[House Report 114-830]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-830
======================================================================
ENDANGERED SALMON AND FISHERIES PREDATION PREVENTION ACT
_______
November 17, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 564]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 564) to amend the Marine Mammal Protection Act
of 1972 to reduce predation on endangered Columbia River salmon
and other nonlisted species, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon and Fisheries
Predation Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There are 13 groups of salmon and steelhead that are
listed as threatened species or endangered species under the
Endangered Species Act of 1973 that migrate through the lower
Columbia River.
(2) The people of the Northwest United States are united in
their desire to restore healthy salmon and steelhead runs, as
they are integral to the region's culture and economy.
(3) The Columbia River treaty tribes retain important rights
with respect to salmon and steelhead.
(4) Federal, State, and tribal governments have spent
billions of dollars to assist the recovery of Columbia River
salmon and steelhead populations.
(5) One of the factors impacting salmonid populations is
increased predation by marine mammals, including California sea
lions.
(6) The population of California sea lions has increased 6-
fold over the last 3 decades, and is currently greater than
250,000 animals.
(7) In recent years, more than 1,000 California sea lions
have been foraging in the lower 145 miles of the Columbia River
up to Bonneville Dam during the peak spring salmonid run before
returning to the California coast to mate.
(8) 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.
(9) In recent years, California sea lions have with greater
frequency congregated near Bonneville Dam and have entered the
fish ladders.
(10) These California sea lions have not been responsive to
extensive hazing methods employed near Bonneville Dam to
discourage this behavior.
(11) The process established under the 1994 amendment to the
Marine Mammal Protection Act of 1972 to address aggressive sea
lion behavior is protracted and will not work in a timely
enough manner to protect threatened and endangered salmonids in
the near term.
(12) 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.
(13) On December 21, 2010, the independent Pinniped-Fishery
Interaction Task Force recommended lethally removing more of
the California sea lions in 2011.
(14) On August 18, 2011, the States of Washington, Oregon,
and Idaho applied to the National Marine Fisheries Service,
under section 120(b)(1)(A) of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1389(b)(1)(A)), for the lethal removal of
sea lions that the States determined are having a ``significant
negative impact'' on the recovery of Columbia River and Snake
River salmon and steelhead.
(15) On September 12, 2011, the National Marine Fisheries
Service announced it was accepting the States' application for
lethal removal of sea lions and that it would reconvene the
Pinniped-Fishery Interaction Task Force to consider the States'
application. This Act will ensure the necessary authority for
permits under the Marine Mammal Protection Act of 1972 to be
issued in a timely fashion.
(16) During a June 14, 2011, hearing, the Committee on
Natural Resources of the House of Representatives received
testimony from State and tribal witnesses expressing concern
that significant pinniped predation of important Northwest fish
resources other than salmonids is severely impacting fish
stocks determined by both Federal and State fishery management
agencies to be at low levels of abundance, and that this cannot
be addressed by section 120 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1389), which as in effect before the
enactment of this Act restricted control of predatory
pinnipeds' impact only with respect to endangered salmonids.
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 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1389) is amended by striking subsection (f) and inserting the
following:
``(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 authorizing the intentional lethal taking on the waters
of the Columbia River and its tributaries of sea lions that are
part of a population that is not categorized as depleted under
this Act or listed as an endangered species or threatened
species under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), to protect endangered and threatened species of
salmon and other nonlisted fish species.
``(2) Permit process.--
``(A) In general.--An eligible entity may apply to
the Secretary for a permit under this subsection.
``(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.
``(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.
``(3) Limitations.--
``(A) Limitation on permit authority.--Subject to
subparagraph (B), a permit issued under this subsection
shall not authorize the lethal taking of more than 10
sea lions during the duration of the permit.
``(B) Limitation on annual takings.--The cumulative
number of sea lions authorized to be taken each year
under all permits in effect under this section shall
not exceed one percent of the annual potential
biological removal level.
