[115th Congress Public Law 329]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 4475]]
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. <<NOTE: Dec. 18, 2018 - [S. 3119]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Endangered
Salmon Predation Prevention Act.>>
SECTION 1. <<NOTE: 16 USC 1361 note.>> 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.
[[Page 132 STAT. 4476]]
``(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, seasonal take, and species-specific
considerations.
``(D) Duration of permit.--A permit under this
subsection shall be effective for a period of not more
than 5 years, and may be renewed by the Secretary.
``(3) Limitations on annual
takings. <<NOTE: Determinations.>> --The Secretary shall apply
the process for determining limitations on annual take of sea
lions under subsection (c) to determinations on limitations
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 propagated by an Institutional Animal Care and
Use Committee and that primary euthanasia be limited to
humane chemical methods; and
``(C) 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. <<NOTE: Time
period. Consultation. Determination.>> --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. <<NOTE: Washington. Oregon. Idaho. Native
Americans.>> --
``(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 Bonneville 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 Reservation, the Confederated
Tribes of the Warm Springs
[[Page 132 STAT. 4477]]
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
Intertribal 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
Secretary may allow an eligible entity described in
subparagraph (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
committee 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
subsection, 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 purposes
of this subsection, any sea lion located in the mainstem of the
Columbia River upstream of river mile 112 and downstream of
McNary Dam, or in any tributary to the Columbia
[[Page 132 STAT. 4478]]
River that includes spawning habitat of threatened or endangered
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. <<NOTE: 16 USC 1389 note.>> 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. <<NOTE: Study.>> 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.
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
Transportation).
CONGRESSIONAL RECORD, Vol. 164 (2018):
Dec. 6, considered and passed Senate.
Dec. 11, considered and passed House.
<all>