II 109th CONGRESS 2d Session S. 3605 IN THE SENATE OF THE UNITED STATES June 29, 2006 Mr. Levin (for himself and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To enable the Great Lakes Fishery Commission to investigate the effects of migratory birds on sustained productivity of stocks of fish of common concern in the Great Lakes.

1.

Short title

This Act may be cited as the Great Lakes Migratory Bird Research and Management Act.

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 (16 U.S.C. 933) the following:

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)developing a coordinated program of research on the impact of migratory birds on fishery stocks in the Great Lakes; (2)recommending measures to permit the maximum sustained productivity of fishery stocks in the Great Lakes; (3)developing control and management protocols to be applied by— (A)a cooperating Federal, State, or tribal agency of the United States with migratory bird management authority; and (B)a cooperating Federal, Provincial, or First Nation agency of Canada with migratory bird management authority; (4)incorporating control and management protocols into a common memorandum of understanding relating to the requirements for— (A)determining the necessity to control a migratory bird population; (B)documenting the measures taken to preclude non-target species mortality; (C)assessing control effectiveness; and (D)documenting control results; and (5)ratifying the memorandum of understanding (including the issuance of permits under authority delegated to the Commission under section 3(c) of the Migratory Bird Treaty Act (16 U.S.C. 704(c)) by an agency described in paragraph (3). (b)

Consultation

In carrying out the activities described in subsection (a), the Commission shall consult with the Department of the Interior. (c)

Authorization of appropriations

There is authorized to be appropriated to the Commission to carry out this section $5,500,000 for fiscal year 2007 and each fiscal year thereafter, of which not less than $1,000,000 shall be used each fiscal year for migratory bird management activities to be conducted by an agency that is a signatory to the memorandum of understanding described in subsection (a).

. (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)

Definition of Great Lakes Fishery Commission

In this subsection, the term Great Lakes Fishery Commission means the commission established under article II of the Convention on Great Lakes Fisheries, signed at Washington September 10, 1954 (6 UST 2836; TIAS 3326), between the United States and Canada. (2)

Issuance

On the request of the Great Lakes Fishery Commission, the Secretary shall issue a permit to— (A)a cooperating Federal, State, or tribal agency of the United States that is a signatory to a memorandum of understanding with the Great Lakes Fishery Commission; and (B)a cooperating Federal, Provincial, or First Nation agency of Canada that is a signatory to a memorandum of understanding with the Great Lakes Fishery Commission. (3)

Purpose of permits

A recipient of a permit issued under paragraph (2) shall be authorized to manage and take migratory birds for the purpose of controlling migratory bird depredation on commercial fisheries and sport fisheries in the Great Lakes. .