``(4) Delegation of permit authority.--Any eligible entity
may delegate to any other eligible entity the authority to
administer its permit authority under this subsection.
``(5) 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.
``(6) Suspension of permitting authority.--If, 5 years after
enactment, 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, may suspend the issuance
of permits under this subsection.
``(7) 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, and the
Columbia River Inter-Tribal Fish Commission.
``(8) Training in wildlife management.--Permit holders
exercising lethal removal authority pursuant to this Act shall
be trained in wildlife management.''.
SEC. 4. 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 is a vital priority; and
(2) the Federal Government should continue to fund lethal and
nonlethal removal measures for preventing such predation.
SEC. 5. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.
Nothing in this Act or the amendment made by this Act shall be
construed to affect or modify any treaty or other right of any
federally recognized Indian tribe.
Purpose of the Bill
The purpose of H.R. 564 is to amend the Marine Mammal
Protection Act of 1972 to reduce predation on endangered
Columbia River salmon and other nonlisted species.
Background and Need For Legislation
To assist in the recovery of Endangered Species Act\1\
(ESA)-listed salmon in the Columbia River watershed and to
protect tribal ceremonial, subsistence and commercial
fisheries, H.R. 564, as amended, authorizes the U.S. Secretary
of Commerce to issue expedited permits authorizing states and
tribes to lethally take California sea lions and non-ESA listed
Steller sea lions (hereinafter referred to as ``sea lions'')
under certain conditions.
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\1\Endangered Species Act of 1973, 16 U.S.C. 1531 et seq.
---------------------------------------------------------------------------
According to the National Oceanic and Atmospheric
Administration (NOAA), the Lower Columbia River in the Pacific
Northwest is home to multiple species of salmon listed under
the ESA. This list includes the Lower Columbia River chinook,
steelhead, coho and chum salmon. A 2013 ESA recovery plan for
these species released by NOAA cited marine mammal predation,
specifically by sea lions, as a factor in the initial species
listings and a hurdle to their recovery.
State and tribal officials agree with this assessment. Mr.
Guy Norman, former regional director of the Washington
Department of Fish and Wildlife, testified during a June 13,
2013, Committee on Natural Resources hearing that, ``The U.S.
Army Corps of Engineers estimates that over 42,000 salmon and
steelhead have been consumed by sea lions within one quarter
mile of the (Bonneville) dam in the past twelve years.''
Testimony from the Columbia River Inter-Tribal Fish Commission
(CRITFC) affirmed that slightly over 30% of spring salmon
passing through Bonneville Dam's fish ladder have suffered some
form of injury caused by marine mammals. At a 2015 event in
Oregon in support of the legislation, former CRITFC Chairman
Carlos Smith stated, ``We know from experience that unchecked
sea lion predation can wipe out an entire run of fish as they
did to Lake Washington winter steelhead. We simply can't allow
that to happen in the Columbia Basin. This problem can be
addressed, but we need the right tools.''
According to NOAA, the Marine Mammal Protection Act\2\
(MMPA), prohibits, with certain exceptions, the lethal take of
any marine mammal in United States waters and by United States
citizens on the high seas. NOAA, the agency that implements and
enforces MMPA, defines a ``marine mammal'' as any species of
dolphin, porpoises, whales, seals, and sea lions. During the
2013 hearing, Mr. Norman discussed how MMPA increased sea lion
populations and impacts on fish:
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\2\Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 et seq.
The effects of certain natural predators of salmon in
the [Lower Columbia River] basin has increased
dramatically from historic levels . . . due to
increased numbers of predators due to various
protection measures, including the Marine Mammal
Protection Act . . . The U.S. California sea lion
population has rebounded since the MMPA was enacted and
is now estimated at nearly 310,000 animals . . . Male
California sea lions have learned a new behavior, with
many of the animals swimming 145 miles up the Columbia
River in the winter and spring to prey on threatened
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adult salmon. . . .
