S. 3119 — what changed

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.

“(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).

changed “(C) Coordination—The Secretary shall establish procedures to coordinate issuance of permits under this subsection, including application procedures and timelines, issuance delegation and revocation of permits to and between eligible entities, geographic and species-specific considerations, monitoring, and periodic review.review, and geographic, seasonal take, and species-specific considerations.

changed “(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.

removed “(E) Coordination with other tribes—To the extent practicable, and prior to issuing a permit under this section, the Secretary shall consult with all Indian tribes with legal or historic interests in the protection of salmonid species in the area of the Columbia River and its tributaries described in paragraph (8).

“(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 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.

added “(4) Qualified individuals—Intentional lethal takings under this subsection shall—

changed “(4) Qualified individuals—Intentional lethal takings under this subsection shall “(A) be humane within the meaning of such term under section 3(4), and shall be implemented by agencies or qualified individuals described in subsection (c)(4), or by individuals employed by the eligible entities described in subsection (6).3(4);

added “(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

added “(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—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

removed “(A) In general

removed “(i) Definition—In this subsection, the term eligible entity means—

changed “(I) with respect to removal in the mainstem of the Columbia River and its tributaries, the State of Washington, the State of Oregon, and “(A) Definition—In this subsection, the State of Idaho; andterm eligible entity means—

changed “(II) “(i) with respect to removal in the mainstem of the Columbia River River, from river mile 112 to the McNary Dam and its tributaries, the Nez Perce Tribe, tributaries in the Confederated Tribes State of the Umatilla Indian Reservation, Washington, and its tributaries in the Confederated Tribes State of Oregon above Bonneville Dam, the Warm Springs Reservation State of Oregon, Washington, the Confederated Tribes and Bands State of the Yakama Nation, Oregon, and the Columbia River Intertribal Fish Commission.State of Idaho;

changed “(ii) Delegation authority—The Secretary may allow an eligible entity described with respect to removal in clause (i)(I) the mainstem Columbia River from river mile 112 to delegate the McNary Dam and its authority under a permit under this subsection to any entity described tributaries within the State of Washington and in clause (i)(II).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 Reservation of Oregon, and the Confederated Tribes and Bands of the Yakama Nation; and

changed “(B) Additional eligibility“(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).

changed “(i) In general—Subject to the approval of the Secretary, the Indian tribes “(B) Delegation authority—The Secretary may allow eligible entities described in subclauses (I) and (II) of clause (i) or (ii) may remove sea lions pursuant of subparagraph (A) to delegate their authority under a memorandum permit under this subsection to the Columbia River Intertribal Fish Commission for removal in the mainstem of understanding described the Columbia River above river mile 112 and below McNary Dam, in clause (ii).the Columbia River tributaries in the State of Washington, or in tributaries within the State of Oregon above Bonneville Dam and below McNary Dam.

changed “(ii) Memoranda of understanding—A memorandum of understanding “(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 clause is—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.

changed “(I) between the State of Washington and the Cowlitz Indian Tribe for deterrence and removal of sea lions on the Cowlitz River; or“(D) Committee requirements

changed “(II) between the State of Oregon and the Confederated Tribes of the Grand Ronde Community of Oregon or the Confederated Tribes of Siletz Indians of Oregon “(i) In general—The Secretary shall recognize a committee established in accordance with this subparagraph as being eligible for deterrence and removal a permit under this subsection, for purposes of sea lions on the Willamette River.subparagraph (A)(iii).

changed “(iii) Considerations—In determining whether to approve a memorandum of understanding “(ii) Membership—A committee established under clause (i), the Secretary this subparagraph shall consider each affected Indian tribe's wildlife management capacity to meet consist of the requirements State of this Act.Oregon and each of the following:

changed “(7) Individual exception—For purposes of this section, any sea lion located upstream “(I) The Confederated Tribes of river mile 112, Siletz Indians or in any tributary to the Columbia River that includes spawning habitat Confederated Tribes of threatened or endangered salmon the Grand Ronde Community, or steelhead is deemed to be individually identifiable.both.

changed “(8) Significant negative impact exception—For purposes of this section, any sea lion located in the mainstem “(II) The Confederated Tribes of the Columbia River upstream of river mile 112, Warm Springs or in any tributary to the Columbia River that includes spawning habitat Confederated Tribes of threatened or endangered salmon or steelhead is deemed to be having a significant negative impact, within the meaning of subsection (b)(1).Umatilla Reservation, or both.

added “(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.

added “(iv) Nonapplicability of FACA—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a committee established under this subparagraph.

added “(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.

added “(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 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).”

changed Nothing in this Act or the amendments made by this Act shall be construed to affect 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)).