An act to allow for the taking of sea lions on the Columbia River and its tributaries to protect endangered and threatened species of salmon and other nonlisted fish species
PL 115-329 (S.3119), enacted 12/18/2018

132 STAT. 4475 
PUBLIC LAW 115–329—DEC. 18, 2018 
Public Law 115–329 
115th Congress 
An Act 
To allow for the taking of sea lions on the Columbia River and its tributaries 
to protect endangered and threatened species of salmon and other nonlisted 
fish species. 
Be it enacted by the Senate and House of Representatives 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. 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, and 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 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 
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 so 
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. 
16 USC 1361 
note. 
Endangered 
Salmon 
Predation 
Prevention Act. 
Dec. 18, 2018 
[S. 3119] 
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132 STAT. 4476 
PUBLIC LAW 115–329—DEC. 18, 2018 
‘‘(B) TIMELINES
AND
PROCEDURES
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 to coordinate issuance of permits under this 
subsection, including application procedures and timelines, 
delegation and revocation of permits to and between eligible 
entities, monitoring, periodic review, and geographic, sea-
sonal take, and species-specific considerations. 
‘‘(D) DURATION OF PERMIT.—A permit under this sub-
section shall be effective for a period of not more than 
5 years, and may be renewed by the Secretary. 
‘‘(3) LIMITATIONS ON ANNUAL TAKINGS.—The Secretary shall 
apply the process for determining limitations on annual take 
of sea lions under subsection (c) to determinations on limita-
tions under this subsection, 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— 
‘‘(A) be humane within the meaning of such term under 
section 3(4); 
‘‘(B) require that capture, husbandry, transportation, 
and euthanasia protocols are based on standards propa-
gated by an Institutional Animal Care and Use Committee 
and that primary euthanasia be limited to humane chem-
ical methods; and 
‘‘(C) be implemented by agencies or qualified individ-
uals 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 
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) DEFINITION.—In this subsection, the term ‘eligible 
entity’ means— 
‘‘(i) with respect to removal in the mainstem of 
the Columbia River, from river mile 112 to the McNary 
Dam and its tributaries in the State of Washington, 
and its tributaries in the State of Oregon above Bonne-
ville Dam, the State of Washington, the State of 
Oregon, and the State of Idaho; 
‘‘(ii) with respect to removal in the mainstem 
Columbia River from river mile 112 to the McNary 
Dam and its tributaries within the State of Washington 
and in any of its tributaries above Bonneville Dam 
within the State of Oregon, the Nez Perce Tribe, the 
Confederated Tribes of the Umatilla Indian Reserva-
tion, the Confederated Tribes of the Warm Springs 
Washington. 
Oregon. 
Idaho. 
Native 
Americans. 
Time period. 
Consultation. 
Determination. 
Determinations. 
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132 STAT. 4477 
PUBLIC LAW 115–329—DEC. 18, 2018 
Reservation of Oregon, and the Confederated Tribes 
and Bands of the Yakama Nation; and 
‘‘(iii) with respect to removal in the Willamette 
River and other tributaries of the Columbia River 
within the State of Oregon below Bonneville Dam, 
a committee recognized by the Secretary under 
subparagraph (D). 
‘‘(B) DELEGATION
AUTHORITY.—The Secretary may 
allow eligible entities described in clause (i) or (ii) of 
subparagraph (A) to delegate their authority under a 
permit under this subsection to the Columbia River Inter-
tribal Fish Commission for removal in the mainstem of 
the Columbia River above river mile 112 and below McNary 
Dam, in the Columbia River tributaries in the State of 
Washington, or in tributaries within the State of Oregon 
above Bonneville Dam and below McNary Dam. 
‘‘(C) ADDITIONAL
DELEGATION
AUTHORITY.—The Sec-
retary may allow an eligible entity described in subpara-
graph (A)(i) to delegate its authority under a permit under 
this subsection to any entity described in subclause (i) 
or (ii) of subparagraph (A) with respect to removal in 
the mainstem of the Columbia River above river mile 112 
and below McNary Dam, in the Columbia River tributaries 
in the State of Washington, or in tributaries in the State 
of Oregon above Bonneville Dam and below McNary Dam. 
‘‘(D) COMMITTEE REQUIREMENTS.— 
‘‘(i) IN
GENERAL.—The Secretary shall recognize 
a committee established in accordance with this 
subparagraph as being eligible for a permit under this 
subsection, for purposes of subparagraph (A)(iii). 
‘‘(ii) MEMBERSHIP.—A committee established under 
this subparagraph shall consist of the State of Oregon 
and each of the following: 
‘‘(I) The Confederated Tribes of Siletz Indians 
or the Confederated Tribes of the Grand Ronde 
Community, or both. 
‘‘(II) The Confederated Tribes of the Warm 
Springs or the Confederated Tribes of the Umatilla 
Reservation, or both. 
‘‘(iii) MAJORITY
AGREEMENT
REQUIRED.—A com-
mittee established under this subparagraph may take 
action with respect to a permit application and removal 
under this subsection only with majority agreement 
by the committee members. 
‘‘(iv) NONAPPLICABILITY
OF
FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to a committee established under this subparagraph. 
‘‘(7) INDIVIDUAL
EXCEPTION.—For purposes of this sub-
section, any sea lion located upstream of river mile 112 and 
downstream of McNary Dam, 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 pur-
poses of this subsection, any sea lion located in the mainstem 
of the Columbia River upstream of river mile 112 and down-
stream of McNary Dam, or in any tributary to the Columbia 
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132 STAT. 4478 
PUBLIC LAW 115–329—DEC. 18, 2018 
LEGISLATIVE HISTORY—S. 3119 (H.R. 2083): 
HOUSE REPORTS: No. 115–289 (Comm. on Natural Resources) accompanying H.R. 
2083. 
SENATE REPORTS: No. 115–400 (Comm. on Commerce, Science, and Transpor-
tation). 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Dec. 6, considered and passed Senate. 
Dec. 11, considered and passed House. 
River that includes spawning habitat of threatened or endan-
gered salmon or steelhead is deemed to be having a significant 
negative impact, within the meaning of 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 enlarge, confirm, adjudicate, 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 3 years after the date of the enactment of 
this Act, the Secretary of Commerce shall study and report to 
Congress on the effects of deterrence and the lethal taking of 
sea lions on the recovery of endangered and threatened salmon 
and steelhead stocks in the waters of the Columbia River and 
the tributaries of the Columbia River subject to section 120(f) of 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389(f)), 
as amended by this Act. 
Approved December 18, 2018. 
Study. 
16 USC 1389 
note. 
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