Currently, section 120 of MMPA allows States to apply to
the Secretary of Commerce for intentional lethal taking of
specific ``individually identifiable'' predator seals and sea
lions that are having a significant negative impact on ESA-
listed salmon stocks. NOAA authorized the States of Oregon,
Washington and Idaho to permanently remove some sea lions in
2008. While 73 sea lions have been removed under this
authority, some--including Oregon, Washington, Idaho and the
Columbia River tribes--believe that the current federal
application process needs an update to be more effective.
The history of repetitive litigation challenges by certain
groups surrounding issuance of these permits and the permit
requirement are some reasons cited for H.R. 564's introduction.
As Mr. Norman further indicated in his testimony, ``[T]he
conditions associated with the current requirements of section
120 of the Marine Mammal Protection Act are challenging and
expensive to implement, limited in scope, and legal challenges
have slowed the progress in reducing impacts to salmon.'' In
addition, tribal requests to be eligible entities under section
120 of the MMPA are further reasons for the bill.
H.R. 564, as amended, clarifies the authority and
streamlines the process afforded to the Secretary of Commerce
under section 120 of the MMPA to allow for lethal take of sea
lion populations that are decimating ESA-listed salmon,
steelhead and other non-listed species in the Lower Columbia
River. The legislation includes a National Environmental Policy
Act\3\ (NEPA) exemption. However, a CRITFC witness testified in
a 2011 hearing on a nearly identical bill that, ``the [NEPA]
exemption is necessary to give the fishery managers the ability
to respond swiftly to avoid extraordinary delay that puts the
species, our investments, and our livelihood at risk.''
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\3\National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq.
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CRITFC, the Coastal Conservation Association of Oregon, the
Washington State Department of Fish and Wildlife, the Oregon
State Department of Fish and Wildlife, the Idaho Department of
Fish and Game, and the Northwest River Partners, a coalition of
farmers, electric utility customers, ports and other
businesses, are among the bill's supporters.
Section-by-Section Analysis
Section 1. Short title
This section states the short title of the bill as the
``Endangered Salmon and Fisheries Predation Prevention Act.''
Section 2. Findings
This section lists a series of findings related to
protected species predation in the Lower Columbia River.
Section 3. Taking of sea lions on the Columbia River and its
tributaries to protect endangered and threatened species of
salmon and other non-listed fish species
This section amends section 120 of the MMPA (16 U.S.C.
1389) to authorize the Secretary of Commerce to issue permits
to eligible entities authorizing the intentional lethal take of
sea lions on the waters of the Columbia River and its
tributaries as long as the sea lions are part of a non-listed
ESA population. This section defines ``eligible entities'' as
the States of Washington, Oregon, and Idaho, as well as the
four Columbia River tribes, and the Columbia River Inter-Tribal
Fish Commission. Required permit holders exercising lethal
removal authority must be trained in wildlife management.
Each permit issued is active for one year from the date of
issuance and authorizes the take of up to ten sea lions.
Permits may be renewed for an additional year at the discretion
of the Secretary. This section, as amended, ensures that any
sea lions taken under this specialized, temporary permit
authority count toward the overall number of sea lions allowed
to be taken under all MMPA section 120 permits.
This section also states that NEPA does not apply with
respect to the issuance of any permit under the authority of
the bill during the five year period beginning on the date of
the enactment. Permitting authority created by the Act can
expire five years after enactment if the Secretary determines
that lethal removal authority is no longer necessary.
Section 4. Sense of Congress
This section states that it is the sense of the Congress
that preventing predation by sea lions on ESA-listed species of
fish is a priority and that federal funding for lethal and
nonlethal means of predator removal should continue.
Section 5. Treaty rights of federally recognized Indian tribes
This section states that the Act will not affect or modify
treaty rights of any federally recognized tribe.
