[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3074 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3074

   To amend the Migratory Bird Treaty Act to delegate to States the 
   authorities of the Secretary of the Interior under that Act with 
             respect to cormorants, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 3, 2011

Mr. Kline (for himself and Mr. Peterson) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Migratory Bird Treaty Act to delegate to States the 
   authorities of the Secretary of the Interior under that Act with 
             respect to cormorants, 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 ``Cormorant Management and Natural 
Resources Protection Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The current permitting system is not sufficient to 
        achieve a streamlined control of excessive cormorant 
        populations.
            (2) Excessive cormorant populations cause damage to 
        ecosystems.
            (3) Excessive cormorant populations pose public health and 
        safety concerns.
            (4) Excessive cormorant populations pose an unsightly, 
        loud, and olfactory nuisance.
            (5) Excessive cormorant populations can have a detrimental 
        effect on fish populations.
            (6) Excessive cormorant populations displace native species 
        from their habitats.
            (7) Cormorant excrement in colonies often kills vegetation.

SEC. 3. DELEGATION TO STATES OF AUTHORITY UNDER MIGRATORY BIRD TREATY 
              ACT WITH RESPECT TO CORMORANTS.

    (a) Delegation of Authority.--Section 7 of the Migratory Bird 
Treaty Act (16 U.S.C. 708) is amended--
            (1) by inserting ``(a) Preservation of State Authority.--'' 
        before the first sentence; and
            (2) by adding at the end the following:
    ``(b) Delegation to States of Authority With Respect to 
Cormorants.--
            ``(1) In general.--The authority of the Secretary under 
        this Act with respect to cormorants in a State is hereby 
        delegated to the governor of the State effective on the date on 
        which the Secretary approves a management plan for cormorants 
        in the State that is submitted by the governor.
            ``(2) Approval or disapproval of management plan.--
                    ``(A) In general.--The Secretary shall approve or 
                disapprove a management plan submitted under this 
                subsection by not later than the end of the 60-day 
                period beginning on the date the plan is submitted.
                    ``(B) Requirement to approve.--The Secretary shall 
                approve a management plan submitted under this 
                subsection if the plan is in accordance with United 
                States obligations under treaties and Federal law.
                    ``(C) Disapproval of plan.--If the Secretary 
                disapproves a management plan under this subsection the 
                Secretary shall provide to the governor who submitted 
                the plan the reasons for the disapproval and an 
                opportunity to revise and resubmit the plan.
                    ``(D) Plan deemed approved.--Except as provided in 
                subparagraph (E), if the Secretary does not approve or 
                disapprove a management plan before the end of the 
                period referred to in paragraph (1) the Secretary is 
                deemed to have approved the plan.
                    ``(E) Limitation on approval.--A management plan 
                shall not be approved under this paragraph if the plan 
                is found to be in violation of United States 
                obligations under treaties and Federal law.
                    ``(F) Review of approved plans.--The Secretary--
                            ``(i) shall review every 5 years each 
                        management plan approved for a State under this 
                        subsection and the State governor's exercise of 
                        authority delegated under this subsection; and
                            ``(ii) may revoke such approval and 
                        delegation if, based on such review, the 
                        Secretary determines that the plan or the 
                        governor's exercise of authority delegated 
                        under this subsection is not in accordance with 
                        this Act or any treaty implemented by this Act.
            ``(3) Relationship between approved plan and regulations.--
        A management plan that is approved for a State under this 
        subsection shall apply in that State with respect to management 
        of cormorants, in lieu of regulations issued under this Act.
            ``(4) Compliance with treaties and federal law.--In 
        exercising authority delegated under this subsection the 
        governor of a State shall comply with this Act and all treaties 
        implemented by this Act.
            ``(5) Relationship to other authority.--Nothing in this 
        subsection limits the authority of the Secretary or any Federal 
        agency to exercise authority under any Federal law to assist a 
        State, upon request by the governor of the State, with control 
        of cormorants.
            ``(6) Cormorant defined.--In this subsection the term 
        `cormorant' means the double-crested cormorant (Phalacrocorax 
        auritus).''.
    (b) Cooperation To Prevent Cormorant Proliferation.--
            (1) Department of interior cooperation.--The Secretary of 
        the Interior, acting in consultation with the National 
        Aquaculture Information Center and the Animal and Plant Health 
        Inspection Service, shall conduct educational and informational 
        activities for the owners and operators of aquaculture 
        facilities to improve their efforts to prevent cormorants from 
        consuming aquatic species being reared in aquaculture 
        facilities, which contributes to the proliferation of 
        cormorants.
            (2) Other efforts.--Nothing in this subsection restricts 
        the authority of other Federal or State wildlife or natural 
        resource management agencies to cooperate with the owners and 
        operators of aquaculture facilities regarding the management 
        and control of cormorants to prevent their proliferation.
            (3) Cormorant defined.--In this subsection, the term 
        ``cormorant'' means the double-crested cormorant (Phalacrocorax 
        auritus).
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