    [Senate Hearing 112-820]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 112-820

                      NOMINATION OF DANIEL M. ASHE TO BE
                 DIRECTOR OF THE U.S. FISH AND WILDLIFE SERVICE

    =======================================================================

                                    HEARING

                                   BEFORE THE

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS
                              UNITED STATES SENATE

                          ONE HUNDRED TWELFTH CONGRESS

                                 FIRST SESSION

                                   __________

                               FEBRUARY 15, 2011

                                   __________

      Printed for the use of the Committee on Environment and Public Works

           Available via the World Wide Web: http://www.fdsys.gpo.gov

                                   __________

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                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                          ONE HUNDRED TWELFTH CONGRESS
                                 FIRST SESSION

                      BARBARA BOXER, California, Chairman
    MAX BAUCUS, Montana                  JAMES M. INHOFE, Oklahoma
    THOMAS R. CARPER, Delaware           DAVID VITTER, Louisiana
    FRANK R. LAUTENBERG, New Jersey      JOHN BARRASSO, Wyoming
    BENJAMIN L. CARDIN, Maryland         JEFF SESSIONS, Alabama
    BERNARD SANDERS, Vermont             MIKE CRAPO, Idaho
    SHELDON WHITEHOUSE, Rhode Island     LAMAR ALEXANDER, Tennessee
    TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
    JEFF MERKLEY, Oregon                 JOHN BOOZMAN, Arizona
    KIRSTEN GILLIBRAND, New York

           Bettina Poirier, Majority Staff Director and Chief Counsel
                     Ruth Van Mark, Minority Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                               FEBRUARY 15, 2011
                               OPENING STATEMENTS

    Boxer, Hon. Barbara, U.S. Senator from the State of California...     1
    Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma...     2
    Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland     5
    Crapo, Hon. Mike, U.S. Senator from the State of Idaho...........     7
    Lautenberg, Hon. Frank R., U.S. Senator from the State of New
      Jersey.........................................................     8
    Barrasso, Hon. John, U.S. Senator from the State of Wyoming......    10
    Merkley, Hon. Jeff, U.S. Senator from the State of Oregon........    11
    Vitter, Hon. David, U.S. Senator from the State of Louisiana.....    12
    Baucus, Hon. Max, U.S. Senator from the State of Montana.........    13
    Boozman, Hon. John, U.S. Senator from the State of Arkansas......    15
    Whitehouse, Hon. Sheldon, U.S. Senator from the State of Rhode
      Island.........................................................    15
    Udall, Hon. Tom, U.S. Senator from the State of New Mexico.......    16

                                    WITNESS

    Ashe, Daniel M., Nominated by President Obama to be Director,
      U.S. Fish and Wildlife Service.................................    18
        Prepared statement...........................................    19
    Responses to additional questions from:
        Senator Boxer................................................    39
        Senator Inhofe...............................................    41
        Senator Crapo................................................    54
        Senator Lautenberg...........................................    57
        Senator Barrasso.............................................    59
        Senator Merkley..............................................    67
        Senator Vitter...............................................    71
        Senator Udall................................................    88
        Senator Session..............................................    91

                              ADDITIONAL MATERIAL

    U.S. Fish and Wildlife Service Interagency Consultation Involving
      Longhead Sea Turtles, as of February 23, 2011..................93-131
    List of Publications, Testimonies and Speeches..................132-137

       NOMINATION OF DANIEL M. ASHE TO BE DIRECTOR OF THE U.S. FISH AND
                                WILDLIFE SERVICE

                                  ----------

                           TUESDAY, FEBRUARY 15, 2011

                                           U.S. Senate,
                     Committee on Environment and Public Works,
                                                        Washington, DC.
        The full committee met, pursuant to notice, at 10:10 a.m.
    in room 406, Dirksen Senate Office Building, Hon. Barbara
    Boxer, (chairman of the committee) presiding.
        Present: Senators Boxer, Inhofe, Baucus, Lautenberg,
    Cardin, Whitehouse, Udall, Merkley, Vitter, Barrasso, Crapo and
    Boozman.

    STATEMENT OF HON. BARBARA BOXER, U.S. SENATOR FROM THE STATE OF
                               CALIFORNIA

        Senator Boxer. Today, the Senate Committee on Environment
    and Public Works will consider the nomination of Dan Ashe to be
    Director of the U.S. Fish and Wildlife Service.
        During his more than 15-year career with the Fish and
    Wildlife Service, Mr. Ashe has held a wide variety of positions
    that have given him a deep understanding of the Agency he is
    being asked to lead. Dan Ashe currently serves as the Deputy
    Director.
        Since joining the Fish and Wildlife Service in 1995, he has
    also served as Science Advisor to the Director, where he
    advised the Service Director and provided leadership on use of
    science within the Agency. He has served as Chief of the
    National Wildlife Refuge System, where he was responsible for
    directing operations and management of the more than 150
    million acre refuge system. He served as Assistant Director for
    External Affairs.
        Dan Ashe's broad experience with the Fish and Wildlife
    Service makes him uniquely qualified to deal with the many
    challenges the Service faces today. Mr. Ashe's knowledge and
    appreciation of the Fish and Wildlife Service developed well
    before serving in leadership positions with the Agency. His dad
    was also a career Fish and Wildlife Service employee. Mr. Ashe
    spent his childhood visiting many of the national treasures
    that the Service is charged with protecting.
        I know family always plays an important role in our
    achievements. I would like to welcome members of Dan Ashe's
    family who have joined us here today. His wife, Barbara, raise
    your hand. His daughter, Mary. Welcome. Unfortunately, son
    Michael is busy preparing for his college mid-terms and
    couldn't join us.
        Mr. Ashe, as you know, the task you have been asked to
    undertake is very important. The Fish and Wildlife Service is
    the guardian of natural treasures and species in every single
    State of the Union. In my own State of California, the Service
    has responsibility for iconic species, like the bald eagle, and
    the California condor, and irreplaceable wildlife refuges like
    the ones in San Francisco Bay and San Diego. I have to say that
    these irreplaceable environmental gems are the keystone to our
    tourist industry, and the many, many millions of jobs that rely
    on a pristine environment in our State.
        So you support, the Service supports tourism and recreation
    that boosts local economies in California and across this
    Country.
        In 2006, according to a national survey of fishing, hunting
    and wildlife associated recreation, hunting, fishing and
    wildlife related activities provided $8 billion to the
    California economy, and more than $122 billion to the national
    economy, equaling roughly 1 percent of our Nation's GDP. The
    Outdoor Industry Association estimates that outdoor recreation
    contributes $730 billion to the U.S. economy. It is responsible
    for 1 out of every 20 jobs.
        Mr. Ashe, you have been nominated to lead an agency that
    not only maintains safeguards for our Nation's iconic species,
    but it also plays this key role in supporting a multi-billion
    dollar wildlife related economy. When I said at the beginning
    that our Committee is really focused a great deal on economy
    and jobs, your position really is an example of good
    stewardship relating directly to these jobs.
        The health of our environment and the success of our
    economy go hand in hand. The job isn't easy. There will be
    controversy and difficult decisions. But I expect that you will
    follow the law and the best science in your decisionmaking.
        At the beginning of this Administration, President Obama
    took important steps to restore scientific integrity and
    committed to uphold the Endangered Species Act. The President's
    priorities have been echoed by Secretary Salazar. Today, I look
    forward to hearing how, if confirmed, you will fulfill these
    commitments at the Fish and Wildlife Service. Strong leadership
    is needed to protect and preserve our Nation's treasures and to
    confront the pressing problems facing our Nation's fish and
    wildlife.
        Your record as a committed conservationist and your many
    years of experience with the Fish and Wildlife Service in my
    opinion are strong qualifications for this important position.
    I look forward to hearing from you today and your swift
    confirmation.
        I will call on the Ranking Member.

    STATEMENT OF HON. JAMES M. INHOFE, U.S. SENATOR FROM THE STATE
                              OF OKLAHOMA

        Senator Inhofe. Thank you, Madam Chairman.
        Welcome to our witness here. I had a chance to visit with
    Mr. Ashe. This Committee is a huge jurisdiction. One of the
    things that I believe we are concerned with as much as any
    other jurisdiction is the Fish and Wildlife. There is not a
    person up here, Democrat or Republican, that doesn't have
    people coming with ideas and with complaints. A lot of the
    programs that we have done were the right programs.
        As I told you in my office several weeks ago, I think that
    it is important that a director have a background as you have.
    You have been the Assistant Director, and the other positions
    that the Chairman mentioned. I think that is important. I think
    you understand the role.
        But there are some recent things that I am very concerned
    about. I shared my concerns before about the recent decisions
    made by the Service that in my view put politics before sound
    science and the welfare of species. Unfortunately, I think you
    may have inherited a problem here that you are going to have to
    address, because you are the boss. You are going to be the
    Director if you are confirmed.
        On the point of the Endangered Species Act, as a tool to
    regulate global warming, I am going to ask Mr. Ashe about the
    Service's recently issued climate change strategic plan which
    States, among other things, ``The future of fish and wildlife
    and people hangs in the balance.'' That is kind of scary, which
    is consistent with everything else that they are doing, with
    the scary talk. It also calls on the Service to transform its
    basic mission, stating that it should ``examine everything we
    do, every decision we make, every dollar we spend though the
    lens of climate change.
        Where did that come from? We will give you a chance to
    answer that, and your participation in that, Mr. Ashe. Because
    you and I really didn't talk about that before.
        But I look at the ones that preceded you, they were
    concerned about sound science, about the wildlife services. I
    am talking about Dale Hall, the deceased Sam Hamilton, these
    people have done really a great job. There is no reason that
    you can't follow in their footsteps and do the same thing,
    absent these outside influences that are going to try to change
    the whole function of what Fish and Wildlife is supposed to be
    doing.
        Now, some of my colleagues have concerns about your
    nominations based primarily on your level of involvement in
    recent controversial listing decisions made by Fish and
    Wildlife. I know that Senator Barrasso is concerned about that.
    I am, too.
        I am also concerned about a process, two things that I
    really like about the system. One is the Partnership Program. I
    think, you have to refresh my memory, I know that Dale Hall was
    out in Oklahoma when we had that. You may have been there in a
    different capacity, when we actually held a hearing in my State
    of Oklahoma on the successes of the Partnership Program. That
    is getting with the land owners, the stakeholders, oil and gas,
    and these people, and talking about how they can do things to
    improve the environment, conservation. It is a recognition
    that, I know out in Western Oklahoma, we have many of our
    farmers and ranchers out there, they want a clean environment.
    They have ideas, and we should be listening to them. That is
    what the Partnership program is all about.
        Now, you and I have talked about that. This Candidate
    Conservation Agreement, I believe this is going to be
    circumvented. It is going to be up to you to make sure you
    don't allow those forces to force you into something you don't
    really believe in.
        So I am concerned about that and we will take this very
    seriously. I am concerned that you are being put in a very
    awkward situation right now. We will try to make the best of
    it, and hopefully we will be successful.
        Thank you, Madam Chairman.
        [The prepared statement of Senator Inhofe follows:]
           Statement of Hon. James M. Inhofe, U.S. Senator from the
                               State of Oklahoma
        We are here today to consider the nomination of Dan Ashe for
    Director of the U.S. Fish and Wildlife Service. In this capacity, he
    would be responsible for overseeing many programs of great importance
    within this Committee's jurisdiction, such as the Endangered Species
    Act and the Partners for Fish and Wildlife Program.
        Mr. Ashe has spent the majority of his career with the Service;
    and, I would note, he also spent much of his childhood on wildlife
    refuges, helping his father who also worked with the Service.
        I met with Mr. Ashe in my office last month, and we had a very
    honest discussion about the direction of the Fish and Wildlife Service.
    I shared my concerns about recent decisions made by the Service that in
    my view put politics before sound science and the welfare of species. I
    asked him to commit to me that he would make decisions based on the
    best available science, and avoid using the Endangered Species Act as a
    tool to regulate global warming.
        On that point, I will ask Mr. Ashe about the Service's recently
    issued climate change strategic plan, which states, among other things,
    that the ``future of fish and wildlife and people hangs in the
    balance.'' It also calls on the Service to transform its basic mission,
    stating that it should ``examine everything we do, every decision we
    make, and every dollar we spend through the lens of climate change.''
    This is troubling to say the least, and I hope, Mr. Ashe, you can
    explain what it means.
        Your interpretation of that document is important. It leads to my
    next point. I would like your assurance today that, as Director of the
    Fish and Wildlife Service, you will continue in the tradition of former
    directors, Dale Hall and the recently deceased Sam Hamilton. They were
    admirable in that they reasonably and objectively considered the best
    science available. They were able to put politics aside and bring a
    good measure of balance to their decisionmaking.
        Now some of my colleagues have concerns about your nomination based
    primarily on your level of involvement in recent controversial listing
    decisions made by the Fish and Wildlife Service. I will certainly
    listen to those concerns, and I will also give you the opportunity to
    address them. As with any nomination, there is a process, a back-and-
    forth between the nominee and senators. I will do what I can to
    facilitate that process.
        As I'm sure you know, Mr. Ashe, the decision to designate a species
    and its habitat as threatened or endangered should not be taking
    lightly. As head of the Service, you would be under constant legal
    pressure from environmental groups to list as many species as possible,
    but I ask for your assurance that, if you are confirmed, you will
    always keep in mind the impacts on local communities, land use, jobs,
    and our economy that result from these decisions.
        Despite controversies over listing decisions, I believe the Fish
    and Wildlife Service does a great deal of good--especially when it uses
    collaborative approaches between the Federal Government and private
    land owners, instead of punitive mandates. The Partners for Fish and
    Wildlife Program is a great example of what collaboration can achieve.
    This program conserves habitats by leveraging Federal funds through
    voluntary private landowner participation. As you know, I do have some
    concerns about how these designated funds have been used.
        This is a very important position, one that requires decisionmaking
    on issues that have profound impacts on the wildlife that we all
    treasure, but also on our local communities and the jobs that support
    them. I look forward to your testimony, and hope that we can address
    Senators' concerns about the ESA and some of the decisions you made
    during your tenure at the Service.

