---
kind: "section"
citation: "16 U.S.C. § 1389"
title: "16"
title_heading: "Conservation"
number: "1389"
heading: "Pacific Coast Task Force; Gulf of Maine"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1389"
units:
  - "Chapter 31 — Marine Mammal Protection"
  - "Subchapter II — Conservation and Protection of Marine Mammals"
---

# §1389. Pacific Coast Task Force; Gulf of Maine

- (a) **Pinniped removal authority—** Notwithstanding any other provision of this subchapter, the [Secretary](/usc/16/1362.md?p=12-A) may permit the intentional lethal [taking](/usc/16/3102.md?p=18) of pinnipeds in accordance with this section.
- (b) **Application—**
  - (1) A [State](/usc/16/590q.md?p=a) may apply to the [Secretary](/usc/16/1362.md?p=12-A) to authorize the intentional lethal [taking](/usc/16/3102.md?p=18) of individually identifiable pinnipeds which are having a significant negative impact on the decline or recovery of salmonid [fishery](/usc/16/1362.md?p=16) [stocks](/usc/16/1362.md?p=11) which—
    - (A) have been listed as threatened species or endangered species under the Endangered Species Act of 1973 ([16 U.S.C. 1531](/usc/16/1531.md) et seq.);
    - (B) the [Secretary](/usc/16/1362.md?p=12-A) finds are approaching threatened species or endangered species status (as those terms are defined in that Act); or
    - (C) migrate through the Ballard Locks at Seattle, Washington.
  - (2) Any such application shall include a means of identifying the individual pinniped or pinnipeds, and shall include a detailed description of the problem interaction and expected benefits of the [taking](/usc/16/3102.md?p=18).
- (c) **Actions in response to application—**
  - (1) Within 15 days of receiving an application, the [Secretary](/usc/16/1362.md?p=12-A) shall determine whether the application has produced sufficient evidence to warrant establishing a Pinniped-[Fishery](/usc/16/1362.md?p=16) Interaction Task Force to address the situation described in the application. If the [Secretary](/usc/16/1362.md?p=12-A) determines sufficient evidence has been provided, the [Secretary](/usc/16/1362.md?p=12-A) shall establish a Pinniped-[Fishery](/usc/16/1362.md?p=16) Interaction Task Force and publish a notice in the Federal Register requesting public comment on the application.
  - (2) A Pinniped-[Fishery](/usc/16/1362.md?p=16) Interaction Task Force established under [paragraph (1)](#c-1) shall consist of designated employees of the Department of Commerce, scientists who are knowledgeable about the pinniped interaction that the application addresses, representatives of affected [conservation](/usc/16/1362.md?p=2) and fishing community organizations, Indian Treaty tribes, the [States](/usc/16/544.md?p=r), and such other organizations as the [Secretary](/usc/16/1362.md?p=12-A) deems appropriate.
  - (3) Within 60 days after establishment, and after reviewing public comments in response to the Federal Register notice under [paragraph (1)](#c-1), the Pinniped-[Fishery](/usc/16/1362.md?p=16) Interaction Task Force shall—
    - (A) recommend to the [Secretary](/usc/16/1362.md?p=12-A) whether to approve or deny the proposed intentional lethal [taking](/usc/16/3102.md?p=18) of the pinniped or pinnipeds, including along with the recommendation a description of the specific pinniped individual or individuals, the proposed location, time, and method of such [taking](/usc/16/3102.md?p=18), criteria for evaluating the success of the action, and the duration of the intentional lethal [taking](/usc/16/3102.md?p=18) authority; and
    - (B) suggest nonlethal alternatives, if available and practicable, including a recommended course of action.
  - (4) Within 30 days after receipt of recommendations from the Pinniped-[Fishery](/usc/16/1362.md?p=16) Interaction Task Force, the [Secretary](/usc/16/1362.md?p=12-A) shall either approve or deny the application. If such application is approved, the [Secretary](/usc/16/1362.md?p=12-A) shall immediately [take](/usc/16/1362.md?p=13) steps to implement the intentional lethal [taking](/usc/16/3102.md?p=18), which shall be performed by Federal or [State](/usc/16/590q.md?p=a) agencies, or qualified individuals under contract to such agencies.
