Sec. 4. Taking of Sea Lions on the Columbia River and its Tributaries to Protect Endangered Species and Threatened Species of Salmon and Other Nonlisted Fish Species
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Section 120(f) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1389(f) ) is amended to read as follows: In this subsection: The term eligible entity means— 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.
With respect to a pinniped, the term individually identifiable means any pinniped located— upstream of river mile 112 of the Columbia River; or in any tributary that contains spawning habitat of threatened or endangered salmon or steelhead. Notwithstanding any other provision of this Act, the Secretary may issue a permit to an eligible entity to authorize the intentional lethal taking of individually identifiable sea lions that are part of a population that is not depleted, on the Columbia River and its tributaries 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 fish species that are not listed as threatened species or endangered species under that Act.
An eligible entity may apply to the Secretary for a permit under this subsection. Not later than 30 days after the Secretary receives an application for a permit under subparagraph (A), the Secretary shall approve or deny the application for a permit under this subsection. A permit issued under this subsection— shall be effective for not more than 1 year after the date on which the permit is issued; and may be renewed by the Secretary. Subject to subparagraph (B), a permit issued under this subsection shall not authorize the lethal taking of more than 100 sea lions during the permit period.
The cumulative number of sea lions authorized to be taken each calendar year under all permits in effect under this subsection shall not exceed 10 percent of the annual potential biological removal level. Each permit holder that exercises lethal removal authority pursuant to this subsection shall be trained in natural resource management. An eligible entity may delegate to any other eligible entity the authority to administer a permit under this subsection. 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 the Endangered Salmon and Fisheries Predation Prevention Act .
The Secretary may suspend the issuance of permits under this subsection if, within 5 years after the date of the enactment of the Endangered Salmon and Fisheries Predation Prevention Act , after consultation with State and tribal fishery managers, the Secretary determines that lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation. .
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Sec. 4
Taking of Sea Lions on the Columbia River and its Tributaries to Protect Endangered Species and Threatened Species of Salmon and Other Nonlisted Fish Species
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