 tributaries of the Columbia River.

            Passed the House of Representatives June 26, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Endangered Salmon and Fisheries Predation Prevention Act  This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits allowing Washington, Oregon, 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, the Columbia River Inter-Tribal Fish Commission, and the Cowlitz Indian Tribe to kill sea lions in a portion of the Columbia River or certain tributaries in order to protect fish from sea lion predation. Permits may be issued to kill sea lions only if the sea lions are part of a population that is not depleted.  The permits may authorize the lethal taking of 100 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 10% of the annual potential biological removal level.  Permit holders must be trained in natural resource management. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of the permits if, after five years, lethal removal authority is no longer necessary to protect fish from sea lion predation.