  - (5) After implementation of an approved application, the Pinniped-[Fishery](/usc/16/1362.md?p=16) Interaction Task Force shall evaluate the effectiveness of the permitted intentional lethal [taking](/usc/16/3102.md?p=18) or alternative actions implemented. If implementation was ineffective in eliminating the problem interaction, the Task Force shall recommend additional actions. If the implementation was effective, the Task Force shall so advise the [Secretary](/usc/16/1362.md?p=12-A), and the [Secretary](/usc/16/1362.md?p=12-A) shall disband the Task Force.
- (d) **Considerations—** In considering whether an application should be approved or denied, the Pinniped-[Fishery](/usc/16/1362.md?p=16) Interaction Task Force and the [Secretary](/usc/16/1362.md?p=12-A) shall consider—
  - (1) population trends, feeding habits, the location of the pinniped interaction, how and when the interaction occurs, and how many individual pinnipeds are involved;
  - (2) past efforts to nonlethally deter such pinnipeds, and whether the applicant has demonstrated that no feasible and prudent alternatives exist and that the applicant has taken all reasonable nonlethal steps without success;
  - (3) the extent to which such pinnipeds are causing undue injury or impact to, or imbalance with, other species in the ecosystem, including fish populations; and
  - (4) the extent to which such pinnipeds are exhibiting behavior that presents an ongoing threat to public safety.
- (e) **Limitation—** The [Secretary](/usc/16/1362.md?p=12-A) shall not approve the intentional lethal [taking](/usc/16/3102.md?p=18) of any pinniped from a species or [stock](/usc/16/1362.md?p=11) that is—
  - (1) listed as a threatened species or endangered species under the Endangered Species Act of 1973 ([16 U.S.C. 1531](/usc/16/1531.md) et seq.);
  - (2) [depleted](/usc/16/1362.md?p=1) under this chapter; or
  - (3) a [strategic stock](/usc/16/1362.md?p=19).
- (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 chapter, the [Secretary](/usc/16/1362.md?p=12-A) may issue a permit to an eligible entity to authorize the intentional lethal [taking](/usc/16/3102.md?p=18) on the waters of the Columbia River and its tributaries of individually identifiable sea lions that are part of a population or [stock](/usc/16/1362.md?p=11) that is not categorized under this chapter as [depleted](/usc/16/1362.md?p=1) 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](/usc/16/1531.md) 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](/usc/16/1362.md?p=12-A) for a permit under this subsection.
    - (B) **Timelines and procedures of application—** The timelines and procedures described in [subsection (c)](#c) shall apply to applications for permits under this subsection in the same manner such timelines apply to applications under [subsection (b)](#b).
    - (C) **Coordination—** The [Secretary](/usc/16/1362.md?p=12-A) 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](/usc/16/1362.md?p=13), 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](/usc/16/1362.md?p=12-A).
  - (3) **Limitations on annual takings—** The [Secretary](/usc/16/1362.md?p=12-A) shall apply the process for determining limitations on annual [take](/usc/16/1362.md?p=13) of sea lions under [subsection (c)](#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](/usc/16/1362.md?p=20) for sea lions.
  - (4) **Qualified individuals—** Intentional lethal [takings](/usc/16/3102.md?p=18) under this subsection shall—
    - (A) be [humane](/usc/16/1362.md?p=4) within the meaning of such term under [section 1362(4) of this title](/usc/16/1362.md?p=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](/usc/16/1362.md?p=4) chemical methods; and
    - (C) be implemented by agencies or qualified individuals described in [subsection (c)(4)](#c-4), or by individuals employed by the eligible entities described in [paragraph (6)](#f-6).
