Endangered Salmon and Fisheries Predation Prevention Act

Bill: 115-hr-2083
Sponsor: full_name: Rep. Herrera Beutler, Jaime [R-WA-3]
Introduced: 2017-04-08
Policy area: Animals
Subjects: Endangered and threatened species

Fishes

Idaho

Indian lands and resources rights

Lakes and rivers

Licensing and registrations

Mammals

Marine and coastal resources, fisheries

Oregon

Pacific Ocean

Washington State

Wildlife conservation and habitat protection
Latest action: action_date: 2018-06-27
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2017-04-08
action_desc: Introduced in House
text: <p><b>Endangered Salmon and Fisheries Predation Prevention Act</b></p> <p> 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. </p> <p>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. </p> <p>Permit holders must be trained in natural resource management. <p>These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years.</p> <p>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.</p>

action_date: 2017-09-05
action_desc: Reported to House without amendment
text: <p><b>Endangered Salmon and Fisheries Predation Prevention Act</b></p> <p> 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. </p> <p>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. </p> <p>Permit holders must be trained in natural resource management. <p>These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years.</p> <p>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.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 2083 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 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.

1. Short title This Act may be cited as the Endangered Salmon and Fisheries Predation Prevention Act . 2. Findings Congress finds the following: (1) There are 13 groups of salmon and steelhead that are listed as threatened species or endangered 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 populations. (5) One of the factors negatively impacting salmonid populations is increased predation by marine mammals, including California sea lions. (6) The population of California sea lions has increased 10-fold over the last 3 decades, and is currently approximately 300,000 animals. (7) Biologists estimate that in recent years as many as 3,000 California sea lions have been foraging 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 indicate 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 Species Act of 1973. (11) In recent years, California sea lions have congregated with greater frequency near Willamette Falls and Bonneville Dam and have entered the fish ladders that salmon must use to return to their historic 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 negatively 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 severity 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 temporary 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 Columbia River and its tributaries. 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 listings 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 preventing such predation. 4. 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 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 intentional lethal taking on the waters of the Columbia River and its tributaries of individually identifiable 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 listed as endangered species or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) and other nonlisted fish species. (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 subsection 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 authority Subject to subparagraph (B), a permit 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 effect under this subsection shall not exceed 10 percent of the annual potential biological removal level. (4) Training in natural resources management 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 authority under this subsection. (6) NEPA Section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall not apply with respect to this subsection 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 authority If, 5 years after the date of the enactment of 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 subsection, 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 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. (9) Individual pinniped exception For purposes of this section, any pinniped located upstream 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. . 5. Treaty rights of federally recognized Indian 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.

tv_txt: IB Union Calendar No. 208 115th CONGRESS 1st Session H. R. 2083 [Report No. 115–289] 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 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.

1. Short title This Act may be cited as the Endangered Salmon and Fisheries Predation Prevention Act . 2. Findings Congress finds the following: (1) There are 13 groups of salmon and steelhead that are listed as threatened species or endangered 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 populations. (5) One of the factors negatively impacting salmonid populations is increased predation by marine mammals, including California sea lions. (6) The population of California sea lions has increased 10-fold over the last 3 decades, and is currently approximately 300,000 animals. (7) Biologists estimate that in recent years as many as 3,000 California sea lions have been foraging 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 indicate 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 Species Act of 1973. (11) In recent years, California sea lions have congregated with greater frequency near Willamette Falls and Bonneville Dam and have entered the fish ladders that salmon must use to return to their historic 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 negatively 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 severity 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 temporary 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 Columbia River and its tributaries. 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 listings 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 preventing such predation. 4. 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 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 intentional lethal taking on the waters of the Columbia River and its tributaries of individually identifiable 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 listed as endangered species or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) and other nonlisted fish species. (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 subsection 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 authority Subject to subparagraph (B), a permit 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 effect under this subsection shall not exceed 10 percent of the annual potential biological removal level. (4) Training in natural resources management 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 authority under this subsection. (6) NEPA Section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall not apply with respect to this subsection 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 authority If, 5 years after the date of the enactment of 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 subsection, 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 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. (9) Individual pinniped exception For purposes of this section, any pinniped located upstream 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. . 5. Treaty rights of federally recognized Indian 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.

September 5, 2017 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: I 115th CONGRESS 2d Session H. R. 2083 IN THE HOUSE OF REPRESENTATIVES AN ACT To allow for the taking of pinnipeds on the Columbia River and its tributaries to protect endangered and threatened species of salmon and other nonlisted fish species.

1. Short title This Act may be cited as the Endangered Salmon and Fisheries Predation Prevention Act . 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. 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 ). . 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 )). 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. Karen L. Haas, Clerk.

tv_txt: IIB 115th CONGRESS 2d Session H. R. 2083 IN THE SENATE OF THE UNITED STATES June 27, 2018 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To allow for the taking of pinnipeds on the Columbia River and its tributaries to protect endangered and threatened species of salmon and other nonlisted fish species.

1. Short title This Act may be cited as the Endangered Salmon and Fisheries Predation Prevention Act . 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. 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 ). . 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 )). 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. Karen L. Haas, Clerk.