Committee Action
H.R. 564 was introduced on January 27, 2015, by
Congresswoman Jaime Herrera Beutler (R-WA). The bill was
referred to the Committee on Natural Resources, and within the
Committee to the Subcommittee on Water, Power and Oceans. On
July 23, 2015, the Subcommittee on Water, Power and Oceans held
a hearing on the bill. On September 21, 2016, the Natural
Resources Committee met to consider the bill. The Subcommittee
was discharged by unanimous consent. Congressman Dan Newhouse
(R-WA) offered an amendment designated #1; it was adopted by
voice vote. Congressman Jared Huffman (D-CA) offered an
amendment designated 047; it was not adopted by a roll call
vote of 12 ayes to 18 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Alan S. Lowenthal (D-CA) offered an amendment
designated 001; it was not adopted by a roll call vote of 13
ayes to 18 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
No additional amendments were offered and the bill, as
amended, was ordered favorably reported to the House of
Representatives by a roll call vote of 17 ayes to 13 nays on
September 22, 2016, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation and the Congressional Budget Act of
1974. With respect to the requirements of clause 3(c)(2) and
(3) of rule XIII of the Rules of the House of Representatives
and sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the enclosed cost estimate for
the bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 14, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 564, the
Endangered Salmon and Fisheries Predation Prevention Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CEO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
H.R. 564--Endangered Salmon and Fisheries Predation Prevention Act
H.R. 564 would amend the Marine Mammal Protection Act of
1972 to authorize the National Oceanic and Atmospheric
Administration (NOAA) to issue permits that would allow states
and tribal entities in the Northwest United States to kill sea
lions in the Columbia River and its tributaries under certain
circumstances. Each permit would allow up to 10 sea lions a
year to be removed from populations that threaten species of
salmon and other fish listed as endangered or threatened under
the Endangered Species Act. Under the bill, individuals granted
permits to kill sea lions would need to be trained in wildlife
management.
Under current law, NOAA has the authority to issue permits
to kill certain marine mammals that threaten other species.
Based on information from the agency, CBO estimates that giving
NOAA the authority to issue such permits would have a
negligible effect on the federal budget. Enacting H.R. 564
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
CBO estimates that enacting that legislation would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
H.R. 546 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The bill would authorize the states of Washington, Oregon, and
Idaho, along with several tribal governments, to use lethal
force against sea lion predation of important Northwest fish
resources.
The CBO staff contact for this estimate is Robert Reese
(for federal costs) and Jon Sperl (for intergovernmental
mandates). The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Marine Mammal Protection
Act of 1972 to reduce predation on endangered Columbia River
salmon and other nonlisted species.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
MARINE MAMMAL PROTECTION ACT OF 1972
* * * * * * *
TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS
* * * * * * *
SEC. 120. PACIFIC COAST TASK FORCE; GULF OF MAINE.
(a) Pinniped Removal Authority.--Notwithstanding any other
provision of this title, the Secretary may permit the
intentional lethal taking of pinnipeds in accordance with this
section.
(b) Application.--(1) A State may apply to the Secretary to
authorize the intentional lethal taking of individually
identifiable pinnipeds which are having a significant negative
impact on the decline or recovery of salmonid fishery stocks
which--
(A) have been listed as threatened species or
endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
(B) the Secretary finds are approaching threatened
species or endangered species status (as those terms
are defined in that Act); or
te 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.
(c) Actions in Response to Application.--(1) Within 15 days
of receiving an application, the Secretary shall determine
whether the application has produced sufficient evidence to
warrant establishing a Pinniped-Fishery Interaction Task Force
to address the situation described in the application. If the
Secretary determines sufficient evidence has been provided, the
Secretary shall establish a Pinniped-Fishery Interaction Task
Force and publish a notice in the Federal Register requesting
public comment on the application.
(2) A Pinniped-Fishery Interaction Task Force established
under paragraph (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 and fishing community
organizations, Indian Treaty tribes, the States, and such other
organizations as the Secretary deems appropriate.
(3) Within 60 days after establishment, and after reviewing
public comments in response to the Federal Register notice
under paragraph (1), the Pinniped-Fishery Interaction Task
Force shall--
(A) recommend to the Secretary whether to approve or
deny the proposed intentional lethal taking 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, criteria for evaluating the
success of the action, and the duration of the
intentional lethal taking 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 Interaction Task Force, the Secretary shall
either approve or deny the application. If such application is
approved, the Secretary shall immediately take steps to
implement the intentional lethal taking, which shall be
performed by Federal or State agencies, or qualified
individuals under contract to such agencies.
