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H.R. 2083 — what changed

Endangered Salmon and Fisheries Predation Prevention Act

From Reported in House to Engrossed in House. 4 sections amended between Reported in House and Engrossed in House.

Sec. 2 Sense of Congress

changed Congress finds It is the following:sense of the Congress that—

(1)
changed There are 13 groups prevention of salmon and steelhead that are predation by sea lions, recovery of salmonid stocks listed as threatened species or endangered species under the Endangered Species Act of 1973 that migrate through (16 U.S.C. 1531 et seq.), and prevention of the lower Columbia River. All lower future listings of fish stocks in the Columbia River tributaries contain listed species including Chinook, Chum and Coho salmon as well as winter-run steelhead.under such Act are a vital priority; and
(2)
changed The people of the Northwest United States are united in their desire to restore healthy salmon and steelhead runs because they are integral Federal Government should continue to the region's culture fund lethal and economy.nonlethal removal of sea lions as well as deterrence measures for preventing such predation.
(3)
removed The Columbia River treaty Tribes retain important rights with respect to salmon and steelhead.
(4)
removed Federal, State, and Tribal governments have spent billions of dollars to assist the recovery of Columbia River basin salmon and steelhead populations.
(5)
removed One of the factors negatively impacting salmonid populations is increased predation by marine mammals, including California sea lions.
(6)
removed The population of California sea lions has increased 10-fold over the last 3 decades, and is currently approximately 300,000 animals.
(7)
removed 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)
removed Historically, California sea lions, whose habitat is fundamentally salt water, did not venture very far up into the Columbia River.
(9)
removed 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)
removed 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)
removed 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)
removed These California sea lions have not been responsive to extensive hazing methods employed to discourage this behavior.
(13)
removed 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)
removed The National Oceanic and Atmospheric Administration has observed that—
(A)
removed 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)
removed efforts need to focus more on the lower river and at Willamette Falls.
(15)
removed 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.

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

changed It is the sense Section 120(f) of the Congress that—Marine Mammal Protection Act of 1972 (16 U.S.C. 1389(f)) is amended to read as follows:

added “(f) Temporary marine mammal removal authority on the waters of the Columbia River and its tributaries

added “(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—

added “(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

added “(B) species of lamprey or sturgeon that are not listed as endangered or threatened but are listed as a species of concern.

added “(2) Permit process

added “(A) In general—An eligible entity may apply to the Secretary for a permit under this subsection.

added “(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).

added “(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.

added “(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.

added “(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.

added “(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).

added “(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.

added “(6) Eligible entity defined

added “(A) In general

added “(i) Definition—In this subsection, subject to subparagraph (B), the term “eligible entity” means—

added “(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;

added “(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

added “(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).

added “(B) Additional eligibility

added “(i) In general—Subject to the approval of the Secretary and in consultation with the Indian Tribes in subparagraph (A)(i)(II)—

added “(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.

added “(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.

added “(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.

added “(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.

added “(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).

added “(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).”

(1)
removed 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)
removed the Federal Government should continue to fund lethal and nonlethal removal measures for preventing such predation.

Sec. 4 Treaty rights of federally recognized Indian Tribes

changed Section 120(f) of Nothing in this Act or the Marine Mammal Protection amendments made by this Act shall be construed to affect or modify any treaty or other right of 1972 (16 an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 1389(f)) is amended to read as follows:5304)).

removed “(f) Temporary marine mammal removal authority on the waters of the Columbia River or its tributaries

removed “(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.

removed “(2) Permit process

removed “(A) In general—An eligible entity may apply to the Secretary for a permit under this subsection.

removed “(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.

removed “(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.

removed “(3) Limitations

removed “(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.

removed “(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.

removed “(4) Training in natural resources management—Permit holders exercising lethal removal authority pursuant to this Act shall be trained in natural resource management.

removed “(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.

removed “(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.

removed “(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.

removed “(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.

removed “(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.”

Sec. 5 Report

changed Nothing in this Act or Not later than 180 days after the amendment made by date of the enactment of this Act Act, the Secretary of the Interior shall be construed study and report to affect or modify any treaty or other right the Congress on the potential effects of any federally recognized Indian Tribe.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.