        Senator Boxer. Thank you.
        I just want to go over, in order of arrival on our side,
    Senators Sanders and Gillibrand have left. So this is the
    order. Cardin, Lautenberg, Merkley, Baucus, Whitehouse, Udall.
    On the Republican side, Crapo, Barrasso and Vitter.
        So we will go to Senator Cardin.

    STATEMENT OF HON. BENJAMIN CARDIN, U.S. SENATOR FROM THE STATE
                              OF MARYLAND

        Senator Cardin. Madam Chair, thank you very much.
        Let me thank you also on the organization. I look forward
    to chairing the subcommittee in this Congress for the Water and
    Wildlife, as I did in the last Congress. I personally want to
    thank Senator Crapo for all his help. It looks like Senator
    Crapo is moving on to the Superfund, Toxics and Environmental
    Health as Ranking. I am sorry we will not have a chance to work
    directly together, but I look forward to continuing our
    commitment on water and wildlife. You were a great partner.
        I also want to acknowledge Tom Strickland, who is in the
    room, the Assistant Secretary, who will be leaving very, very
    shortly, as I understand. I just want to thank you for your
    public service and your help on our agenda in this Committee,
    and the Subcommittee. You are going to be missed, and the
    incredible public service that you have provided this Nation.
    We wish you only the best.
        Madam Chair, I also would like to point out, there will be
    another change on the Subcommittee, and that is the Chief Staff
    for the Water and Wildlife Committee, Sarah Greenberger will
    also be leaving and moving on to the executive branch. I want
    to thank her publicly for her incredible work in our
    Subcommittee. She carried the load, and I think we had a very
    productive 2 years in large measure due to Sarah Greenberger's
    work. I wish her only the best.
        I want to welcome Dan Ashe and his family to our Committee
    and thank him for his public service and his willingness to
    continue to serve the public. I want to welcome Barbara. I also
    want to welcome Mary, his daughter. Sorry Michael could not be
    here. We know he is studying for mid-terms.
        I also want to acknowledge Barbara's work as the vice
    president of the Montgomery County Chamber of Commerce. She is
    here also with G.G. Goodwin, who is a good friend. We welcome
    both to our Committee. As you can tell, Madam Chairman, Dan
    Ashe is a Marylander, and we are very proud of his residence in
    our State and very proud of his service to our community, his
    family's service to our community and his service to our
    Nation.
        This is a very important position, the position of Director
    of the U.S. Fish and Wildlife. It is important for our economy,
    it is important for our natural heritage. Just to mention one
    of the major areas, national wildlife refuge, it is responsible
    for $1.7 billion to our local economy, and 27,000 private
    sector jobs, just that one area that falls under your
    jurisdiction.
        I am particularly proud of the work that we have done
    together in the Blackwater National Wildlife Refuge, which is
    so important to the Chesapeake Bay, the wetlands that are
    contained there, to the American Bald Eagle, is a tourist
    destination, along with the Harriet Tubman Historical
    Landscape, which brings in around $28 million to the Dorchester
    County economy alone. That is a relatively small economy. And
    $28 million is a huge part of the economic impact.
        So your portfolio is very important to the people of
    Dorchester County, MD, and our Nation. We need a strategic
    leader, a person who will look to science to base policy, an
    effective manager of scarce resources. That person, Madam
    Chairman, is Dan Ashe, and I am proud that he is willing to put
    himself forward.
        He has an undergraduate degree in biology, a graduate
    degree in marine affairs, 13 years as a committee staffer in
    the House of Representatives, 15 years in the U.S. Fish and
    Wildlife, including Chief of the National Wildlife Refuge
    System. He currently holds the Deputy Director position.
        When he was Chief of the National Wildlife Refuge System,
    he helped us in regard to the Patuxent National Wildlife Refuge
    and the expansion of that area substantially. As science
    advisor, he helped us in restoring the Patuxent Wildlife
    Science Center, which has helped our Maryland economy.
        Dan has an incredible track record of successful work to
    help in Maryland and around the Nation. As science advisor, he
    developed strategic efforts to confront the impact of climate
    change. I think that is what we want to see. We want to see
    policy that is based upon good science. I believe that Dan
    follows, I know he follows in his family tradition, as you
    pointed out, as his father is a career employee and helped
    establish the Chesapeake Bay program.
        So we are very proud of the Ashe family and very proud that
    Dan is willing to follow. We think he si the right person, a
    true professional, and will put the public interest first. I am
    pleased to welcome him to the committee and urge that we
    swiftly consider and approve his confirmation.
        [The prepared statement of Senator Cardin follows:]
          Statement of Hon. Benjamin L. Cardin, U.S. Senator from the
                               State of Maryland
        Madame Chairman, I want to use my time this morning to introduce
    President Obama's nominee to be the next Director of the U.S. Fish and
    Wildlife Service, this Nation's leading wildlife conservation
    organization.
        Dan Ashe and his lovely wife, Barbara, who is also with us today,
    have been Maryland residents and local leaders in Montgomery County
    since 1983. I know Barbara's tremendous work and leadership in the
    county as Executive Vice President of the Montgomery County Chamber of
    Commerce. Her colleague, the Chamber's President, Gigi Godwin, is also
    in attendance today.
        Dan and Barbara's two children, Mary and Michael, are graduates of
    Montgomery County Public Schools. Mary is here today. A graduate of
    Carnegie Mellon University, we're proud she has brought her Master's
    Degree in engineering back to Maryland, and is volunteering in our
    schools to encourage our younger students to study math, science and
    technology.
        Michael is busy preparing for his mid-terms, so he couldn't be here
    today, but we wish him luck!
        While we are extremely proud of Dan and his family's contributions
    to Maryland, it is his professional background and proven capacity to
    lead that make him so qualified for the position to which he is
    nominated.
        The Fish and Wildlife Service is charged with conserving,
    developing, and managing the Nation's fish and wildlife resources. That
    mission is critically important to this country's natural heritage but
    also to our economy and way of life. National Wildlife Refuges, for
    example, provide critical habitat for cherished species and a place to
    hunt, fish and bird watch; a place to take our children and
    grandchildren to pass on skills and an appreciation for this country's
    wild places and wildlife. They also generate nearly $1.7 billion
    annually for local economies and support 27,000 private sector jobs.
        The Blackwater National Wildlife Refuge, established in 1933 as a
    sanctuary for migrating waterfowl, plays that kind of role in Maryland.
    Blackwater has been recognized internationally as a ``Wetlands of
    International Importance'' by the Ramsar Convention and an
    Internationally Important Bird Area. Blackwater also has the largest
    breeding population of American bald eagles on the East Coast, north of
    Florida.
        The Refuge has become a tourist destination and--along with the
    Harriet Tubman Historic Landscape--is providing a positive economic
    impact of approximately $28 million to the economy of Dorchester
    County. The tourists the refuge attracts to the heart of Chesapeake
    country create jobs for the county's residents.
        But our refuges, like Blackwater, are under growing pressure both
    from lack of resources and from a changing environment. Over time,
    Blackwater's wetlands have been greatly affected by several factors
    including climate change. According to a 2008 Society for Wetland
    Scientists report, Blackwater is losing on average 300 acres per year
    due to rising water levels, with 5,000 acres of marshland lost since
    the 1930's (see chart). This is a story that is playing out across the
    country as the habitat within refuges changes or is lost and species'
    migratory patterns change.
        Given these challenges, the Service needs a strategic leader. One
    that looks to the best science to direct the Services' too limited
    resources in conserving, protecting and managing our Nation's most
    cherished resources like those at Blackwater. Dan has proven that he is
    that kind of leader and has the right kind of experience to get the job
    done.
        He has an undergraduate degree in Biology; a graduate degree in
    marine affairs; 13 years experience as a Committee staffer in the U.S.
    House of Representatives; 15 years in the U.S. Fish and Wildlife
    Service, including serving as Chief of the National Wildlife Refuge
    System, Science Advisor to the Director, and currently, Deputy
    Director.
        When Dan was Refuge System Chief, I worked with him on several
    acquisitions for the Patuxent National Wildlife Refuge and witnessed
    his tireless approach to conservation of America's public lands.
        As Science Advisor, I personally saw his vision as he helped shape
    a critical restoration and revitalization for the Patuxent Wildlife
    Science Center, an effort that has been crucially important to the
    advancement of conservation science and to the economy of Maryland.
        In that position, Dan also lead the Service's effort to develop a
    strategic plan for confronting the impacts a changing climate is having
    and will have on our refuge system and trust species.
        As is clear from Blackwater, the Service cannot fulfill its mandate
    to conserve, protect and manage refuges and the wildlife that live in
    and migrate through them, without taking into account the impacts
    climate change will have on those resources. To turn a blind eye to
    these dramatic impacts (see chart) would be ineffective and
    irresponsible.
        Through his work on that policy and other efforts in his career,
    Dan Ashe has proven that he has the experience and capability to deal
    with difficult issues, but to do so while also developing lasting
    relationships.
        Dan has the support of a great breadth of environmental,
    conservation, hunting, and fishing organizations such as the Boone and
    Crockett Club, Ducks Unlimited, American Sportfishing Association, and
    Defenders of Wildlife. He has the support of the Association of Fish
    and Wildlife Agencies, illustrating his capacity to build critically
    important relationships with the States.
        Dan has a lifetime relationship with the Service. His father, Bill
    Ashe, was a 37-year career employee who reached the rank of northeast
    deputy regional director, and led the effort to establish the Service's
    Chesapeake Bay program.
        Dan Ashe's demonstrated leadership at the Fish and Wildlife Service
    and his commitment to science-driven decisions make him the ideal
    person to serve as Director. It's my pleasure to introduce this citizen
    of the great State of Maryland and to support Dan's nomination as
    Director of the U.S. Fish and Wildlife Service.
        I look forward to working with my colleagues on the Committee and
    in the Senate to swiftly move his nomination forward.

        Senator Boxer. Thank you, Senator.
        Senator Crapo.

     STATEMENT OF HON. MIKE CRAPO, U.S. SENATOR FROM THE STATE OF
                                 IDAHO

        Senator Crapo. Thank you very much, Senator Boxer and Mr.
    Ashe, welcome.
        I appreciated the opportunity you and I had to visit in my
    office a couple of weeks ago. As you know from that visit, my
    highest priority with regard to Fish and Wildlife is resolving
    the wolf issue in Idaho, as well as in the rest of the Country.
    Not that there aren't a lot of other issues, but that one is
    paramount at this point.
        As you well know, the wolf was introduced to the Northern
    Rockies in the 1990s. Since that time, it has flourished, to
    the point where not only has it recovered, but it is
    continuing, the wolf populations are continuing to grow
    literally unrestrained. The damage they are doing to our elk
    herds, our big game herds, as well as our domestic wildlife,
    our livestock, is increasing. I know that you very well know
    that this is becoming a huge issue, not just in Idaho, but in a
    number of other States.
        Despite the fact that Idaho has done everything it has been
    asked to do under the law, and is in a position right now to
    manage the wolf, it has been denied that opportunity, primarily
    because of the inflexibility of the Endangered Species Act, in
    my opinion. I probably am going to be called away from this
    hearing to another hearing before I am going to get a chance to
    ask you some specific questions about that, so I will ask my
    questions, I will submit my questions to you if I am not here.
        But primarily, I want to, as a matter of record, just get
    your answers to some of the questions we discussed in my
    office, and to again, use this opportunity to encourage you to
    make it a priority for you, in your operations, to resolve this
    issue. We have too many States and too many people who are
    really hurting right now because of this issue. I am hopeful
    that we can develop a multi-faceted and effective and prompt
    solution to the issue.
        So again, if I don't get a chance to ask you the specific
    questions, they are not going to be a surprise because we have
    already talked about them. I am just going to ask to try to get
    some of your answers on the record and then work with you as we
    move forward to resolve the issue.
        Thank you.
        Senator Boxer. Senator Crapo, we will do everything to
    expedite the answers, so that we can move along.
        Senator Crapo. Thank you, and Madam Chairman, I am also
    aware that you are involved in working with some of us on this
    issue. We really appreciate your willingness to work with us to
    help find a solution.
        Senator Boxer. Thank you. Since you have thanked me, I want
    to thank Senator Baucus, Senator Cardin and others who also are
    trying very hard, and Senator Tester, to work this out. On your
    side, Senator Risch and others.
        Senator Crapo. Thank you very much.
        Senator Boxer. OK. We will turn to Senator Lautenberg.