(5) After implementation of an approved application, the
Pinniped-Fishery Interaction Task Force shall evaluate the
effectiveness of the permitted intentional lethal taking 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,
and the Secretary shall disband the Task Force.
(d) Considerations.--In considering whether an application
should be approved or denied, the Pinniped-Fishery Interaction
Task Force and the Secretary 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 shall not approve the
intentional lethal taking of any pinniped from a species or
stock that is--
(1) listed as a threatened species or endangered
species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(2) depleted under this Act; or
(3) a strategic stock.
[(f) California Sea Lions and Pacific Harbor Seals;
Investigation and Report.--
[(1) The Secretary shall engage in a scientific
investigation to determine whether California sea lions
and Pacific harbor seals--
[(A) are having a significant negative impact
on the recovery of salmonid fishery stocks
which have been listed as endangered species or
threatened species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), or which
the Secretary finds are approaching such
endangered species or threatened species
status; or
[(B) are having broader impacts on the
coastal ecosystems of Washington, Oregon, and
California.
The Secretary shall conclude this investigation and
prepare a report on its results no later than October
1, 1995.
[(2) Upon completion of the scientific investigation
required under paragraph (1), the Secretary shall enter
into discussions with the Pacific States Marine
Fisheries Commission, on behalf of the States of
Washington, Oregon, and California, for the purpose of
addressing any issues or problems identified as a
result of the scientific investigation, and to develop
recommendations to address such issues or problems. Any
recommendations resulting from such discussions shall
be submitted, along with the report, to the Committee
on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
[(3) The Secretary shall make the report and the
recommendations submitted under paragraph (2) available
to the public for review and comment for a period of 90
days.
[(4) There are authorized to be appropriated to the
Secretary such sums as are necessary to carry out the
provisions of this subsection.
[(5) The amounts appropriated under section 308(c) of
the Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4107(c)) and allocated to the Pacific States
Marine Fisheries Commission may be used by the
Commission to participate in discussions with the
Secretary under paragraph (2).]
(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 authorizing the intentional
lethal taking on the waters of the Columbia River and
its tributaries of sea lions that are part of a
population that is not categorized as depleted under
this Act or listed as an endangered species or
threatened species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), to protect endangered
and threatened species of salmon and other nonlisted
fish species.
(2) Permit process.--
(A) In general.--An eligible entity may apply
to the Secretary for a permit under this
subsection.
(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.
(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.
(3) Limitations.--
(A) Limitation on permit authority.--Subject
to subparagraph (B), a permit issued under this
subsection shall not authorize the lethal
taking of more than 10 sea lions during the
duration of the permit.
(B) Limitation on annual takings.--The
cumulative number of sea lions authorized to be
taken each year under all permits in effect
under this section shall not exceed one percent
of the annual potential biological removal
level.
(4) Delegation of permit authority.--Any eligible
entity may delegate to any other eligible entity the
authority to administer its permit authority under this
subsection.
(5) 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.
(6) Suspension of permitting authority.--If, 5 years
after enactment, 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, may suspend the issuance of permits under
this subsection.
(7) 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, and
the Columbia River Inter-Tribal Fish Commission.
(8) Training in wildlife management.--Permit holders
exercising lethal removal authority pursuant to this
Act shall be trained in wildlife management.
(g) Regionwide Pinniped-Fishery Interaction Study.--
(1) The Secretary may conduct a study, of not less
than three high predation areas in anadromous fish
migration corridors within the Northwest Region of the
National Marine Fisheries Service, on the interaction
between fish and pinnipeds. In conducting the study,
the Secretary shall consult with other State and
Federal agencies with expertise in pinniped-fishery
interaction. The study shall evaluate--
(A) fish behavior in the presence of
predators generally;
(B) holding times and passage rates of
anadromous fish stocks in areas 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 considers
relevant.