  - (5) **Suspension of permitting authority—** If, 5 years after December 18, 2018, the [Secretary](/usc/16/1362.md?p=12-A), after consulting with [State](/usc/16/590q.md?p=a) and tribal [fishery](/usc/16/1362.md?p=16) managers, determines that lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation, the [Secretary](/usc/16/1362.md?p=12-A) 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](/usc/16/590q.md?p=a) of Washington, and its tributaries in the [State](/usc/16/590q.md?p=a) of Oregon above Bonneville Dam, the [State](/usc/16/590q.md?p=a) of Washington, the [State](/usc/16/590q.md?p=a) of Oregon, and the [State](/usc/16/590q.md?p=a) 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](/usc/16/590q.md?p=a) of Washington and in any of its tributaries above Bonneville Dam within the [State](/usc/16/590q.md?p=a) 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
      - (iii) with respect to removal in the Willamette River and other tributaries of the Columbia River within the [State](/usc/16/590q.md?p=a) of Oregon below Bonneville Dam, a committee recognized by the [Secretary](/usc/16/1362.md?p=12-A) under [subparagraph (D)](#f-6-D).
    - (B) **Delegation authority—** The [Secretary](/usc/16/1362.md?p=12-A) may allow eligible entities described in clause [(i)](#f-6-A-i) or [(ii)](#f-6-A-ii) of subparagraph (A) to delegate their authority under a permit under this subsection to the Columbia River Intertribal Fish [Commission](/usc/16/544.md?p=c) 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](/usc/16/590q.md?p=a) of Washington, or in tributaries within the [State](/usc/16/590q.md?p=a) of Oregon above Bonneville Dam and below McNary Dam.
    - (C) **Additional delegation authority—** The [Secretary](/usc/16/1362.md?p=12-A) may allow an eligible entity described in [subparagraph (A)(i)](#f-6-A-i) to delegate its authority under a permit under this subsection to any entity described in subclause [(i)](#f-6-A-i) or [(ii)](#f-6-A-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](/usc/16/590q.md?p=a) of Washington, or in tributaries in the [State](/usc/16/590q.md?p=a) of Oregon above Bonneville Dam and below McNary Dam.
    - (D) **Committee requirements—**
      - (i) **In general—** The [Secretary](/usc/16/1362.md?p=12-A) 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)](#f-6-A-iii).
      - (ii) **Membership—** A committee established under this subparagraph shall consist of the [State](/usc/16/590q.md?p=a) 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](/usc/16/1362.md?p=13) 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.)[^1] 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 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)](#b-1).
  - (9) **Definition—** In this subsection, the term “Indian tribe” has the meaning given such term in [section 5304 of title 25](/usc/25/5304.md).
- (g) **Regionwide pinniped-fishery interaction study—**
  - (1) The [Secretary](/usc/16/1362.md?p=12-A) may conduct a study, of not less than three high predation [areas](/usc/16/539m–1.md?p=1-A) in anadromous fish migration corridors within the Northwest Region of the National Marine [Fisheries](/usc/16/1362.md?p=16) Service, on the interaction between fish and pinnipeds. In conducting the study, the [Secretary](/usc/16/1362.md?p=12-A) shall consult with other [State](/usc/16/590q.md?p=a) and Federal agencies with expertise in pinniped-[fishery](/usc/16/1362.md?p=16) interaction. The study shall evaluate—
    - (A) fish behavior in the presence of predators generally;
    - (B) holding times and passage rates of anadromous fish [stocks](/usc/16/1362.md?p=11) in [areas](/usc/16/539m–1.md?p=1-A) where such fish are vulnerable to predation;
    - (C) whether additional facilities exist, or could be reasonably developed, that could improve escapement for anadromous fish; and
    - (D) other issues the [Secretary](/usc/16/1362.md?p=12-A) considers relevant.