     STATEMENT OF HON. FRANK R. LAUTENBERG, U.S. SENATOR FROM THE
                          STATE OF NEW JERSEY

        Senator Lautenberg. Thank you, Madam Chairman, and
    congratulations for getting us organized so quickly. That is
    rare around here. We are happy that it was done.
        I begin by congratulating our witness on his nomination to
    serve as the next Director of the National Fish and Wildlife
    Service. Dan Ashe is a strong candidate to lead this critical
    Agency, having inherited the zest and the zeal that he has from
    his father and his good work. He has held multiple positions
    with Fish and Wildlife during the past 15 years. Mr. Ashe is
    going to need to call upon this experience to confront major
    challenges, like the white nose syndrome that affects the bats.
    It is a fungus, and could wipe out much of our country's bat
    population.
        During the past two winters, more than 1 million
    hibernating bats have died, including hundreds at New Jersey's
    Hibernia Mine. I visited that mine shaft a long time ago, and
    there was a robust population of bats there. I was very
    comfortable with them. A recent visitor told us that the floor
    of the mine was covered with dead bats, thousands of them.
        It is a serious problem, it is a major threat to an entire
    ecosystem, with the potential to cause serious environmental
    and economic problems. Bats are one of nature's exterminators,
    and help to protect the public health and our crops. They prey
    mostly, almost exclusively on insects such as mosquitos, which
    spread disease, and moths and beetles which damage crops. A
    single bat can eat half its body weight in insects in a single
    night, and an entire colony will consume hundreds of millions
    of these insects.
        In the previous Congress, I hosted several briefings on
    this issue, requested and received a hearing in Senator
    Cardin's subcommittee, and secured more than a million dollars
    to research the white nose syndrome. But we have to do more,
    which is why today I am introducing the Wildlife Diseases
    Emergency Act. This bill will help Fish and Wildlife Service
    strengthen its response to outbreaks like the white nose
    syndrome, by improving its coordination with our Agencies and
    State governments.
        My legislation would also help provide more resources to
    address wildlife disease emergencies. I thank Senators Sanders
    and Leahy from Vermont for joining me in introducing this
    legislation.
        Disease is just one of the threats putting pressure on our
    wildlife. We recently learned that 2010 tied 2005 for the
    hottest year in recorded history. The record heat, along with
    droughts and floods, are wreaking havoc around the world.
    Global warming is a plague that is driving hundreds of
    thousands of species from their homes and to the brink of
    extinction. The fact is unarguable, the planet is changing. We
    can argue about it from our climate-controlled offices.
        But scientists know the truth, and they are trying to tell
    us. NASA scientists tell us, to survive, both marine and land-
    based plants and animals have started to migrate toward the
    poles. These species, and in some cases entire ecosystems that
    cannot quickly migrate or adapt face extinction. With fewer
    healthy ecosystems for species to call home, it has never been
    more important for us to preserve and maintain areas like our
    national wild refuges.
        But more often than not, these refuges are overburdened and
    understaffed. Millions of refuge acres are overrun with
    invasive species like pythons, non-native rats and Asian carp.
    To make matters worse, more than 10,000 facilities are in
    disrepair, and shortages of law enforcement officers has led to
    problems with poaching, illegal border activity and drug
    trafficking.
        In New Jersey, Great Swamp National Wildlife Refuge
    provides a shelter for wildlife and respite for our city
    dwellers, just 26 miles west of Times Square in New York. But
    that refuge is being squeezed by growing development,
    fragmentation. We are destroying the habitats of several
    threatened and endangered species. Across the Country, one-
    third of the refuges have no full-time staff.
        The men and women of the Fish and Wildlife Service are
    devoted to their work. Too often, they are called on at work to
    do more with less. If some of our colleagues have their way, it
    will soon get worse.
        House Republicans want to slash hundreds of millions of
    dollars from the Fish and Wildlife budget. We shouldn't be
    weakening our country's environmental defenses. I look forward
    to hearing Mr. Ashe's ideas on how we can address these issues
    and protect the habitats and wildlife that cannot protect
    themselves.
        May I take a moment more, Madam Chairman, to say thanks to
    Tom Strickland, whom I have known for a long time. He has been
    the Assistant Secretary for Fish and Wildlife and Refuges, and
    we are sorry to see him go. He got the first conviction under
    the Lautenberg law under the spousal abusers prohibition for
    guns. I thank you very much.
        Senator Boxer. Thank you, Senator.
        Now, Senator Barrasso.

    STATEMENT OF HON. JOHN BARRASSO, U.S. SENATOR FROM THE STATE OF
                                WYOMING

        Senator Barrasso. Thank you very much, Madam Chairman.
        Welcome, Mr. Ashe. Congratulations. It was good to visit
    with you last week. Welcome to your family, thanks so much for
    being here, congratulations.
        I appreciate your taking the time to visit last week. We
    discussed a number of issues at the time. Obviously, U.S. Fish
    and Wildlife Service has a huge impact in my home State of
    Wyoming and the rest of the Rocky Mountain west. One issue that
    is of great concern to me is the use that you have heard in
    previous statements from my side of the aisle with use of the
    Fish and Wildlife Service as a climate change agency. We talked
    about that.
        The U.S. Fish and Wildlife Service's strategic plan for
    responding to accelerating climate change lays out a new
    mission for the Agency and the authority to carry out that
    mission. The plan states, ``As a service, we are committed to
    examining everything we do, ever decision we make, every dollar
    we spend, through the lens of climate change.'' The plan
    further states, ``Given the magnitude of the threat posed by
    climate change to life as we know it, we cannot afford to think
    small or be held back by our fears or concerns.'' The plan also
    goes on to say, ``We must act now, as if the future of fish and
    wildlife and people hangs in the balance, for indeed, all
    indications are that it does.''
        If the American people back home are confused by how this
    is possible, that the Fish and Wildlife Service is suddenly
    declaring itself a climate change agency, all they need to do
    is go to one of the passages buried in the 32 pages that says
    ``Climate change is not a new mission. It is the lens through
    which we must accomplish the mission we already have.''
        To me, this type of reinterpretation of the law isn't music
    to the taxpayers' ears. It is an example of the type of
    unconstitutional policymaking at the agencies that has everyone
    on both sides of the Hill clamoring for regulatory reform. That
    is why I have introduced legislation, S. 228, the Defending
    America's Affordable Energy and Jobs Act, which restores
    Congress' role in determining America's energy and
    environmental future. It does this by putting a halt to these
    back door cap-and-trade regulations and policies.
        It is important to me that any nominee to be Director of
    Fish and Wildlife Service be cognizant of the threats facing
    species and address them with a balanced approach. Taxpayer
    money must be focused where it can do the most good. The iconic
    species in the west that are truly in danger must be managed
    responsibly in partnership with the States. When recovery goals
    are met, the Service should honor its obligation and not move
    the goal posts.
        There is a lot of criticism in the west toward the Fish and
    Wildlife Service. In the 1990s, under President Clinton, that
    relationship began to sour. The mistrust of the Agency by the
    people in my State has continued ever since. Under President
    Clinton, then-Interior Secretary Bruce Babbitt re-introduced
    gray wolves into the western Wyoming landscape, in Idaho and
    Montana. This decision was made without regard to many of the
    people who live there. We raise our families there, build our
    businesses there, and the Federal Government has treated us
    like some kind of a petri dish for an environmental experiment.
        Despite this, Wyoming has met its recovery goals for the
    wolf. On August 16th of last year, Assistant Secretary for
    Fish, Wildlife and Parks, Tom Strickland, who is with us today,
    said ``The recovery of the wolf has been a stunning
    conservation success.'' Yet, the Fish and Wildlife Services
    refuses to de-list the wolf in Wyoming. If we maintain the
    wolves, we should be allowed to manage them how we see fit.
        As I have stated in the past, the Clinton administration
    created this problem. The Bush administration failed to solve
    it. Now the Obama administration needs to deal with it. It is
    time for a change of course; it is time to restore the trust
    between the people of my State and the U.S. Fish and Wildlife
    Service.
        So I hope we can count on you and this Administration to
    work with Wyoming to see the wolves de-listed.
        Thank you, Madam Chairman.
        Senator Boxer. Thank you.
        Senator Merkley.

    STATEMENT OF HON. JEFF MERKLEY, U.S. SENATOR FROM THE STATE OF
                                 OREGON

        Senator Merkley. Thank you, Madam Chair.
        Mr. Ashe, thank you for coming before the Committee. The
    Fish and Wildlife Service is an agency that has a major role in
    Oregon. We have 17 national wildlife refuges covering more than
    half a million acres. The Klamath Basin and its wildlife refuge
    is home to one of the most important bird habitats in North
    America.
        There are a couple of issues that I do have concerns about.
    One is the spotted owl recovery plan, which is being described
    very differently by the Fish and Wildlife Service and by the
    BLM in terms of its impact on forest management. Second of all,
    a series of proposals related to wind energy that seem at odds
    with the consultative process that went on for over 2 years. I
    will ask you about those when the question period comes, if I
    am still here. If not, I will followup in the record and
    followup with you.
        Thank you very much for coming today.
        Senator Boxer. Thank you, Senator.
        Senator Vitter.

    STATEMENT OF HON. DAVID VITTER, U.S. SENATOR FROM THE STATE OF
                               LOUISIANA

        Senator Vitter. Thank you, Madam Chair, and thank you, Mr.
    Ashe, very much, for your service and for being here. Madam
    Chair, again, thanks for this very important hearing. It is
    important that Federal agencies be headed by competent and
    capable people. It is equally important that these folks
    understand that the decisions they make can have dramatic
    impacts, including dramatic economic impacts on the livelihoods
    of our fellow citizens.
        With that in mind, I want to highlight in my opening
    statement the ongoing deep frustration Louisianans are having
    with the Department of Interior over the ongoing de facto
    drilling moratorium in the Gulf. That is directly relevant,
    because it is Interior, and because all signs point to Fish and
    Wildlife and other environmental related agencies becoming much
    more involved in that permitting process.
        This de facto moratorium is devastating lives, costing
    jobs, devastating companies. Since the Deepwater Horizon
    explosion, and that is 8 months ago now, there have been zero
    new deepwater exploration permits issued. Zero. Since that
    incident, horrific incident, again, 8 months ago, the 32
    deepwater operations that were operating are still either
    completely shut down or there has been a marginal improvement,
    at best. That translates into jobs and people's lives being
    directly hurt.
        For 8 months straight before this month, Louisiana
    unemployment went up. As national unemployment was, thank
    goodness, stabilizing, Louisiana unemployment went up month
    after month for 8 months straight. That is directly related to
    this.
        Just last week, the second-largest shallow water driller in
    the Gulf, Seahawk Drilling, filed bankruptcy, because shallow
    water is still also impacted. Those permits have slowed,
    although it is not as bad as deepwater.
        Bottom line here, Louisianans want to get back to work.
    Filling those jobs is my absolute top priority. That has to
    come first.
        Second, there is even an impact on things we are debating
    right now in terms of debt and deficit and the budget. After
    the U.S. income tax, the second largest source of Federal
    revenue is royalty and other revenue related to that domestic
    energy production. So we are shutting that down and
    dramatically reducing that as well, even in a time when we are
    all rightly concerned about deficit and debt.
        One thing related to this, Century Exploration recently
    filed a lawsuit against the Federal Government, against the
    Interior Department, I think this is just the beginning, for
    breach of contract, asking for their money back, asking for
    lost profits, because they bought leases which are now pretty
    much good for nothing.
        My frustration is only increased by non-responses from the
    Interior Department. That includes, for instance, a November
    21st letter from last year, which still has not been responded
    to. A February 3d letter from this year which still has not
    been responded to in terms of this issue. Those were not
    addressed to you, of course, Mr. Ashe. They were addressed to
    some of your significant colleagues in Interior.
        This is consistent, unfortunately, with the fact that the
    Department was handed a civil contempt order recently by the
    Federal judge handling these matters in terms of how the
    Department has handled the whole de facto moratorium and
    moratorium issue.
        I can't overstate how devastating this has been to so many
    Louisianans and how frustrated Louisianans are with this
    pattern of actions by the Interior Department. That is my top
    concern, filling those Louisianans' jobs is my top priority.
    That has to come first. Thank you.
        Senator Boxer. Thank you, Senator.
        Senator Baucus.

     STATEMENT OF HON. MAX BAUCUS, U.S. SENATOR FROM THE STATE OF
                                MONTANA

        Senator Baucus. Thank you, Madam Chairman, and thank you,
    Mr. Ashe. Also Mr. Strickland, thank you for your service to
    our country. Welcome, Mr. Ashe, to the Committee.
        The Fish and Wildlife Service has a unique responsibility
    to watch over our Nation's wildlife. Your decisions about their
    likely future and whether intervention is needed impacts
    millions of people around the country. This is a significant
    charge, and it is imperative that your decisions reflect both
    the current and best science, as well as the reality of
    conditions on the ground.
        As you know, we have a problem in our State, and that is
    wolves. The recent court decision which overturned the Fish and
    Wildlife Service's 2009 rule has created an untenable situation
    on the ground. Montana's consensus-based approach to wolf
    management, as is the case in other wildlife management, has
    demonstrated proven results, with a successful wolf hunt that
    works for hunters, ranchers and for wolves.
        But instead of being rewarded, Montana's success has been
    halted by the return of the wolf to the Endangered Species
    List. Management has shifted from Montana back to Washington.
    Senator Barrasso is correct; there is a deep feeling in the
    west that Washington just doesn't get it. It is removed, a
    little paternalistic, as the Senator mentioned, a petri dish,
    some of those words all come to mind.
        Ranchers aren't clear on what the rules are. Hunters are
    worried that elk populations may dwindle if wolf populations
    are left unchecked, as is currently the case. Just last week,
    the Fish and Wildlife Service said it would be six more weeks
    before it could act on a Montana proposal to conduct a wolf
    hunt this year to control populations.
        We have been talking about this for a long time, since
    August. We are well past the time when it should be fixed. I
    have introduced legislation which would remove the wolf from
    the Endangered Species list and return it to State management.
    The goal is to turn back the clock to exactly where we were
    before the court decision, and the text of my bill does just
    that.
        Members of this Committee know how hard we need to work to
    resolve this. I think there is cooperation on this Committee to
    resolve this wolf matter. As incoming Director, you would be
    charged with working with us to find that solution.
        This spirit of cooperation is what built the west. Listen
    to the words of Wallace Stegner: ``It is true that the west's
    history is punctuated with the lives of rugged individualists.
    But they built such things as railroad empires, land empires
    and the Anaconda Copper Company. Who built the west as a living
    place, a frugal, hard, gloriously satisfying civilization,
    scrabbling for its existence against the forces of weather, and
    a land as fragile as it is demanding, was not rugged
    individualists, but cooperators, neighbors, who knew how to
    help out in crisis, who could get together and build a school
    and figure out a way to get the kids there. Pool their efforts
    to search fort lost cattle, or lost people, and joined in
    frequent blowouts, dances and fairs.''
        Mr. Ashe, I know that is the spirit with which you will
    approach this job. We need that cooperation and working
    together to get this done. I wish you good luck.
        [The prepared statement of Senator Baucus follows:]
      Statement of Hon. Max Baucus, U.S. Senator from the State of Montana
        I want to welcome you, Mr. Ashe, to the Senate Environment and
    Public Works Committee.
        The Fish and Wildlife Service has a unique responsibility to watch
    over our Nation's wildlife. Your decisions about their likely future
    and whether intervention is needed impact millions of people around the
    country. This is a significant charge, and it is imperative that your
    decisions reflect both the current and best science as well as the
    reality of conditions on the ground.
        Mr. Ashe, we have a problem, and that problem is wolves. The recent
    court decision which overturned the Fish and Wildlife Service's 2009
    rule has created an untenable situation on the ground. Montana's
    consensus_based approach to wolf management is being rewarded by the
    return of the wolf to the endangered species list. Management has
    shifted to Washington. Montanans don't need D.C. bureaucrats telling us
    how to manage wolves in our State.
        Ranchers aren't clear on what the rules are and hunters are worried
    that elk populations may dwindle if wolf populations are left
    unchecked. Just last week, the Fish and Wildlife Service said it would
    be 6 more weeks before it acts on a Montana proposal to conduct a wolf
    hunt this year to control populations. We've been talking about this
    now since August. We're well past the time when it should have been
    fixed. I have introduced legislation that will remove the wolf from the
    endangered species list and return it to State management.
        My goal is to turn back the clock to exactly where we were before
    the court decision, and the text of my bill does just that. The members
    of this Committee know what needs to be done, and I look forward to
    working with each of you, westerners and easterners, republicans and
    democrats, to enact legislation in the coming weeks. We need to resolve
    this, and we need to do it now.
        As incoming Director of the Fish and Wildlife Service, you, Mr,
    Ashe, will be charged with working with us to find a solution. I hope
    that you will take that charge seriously. This spirit of cooperation is
    what built the West.
        Wallace Stegner wrote, ``It is true that the West's history is
    punctuated with the lives of rugged individualists . . . but they built
    such things as railroad empires, land empires, and the Anaconda Copper
    Company.
        Who built the West as a living-place, a frugal, hard, gloriously
    satisfying civilization scrabbling for its existence against the forces
    of weather and a land as fragile as it is demanding, was not rugged
    individuals but cooperators, neighbors who knew how to help out in
    crises, who could get together to build a school and figure out a way
    to get the kids there, pool their efforts to search for lost cattle or
    lost people, and join in infrequent . . . dances, and fairs.''
        I hope that we can work together, in this same spirit, to resolve
    the wolf issue now.

