[Congressional Record Volume 145, Number 96 (Thursday, July 1, 1999)]
[Extensions of Remarks]
[Pages E1486-E1487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INTRODUCTION OF THE ARCTIC TUNDRA HABITAT CONSERVATION ACT

                                 ______
                                 

                            HON. JIM SAXTON

                             of new jersey

                    in the house of representatives

                         Thursday, July 1, 1999

  Mr. SAXTON. Mr. Speaker, I am pleased to introduce the Arctic Tundra 
Habitat Emergency Conservation Act. This legislation will address the 
devastating impact that an exploding population of light geese is 
having on the fragile Canadian Arctic tundra.
  The U.S. Fish and Wildlife Service has been monitoring light geese 
populations for over 50 years. During that time, the population that 
migrates in the Mid-Continent region has increased from 800,000 birds 
in 1969 to more than 5 million geese today. This population is 
projected to increase more than five percent each year and, in the 
absence of new wildlife management actions, there will be more than 6.8 
million breeding light geese in three years.
  While these geese are fully protected under the Migratory Bird Treaty 
Act of 1918, this unprecedented population explosion is creating 
serious problems. The geese's appetite for Arctic coastal tundra has 
created a strip of desert stretching 2,000 miles in Canada. These birds 
are world-class foragers, and their favorite foods are found in the 
135,000 acres that comprise the Hudson Bay Lowland Salt Marsh 
ecosystem. In fact, they like this vegetation so much they are eating 
it much faster than its ability to regrow. These geese are literally 
eating themselves out of house and home and, in the process, destroying 
thousands of acres of essential, irreplaceable nesting habitat. These 
wetlands are critical to the survival of not only light geese but 
hundreds of other migratory species including brants, black ducks, 
mallards, and dozens of songbirds.
  According to various scientists, one-third of the lowlands habitat 
has been destroyed, one-third is on the brink of devastation, and the 
remaining one-third is overgrazed.
  In response to this growing crisis, representatives from the U.S. 
Fish and Wildlife Service, Canadian Wildlife Service, various State 
fish and game agencies, and nongovernmental organizations including 
Ducks Unlimited and the National Audubon Society formed the Arctic 
Goose Habitat Working Group. This ad hoc group met over a period of 
many months, and the results of their deliberations were incorporated 
within a report entitled ``Arctic Ecosystem in Peril''. While this 
report issued in

[[Page E1487]]

1997 contained a number of recommendations, its clear conclusion was 
that the population of light geese must be immediately reduced by at 
least 5 to 15 percent each year. This report stated: ``This habitat 
damage is increasing in extent and will not be corrected or reversed by 
any known natural phenomenon. We cannot forecast how long it will be 
before most of the finite supply of habitat that is available for 
nesting by tundra and coastal-breeding birds will be permanently 
degraded or destroyed.''
  On November 9, 1998, the U.S. Fish and Wildlife Service issued two 
proposed rules to reduce the ever-expanding population of light geese. 
These rules did not embrace all of the recommendations of the Arctic 
Goose Habitat Working Group. In fact, they were a modest effort to 
increase the harvest of light geese by authorizing the use of 
electronic goose calls, unplugged shotguns, and allowing certain States 
to authorize hunting outside of the traditional hunting season which 
normally runs from September 1st to March 10th. At the time, the 
Director of the U.S. Fish and Wildlife Service stated ``Too many light 
geese are descending each year on nesting areas that simply cannot 
support them all. If we do not take steps now, these fragile ecosystems 
will continue to deteriorate to the point that they can no longer 
support light geese or the many other species of wildlife that share 
this Arctic habitat. The steps proposed by the U.S. Fish and Wildlife 
Service are strongly supported by the Canadian Wildlife Service.''
  After issuing these proposed regulations, the Service received over 
1,100 comments from diverse interests representing State wildlife 
agencies, Flyway Councils, private and native organizations, and 
private citizens. A majority of the comments strongly supported the 
proposed actions by the U.S. Fish and Wildlife Service, which has 
conducted a thorough environmental assessment of the various regulatory 
options to reduce the population.
  On April 15, 1999, the Subcommittee on Fisheries Conservation, 
Wildlife and Oceans, which I chair, conducted its second oversight 
hearing on Mid-Continent light geese. At that hearing, the U.S. Fish 
and Wildlife Service testified that ``virtually every credible wildlife 
biologist in both countries, believes that the Mid-Continent light 
geese populations has exceeded the carrying capacity of its breeding 
habitat and that the population must be reduced to avoid long-term 
damage to an ecosystem important to many other wildlife species in 
addition to snow geese.''
  In addition, a representative of the National Audubon Society 
testified that ``these burgeoning numbers of Mid-Continent lesser snow 
geese have caused widespread and potentially irreversible devastation 
to two-thirds of the habitat that otherwise would be mostly pristine 
tundra west of Hudson Bay in Canada. If we do not act, nature will not 
`take its course' in the short time needed to halt devastation of the 
tundra.''
  Finally, the Chairman of the Arctic Goose Habitat Working Group, who 
is also the Chief Biologist of Ducks Unlimited, stated that ``the 
finite amount of suitable goose breeding habitat is rapidly being 
consumed and eventually will be lost. Every technical, administrative, 
legal and political delay just adds to the problem. There is real 
urgency here as we may not be far from the point where the only choice 
is to record the aftermath of the crash of goose numbers with the 
related ecosystem destruction with all the other species that live 
there with the geese.''

