Taking of pinnipeds 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 and 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 pinnipeds 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 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)

Deadline for consideration 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 for coordination among eligible entities, including application procedures and timelines, geographic and species-specific considerations, and monitoring and periodic review. (D)

Duration of permit

A permit under this subsection shall be effective for not more than 5 years and may be renewed by the Secretary. (3)

Limitations on annual takings

The process for determining limitations on annual take of pinnipeds will follow the process established in subsection (c) and the cumulative number of pinnipeds 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 pinnipeds. (4)

Qualified individuals

Intentional lethal takings under this subsection shall be humane and shall 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 and Fisheries 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 pinniped predation, the Secretary shall suspend the issuance of permits under this subsection. (6)

Eligible entity defined

(A)

In general

(i)

Definition

In this subsection, subject to subparagraph (B), the term eligible entity means— (I)with respect to removal in the mainstem of the Columbia River and its tributaries, the State of Washington, the State of Oregon, and the State of Idaho; (II)with respect to removal in the mainstem of the Columbia River and its tributaries, 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 Intertribal Fish Commission; and (ii)

Delegation authority

The Secretary may allow an eligible entity described in clause (i)(II) to delegate its authority under a permit under this subsection to any entity described in clause (i)(II). (B)

Additional eligibility

(i)

In general

Subject to the approval of the Secretary and in consultation with the Indian Tribes in subparagraph (A)(i)(II)— (I)the State of Washington may enter into a memorandum of understanding with the Cowlitz Indian Tribe for deterrence and removal of sea lions on the Cowlitz River. (II)the State of Oregon may enter into a memorandum of understanding with the Confederated Tribes of the Grand Ronde Community of Oregon and the Confederated Tribes of Siletz Indians of Oregon for deterrence and removal of sea lions on the Willamette River. (ii)

Considerations

In determining eligibility under this subparagraph, the Secretary shall consider the capacity of each Indian tribe to manage wildlife to meet the requirements of this Act. (7)

Individual exception

For purposes of this section, any pinniped located upstream of Columbia River river mile 112, 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 section, any pinniped located in the mainstem of the Columbia River upstream of river mile 112, 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 on the decline or recovery of salmonid fishery stocks described in 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).