        Senator Boxer. Thank you, Senator.
        Senator Boozman.

    STATEMENT OF HON. JOHN BOOZMAN, U.S. SENATOR FROM THE STATE OF
                                ARKANSAS

        Senator Boozman. Thank you, Madam Chair.
        Mr. Ashe, we want to thank you for your dedication to the
    Fish and Wildlife Service, and thank you for appearing here
    today. Congratulations on your nomination. That is an honor in
    itself.
        As you know, the Service operates 10 refuges in Arkansas.
    These are an important part of our State. The agency's
    activities have a major impact on Arkansas' economy and the
    economy of our country. You have an important mission,
    conserving, protecting and enhancing fish, wildlife and plants
    and their habitats for the continuing benefit of the American
    people. I want to help you meet these important
    responsibilities, while minimizing adverse impacts to job
    creation, the economy of Arkansas and our way of life.
        It is interesting, we all, whether it is wolves, or oil or
    whatever, most of us here are most familiar with the areas that
    go on in our State. That is the interaction that we have had
    with the Agencies in the past. I guess what I would like to be
    reassured of is that as we deal with areas, that we deal with
    it with common sense. Are we using sound science, are we
    getting the emotion out of the play, and are we helping
    producers and entities as we make changes that in many cases
    threaten the very existence.
        In some cases, we have had, I think that has made a good
    story with the Agency. In other cases, it hasn't been as good a
    story. Recently, the Obama administration added big head carp
    to the Injurious Species under the Lacy Act. In the past,
    silver carp and black carp have been added to the list through
    the rulemaking process. But their farmers were allowed to sell
    their inventory. Now we are in a situation in Arkansas where
    the only way to get rid of the stock that they have is to drain
    the ponds and in doing so, because of the process that is
    involved, probably many, many will escape, again, causing
    unintended consequences.
        I was the ranking member on Water Resources on the House,
    and have sat through many hours of testimony and understand the
    danger and the economic impact that that has on areas like the
    Great Lakes and things like that. But I guess what I would like
    to know, as we talk further, again, we have to have a willing
    commitment, not only in that area, but in all of these areas
    that you are hearing about, to work with a particular industry,
    to make sure that we have an environmentally safe way to solve
    the problem.
        With that, I yield back.
        Senator Boxer. Thank you very much.
        Now, we go to Senator Whitehouse.

      STATEMENT OF HON. SHELDON WHITEHOUSE, U.S. SENATOR FROM THE
                         STATE OF RHODE ISLAND

        Senator Whitehouse. Thank you, Madam Chair.
        Welcome to the Committee, Mr. Ashe. Thank you, Mr.
    Strickland, for your service. I want to thank the Chair for
    renewing my appointment as the Chairman of the Oversight
    Subcommittee and for adding to our jurisdiction the science and
    research issues. I look forward to working with my Ranking
    Member, Senator Johanns, and with Senator Boozman on the issues
    that will be before us. I want to thank Senator Barrasso for
    his service as the ranking member of that subcommittee in the
    past Congress. He is a pleasure to work with, and I enjoyed it
    very much.
        I am also very grateful to be serving on Chairman Baucus'
    Subcommittee on Transportation and Infrastructure, Chairman
    Cardin's Subcommittee on Water and Wildlife, and my friend,
    Chairman Udall's Subcommittee on Children's Health and
    Environmental Responsibility. I think those are all important
    tasks for this Committee.
        The only thing that I would ask of Mr. Ashe is that in my
    view of the Constitution, it is perfectly legitimate for the
    executive branch of Government to make its own determination of
    what the situations are that confront this country and react
    within the laws that Congress has established. The amount of
    carbon pollution that mankind has released into the atmosphere
    is not a theory, it is a fact. The concentration of carbon
    dioxide in the atmosphere is not a theory, it is a fact.
        The effects of that have been known since the Irish
    scientist Tyndall figured it out in the 19th century. It is
    textbook science, it is not a theory in that sense. It is fully
    established and virtually unchallenged.
        So the fact that we are changing our planet in significant
    ways, as measured by things like our water, our oceans' acidity
    being for the first time veered outside of a range within which
    they have been for 8,000 centuries is a risky proposition for
    us, and something that I think the executive branch does well
    to attend to, and meets its responsibilities to the American
    people when it does attend to it. I would urge you to not mimic
    the ostrich that puts its head in the sand and look to the
    facts around you and discharge your duties accordingly.
        But I think that the theory that the executive branch can't
    act or decide or respond to reality until Congress has directed
    it to is a mistake, so long as the executive branch is acting
    within the laws that Congress has prescribed. I would urge you
    to use your good judgment. There are times when Congress
    represents the will of the American people, there are times
    when Congress represents the will of very powerful vested
    interests. I think the executive branch is capable of sorting
    through that, and I look forward to working with you.
        Senator Boxer. Thank you very much, Senator.
        Last but not least, Senator Udall.

    STATEMENT OF HON. TOM UDALL, U.S. SENATOR FROM THE STATE OF NEW
                                 MEXICO

        Senator Udall. Thank you, Madam Chair. I also very much
    appreciate my appointment as Chair of the Subcommittee on
    Children's Health and Environmental Responsibility, and I look
    forward to working with you on an aggressive agenda there. I
    look forward to serving with Lamar Alexander as the Ranking
    Member on that Subcommittee. I know that that is an area where
    we have very important issues to tackle.
        I would like to welcome Dan Ashe to the proceedings today,
    and thank him for his years of hard work given in serving our
    Nation in the Fish and Wildlife Service. I think also before
    that, you served in the House of Representatives as a staff
    member. So you have experience in a legislative situation and
    you also have, I think, significant experience at the Fish and
    Wildlife Service. I think you are just the kind of career
    person that we need at the Fish and Wildlife Service.
        As you know, the Agency that you have worked in has serious
    duties and very difficult responsibilities. The Fish and
    Wildlife Service is responsible for ensuring that all species
    are able to survive as we try to co-exist. With the progression
    of climate change, and as my colleague, Senator Whitehouse,
    mentioned, we have some real disagreements on this committee.
    But the science is pretty clear. The work of the Fish and
    Wildlife Service will become more and more difficult.
        In that respect, whether we agree or disagree on the
    impacts of global warming, adaptation should be something we
    can all unite around. The Fish and Wildlife Service has
    embarked on a program, I believe, a cooperative program which
    deals with adaptation called the Landscape Conservation
    Cooperatives, which you are trying to work with and form around
    the country. I look forward to hearing, in your testimony, how
    that program is going, how it is progressing.
        Your Agency is also essential, it is essential that you use
    science-based policies to accomplish the goal of maintaining
    healthy wildlife populations and the ecosystems that support
    them. Maintaining healthy ecosystems will help ensure that our
    water, air and food is also clean and healthy. By protecting
    the environment we also protect man.
        So with that, I look forward, I will shorten my opening
    statement here and look forward to the questions and your
    testimony. I also want to thank my good friend, Tom Strickland,
    for your hard work in the Agency. You have overseen this
    particular agency, Fish and Wildlife. You have also overseen
    Parks. At the same time, as I think I said at your nomination,
    I couldn't believe you were also going to do the Chief of Staff
    job. I think you have done a remarkable job in that respect. I
    am sure that Secretary Salazar is really going to miss you, and
    certainly the country is, too. So thank you for your service.
        Thank you, Madam Chair.
        Senator Boxer. Thank you very much.
        Would you like us to put your entire statement into the
    record? We will do that, without objection.
        Actually, it is your moment now, Mr. Ashe. I am sure you
    thought at one point you would have to send in for lunch. But
    we are at that point. So welcome, and go right ahead. If you
    want to go off text and address some of the issues that were
    raised, we will give you a couple of extra minutes. It is up to
    you, or you can wait for the questions. Go right ahead.