  At the same hearing, the Humane Society of the United States argued 
that a ``do nothing'' approach to the management of light geese was the 
preferred option. While the easy answer might be to let nature run its 
course, after all some have argued this is a Canadian problem, to sit 
idly by and allow this environmental catastrophe to continue to occur 
is simply irresponsible. Furthermore, man created this problem by 
providing these geese with an almost endless supply of food. In 
Arkansas, Louisiana, and Texas alone, there are more than 2.25 million 
acres of rice farms that have become a buffet bar for these birds. As a 
nation, we have also created dozens of National Wildlife Refuges that 
have become sanctuaries for these birds. As a result, these geese are 
living longer, are healthier, and are reproducing at an alarming rate. 
We have already altered the course of nature and that is why the U.S. 
Fish and Wildlife Service, the Canadian Wildlife Service, the 
International Association of Fish and Wildlife Agencies, the Flyway 
Councils, and almost every well-known wildlife biologist has flatly 
rejected to ``do nothing'' approach. It is wrong and it will cause 
irreparable harm to the Arctic tundra habitat.
  I want to personally commend the Director of the U.S. Fish and 
Wildlife Service, Ms. Jamie Clark, for her tireless leadership and 
courage on this difficult issue. The Service went to extraordinary 
lengths to carefully evaluate each of the various management options, 
obtain the views of each of the affected stakeholders, and to do what 
was best for the species and its habitat. The regulations it issued 
were a responsible step in the right direction and they were fully 
consistent with the recommendation of the Arctic Goose Habitat Working 
Group.
  Sadly, in response to a legal challenge filed in U.S. District Court 
by the Humane Society of the United States, the U.S. Fish and Wildlife 
Service withdrew these two regulations on June 17th. While the judge 
did not rule on the merits of the regulations, the Service was 
instructed to complete an environmental impact statement. This process 
will take between 12 and 18 months to complete and during that time, 
the tundra will continue to be systematically destroyed an acre at a 
time. This is an unacceptable situation.
  Since I refuse to simply do nothing, I am today introducing the 
Arctic Tundra Habitat Emergency Conservation Act. This is a simple 
bill. It will legislatively enact the two regulations, already 
carefully evaluated and approved by the U.S. Fish and Wildlife Service. 
What this means is that States would have the flexibility to allow the 
use of normally prohibited electronic goose calls and unplugged 
shotguns during the regular hunting season provided that other 
waterfowl and crane seasons have been closed. In addition, the 24 
affected States are given the authority to implement conservation 
orders under the Migratory Bird Treaty Act that would allow hunters to 
take Mid-Continent light geese outside of the traditional hunting 
framework. Both of these rules will give States a better opportunity to 
increase their light goose harvest.
  My bill legislatively enacts these regulations in their identical 
form. In addition, the bill sunsets when the Service has completed both 
its environmental impact statement and a new regulatory rule on Mid-
Continent light geese. This rule could be the same of different from 
those originally proposed in November of last year. My bill is an 
interim solution to a very serious and growing environmental problem.
  As Director Clark so eloquently state, ``For years, the United States 
has inadvertently contributed to the growth of this problem through 
changes in agricultural and wetland management. Now we can begin to say 
we are part of the solution. If we do not take action, we risk not only 
the health of the Arctic breeding grounds but also the future of many 
of America's migratory bird populations.''
  I wholeheartedly agree with that statement and urge my colleagues to 
join with me in trying to stop this environmental catastrophe by 
supporting the Arctic Tundra Habitat Emergency Conservation Act.
  I am pleased that a number of our distinguished colleagues, including 
Don Young, John Dingell, Saxby Chambliss, Collin Peterson, Chip 
Pickering, Duncan Hunter, Duke Cunningham, and John Tanner have agreed 
to join with me in this effort.

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