H.R. 9621

119 HR 9621 IH: Northwest Endangered Salmon Predation Prevention Act of 2026
 U.S. House of Representatives
 2026-07-09
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 I  119th CONGRESS  2d Session  H. R. 9621  IN THE HOUSE OF REPRESENTATIVES   July 9, 2026   Mr. Baumgartner  (for himself and  Ms. Randall ) introduced the following bill; which was referred to the  Committee on Natural Resources    A BILL
To amend the Marine Mammal Protection Act of 1972 to allow for the taking of pinnipeds on the Columbia River, its tributaries, 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 fish, and for other purposes.
1.
Short title
This Act may be cited as the   Northwest Endangered Salmon Predation Prevention Act of 2026  .
2.
Adaptive pinniped management
(a)
In general
Section 120 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1389 ) is amended—
(1)
in subsection (f)—
(A)
in the heading, by striking
Temporary   and inserting
Provide adaptively managed  ;
(B)
by striking  sea lions  each place it appears and inserting  pinnipeds ;
(C)
by striking  sea lion  each place it appears and inserting  pinniped ;
(D)
in paragraph (4), to read as follows:
(4)
Requirements
Intentional lethal takings under this subsection shall be carried out—
(A)
in a manner the Secretary, in consultation with eligible entities, determines appropriate; and
(B)
in accordance with each term and condition included in the applicable permit issued under this subsection.
 ;
(E)
in paragraph (5), to read as follows:
(5)
Suspension of permitting authority; report
(A)
Suspension of permitting authority
If, 5 years after the date of the enactment of the  Northwest Endangered Salmon Predation Prevention Act of 2026 , 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.
(B)
Report
Not later than 1 year after the date of the enactment of the  Northwest Endangered Salmon Predation Prevention Act of 2026  and annually thereafter, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—
(i)
the population status of pinnipeds in the Columbia River and its tributaries in the States of Washington and Oregon; and
(ii)
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 1973 ( 16 U.S.C. 1531 et seq. ).
 ;
(F)
in paragraph (6)—
(i)
in subparagraph (A)—
(I)
in clause (i), by striking  , from river mile 112 to the McNary Dam ; and
(II)
in clause (ii), by striking  from river mile 112 to the McNary Dam ;
(ii)
in subparagraph (B)—
(I)
by striking  above river mile 112 and below McNary Dam ; and
(II)
by striking  above Bonneville Dam and below McNary Dam ; and
(iii)
in subparagraph (C)—
(I)
by striking  above river mile 112 and below McNary Dam ; and
(II)
by striking  above Bonneville Dam and below McNary Dam ;
(G)
in paragraph (7), by striking  upstream of river mile 112 and downstream of McNary Dam,  and inserting  in the Columbia River ;
(H)
in paragraph (8), by striking  upstream of river mile 112 and downstream of McNary Dam, ; and
(I)
by adding at the end the following:
(10)
Columbia River Pinniped Exclusion Technology Accelerator
(A)
In general
Subject to the availability of appropriations, the Secretary, in coordination with the Secretary of the Interior and the governors of the States of Oregon, Washington, and Idaho, shall establish and maintain within the National Marine Fisheries Service a program to be known as the  Columbia River Pinniped Exclusion Technology Accelerator .
(B)
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—
(i)
prevents a majority of pinnipeds from proceeding upstream into—
(I)
habitat of salmon and other anadromous fish; and
(II)
brackish and freshwater environments that support juvenile salmonid outmigration;
(ii)
does not impede commercial, recreational, or Tribal navigation; and
(iii)
does not affect the migration, passage, or movement of species of salmon or other anadromous fish.
  ; and
(2)
by adding at the end the following:
(k)
Intentional lethal take by certain entities of certain pinnipeds in certain waters in State of Washington
(1)
In general
(A)
Issuance of permits
Notwithstanding any other provision of this Act, 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 fish.