    STATEMENT OF DANIEL M. ASHE, NOMINATED BY PRESIDENT OBAMA TO BE
                DIRECTOR, U.S. FISH AND WILDLIFE SERVICE

        Mr. Ashe. Thank you, Chairman Boxer and Ranking Member
    Inhofe, and Committee members. I do want to thank Senator
    Cardin for his very kind introduction and everyone here for the
    warm welcomes I have received as I have come to your offices
    and met with you before today's hearing.
        I would like to acknowledge a few people that are here
    today. Certainly my wife, Barbara, who has already been
    introduced, but who has stuck with me for 32 years, despite
    pretty serious addictions to work and waterfowl hunting. Our
    daughter, Mary, who has also been introduced.
        Dr. Tom Kitsos and his wife, Mary. Tom was my boss for 13
    years on Capitol Hill and my long-term mentor. Tom, Mary, thank
    you very much for being here today.
        I would like to add my congratulations and thanks to
    Assistant Secretary Tom Strickland. Tom has been a great ally
    in fish and wildlife conservation. When he departs the Interior
    Department tomorrow, he will be sorely missed in the days
    ahead.
        Just 19 months ago, our late Director, Sam Hamilton, was
    sitting where I am today, being considered for what he called
    the best job in the country. To me, Sam was leader, colleague,
    a boss and a friend. So today, I am standing on Sam's
    shoulders, but also on the shoulders of many dedicated Fish and
    Wildlife Service employees, present and past, including my own
    father. Because of his 37-year career, I have known the Service
    my entire life. Following him to wildlife refuges and
    hatcheries, I learned to band birds, to fish, to hunt, to hike,
    and just to wander about and to love the outdoors.
        The first 13 years of my career, as has been mentioned, I
    was a professional staff member for the former Committee on
    Merchant Marine and Fisheries in the U.S. House of
    Representatives, a committee with a great tradition of
    bipartisan accomplishment. A committee that not only nurtured
    great conservation laws, but great conservation leaders and
    legislators with names like Dingle, Breaux, Forsyth, Boxer and
    Inhofe.
        In 1995, then-Director Molly Beatty asked me to join the
    Service's leadership team. My Capitol Hill experience has been
    invaluable in the four leadership posts that I have held since
    then.
        I believe during that time I have earned a reputation for
    collaboration, integrity, vision and accomplishment. My
    leadership direction will be straightforward. The Service must
    have a strong scientific foundation and a culture of
    interdependence with partners.
        The Service is proudly successful, but it is one part of a
    larger conservation community that includes local, State and
    tribal governments, non-government organizations, the business
    sector and America's private land owners. The Service's success
    depends upon their success.
        Receiving the Senate's confirmation as Director would be a
    distinct honor, certainly because of the opportunity to be of
    service to the Nation, also to serve the people who are the
    U.S. Fish and Wildlife Service, people who are passionate about
    conserving wild places and wild things, and people who
    represent the very best in public service.
        I have seen it in employees working hand in hand with the
    State of California to restore San Francisco Bay wetlands. I
    have seen it in employees working alongside private landowners
    and public school teachers in Oklahoma. I have seen it in
    employees struggling against white nose syndrome in bats
    throughout the east and now into the western United States. I
    have seen it at its very best when employees literally dropped
    everything and deployed to the Gulf of Mexico in its times of
    need after Hurricane Katrina and the Deepwater Horizon oil
    spill.
        If confirmed, I hope to nurture their indomitable spirit,
    remove obstacles to their success, provide them a sense of
    direction and optimism, and set a tone for integrity and
    excellence. I am extraordinarily honored that President Obama
    and Secretary Salazar asked me to serve as Director. It seems
    just yesterday I was following my dad to wonderful places like
    Blackbeard Island, Okefenokee, Chattahoochee Forest, Sanibel
    Island and Big Pine Key. Now I am being considered to lead the
    outfit entrusted with these great places and so many more, the
    world's finest organization of fish and wildlife conservation
    professionals.
        It is humbling, and it is a powerful incentive to uphold
    the tradition of excellence that the Office of Director
    demands. With the consent of this committee and the U.S.
    Senate, I will give the job my very best.
        Thank you, Madam Chairman.
        [The prepared statement of Mr. Ashe follows:]
    Statement of Daniel M. Ashe, Nominee for Director of the U.S. Fish and
                                Wildlife Service
                                  introduction
        Thank you, Madam Chairman, Senator Inhofe, and Members of the
    committee. I am honored to be with you today as President Barack
    Obama's nominee to serve the American people as Director of the U.S.
    Fish and Wildlife Service.
        With your indulgence, I would like to begin with a short, personal
    introduction to provide some context for how I came to be here today.
                              personal background
        I have been a part of the U.S. Fish and Wildlife Service (Service)
    family for my entire life, so my nomination to serve as Director of
    this great Agency represents both the opportunity of a lifetime and an
    honor.
        I was born, and spent my childhood, in Atlanta, Georgia, where my
    father began what was to be a 37-year career with the Service. His is a
    far more interesting story than mine. Born into the industrial poverty
    of Connecticut's Naugatuck River Valley and educated with the aid of
    the GI bill, he and my mother moved to Atlanta so he could take a job
    with the Service. There, he advanced through a series of positions in
    what was then the Branch of Lands, later the Division of Realty, and
    ultimately rose to be Deputy Regional Director in the Service's
    Northeast Region. Some of my earliest and fondest childhood memories
    are accompanying my father to national wildlife refuges and fish
    hatcheries in the Southeast--such as Okefenokee, Blackbeard Island, and
    Chattahoochee Forest--where I learned to band birds, fish, hunt, hike,
    and most importantly, to simply enjoy the outdoors. I saw Service
    employees in action, doing their jobs with commitment and camaraderie,
    something I recognized but could not put into words as a kid. I met
    people who would become Service legends, like Jack Watson, the colorful
    manager of National Key Deer National Wildlife Refuge, and former
    Directors John Gottschalk and Lynn Greenwalt, whose leadership and
    vision made distinctive contributions to the Service.
        My mother grew up during the great depression, in the poor working
    neighborhoods of Bridgeport, Connecticut. She raised five boys, and,
    maybe because we had nothing else to do, was always encouraging us to
    ``go outside.'' In spring and summer, she allowed our screened porch to
    become a veritable zoological park of lizards, snakes, turtles,
    orphaned birds and even the occasional baby possum or raccoon. The
    milkman once stopped delivering to our house because the milk box was
    just a perfect reptile receptacle. She demanded excellence in school,
    and she modeled tolerance for differences among people, but intolerance
    for the racial injustices of that time. More than anyone, she taught me
    that I could accomplish anything--whether repairing a faucet or
    bicycle, competing in sports, attending college, or leading a complex
    organization--as long as I was willing to dedicate myself fully to the
    task at hand and learn from my mistakes.
        My parents did not actively encourage me to go into the
    conservation profession; they did not have to. They simply opened the
    door to the endless fascination of wild things and wild places and to
    the passion of those working to conserve our outdoor heritage. These
    early experiences gave me a deeply rooted appreciation for the work
    that the Service and its partner organizations do and a desire to play
    a part in it.
        I followed that passion to Texas A&M University and then Florida
    State University, where I earned a Bachelor of Science degree in
    biological sciences. Later, I earned a graduate degree in marine
    affairs from the University of Washington. My master's thesis, on
    estuarine wetland mitigation, was published in the Coastal Zone
    Management Journal in 1982.
        I am joined today by my wife Barbara, whom I spirited away from the
    State of Florida in 1979. She married a marine biologist and is fond of
    saying she has been moving further from the coast ever since. Barbara
    is the Executive Vice President for the Montgomery County Chamber of
    Commerce, so we have a marriage that represents the interconnectedness
    of environment and economy, and one that is always filled with lively
    discussion. We have two children, Mary and Michael. Both are pursuing
    their own course in education and life, and I am proud that they each
    have a burning love of the outdoors and an appreciation of what is
    required to conserve it.
        My journey to the Nation's capital began when I was awarded a
    National Sea Grant congressional Fellowship in 1982. For the next 13
    years, I served as a member of the professional staff of the former
    Committee on Merchant Marine and Fisheries, in the U.S. House of
    Representatives. During my time on Capitol Hill, I advised the
    Committee's Chairmen and Members on a wide range of environmental
    policy issues, including endangered species and biodiversity
    conservation, ocean and coastal resources protection, the National
    Wildlife Refuge System, the National Marine Sanctuaries Program, the
    Clean Water Act, wetlands conservation, fisheries management and
    conservation, and offshore oil and gas development--all issues of
    direct concern to the Agency I am nominated to lead. My experience on
    the Hill gave me invaluable insight into congressional operations and
    the work ethic of Members and staff, as well as an understanding and
    respect for the craft of policymaking that has served me well in my own
    work with the Service.
                          track record and experience
        When I was hired as the Service's Assistant Director for External
    Affairs in 1995, I was thrilled to have the opportunity to follow in my
    father's footsteps and make my own contribution to an agency we both
    love. In that position, I directed the Service's programs in
    legislative, public, and Native American affairs, research
    coordination, and State grants-in-aid.
        From 1998 to 2003, I served as the Chief of the National Wildlife
    Refuge System, directing operation and management of the then 93
    million-acre Refuge System and the Service's land acquisition program.
    During those 5 years, the Refuge System developed a promising vision,
    expanded its commitment to partnership, volunteerism, and ``friends''
    organizations, and set the stage for sustained success. As a result,
    the System received vastly expanded public visibility, partner and
    community involvement, and strong support within the Administration and
    Congress. Today, the Refuge System stands at more than 150 million
    acres, 553 units, and 38 wetland management districts. I believe it is
    the world's finest collection of public lands and waters dedicated to
    fish and wildlife conservation.
        Throughout much of its history, the Service has set the standard
    for science-based wildlife management, and, in my view, the best
    science must inform and underpin everything we do as an agency. I am
    proud to have contributed to a renaissance of science and
    professionalism within the Service during the 6 years I served as
    Science Advisor to the Director before becoming Deputy Director in
    2009. In this capacity, I had broad responsibility to provide
    leadership on science policy and scientific applications to resource
    management. During my tenure, the Service began developing and
    implementing an agenda for change toward a science-driven, landscape
    conservation business model designed to respond to broad threats such
    as habitat loss and fragmentation, illegal trade in wildlife, invasive
    species, growing water scarcity, wildlife disease, and global climate
    change. I also led efforts to reemphasize the importance of scientific
    research and professionalism and worked to build stronger relationships
    with the U.S. Geological Survey and scientific professional societies.
        As a member of the Service's Directorate, I have worked hard to
    ensure that this commitment to scientific integrity is maintained and
    our responsibility to the American public is fulfilled by implementing
    state-of-the art approaches to strategically address the nation's most
    pressing conservation needs. I have also provided leadership in
    implementing strategic landscape conservation as our operational
    paradigm to ensure that we target science in the right places through
    thoughtful planning, monitoring of outcomes, and adaptive management.
        The Service makes decisions every day that are important to the
    American people. The actions we take to ensure the sustainability of
    our nation's fish and wildlife resources affect both public and private
    lands and impact the quality of life, the economic well-being, and the
    recreational and aesthetic enjoyment of our citizens. Our decisions and
    actions have both immediate and long-term implications: as public
    servants entrusted by the American people with stewardship
    responsibilities for America's wildlife resources, we act on behalf of
    both present and future generations. Public service, social
    responsibility, respect for all stakeholders, and scientific integrity,
    are core values that serve as foundations of the professionalism upon
    which those that came before me built this Agency. My highest
    aspiration as Director, if confirmed, is to strengthen those
    foundational core values so that this commitment to the American public
    can be realized and the trust placed in the Agency to provide
    leadership in stewardship of our nation's wildlife resources can be
    fulfilled.
                       philosophy, priorities and vision
        My conservation philosophy is straightforward: safeguarding the
    Nation's fish, wildlife, and plant resources and our magnificent lands
    and waters requires that we recognize and capitalize on our
    interdependence with a larger conservation community that includes
    local, state, and tribal governments; non-government organizations; the
    private sector; and America's private landowners. Our work must reflect
    a unity of purpose in what we want to achieve, the vision to recognize
    the opportunities in the challenges we face, a determination to move
    forward courageously in addressing those challenges, and an optimism
    that these challenges can be met. I believe these qualities define our
    Agency and they were shared by my friend and our former U.S. Fish and
    Wildlife Service Director Sam Hamilton. Sam's tragic passing less than
    a year ago left the Service deeply wounded but, at the same time,
    inspired in us a strong desire to move forward in carrying out our
    shared vision for the Service.
                                unity of purpose
        History has demonstrated that unity of purpose yields success in
    conserving fish, wildlife, plants and habitats. When we pull together
    we get things done, whether it is the creation of a system of lands and
    waters as a refuge for wildlife, the passage of laws to protect
    endangered and threatened species, or the response to a disastrous oil
    spill. In fact, it is my belief that unity with our State fish and
    wildlife agency partners is the most consequential ingredient in our
    success. States have the principal responsibility for fish and wildlife
    stewardship in America. When they are strong in that stewardship, we
    are strong. When they succeed, we succeed. The Service's authorities
    are to enhance the work of our State counterparts. This includes
    providing a framework for migratory bird conservation across national
    and international boundaries; safeguarding endangered and threatened
    species; regulating interState and international wildlife trade; and
    acquiring and managing nationally significant habitat for wildlife and
    fish conservation. Sam and I often spoke about the importance of
    maintaining our core partnerships, particularly our crucial
    relationship with the states. He often characterized the importance of
    that relationship by saying, ``Let there be no daylight between us.'' I
    also well remember that among my father's staunchest allies, and best
    friends, were State agency directors such as Dick Cronin in
    Massachusetts and Pennsylvania's Ralph Abele. I firmly share this
    commitment to partnership with the states, and growing these
    relationships will be a key element of my agenda if I am confirmed as
    Director.
        Unity of purpose within what we collectively call the
    ``conservation community'' is also an essential ingredient to success.
    Historically, this community has run the gamut from the most
    traditional sporting organizations to the most progressive
    environmental groups. The Service has often been a place where these
    interests come together, and that was certainly an ingredient in my
    successful tenure as National Wildlife Refuge System Chief. I
    supported, and benefited from, the Cooperative Alliance for Refuge
    Enhancement , or CARE. This group includes a cast of organizations with
    very diverse missions, from the National Rifle Association to the
    Defenders of Wildlife, working together to support the National
    Wildlife Refuge System. If confirmed, you have my commitment that I
    will foster this type of unity as a means of strengthening natural
    resource conservation. I believe that no single entity, whether
    Federal, state, tribal or private, can independently address the
    conservation challenges of the 21st century. We must adopt a philosophy
    of interdependence, which requires relationships founded in respect and
    trust, and I would make this a priority during my tenure as Service
    Director.
        In the Service, we are well aware that the ``conservation
    community'' includes America's private landowners. More than 70 percent
