[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5089 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5089

To enable the Great Lakes Fishery Commission to investigate effects of 
 migratory birds on sustained productivity of stocks of fish of common 
                      concern in the Great Lakes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2006

  Mr. Stupak introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To enable the Great Lakes Fishery Commission to investigate effects of 
 migratory birds on sustained productivity of stocks of fish of common 
                      concern in the Great Lakes.

    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 ``Great Lakes Migratory Bird Research 
and Management Act''.

SEC. 2. AUTHORITY OF GREAT LAKES FISHERY COMMISSION TO INVESTIGATE 
              IMPACTS OF MIGRATORY BIRDS ON SUSTAINED PRODUCTIVITY OF 
              STOCKS OF FISH OF COMMON CONCERN IN THE GREAT LAKES.

    (a) Authority Under Great Lakes Fishery Act of 1956.--The Great 
Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.) is amended by 
inserting after section 4 the following:

``SEC. 5. AUTHORITY OF COMMISSION TO INVESTIGATE MIGRATORY BIRDS AND 
              FACILITATE MANAGEMENT PROGRAMS.

    ``(a) In General.--The Commission may carry out activities relating 
to investigation of migratory bird depredation on commercial fisheries 
and sport fisheries in the Great Lakes, including--
            ``(1) development of a coordinated program of research on 
        the impact of migratory birds on fishery stocks in the Great 
        Lakes;
            ``(2) recommendation of measures to permit maximum 
        sustained productivity of those fishery stocks;
            ``(3) development of control and management protocols to be 
        applied by cooperating State, Provincial, tribal, First Nation, 
        and United States and Canadian Federal agencies with migratory 
        bird management authority;
            ``(4) incorporation of control and management protocols 
        into a common Memorandum of Understanding regarding the 
        requirements for determination of necessity to control a 
        migratory bird population, documentation of measures taken to 
        preclude non-target species mortality, requirements for 
        assessment of control effectiveness, and documentation of 
        control results; and
            ``(5) ratification of the Memorandum of Understanding with 
        cooperating State, Provincial, tribal, First Nation, and United 
        States and Canadian Federal agencies with migratory bird 
        management authority, including the issuance of permits under 
        authority delegated to the Commission under subsection (c) of 
        section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704).
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission $3,500,000 for activities of the 
Commission under this section. Further, there are authorized to be 
annually appropriated to the Commission $2,000,000 for migratory bird 
management activities to be conducted by State, Provincial, tribal, 
First Nation, and United States and Canadian Federal agencies with 
migratory bird management authority and signatory to the Memorandum of 
Understanding.''.
    (b) Authority Under Migratory Bird Treaty Act.--Section 3 of the 
Migratory Bird Treaty Act (16 U.S.C. 704) is amended by adding at the 
end the following:
    ``(c) Issuance of Permits.--
            ``(1) In general.--Upon request by the Great Lakes Fishery 
        Commission, the Secretary shall issue permits to cooperating 
        State, Provincial, Tribal, First Nation, and United States and 
        Canadian Federal agencies with migratory bird management 
        authority, and signatory to a Memorandum of Understanding with 
        the Great Lakes Fishery Commission, to manage and take 
        migratory birds, for the purpose of control of depredation by 
        migratory birds on commercial fisheries and sport fisheries in 
        the Great Lakes.
            ``(2) Commission defined.--In this section, the term `Great 
        Lakes Fishery Commission' means the commission provided for by 
        article II of the Convention on Great Lakes Fisheries between 
        the United States of America and Canada, signed September 10, 
        1954.''.
                                 <all>