(2) Subject to the availability of appropriations,
the Secretary 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 of the House of Representatives.
(3) The study conducted under this subsection may not
be used by the Secretary as a reason for delaying or
deferring a determination or consideration under
subsection (c) or (d).
(h) Gulf of Maine Task Force.--The Secretary shall establish
a Pinniped-Fishery Interaction Task Force to advise the
Secretary 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 the date of
enactment of this section, the Secretary shall after notice and
opportunity for public comment submit to the Committee on
Merchant Marine and Fisheries 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 the Federal Advisory
Committee Act (5 App. U.S.C.).
(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
117 shall prevent the Secretary from publishing a stock
assessment for Gulf of Maine harbor porpoise in an expedited
fashion.
(2) In developing and implementing a take reduction plan
under section 118 for Gulf of Maine harbor porpoise, the
Secretary shall consider all actions already taken to reduce
incidental mortality and serious injury of such stock, and may,
based on the recommendations of the take reduction team for
such stock, modify the time period required for compliance with
section 118(f)(5)(A), but in no case may such modification
extend the date of compliance beyond April 1, 1997.
* * * * * * *
DISSENTING VIEWS
H.R. 564, the Endangered Salmon and Fisheries Predation
Prevention Act, would amend the Marine Mammal Protection Act
(MMPA) to authorize the Secretary of Commerce to issue annual
permits to Washington, Oregon, Idaho, five tribal groups (Nez
Perce, Umatilla, Warm Springs, Yakama), and the Columbia River
Inter-Tribal Fish Commission to kill sea lions. The bill's
stated intent is to reduce the effect of predation by sea lions
on salmon listed under the Endangered Species Act (ESA), as
well as any non-litsted fish, including non-native species.
H.R. 564 targets the threat that fish face from predation
by marine mammals, specifically sea lions, but does not address
far more significant factors which impact endangered salmon or
non-listed fish. Other threats to ESA-listed salmon and non-
listed fish in the Columbia River include hydropower
development and habitat loss, fishing pressure, interactions
with hatchery fish, climate change, pesticides, and predation
by fish and wildlife other than sea lions. In reality, sea lion
predation represents a very small proportion of total salmon
mortality, and the current lethal take authorization permitted
under the MMPA is sufficient.
Under H.R. 564, as many as 92 sea lions could be taken in a
year, but take would not be limited to the `bottleneck' area
immediately below the Bonneville Dam as it is now. H.R. 564
also waives Section 102(2)(c) of the National Environmental
Policy Act (NEPA) which would eliminate the requirement that
the Secrtary consider the environmental impacts associated with
the permit and alternatives to the permitted action.
By not limiting the bill's scope to threatened and
endangered salmon and steelhead runs, the Majority opens up the
possibility that sea lions could be killed for eating invasive
species such as smallmouth, largemouth and striped bass,
walleye, and northern pike, all of which NOAA recognizes as
threats to Columbia River salmon. While such action might
garner the support of recreational anglers who target those
species, it certainly would not benefit salmon.
Water, Power, and Oceans Subcommittee Ranking Member
Huffman offered an amendment to place reasonable limits on the
authority contained in the bill, and Energy and Mineral
Resources Subcommittee Ranking Member Lowenthal offered an
amendment requiring that, before any new lethal take permits
may be issued, the Secretary must publish a determination that
adequate fish passage exist at all dams in the Columbia River
Basin. Republicans defeated both amendments.
H.R. 564, if enacted, woudl not address the real threats
faced by endangered salmon and non-listed species, but would
needlessly target sea lions, which are a native and critical
part of the Columbia River ecosystem. For these reasons, we
oppose H.R. 564 as reported.
Raul M. Grijalva,
Ranking Member, Committee on
Natural Resources.
Grace F. Napolitano.
Jared Huffman.
Jared Polis.
Alan Lowenthal.
[all]