    of land in the continental United States is in private ownership,
    largely as farms, ranches, and forests, as well as land held in trust
    by the United States for various Indian tribes and individuals. While
    the Service's collaborative efforts range as far as international
    partnerships that conserve species of concern around the globe, they
    are also as near as work with individual landowners in America through
    programs such as Partners for Fish and Wildlife.
                       vision, determination and optimism
        I believe unity of purpose leads to a renewed and expanded vision
    of what is possible in conserving our natural resources. That greater
    vision, in turn, serves to strengthen our determination to face
    adversity and act with courage and optimism, even in times of
    uncertainty. Throughout its history, the Service has demonstrated both
    the vision to identify emerging environmental threats and the
    determination to implement critical responses, whether rising to the
    challenge of the 1930's Dust Bowl of J.N. ``Ding'' Darling's tenure as
    Director, the widespread use of contaminants in Rachel Carson's era as
    a Service scientist, or the depletion of wetlands in the 1980's, when
    my father was helping lead the organization.
        We once again witnessed this vision, determination and optimism on
    the part of the Federal Government, the Service, the states, and our
    many conservation partners during the recent Gulf oil spill crisis. As
    Deputy Director during this crisis, I was proud to play a role in
    helping orchestrate the Service's response, but our Service employees
    were the real heroes. Nearly 2,000 of them--approximately 25 percent of
    the Service's workforce--worked directly on the spill, with more than
    1,500 actually deploying to the Gulf Region to assist in the response
    after the Deepwater Horizon rig exploded and sank on the night of April
    19, 2010. Service employees from all programs and pay grades cleaned
    tar balls off beaches; worked long hours behind the scenes hunched over
    laptops in Incident Command Centers; surveyed bird colonies and
    habitats by plane, helicopter, boat and on foot; rescued oiled birds
    and brought them in for cleaning; saved baby sea turtles who might
    otherwise have died; and volunteered for second, and third, and fourth
    deployments in response to the need for their services. Most important,
    the Service's men and women integrated smoothly into the largest, most
    complex, and successful Incident Command Structure ever assembled
    outside of a war zone.
        The work performed by the Service and its Federal and State
    partners has been critical to the overall response effort. We are proud
    to be playing a key role today, working in partnership with the States,
    private citizens, and the conservation community in restoring one of
    the most incredible ecosystems on the planet. This task will not be
    easy, and it won't be accomplished quickly. We are in it for the long
    haul. Nothing less than success is acceptable, and continuing our all-
    out support for Gulf Coast restoration will be among my top priorities
    as Director, should I be confirmed.
        We are living in an era of monumental conservation challenges,
    including the loss and fragmentation of habitats, genetic isolation,
    invasive species, water scarcity, and illegal wildlife trade. We know
    these challenges will be compounded by continued growth, and growing
    affluence in human populations and the associated demands on land and
    water resources. We know they will be magnified by the effects of a
    changing climate. All of these stressors work in concert--24 hours a
    day and 7 days a week--cumulatively challenging our efforts to sustain
    healthy, vibrant ecosystems, particularly in regard to those species
    already recognized as endangered, threatened, or imperiled. Our vision
    and our determination must be equal to these challenges.
        Now more than ever our conservation work must be science-driven,
    and the activities we undertake for species on the ground, at
    individual project sites, must strategically support achievement of our
    conservation goals at broader scales, across entire species' ranges, or
    what we would call ``landscapes.'' A more holistic conservation
    approach is particularly critical in understanding and responding to
    nationwide resource threats, such as the spread of white-nose syndrome
    (WNS) in bats--animals essential in our ecosystems as pollinators, seed
    dispersers, and providers of natural pest control. Named for the white
    fungus that appears on the muzzle and other body parts of hibernating
    bats, WNS has spread rapidly across the eastern United States, killing
    more than 1 million bats. The fungus has been detected as far west as
    Oklahoma, and is expected to continue spreading.
        To effectively manage these kinds of emerging challenges and to
    ensure sustainable natural systems into the future, we must develop the
    capacity to envision and deliver conservation across connected networks
    of habitats, based on scientific understanding and predictions of
    species' needs. That is why the Service is working with its sister
    bureaus in the Department of the Interior and with government, non-
    government, and private sector partners to establish a network of
    Landscape Conservation Cooperatives (LCCs), a system of science-
    management partnerships working in unison to support on-the-ground
    strategic conservation efforts at landscape scales. LCCs operate within
    a specific landscape--at present, 21 geographic areas in all. Active
    partners include Federal, state, and local governments; tribes;
    universities; non-governmental organizations; landowners; and others
    involved in resource management. Collectively, LCCs represent a
    national, and ultimately, international network of land, water,
    wildlife and cultural resource managers and interested public and
    private organizations.
        Vision in the area of scientific capacity, capability, and
    excellence would also continue to be a priority for me as Director, if
    confirmed, as it has been in my role as Deputy Director. Science is, I
    believe, the key to conservation success on the ground. From the
    creation of the world's most comprehensive waterfowl surveys to the
    pioneering work on the effects of DDT on migratory birds, the Service
    has built a reputation for science excellence that spans decades. In
    recent years, we have renewed our commitment to science within the
    Agency, taking a number of key steps including the development of the
    Service's first ever Scientific Code of Professional Conduct and two
    peer-review journals to support the work of our scientists and provide
    our employees with the best tools available to accomplish our
    conservation mission.
        Through careful consultation with its partners and employees, the
    Service will identify additional priorities for conservation science
    and develop additional capacity and partnerships to develop, acquire
    and apply science with unsurpassed excellence. I will aspire to
    continue strengthening the culture and capacities for scientific
    excellence as Service Director, should I be confirmed.
        At the same time, we are investing in technological tools a
    valuable payoff in times of tight budgets and smaller staffs. The use
    of Geographic Information Systems, for example, is transforming the way
    that our field personnel are capturing, analyzing, and managing habitat
    data; they are able to do in hours what otherwise would have taken
    months to accomplish. Our efforts to make this and other tools more
    widely available will have both immediate and long-term benefits. If
    confirmed as Director, I aspire to continue working for gains in
    science and technology that are reshaping the way the Service does
    business in the 21st Century and equipping our workforce with the
    necessary tools to conserve, protect and enhance fish, wildlife, and
    plants and their habitats--trust responsibilities that are unwavering
    even as our world continues to change.
        In 1973, Congress passed the Endangered Species Act (ESA) by a
    nearly unanimous vote to protect those species in danger of extinction
    or under threat of becoming endangered. The Service is, in large
    measure, the Agency entrusted with administering the Act. I believe
    that as a country, we can take great pride in the fact that this
    legislation has been a success story and has prevented the loss of
    hundreds of species, including the bald eagle and the peregrine falcon.
        In implementing the ESA, we will identify opportunities to more
    fully engage states and tribes as partners in managing threatened and
    endangered species and their habitats as we operate within our limited
    resources and ever-increasing workload. More energy and attention
    should be focused on species recovery--the ultimate goal of the Act. If
    confirmed, I would work closely with the Committee on this issue.
        Of equal importance is the need to address a continuing and
    alarming downward trend in our Nation's fish species resulting from
    loss in the amount and quality of freshwater, estuarine, and marine
    habitats. America's fisheries have sustained our people since our
    earliest history, and today a multi-billion-dollar industry in
    commercial and recreational fishing helps to support our economy. For
    more than 100 years, the Service's hatchery program has worked to
    facilitate recreational fishing and aquatic habitat restoration through
    partnerships with states and tribes that benefit local communities. If
    confirmed one of my priorities will be ensuring that our Nation's fish
    and aquatic communities are receiving the attention and resources
    necessary, including through voluntary partnerships and other capacity-
    building endeavors, to successfully foster fish habitat conservation
    and provide benefits to the American people.
        Last March Secretary Salazar released The State of the Birds 2010
    Report, which assessed the vulnerability of nearly 800 bird species to
    climate change and indicated that climate change will have an
    increasingly disruptive effect on bird species in all habitats. The
    Report noted that all 67 oceanic bird species, including petrels and
    albatrosses, are among the most vulnerable birds in the United States
    to climate change. For bird species that are already of conservation
    concern, such as the golden-cheeked warbler and the whooping crane, the
    added vulnerability to climate change may hasten declines or prevent
    recovery. Key to addressing this challenge is continued strong support
    and growth of partnership conservation initiatives such as Joint
    Ventures--self-directed, regional partnerships that deliver science-
    based, on-the-ground conservation.
        The State of the Birds 2009 Report also highlighted examples where
    habitat restoration and conservation actions have reversed previous
    declines. These improvements are largely attributable to a strong focus
    on wetlands conservation and management, particularly the overwhelming
    success of a continental waterfowl management plan that involved the
    restoration and management of more than 30 million acres of wetlands by
    the United States, Canada, and Mexico. The efforts though programs and
    initiatives like Joint Ventures have demonstrated that bird populations
    show amazing resilience and ability to recover when the health of their
    habitat is sustained or restored. When we apply conservation,
    conservation works.
        Contributing to these conservation successes is the Service's Law
    Enforcement program, whose efforts I am committed to strengthening. Our
    Office of Law Enforcement investigates wildlife crimes, helps Americans
    understand and obey wildlife protections laws, works in partnership
    with international, state, and tribal counterparts to conserve wildlife
    resources and regulate wildlife trade. I am particularly concerned with
    bolstering those activities that combat the unlawful take and
    commercialization of our rarest wildlife species and address other
    critical threats to wildlife conservation. The Office's special agents,
    who pursue crimes that range from wildlife profiteering to habitat
    destruction, and wildlife inspectors, who provide the Nation's front-
    line defense against wildlife smuggling, work on more than 13,000
    investigations each year. The success of this work is even more
    critical now as wildlife resources face new pressures from climate
    change and habitat transformation.
        Our National Wildlife Refuge System will be front and center in
    this effort, as well as in the Service's climate adaptation and
    landscape-scale conservation strategies. If I am confirmed, I look
    forward to working with Secretary Salazar, in close collaboration with
    the Senate Environment and Public Works Committee and the House Natural
    Resources Committee, to strengthen the integrity of the National
    Wildlife Refuge System and chart a clear course for the System as a
    crucial element in shaping the Nation's environmental future.
        Just as the Fish and Wildlife Service works to preserve the
    diversity of America's natural resources, we are also following the
    Department of the Interior's lead in building a workforce that reflects
    the diversity of the American people. My father is proud of the fact
    that he hired the first modern-era female refuge manager at Canaan
    National Wildlife Refuge in West Virginia in the mid-70's--not very
    long ago. Today, the Service's workforce is strengthened by a growing
    gender, racial, and ethnic diversity, but we still have a long way to
    go.
        Diversity is a long-term, ongoing commitment. If confirmed, I will
    commit to an increased focus on this important effort. This is not just
    the right thing to do for people; it is also a smart way to carry out
    conservation. Unity of purpose requires that the makeup of our
    organization be reflective of American society as a whole. We will work
    as an executive team to set and accomplish diversity goals, and
    managers and supervisors will be held accountable for achieving
    measurable, meaningful, and lasting results in this area. We are
    committed to doing a better job of marketing the Service to
    nontraditional audiences, committing resources, training our managers
    and supervisors, developing our employees, and recognizing those who
    have taken personal responsibility for organizational change.
                                   conclusion
        I would be profoundly honored to become Director because of the
    great opportunity it gives me to be of service, both to the Nation and
    to an organization whose mission I strongly believe in. What I learned
    from my dad and from watching Service employees growing up is that
    public service is a privilege and a high calling, one that I answered
    early on in my career. The issues we are dealing with on a daily basis
    as a Service are very important to me and are my life's work.
        Next, I am convinced that what came before, including my experience
    on Capitol Hill and the four leadership positions I held in the
    Service, has prepared me for the task that lies ahead as Director,
    should I be confirmed. My desire is to apply all that I have learned
    from life and from some exceptional leaders I have had the chance to
    observe, including in the U.S. Congress, to foster the unity of
    purpose, create the vision, unleash the determination, and apply the
    spirit of optimism that are needed to ensure a sustainable future for
    fish and wildlife and healthy ecosystems for wildlife and people. I am
    excited about what is possible for the Service and for the Nation as we
    move forward in creating science partnerships across the public and
    private sectors through LCCs; as we leave ``no daylight between us'' in
    our collaboration with states and other partners; as we pursue
    scientific excellence within and outside our ranks to inform our
    decisionmaking; as we move forward in restoring Gulf Coast ecosystems;
    as we seek ways to improve our implementation of conservation laws; as
    we work to reconnect people to the great outdoors; and as we grow a
    diverse and inclusive workforce that will prepare this organization to
    lead our conservation mission well into the future. I believe that in
    every challenge there are incredible opportunities waiting to be seized
    upon by those with the motivation and the tenacity to do so.
        That brings me to the final, and most important reason, I would be
    honored to serve: the people who make up the U.S. Fish and Wildlife
    Service. Our employees give everything they have to the mission out of
    their passion for America's fish, wildlife and plant resources and the
    incredible diversity of landscapes and water bodies that support them.
    These employees do not need anyone to ``motivate'' them--they are
    driven by their deep-seated desire to ensure the legacy of wild places
    and wild things for this and future generations. What those inside the
    Service know is that when it comes to leadership, it is strong at every
    level of the organization. We are led both top down and bottom up. Some
    of the most exciting innovations we have undertaken, including carbon
    sequestration to reduce atmospheric greenhouse gases and strategic
    habitat conservation, were ideas that began at the field level, where
    most of our workforce is employed. My job as Director, if confirmed,
    would be to nurture, foster, and guide that indomitable spirit of
    innovation, remove obstacles to our success, and lead us forward in
    pursuing the relationships and the organizational and scientific
    excellence that will be required to achieve the Service's and the
    Nation's conservation mission.
        I am extraordinarily grateful that President Obama and Secretary
    Salazar have placed their trust in me as the nominee to serve as
    Director of the Fish and Wildlife Service. If confirmed, I can assure
    you that I will work in a spirit of collaboration with Congress, state,
    tribal and Federal agencies, and all stakeholders in pursuing what I
    know to be our mutual interests in securing the health and well-being
    of our Nation's fish and wildlife resources and their habitats for the
    benefit of the American people. I am honored and humbled at the
    opportunity to appear before you and happy to answer any questions you
    may have concerning my qualifications and willingness to lead what I
    believe to be the finest organization of fish and wildlife conservation
    professionals in the world.