(B)
Permit procedures
The Secretary shall establish procedures to coordinate issuance of permits under subparagraph (A), including with respect to—
(i)
application procedures and timelines;
(ii)
delegation and revocation of permits to and between eligible entities;
(iii)
monitoring;
(iv)
periodic review; and
(v)
geographic, seasonal take, and species-specific considerations.
(2)
Requirements
Subject to paragraph (3), 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 (1) only—
(A)
in a manner the Secretary, in consultation with eligible entities, determines appropriate; and
(B)
in accordance with each term and condition included in the permit.
(3)
Humane methods
Intentional lethal takings under this subsection shall be—
(A)
humane; and
(B)
implemented by—
(i)
State agencies;
(ii)
qualified individuals under contract to such agencies; or
(iii)
individuals employed by eligible entities.
(4)
Delegation authority
The Secretary, upon the request of an eligible entity that is issued a permit under paragraph (1), 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 paragraph.
(5)
Term
A permit issued under paragraph (1)—
(A)
shall be effective for a period of not more than 5 years; and
(B)
may be renewed by the Secretary.
(6)
Suspension of permitting authority
(A)
In general
If, after the 5-year period beginning on the date of the enactment of the  Northwest Endangered Salmon Predation Prevention Act of 2026 , 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.
(B)
Report
Not later than 1 year after the date of the enactment of the  Northwest Endangered Salmon Predation Prevention Act of 2026  and annually thereafter, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—
(i)
the population status of pinnipeds in covered waters; and
(ii)
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 1973 ( 16 U.S.C. 1531 et seq. ).
(7)
Limitations on annual takings
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 covered 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 covered pinnipeds.
(8)
Definitions
In this subsection:
(A)
Covered fish
The term  covered fish  means an individual of a species of—
(i)
salmon, steelhead, or euchalon that is listed as an endangered species or a threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or
(ii)
fish that is a species of concern.
(B)
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 Washington.
(C)
Covered pinniped
The term  covered pinniped  means a harbor seal ( Phoca vitulina ), California sea lion ( Zalophus califonianus ), or Steller sea lion ( Eumetopias jubatus ) that is part of a population or stock that is not categorized under this Act as depleted or strategic.
(D)
Covered waters
The term  covered waters —
(i)
means each river and stream in the State of Washington that flows into the marine waters of the State, including—
(I)
estuaries and bays attendant or adjacent to such marine waters;
(II)
the Puget Sound; and
(III)
the Pacific Coast of the State; and
(ii)
does not include the—
(I)
Columbia River; or
(II)
any tributary of the Columbia River.
(E)
Eligible entity
The term  eligible entity  means—
(i)
the State of Washington; and
(ii)
each covered Indian Tribe.
 .
(b)
Study; report
(1)
Study
The Secretary, acting through the Director of the National Marine Fisheries Service, in consultation with the eligible entities and heads of Federal agencies the Secretary determines appropriate, shall carry out a study regarding the effect of actions authorized by section 120(f) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1389(f) ), as amended by this section, on the recovery of species of salmon and steelhead that are listed as endangered species or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) in the mainstem and tributaries of the Columbia River in the States of Washington and Oregon.
(2)
Report
Not later than 10 years after the date of the enactment of this section, the Secretary, acting through the Director of the National Marine Fisheries Service, in consultation with the eligible entities and heads of Federal agencies the Secretary determines appropriate, shall submit to Congress a report regarding the results of the study carried out under paragraph (1).
(c)
Regulations
The Secretary may issue such regulations as are necessary to carry out this section, including the amendments made by this section.
(d)
Rule of construction
Nothing in this Act or the amendments made by this Act may be construed to enlarge, confirm, adjudicate, modify, or otherwise affect any treaty or other right of an Indian Tribe.
(e)
Definitions
In this section:
(1)
Eligible entity
The term  eligible entity  has the meaning given the term in section 120(f)(6)(A) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1389(f)(6)(A) ), as amended by this section.
(2)
Indian Tribe
The term  Indian Tribe  has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).
(3)
Secretary
The term  Secretary  has the meaning given the term in section 3 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1362 ).