,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ifba ,,in ,,the ,,house ,,of ,,representatives ,july #i1 #bjbf,mr4 ,baumgartner 7for himself and ,ms4 ,randall7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,marine ,mammal ,protection ,act of #aigb to allow for the taking of pinnipeds on the ,columbia ,river1 its tributaries1 and the waters of the ,state of ,washington to protect species of salmon listed as endangered species or threatened species and other nonlisted species of fish1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,northwest ,endangered ,salmon ,predation ,prevention ,act of #bjbf4 #b4 ,adaptive pinniped management 7a7 ,in general ,section #abj of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #achi7 is amended-- 7#a7 in subsection 7f7-- 7,a7 in the heading1 by striking ,temporary and inserting ,provide adaptively managed2 7,b7 by striking sea lions each place it appears and inserting pinnipeds2 7,c7 by striking sea lion each place it appears and inserting pinniped2 7,d7 in paragraph 7#d71 to read as follows3 7#d7 ,requirements ,intentional lethal takings under this subsection shall be carried out-- 7,a7 in a manner the ,secretary1 in consultation with eligible entities1 determines appropriate2 and 7,b7 in accordance with each term and condition included in the applicable permit issued under this subsection4 2 7,e7 in paragraph 7#e71 to read as follows3 7#e7 ,suspension of permitting authority2 report 7,a7 ,suspension of permitting authority ,if1 #e years after the date of the enactment of the ,northwest ,endangered ,salmon ,predation ,prevention ,act of #bjbf1 the ,secretary1 after consulting with ,state and tribal fishery managers1 determines that lethal removal authority is no longer necessary to protect salmonid and other fish species from pinniped predation1 the ,secretary shall suspend the issuance of permits under this subsection4 7,b7 ,report ,not later than #a year after the date of the enactment of the ,northwest ,endangered ,salmon ,predation ,prevention ,act of #bjbf and annually thereafter1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report detailing-- 7i7 the population status of pinnipeds in the ,columbia ,river and its tributaries in the ,states of ,washington and ,oregon2 and 7ii7 the extent to which predation by such pinnipeds on salmonid and other fish species are preventing the recovery of such species that are listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 2 7,f7 in paragraph 7#f7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by striking 1 from river mile #aab to the ,mc,nary ,dam2 and 7,,ii7 in clause 7ii71 by striking from river mile #aab to the ,mc,nary ,dam2 7ii7 in subparagraph 7,b7-- 7,i7 by striking above river mile #aab and below ,mc,nary ,dam2 and 7,,ii7 by striking above ,bonneville ,dam and below ,mc,nary ,dam2 and 7iii7 in subparagraph 7,c7-- 7,i7 by striking above river mile #aab and below ,mc,nary ,dam2 and 7,,ii7 by striking above ,bonneville ,dam and below ,mc,nary ,dam2 7,g7 in paragraph 7#g71 by striking upstream of river mile #aab and downstream of ,mc,nary ,dam1 and inserting in the ,columbia ,river2 7,h7 in paragraph 7#h71 by striking upstream of river mile #aab and downstream of ,mc,nary ,dam12 and 7,i7 by adding at the end the following3 7#aj7 ,columbia ,river ,pinniped ,exclusion ,technology ,accelerator 7,a7 ,in general ,subject to the availability of appropriations1 the ,secretary1 in coordination with the ,secretary of the ,interior and the governors of the ,states of ,oregon1 ,washington1 and ,idaho1 shall establish and maintain within the ,national ,marine ,fisheries ,service a program to be known as the ,columbia ,river ,pinniped ,exclusion ,technology ,accelerator4 7,b7 ,purpose ,the purpose of the ,columbia ,river ,pinniped ,exclusion ,technology ,accelerator is to stimulate innovation in the development of pinniped exclusion technology applicable to the mainstem of the ,columbia ,river and its tributaries in the ,states of ,washington and ,oregon that-- 7i7 prevents a majority of pinnipeds from proceeding upstream into-- 7,i7 habitat of salmon and other anadromous fish2 and 7,,ii7 brackish and freshwater environments that support juvenile salmonid outmigration2 7ii7 does not impede commercial1 recreational1 or ,tribal navigation2 and 7iii7 does not affect the migration1 passage1 or movement of species of salmon or other anadromous fish4 2 and 7#b7 by adding at the end the following3 7k7 ,intentional lethal take by certain entities of certain pinnipeds in certain waters in ,state of ,washington 7#a7 ,in general 7,a7 ,issuance of permits ,notwithstanding any other provision of this ,act1 an eligible entity may apply to the ,secretary for a permit issued under this subsection and the ,secretary may issue permits to eligible entities to authorize the intentional lethal taking on covered waters by such eligible entities of covered pinnipeds for the purpose of protecting covered fish4 7,b7 ,permit procedures ,the ,secretary shall establish procedures to coordinate issuance of permits under subparagraph 7,a71 including with respect to-- 7i7 application procedures and timelines2 7ii7 delegation and revocation of permits to and between eligible entities2 7iii7 monitoring2 7iv7 periodic review2 and 7v7 geographic1 seasonal take1 and species-specific considerations4 7#b7 ,requirements ,subject to paragraph 7#c71 an eligible entity may carry out an intentional lethal taking of a covered pinniped pursuant to a permit issued to the eligible entity