  - (2) Subject to the availability of appropriations, the [Secretary](/usc/16/1362.md?p=12-A) may, not later than 18 months after the commencement of the study under this subsection, transmit a report on the results of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and [Fisheries](/usc/16/1362.md?p=16) of the House of Representatives.
  - (3) The study conducted under this subsection may not be used by the [Secretary](/usc/16/1362.md?p=12-A) as a reason for delaying or deferring a determination or consideration under subsection [(c)](#c) or [(d)](#d).
- (h) **Gulf of Maine Task Force—** The [Secretary](/usc/16/1362.md?p=12-A) shall establish a Pinniped-[Fishery](/usc/16/1362.md?p=16) Interaction Task Force to advise the [Secretary](/usc/16/1362.md?p=12-A) on issues or problems regarding pinnipeds interacting in a dangerous or damaging manner with aquaculture resources in the Gulf of Maine. No later than 2 years from April 30, 1994, the [Secretary](/usc/16/1362.md?p=12-A) shall after notice and opportunity for public comment submit to the Committee on Merchant Marine and [Fisheries](/usc/16/1362.md?p=16) of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing recommended available alternatives to mitigate such interactions.
- (i) **Requirements applicable to task forces—**
  - (1) Any task force established under this section—
    - (A) shall to the maximum extent practicable, consist of an equitable balance among representatives of resource user interests and nonuser interests; and
    - (B) shall not be subject to chapter 10 of title 5.
  - (2) Meetings of any task force established under this section shall be open to the public, and prior notice of those meetings shall be given to the public by the task force in a timely fashion.
- (j) **Gulf of Maine harbor porpoise—**
  - (1) Nothing in [section 1386 of this title](/usc/16/1386.md) shall prevent the [Secretary](/usc/16/1362.md?p=12-A) from publishing a [stock](/usc/16/1362.md?p=11) assessment for Gulf of Maine harbor porpoise in an expedited fashion.
  - (2) In developing and implementing a [take reduction plan](/usc/16/1362.md?p=24) under [section 1387 of this title](/usc/16/1387.md) for Gulf of Maine harbor porpoise, the [Secretary](/usc/16/1362.md?p=12-A) shall consider all actions already taken to reduce incidental mortality and serious injury of such [stock](/usc/16/1362.md?p=11), and may, based on the recommendations of the [take reduction team](/usc/16/1362.md?p=25) for such [stock](/usc/16/1362.md?p=11), modify the time period required for compliance with [section 1387(f)(5)(A) of this title](/usc/16/1387.md?p=f-5-A), but in no case may such modification extend the date of compliance beyond April 1, 1997.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 92–522, title I, § 120, as added Pub. L. 103–238, § 23, Apr. 30, 1994, 108 Stat. 562; amended Pub. L. 115–329, § 3, Dec. 18, 2018, 132 Stat. 4475; Pub. L. 117–286, § 4(a)(110), Dec. 27, 2022, 136 Stat. 4317.)

## Notes

### Editorial Notes

### References in Text

The Endangered Species Act of 1973, referred to in subsecs. (b)(1)(A), (B), (e)(1), and (f)(1)(A), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

The Federal Advisory Committee Act, referred to in subsec. (f)(6)(D)(iv), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

### Amendments

2022—Subsec. (i)(1)(B). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 App. U.S.C.).”

2018—Subsec. (f). Pub. L. 115–329 amended subsec. (f) generally. Prior to amendment, subsec. (f) related to a scientific investigation and report on the impact of California sea lions and Pacific harbor seals.

### Statutory Notes and Related Subsidiaries

### Abolition of House Committee on Merchant Marine and Fisheries

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

### Treaty Rights of Federally Recognized Indian Tribes

Pub. L. 115–329, § 4, Dec. 18, 2018, 132 Stat. 4478, provided that: “Nothing in this Act [see Short Title of 2018 Amendment note set out under section 1361 of this title] 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)).”