        Senator Boxer. Thank you so very much for your eloquent
    testimony.
        I have a couple of required questions for your nomination.
    Do you agree, if confirmed by the Senate, to appear before this
    committee or designated members of this committee and other
    appropriate committees of the Congress and provide information,
    subject to appropriate and necessary security protection, with
    respect to your responsibilities?
        Mr. Ashe. I do.
        Senator Boxer. Do you agree to ensure that testimony,
    briefings, documents and electronic and other forms of
    communication are provided to this committee and its staff and
    other appropriate committees in a timely manner?
        Mr. Ashe. I do.
        Senator Boxer. Do you know of any matters which you may or
    may not have disclosed that might place you in any conflict of
    interest if you are confirmed?
        Mr. Ashe. I do not.
        Senator Boxer. OK.
        Let me just say, I don't have a lot of questions, Mr. Ashe,
    because to me, you are an excellent nominee. Your dedication to
    this, your willingness to work with all of us, I think it
    shines through. I am going to put a couple of things in the
    record. The Ranking Member and I are very good friends. We
    agree on a lot of things, and we disagree on some things. It is
    no great shock to know that we do disagree on the issue of
    climate change.
        Instead of getting through a back and forth, in my view, I
    am going to put at this point into the record a release that
    was put out by President Bush's Interior Secretary, Dirk
    Kempthorne, and this is what it said: ``Today, as President
    Bush announced U.S. support for development of a new framework
    on climate change, Secretary of the Interior Dirk Kempthorne
    affirmed that the ongoing work of the new Interior Department
    Climate Change Task Force is essential to ensuring that his
    department fulfills its mission.'' He says, ``I recently
    created the Department of the Interior Task Force to study
    climate change, because of its possible effects on our ability
    to be good stewards of wildlife, national parks and other
    landscapes, as well as our responsibility to help moderate
    greenhouse gas emissions.'' He says ``This is a priority for
    both Department leaders and employees in the field.''
        [The referenced information was not received at time of
    print.]
        Senator Boxer. I put that in the record, because there is a
    misconception here that this is turning into a Republican
    versus Democratic battle. Maybe it is today, but it certainly
    wasn't at that time.
        The other thing I want to put in the record is very
    important, and I think Senator Udall, you would be interested
    in this. There is a very important report that was put out
    about a year ago. It is called Global Warming's Threat to
    Hunting and Fishing. In the report, at the top page, it is a
    quote from your dad. It says, ``Each generation has its own
    rendevous with the land. By choice or by default, we will carve
    out a land legacy for our heirs.'' Stuart Lee Udall. Then it
    goes on, and the people who issued these report are: Ducks
    Unlimited, Trout Unlimited, the Isaak Walton League of America,
    the Bass ESPN Outdoors, the Association of Fish and Wildlife
    Agencies, the Coastal Conservation Association, the American
    Sportfishing Association, Pheasants Forever, the Boone and
    Crockett Club. This report was edited and supported by the
    Wildlife Management Institute and the Theodore Roosevelt
    Conservation Partnership.
        So the reason I want to put this in the record, and I will
    just read one paragraph in my time remaining, ``The urgency to
    address the effects of climate change on fish and wildlife have
    become increasingly evident. Already, waterfowl exhibit changes
    in seasonal distribution. Higher water temperatures and
    diminished stream habitat are threatening coldwater fish, such
    as trout and salmon. Big game are shifting to more northerly
    latitudes and to higher elevations to escape summer heat and
    find suitable forage. With each passing season, the need to
    develop strategies and invest in management practices to assist
    fish and wildlife adapting to a warmer world becomes more
    imperative.''
        [The referenced information was not received at time of
    print.]
        Senator Boxer. So now again, this isn't any politician
    saying this. This is Ducks Unlimited, Trout Unlimited, et
    cetera.
        So I just put those in the record, because I think they
    stand, I think they are eloquent statements without politics
    getting into it, mine or anybody else's.
        So I guess my one question is, because this is so important
    to all of us here, do you promise us that science will lead you
    in all of these issues, regardless of what it is? Will science
    lead you? Will you tell us what the science shows you? It is up
    to us to balance the science with other issues that we face.
    But from you, I believe it is your job, that is what I believe
    your job is, to let us know what the science is on what is
    happening to our fish and wildlife. Would you promise that
    today?
        Mr. Ashe. I will, Senator Boxer. The acquisition and the
    application of the best available science is a priority for me
    with respect to everything that the Fish and Wildlife Service
    does. I think it is particularly important in the arena of
    changing climate that we understand the implications and the
    effects of a changing climate system on fish and wildlife
    resources. Because that is our responsibility. Our
    responsibility is to ensure that we are taking the steps today
    that are going to be providing a healthy fish and wildlife
    resource 10 and 20 and 30 years from now.
        So it is very important for us that we make the right
    investments today, knowing what we know, and using what the
    best science available tells us.
        Senator Boxer. Of course. When I mention climate change,
    and put these in the record, I don't mean to suggest that that
    is the only threat out there to our fish and wildlife. They are
    going through a lot of other issues in my State, as well as
    climate change.
        Last thing, I ask unanimous consent to enter into the
    record letters from a range of business, conservation, hunting
    and fishing organizations that support Dan Ashe's nomination.
    These include National Wildlife Refuge Association, American
    Fisheries Society, American Fly Fishing Trade Association,
    American Sports Fishing Association, National Marine
    Manufacturers Association, the Nature Conservancy, the Theodore
    Roosevelt Conservation Partnership, the Association of Fish and
    Wildlife Agencies, Ducks Unlimited and the National Wild Turkey
    Federation.
        With that I call on Senator Inhofe.
        [The referenced information was not received at time of
    print.]
        Senator Inhofe. Thank you, Madam Chairman.
        First of all, I would agree, and you can add my name to
    that list. I can't think of anyone more qualified for this job,
    with your background, which has been covered thoroughly.
        I would ask unanimous consent, so that I don't use all my
    time responding to your opening remarks, that my opening
    remarks and my testimony to the House Committee on Energy and
    Commerce 6 days ago be made a part of the record at this point
    in the record.
        Senator Boxer. Absolutely, without objection.
        [The referenced information was not received at time of
    print.]
        Senator Inhofe. Now, Mr. Ashe, when I first read this
    thing, examine everything we do, every decision we make, every
    dollar we spend through the lens of climate change, what was
    your role in adopting that language?
        Mr. Ashe. That language specifically I don't believe I
    played any particular role. I did play a leading role in the
    development of that strategic plan. So I, as Science Advisor,
    pulled together our climate strategic plan team, which spanned
    the entire agency. It was that team that put together that
    strategic plan and I certainly nurtured that to its end point.
        Senator Inhofe. Thank you.
        The confirmation I would like to have from you is that you
    would commit that you would manage this Agency, if confirmed,
    to the original statutory mandate and that you will ensure
    listing decisions and other important business is conducted
    according to the strictly defined statutory definition, which
    is found in section 1533 of 16 U.S.C.A.
        Mr. Ashe. Yes, sir. Our job, the mission of the U.S. Fish
    and Wildlife Service is to conserve, protect and enhance fish,
    wildlife and plants and their habitat for the continuing
    benefit of the American people. We have a number of statutory
    provisions that we are responsible fro administering. I will do
    that.
        Senator Inhofe. Good. I appreciate that.
        The next question I have has to do with the Candidate
    Conservation Agreements. We went through in December of last
    year the issuance of a proposal to list the sand dune lizard,
    habitat mostly in the New Mexico and the Texas area. But then
    later on, the discussion moved on to the lesser prairie
    chicken, which is of course Oklahoma and other surrounding
    States.
        It is my feeling, after looking at this, that the Candidate
    Conservation efforts were pretty much undermined. This is where
    we get the landowners, the stakeholders, those people that I
    talked about in my opening statement, having to do with
    Partners Program, and the Candidate Conservation agreements. I
    guess, I believe that there is a lot of effort now just to run
    this thing with a political agenda. That is not you, but this
    is the thing that I believe is going on now.
        So the question I would ask is, if you are confirmed, will
    you commit to me that you will increase the use of CCAs and
    that you will give them adequate time to work so that we can
    allow ranchers and others to stay in business and protect the
    species at the same time, which is what they believe the CCA
    program is designed to do?
        Mr. Ashe. Yes, sir, I will. The Candidate Conservation
    program will be a personal priority of mine, and is a priority
    for the Agency. Because that is the effort that allows us to
    take action early on and hopefully avoid the need to list
    species in the first place. That should be our first option.
        Senator Inhofe. I have been told by some of the individuals
    who are in, these would be stakeholders, that the local, I
    stress local Fish and Wildlife and Bureau of Land Management
    officials felt that we did not exercise the CCA part of the
    determination as we should have. I would like to have you check
    that out with those individuals, if you are confirmed, to find
    out what those local officials felt about the CCA program.
    Would you do that?
        Mr. Ashe. I will do that, Senator, and if I am confirmed, I
    would very much like to work with you to look for opportunities
    for us to improve our ability to apply the Candidate
    Conservation program.
        Senator Inhofe. When you were in my office, I told you, we
    kind of relived the successes of the Partnership Program.
    Again, I don't remember whether you were out there at the
    hearing that we had in Oklahoma. That was an eye opener, it
    demonstrated very clearly that people did want to practice good
    environmental and conservation practices on their land. I have
    been concerned that several millions of dollars came out of
    that program for the ``assistance and response to climate
    change.'' I would ask that if you are confirmed, would you
    commit to return the Partnership Program to its purpose, which
    is to work with private landowners to restore fish and wildlife
    habitat on private lands? Would you do that?
        Mr. Ashe. Senator, if I am confirmed, I will work with you
    to ensure that that program continues to do that. Because I
    believe that is exactly what the program is doing today. What
    we need to do is actually expand that concept and that
    framework. Earlier this year, I was with Secretary Salazar in
    the Flint Hills of Kansas, where we were standing shoulder to
    shoulder with livestock producers who are supporting our effort
    to establish a 1.1 million acre conservation area to put
    easements on that landscape and preserve that working way of
    life. It was Jim Minerath, who is a private lands biologist for
    the Fish and Wildlife Service, who has really been the spark
    that has made that entire partnership possible.
        But the idea of working with landowners, particularly in
    working landscapes like the Flint Hills, like the Rocky
    Mountain Front of Montana, that is an important.
        Senator Inhofe. Like the Little Sahara in Oklahoma.
        Mr. Ashe. Yes. There you go.
        Senator Inhofe. You just talked about Kansas, that is just
    to the north of the area near Woodward, OK, that we have one of
    the greatest success stories in the program. So yes, I know
    that you believe in that, I know that you want to enhance that.
        Mr. Ashe. I was not at the hearing that you mentioned with
    former Director Hall. But I have been in Oklahoma and I spent
    time with our private lands biologist there, with public school
    teachers in the Tulsa area. It is tremendous, the kind of work
    that we are doing there and the kind of reaction that we get
    from both the landowners and the young children who are going
    to be tomorrow's conservationists. So I absolutely believe that
    that is a key element of our success.
        Senator Inhofe. I appreciate that. It is actually in
    Edmond, Oklahoma, we have had some huge successes in teaching
    these young people and bringing them up. That is a very
    important part of this program.
        I am sorry I went a little bit over.
        Senator Boxer. That is OK, that is fine.
        Senator Cardin.
        Senator Cardin. Thank you, Madam Chair, and Mr. Ashe,
    again, welcome to our committee.
        One of the most important functions of this committee is
    oversight, it is to make sure that the policies of our Nation
    are being properly implemented. On the Water and Wildlife
    Committee, there is no higher priority than to make sure we get
    the Natural Resources Damage Assessment right for Deepwater
    Horizon, because that will be the basis of what we hope will be
    the remedial plans to protect future generations from the
    damage that was caused by Deepwater Horizon. The subcommittee I
    chair held a hearing on the 111th Congress to try to get a grip
    on how the Federal Agencies were proceeding on the NRDA
    assessment.
        As I understand it, Fish and Wildlife will play a critical
    role in that regard, as the lead trustee in making those
    evaluations. So I am going to ask a question for the record,
    because I think it is absolutely critical that we, the
    Environment and Public Works Committee, get information that is
    important to make sure that the damage assessment is being done
    in the most professional way.
        So my question to you, if confirmed as Director of the Fish
    and Wildlife Service, will you commit to keep this committee
    informed about progress and let us know about any issues,
    whether financial or otherwise, that might impede this Natural
    Resource Damage Assessment?
        Mr. Ashe. If confirmed, I do make that commitment, Senator
    Cardin. I do think that is where my experience as a
    professional staff member in the House of Representatives, I
    have sat on the other side of the dais, I know what it is like
    to be in that position, and it will be a priority for me.
        Senator Cardin. We need to work together on this issue,
    there is no question about it. It is a very difficult
    circumstance, an unprecedented spill with unprecedented
    potential damages. The remedial plans are going to be difficult
    under the most ideal circumstances. But getting the damage
    assessment right, to me, is going to be absolutely essential.
    We look forward to working with you in that regard, and I
    expect our Subcommittee, with the Chairman's consent, will be
    holding additional hearings on the damage assessment and on the
    remedial plans. Thank you for that commitment.
        I want to ask one more question as it relates to the issue
    of climate change. Looking at it from a different perspective,
    I want to talk a little bit about the impact it has had on my
    State of Maryland. Blackwater, which we talked about before,
    Blackwater National Wildlife Refuge, is critically important to
    the environment of the Chesapeake Bay, our entire region. It
    has the most important wetlands that affect the Bay. It is
    important for the bald eagle, and the list goes on and on and
    on.
        Blackwater is disappearing. According to the 2008 Society
    for Wetlands Science report, Blackwater is losing on average
    300 acres of land per year due to rising water levels, with
    5,000 acres of marshland lost since the 1930's. So we are
    seeing much of this land disappear because of sea level
    increased.
        Now, there are reasons, but clearly, warmer climate has had
    an impact on sea level in our region, and could affect, have a
    dramatic impact, not just on Blackwater but have a dramatic
    impact on our entire region. It is my understanding Blackwater
    is not the only example where we have had sea level rise
    increases as a result of climate change.
        So I guess my question to you, as part of your work, will
    you be looking at refuges generally, particularly Blackwater,
    to see whether the best science is used as a result of climate
    change to try to mitigate as much as possible the loss of these
    value refuges.
        Mr. Ashe. I will, Senator Cardin.
        The Blackwater is not just important to me, because it is
    such a great refuge, but because my father did much of the
    acquisition work at Blackwater, and he worked with the State of
    Maryland in acquiring the adjacent State management areas at
    Taylor's Island and Fishing Bay. So that represents a great
    landscape for the Fish and Wildlife resource.
        We have 177 coastal refuges. So the potential for sea level
    rise is important to the management of the resources that we
    are entrusted with. It is also an important issue for the
    taxpayer. Senator Barrasso mentioned earlier that the
    taxpayers' money must be spent where it does the most good. So
    as we look at the future, we could look at a refuge like Archie
    Carr National Wildlife Refuge in the State of Florida, which is
    the most productive nesting beach for sea turtles in North
    America.
        Property, land in and around Archie Carr can cost as much
    as $1.5 million an acre. So as we make decisions about
    acquiring additional land at refuges like Archie Carr, we need
    to understand sea level rise, so that we are applying the
    taxpayers' dollars where they are going to have the most
    benefit, and they are going to have a lasting benefit for that
    resource. In that case, it is a nesting sea turtle. In the case
    of Blackwater, it is our waterfowl resource that is an
    important lifeblood for the economy in Maryland for waterfowl
    hunting, and certainly an important and passionate pursuit of
    my own.
        Senator Cardin. Thank you, and Madam Chair, I would just
    like to point out again for the record that your father, Mr.
    Ashe, was largely responsible for helping develop the Federal
    program for the Chesapeake Bay. I am glad to see that you are
    following in your father's footsteps.
        Senator Boxer. OK. Just for the benefit of all members, we
    have a vote scheduled for noon. I think we are going to be on
    time.
        Senator Barrasso, you are next.
        Senator Barrasso. Thank you very much, Madam Chairman.
        Mr. Ashe, I appreciate very much your openness and
    frankness in answering the questions. I agree with Senator
    Inhofe about your qualifications, your commitment, obviously
    hearing about your father's role in this has prepared you very
    well.
        When you said at the end of your testimony that you will
    give it your very best, I absolutely believe you.
        We had a chance to talk about that area of nesting sea
    turtles in Florida when you came to my office. I want to get to