under paragraph 7#a7 only-- 7,a7 in a manner the ,secretary1 in consultation with eligible entities1 determines appropriate2 and 7,b7 in accordance with each term and condition included in the permit4 7#c7 ,humane methods ,intentional lethal takings under this subsection shall be-- 7,a7 humane2 and 7,b7 implemented by-- 7i7 ,state agencies2 7ii7 qualified individuals under contract to such agencies2 or 7iii7 individuals employed by eligible entities4 7#d7 ,delegation authority ,the ,secretary1 upon the request of an eligible entity that is issued a permit under paragraph 7#a71 may allow such eligible entity to delegate to any other eligible entity its authority under such permit with respect to the intentional lethal taking on covered waters of covered pinnipeds for the purpose described in that paragraph4 7#e7 ,term ,a permit issued under paragraph 7#a7-- 7,a7 shall be effective for a period of not more than #e years2 and 7,b7 may be renewed by the ,secretary4 7#f7 ,suspension of permitting authority 7,a7 ,in general ,if1 after the #e-year period beginning on the date of the enactment of the ,northwest ,endangered ,salmon ,predation ,prevention ,act of #bjbf1 the ,secretary1 after consulting with ,state and tribal fishery managers1 determines that lethal removal authority is no longer necessary to protect salmonid and other fish species from pinniped predation1 the ,secretary shall suspend the issuance of permits under this subsection4 7,b7 ,report ,not later than #a year after the date of the enactment of the ,northwest ,endangered ,salmon ,predation ,prevention ,act of #bjbf and annually thereafter1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report detailing-- 7i7 the population status of pinnipeds in covered waters2 and 7ii7 the extent to which predation by such pinnipeds on salmonid and other fish species are preventing the recovery of such species that are listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#g7 ,limitations on annual takings ,the ,secretary shall apply the process for determining limitations on annual take of sea lions under subsection 7c7 to determinations on limitations under this subsection1 and the cumulative number of covered pinnipeds authorized to be taken each year under all permits in effect under this subsection shall not exceed #aj percent of the annual potential biological removal level for covered pinnipeds4 7#h7 ,definitions ,in this subsection3 7,a7 ,covered fish ,the term covered fish means an individual of a species of-- 7i7 salmon1 steelhead1 or euchalon that is listed as an endangered species or a threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7ii7 fish that is a species of concern4 7,b7 ,covered ,indian ,tribe ,the term covered ,indian ,tribe means each federally recognized ,indian ,tribe with treaty-reserved fishing rights in the western portion of the ,state of ,washington4 7,c7 ,covered pinniped ,the term covered pinniped means a harbor seal 7,phoca vitulina71 ,california sea lion 7,zalophus califonianus71 or ,steller sea lion 7,eumetopias jubatus7 that is part of a population or stock that is not categorized under this ,act as depleted or strategic4 7,d7 ,covered waters ,the term covered waters-- 7i7 means each river and stream in the ,state of ,washington that flows into the marine waters of the ,state1 including-- 7,i7 estuaries and bays attendant or adjacent to such marine waters2 7,,ii7 the ,puget ,sound2 and 7,,iii7 the ,pacific ,coast of the ,state2 and 7ii7 does not include the-- 7,i7 ,columbia ,river2 or 7,,ii7 any tributary of the ,columbia ,river4 7,e7 ,eligible entity ,the term eligible entity means-- 7i7 the ,state of ,washington2 and 7ii7 each covered ,indian ,tribe4 4 7b7 ,study2 report 7#a7 ,study ,the ,secretary1 acting through the ,director of the ,national ,marine ,fisheries ,service1 in consultation with the eligible entities and heads of ,federal agencies the ,secretary determines appropriate1 shall carry out a study regarding the effect of actions authorized by section #abj7;f7 of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #achi7;f771 as amended by this section1 on the recovery of species of salmon and steelhead that are listed as endangered species or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 in the mainstem and tributaries of the ,columbia ,river in the ,states of ,washington and ,oregon4 7#b7 ,report ,not later than #aj years after the date of the enactment of this section1 the ,secretary1 acting through the ,director of the ,national ,marine ,fisheries ,service1 in consultation with the eligible entities and heads of ,federal agencies the ,secretary determines appropriate1 shall submit to ,congress a report regarding the results of the study carried out under paragraph 7#a74 7c7 ,regulations ,the ,secretary may issue such regulations as are necessary to carry out this section1 including the amendments made by this section4 7d7 ,rule of construction ,nothing in this ,act or the amendments made by this ,act may be construed to enlarge1 confirm1 adjudicate1 modify1 or otherwise affect any treaty or other right of an ,indian ,tribe4 7e7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity has the meaning given the term in section #abj7;f77#f77;,a7 of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #achi7;f77#f77;,a771 as amended by this section4 7#b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,secretary ,the term ,secretary has the meaning given the term in section #c of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfb74