Northwest Endangered Salmon Predation Prevention Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9621 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9621

  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.

_______________________________________________________________________

                    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.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northwest Endangered Salmon
Predation Prevention Act of 2026''.

SEC. 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).
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