HouseH.R. 9621119th Congress
Northwest Endangered Salmon Predation Prevention Act of 2026
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[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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