    the issue now of the recovery of the gray wolf. It is a big
    issue, as you heard from Senator Crapo of Idaho, you have heard
    from our colleague, Senator Baucus of Montana. I would like you
    to explain to the people of our States why the gray wolf is on
    the Endangered Species List in the first place in places like
    Wyoming, when there are thousands of gray wolves in Canada.
        Mr. Ashe. Thank you, Senator Barrasso, and thank you for
    the opportunity you gave me to speak in your office. I
    appreciate the warm welcome you gave me there.
        The question you ask about gray wolf, the Endangered
    Species Act asks the Fish and Wildlife Service to make listing
    determinations when a species is endangered or threatened in
    all or a portion, or a significant portion of its range. It
    also, when we look at listing species, it asks us to look at
    the species as a whole, a sub-species or distinct population
    segment.
        So our job is to look at the science, and if a species is
    endangered in a significant portion of its range, like the bald
    eagle, the bald eagle was always healthy and secure in Canada
    and in Alaska, but it was clearly endangered in a significant
    portion of its range, which was the lower 48 States. The wolf
    had been extirpated in its traditional range in the lower 48
    States, so that is why it was listed.
        Senator Barrasso. There is a lot of discussion about what
    the historic range of the gray wolf has been. We actually have
    a chart of the historic range of the gray wolf, and it includes
    forested communities in Vermont, New York, New Jersey, Rhode
    Island. That is the historic range. So people of the Rocky
    Mountain West, when they see the wolf, there are now wolves in
    Oregon, they have gone all over the place, you know the jokes
    about where are they going to put it next. But this is the
    historic range of the gray wolf, and that is what the concerns
    continue to be.
        Mr. Ashe. Sir, our objective, in March or early April, we
    will be proposing to de-list the wolf in the western Great
    Lakes, where we have a biologically recovered population, and
    we have three States who have developed, and we have been able
    to approve their management plans for the gray wolf in the
    Great Lakes States. We are developing a recovery plan for the
    Mexican wolf, working with our State and other partners. We are
    revising our recovery plan for the Mexican wolf. As you know,
    we are working through the crisis that we have in the northern
    Rocky Mountains.
        So as we in the Fish and Wildlife Service look at recovery
    for the gray wolf, we are looking at those three populations as
    representative of recovery.
        Senator Barrasso. I like the fact that you used the word
    crisis, because that is what the people in the Rocky Mountain
    west believe this is, it is a crisis with the wolf. So thank
    you.
        In the remaining time, when you were in my office last
    week, I asked whether you thought the Congress intended the
    Endangered Species Act, Clean Air Act, Clean Water Act, NEPA to
    be climate change-regulating tools when they passed the bills.
    I think you told me that they were not, at the time they passed
    the bills. I think that is correct.
        I submitted some written questions to the Agency in
    November. I asked if the Fish and Wildlife Service believed
    there were constraints on the ability of the Service to save
    threatened or endangered species from climate change and the
    issues of climate change. The Agency's response was a little
    different. They said they are going to continue to assess its
    statutory authority and the regulations and policy created
    under it to fulfill the intention of Congress in crafting,
    passing and amending these laws.
        So I guess the question is, which is it? Did Congress
    intend these environmental laws to be climate tools, or did
    they not? Because I agreed with what you told me in my office
    last week.
        Mr. Ashe. Congress did not intend them to be climate change
    tools, and the Fish and Wildlife Service is not the responsible
    authority for the regulation of greenhouse gases. As we
    discussed, we do have a responsibility for the conservation of
    fish, wildlife and plants, and in this case, endangered fish,
    wildlife and plants. So as to our authorities to take actions
    to conserve those species, meaning habitat restoration,
    intervention, where we need to do captive propagation and
    reintroduction of those species, we believe we have all the
    authorities that we need to do that work. I think our response
    indicated that if we see additional authorities that we need,
    we will come to Congress and ask you for those authorities.
        Senator Barrasso. Thank you, Mr. Ashe. Thank you, Madam
    Chairman. My time is up.
        Senator Boxer. Thank you very much.
        We will go to Senator Lautenberg next.
        Senator Lautenberg. Thank you, Madam Chairman.
        Mr. Ashe, you defined the threat to the bat population as
    very serious in your remarks. I ask whether or not the impact
    to humans is also an awareness that the public and that we here
    should focus on.
        Mr. Ashe. Is the threat to humans----
        Senator Lautenberg. The threat to the bat population.
        Mr. Ashe. Senator, I am not aware of any linkage in terms
    of health problems.
        Senator Lautenberg. How about the West Nile virus or that
    kind of thing?
        Mr. Ashe. Clearly, there is a class of diseases generally
    termed zoonotic diseases, which are potentially transferable
    between wildlife populations and human populations. Several
    years ago, we had a concern about the avian flu. So there are
    periodically concerns about the potential for transfer between
    wildlife populations and human populations.
        So we have to always be thoughtful of that. That is why
    wildlife disease is a particularly important issue in
    conservation. We need to have increasing amounts of information
    about how disease affects wildlife populations throughout their
    range. That certainly is the challenge with white nose
    syndrome.
        Senator Lautenberg. What steps thus far has Fish and
    Wildlife taken to combat this problem?
        Mr. Ashe. The problem of white nose syndrome?
        Senator Lautenberg. Yes.
        Mr. Ashe. We have taken the leadership role at the Federal
    level. We----
        Senator Lautenberg. What is involved, Mr. Ashe, in that
    leadership role?
        Mr. Ashe. We have taken Fish and Wildlife resources and
    combined those with resources in the U.S. Geological Survey and
    others to address some of the key scientific questions about
    the white nose syndrome. We have established a national
    coordinator position in our northeastern region. We have taken
    the leadership in developing a national management plan for the
    white nose syndrome, which is currently out for public comment.
        So we have been engaging, as the disease has moved to the
    west, we have been engaging with our partners in the Park
    Service, the Forest Service and the BLM and our State partners
    to try to put in place voluntary measures to close caves as
    necessary, and also to inform the public, cavers and others,
    about the ways that they can prevent the spread of this fungus.
        Senator Lautenberg. Yes, this is an enormous threat to the
    ecological balance that we strive so hard to maintain. I don't
    know that it is getting the attention that it might, and that
    is why I have developed this emergency wildlife disease threat
    to try and deal with it more aggressively. I hope that we can
    find a way to do that.
        Even those who question whether global warming is man-made
    acknowledge the average temperature of the planet has risen
    significantly over the past century. Shouldn't we all be able
    to agree that fish and wildlife needs the resources to help
    wildlife adapt to the warming that is already happening? No
    matter what the cause is of the rising temperatures. I look at
    polar bears and note the threats to their continuation. We look
    at species of fish and we note that there are species highly
    endangered.
        What can we do to get some consensus of view as to what we
    are obliged to do to curb these problems?
        Mr. Ashe. I want, Senator, to thank you first of all for
    your leadership on white nose syndrome. That is a particularly
    vexing and problematic issue for the Fish and Wildlife Service.
    Having your support has been invaluable as we have tried to
    reconcile our kind of uncertainties and need for new knowledge
    with the imperative to take action. So I want to thank you for
    your leadership.
        I do want to say that I think with regard to climate
    change, I think we share a common interest, that we need to
    have additional scientific information and understanding about
    the effects on fish and wildlife populations, so that we can
    begin to do the work that is necessary on the ground. I think
    it is bringing those two together, the need for more
    information with the need to take action now in the face of
    uncertainties. Because the things we are doing with private
    landowners and other partners on the landscape today are going
    to provide the habitat and the conditions for these species 20,
    30, 40, 50 years from now.
        So the kind of marrying of those two, the need for
    information with the need to act I think is going to be key as
    we go forward.
        Senator Lautenberg. Madam Chairman, I want to enter into
    the record a letter I have that expresses from a bunch of
    NGO's, expressing support for the Wild Disease Emergency Act.
    It includes the American Wildlife Society, and the Natural
    Resources Defense Council, et cetera.
        Senator Boxer. Thank you, Senator.
        [The referenced information was not received at time of
    print.]
        Senator Lautenberg. Thank you, Madam Chairman. Thank you
    very much, Mr. Ashe.
        Senator Boxer. Thank you.
        Senator Vitter.
        Senator Vitter. Thank you, Madam Chairman. Thank you again,
    Mr. Ashe. I just have four pretty focused questions.
        First, have you ever provided any internal agency documents
    which were not then public to an environmental NGO which were
    then used in adverse legal actions against the Department of
    Interior?
        Mr. Ashe. No, sir, not to my knowledge.
        Senator Vitter. Second, Mr. Ashe, a lot of our discussion
    is about sound science. I think we all agree that sound science
    should be the top guiding factor. We may disagree about what
    that means in particular circumstances.
        In the recent Interior action I am most concerned about in
    the Gulf, as you know, the President appointed a 30-day review
    commission of expert scientists who gave him a report. Then, as
    I am sure you are aware, the White House changed elements of
    the executive summary of the report to suggest that those
    scientists supported the moratorium, which they didn't.
        They said so publicly, and they objected to that. In fact,
    the Federal district court judge that I alluded to who has
    since issued a civil contempt order against the Department also
    had something to say about that.
        Do you think that episode is a good model in terms of using
    sound science to guide policy?
        Mr. Ashe. Senator Vitter, that is not an area within the
    area of the Fish and Wildlife Service. I am not familiar with
    it in detail, so I don't think I can provide an answer to your
    question regarding that.
        Senator Vitter. Well, certainly, it is one of the biggest
    things Interior has dealt with in the last year, and certainly
    it was a significant media and public story. So do you have a
    personal reaction to what you know about it?
        Mr. Ashe. I guess I would say to you, Senator, I know what
    I read in the paper on a matter like that. So giving you my
    personal opinion about it would be just that, it would be an
    opinion on my behalf.
        Senator Vitter. I understand that. Can I have your personal
    opinion about it?
        Mr. Ashe. I think, Senator, I guess I would be happy to
    discuss my personal opinions with you in person. I don't think
    it is appropriate for me to do it in a hearing such as this,
    where I am here to speak to my qualifications to running the
    U.S. Fish and Wildlife Service.
        Senator Vitter. Well, you know, normally, one of the
    standard questions a committee asks a high level nominee is,
    are you prepared to come before us when we ask you to and give
    us your best advice. Not necessarily the company line, your
    best advice in general, are you prepared to do that?
        Mr. Ashe. In general, I am prepared to do that, Senator,
    with regard to the things that I am qualified to provide you
    with advice on. I will do that, any time, should I be
    confirmed, I will do that any time the committee requests me to
    do that. But it would be on matters on which I am qualified to
    give you advice, sir.
        Senator Vitter. OK. Well, in this regard, could I ask you
    to read up on this and submit to us in writing your reaction to
    that incident, which goes to a broad issue of the use or mis-
    use of sound science in the Interior Department?
        Mr. Ashe. Senator, I would be happy to speak to the people
    in the Department who are expert on that matter and have them
    give their advice to you on that matter. Again, I don't think
    it is my responsibility or place in the Administration to be
    providing you with advice on any matter that falls outside of
    the jurisdiction of the Fish and Wildlife Service and the
    matters that we are responsible for.
        Senator Vitter. OK. Well, actually, I have been asking
    those folks to testify before us, before other committees about
    that for several months now. So if you could pull that off, I
    would appreciate it. I had made that request months ago.
        Mr. Ashe. I will do everything that I can do, Senator.
        Senator Vitter. Right. Third, let me ask you about this.
    One of the President's appointees to the oil spill commission
    is the executive director of the National Resources Defense
    Council. Now the National Resources Defense Council is poised
    to file lawsuits against Interior as soon as Interior issues
    any drilling permits in the Gulf, even if it is completely
    consistent with the Commission's recommendations. Does that
    strike you as a conflict or an otherwise odd situation?
        Mr. Ashe. Senator, I think it is a situation that we are
    often confronted with. An analogy within the Fish and Wildlife
    Service's area of responsibility is a recently completed effort
    where we had a Federal advisory committee on guidelines for the
    operation of wind turbines and the avoidance of impact and
    effect on migratory birds. On that Federal advisory committee
    are representatives of the wind industry, representatives of
    our State partners, representatives of non-governmental
    organizations, all of whom are providing us with advice on how
    to put together a voluntary framework, so that hopefully wind
    turbine projects, the development, the construction and the
    operation of them will be consistent with the requirements of
    the Migratory Bird Treaty Act.
        Any of those people could, subsequent to that, decide to
    challenge us on an individual matter of implementation. That
    could come from the industry, it could come from an
    environmental organization. I think what we have to do is
    respect their right to do that. What we are asking them in that
    context is their best advice, and recognizing that at some
    point in the future, they may decide that it is necessary for
    them to take legal action against us.
        Senator Vitter. So if a person in that situation gives his
    or her best advice, if the overall commission agrees with that,
    adopts it, if an agency follows it and then if that person's
    NGO sues the Agency over it, you wouldn't find that odd?
        Mr. Ashe. If they are following the guidelines, in this
    case, if they are following our guidelines, I think there is
    always difference of interpretation on matters like that. So if
    an individual wind company feels like they followed the
    guidelines to the best of their understanding, but we simply
    have a disagreement, then it is their privilege to challenge
    the Fish and Wildlife Service's interpretation and action. I
    think we have to respect that, if we are going to use those
    kinds of Federal advisory committees and other mechanisms to
    get the best advice that we can from the industry and from the
    environmental community.
        Senator Vitter. Madam Chair, I have one more question. Can
    I ask it?
        Senator Boxer. Yes.
        Senator Vitter. Thank you.
        Mr. Ashe, last year, a district court judge in the Ninth
    Circuit said the Fish and Wildlife Service had ordered a
    protection plan under the Endangered Species Act that was
    ``arbitrary, capricious and unlawful.'' He also noted that
    ``The public cannot afford sloppy science.'' The same judge
    said NEPA requires agencies to look at the human impact of
    their decisions.
        Does the Fish and Wildlife Service look at the human impact
    of its decisions in that NEPA context and exactly how does it
    do that?
        Mr. Ashe. I am not familiar with the specific reference
    that you are making. But I would be happy to, if you could give
    me, if your staff or you could give me the specific citation, I
    would be happy to respond to you for the record on that point.
        Senator Vitter. OK. Well, of course, we will do that. But
    the idea of human impact is not just about this case, it is
    about NEPA.
        Mr. Ashe. Correct. The National Environmental Policy Act
    requires us to do analysis that looks at significant effects on
    the human environment. That is the terminology in the National
    Environmental Policy Act. We comply with that, which is
    certainly not to say that courts always agree with us. As
    Senator Barrasso and Senator Baucus have both mentioned
    previously, the Fish and Wildlife Service has tried twice to
    de-list the gray wolf in the Northern Rocky Mountains, and
    courts unfortunately have disagreed with us in those cases.
        So from time to time, courts to disagree with us about the
    interpretation and implementation of the law.
        Senator Vitter. Final sub-question about that, does that
    human impact analysis include impact on jobs or economics?
        Mr. Ashe. Again, the specifics, let me get back to you for
    the record on that, sir.
        Senator Vitter. OK. Thank you, Madam Chairman.
        Senator Boxer. Thank you very much.
        I learned a lot from that series of questions about NEPA. I
    thank you for that series of questions, Senator.
        Well, I think that your time in the hot seat is over, and
    we are all impressed with you. I need to say that questions
    will be due from EPW members a week from today. Get your
    questions in, Senators. Responses from the nominee will be due
    a week after that. So you will be busy cramming with your
    answers. But we really do thank you for being willing to take
    on this task. We know it came about in a very unfortunate
    situation. We however are so pleased that you are carrying on
    the traditions of your family. We again thank the family for
    coming and--wait, Senator Inhofe.
        Senator Inhofe. It is very unusual, Mr. Ashe, that we get
    people either before this committee or other committees for
    confirmation hearings that have the background and
    qualifications that goes beyond generations that you have. I
    know without even saying that you are going to be looking back
    at the history from the very beginning of what you did and what
    your function is and your interest in getting from the private
    sector and all the programs that we mentioned.
        So I think, Madam Chairman, we are very fortunate to have
    Mr. Ashe as our nominee.
        Senator Boxer. Well, we do agree on that.
        We stand adjourned.
        [Whereupon, at 11:45 a.m., the committee was adjourned.]
        [Additional material submitted for the record follows.]

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