I 112th CONGRESS 1st Session H. R. 3074 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.
1.
Short title
This Act may be cited as the Cormorant Management and Natural Resources Protection Act.
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.
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).