Text: S.3119 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-329 (12/18/2018)

 
[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.

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