[Congressional Record Volume 145, Number 111 (Monday, August 2, 1999)]
[House]
[Pages H6771-H6773]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ARCTIC TUNDRA HABITAT EMERGENCY CONSERVATION ACT

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2454) to assure the long-term conservation of mid-continent 
light geese and the biological diversity of the ecosystem upon which 
many North American migratory birds depend, by directing the Secretary 
of the Interior to implement rules to reduce the overabundant 
population of mid-continent light geese, as amended.
  The Clerk read as follows:

                               H.R. 2454

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H6772]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Arctic Tundra Habitat 
     Emergency Conservation Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) The winter index population of mid-continent light 
     geese was 800,000 birds in 1969, while the total population 
     of such geese is more than 5,200,000 birds today.
       (2) The population of mid-continent light geese is 
     expanding by over 5 percent each year, and in the absence of 
     new wildlife management actions it could grow to more than 
     6,800,000 breeding light geese in 3 years.
       (3) The primary reasons for this unprecedented population 
     growth are--
       (A) the expansion of agricultural areas and the resulting 
     abundance of cereal grain crops in the United States;
       (B) the establishment of sanctuaries along the United 
     States flyways of migrating light geese; and
       (C) a decline in light geese harvest rates.
       (4) As a direct result of this population explosion, the 
     Hudson Bay Lowlands Salt-Marsh ecosystem in Canada is being 
     systematically destroyed. This ecosystem contains 
     approximately 135,000 acres of essential habitat for 
     migrating light geese and many other avian species. 
     Biologists have testified that \1/3\ of this habitat has been 
     destroyed, \1/3\ is on the brink of devastation, and the 
     remaining \1/3\ is overgrazed.
       (5) The destruction of the Arctic tundra is having a severe 
     negative impact on many avian species that breed or migrate 
     through this habitat, including the following:
       (A) Canada Goose.
       (B) American Wigeon.
       (C) Dowitcher.
       (D) Hudsonian Godwit.
       (E) Stilt Sandpiper.
       (F) Northern Shoveler.
       (G) Red-Breasted Merganser.
       (H) Oldsquaw.
       (I) Parasitic Jaeger.
       (J) Whimbrel.
       (K) Yellow Rail.
       (6) It is essential that the current population of mid-
     continent light geese be reduced by 50 percent by the year 
     2005 to ensure that the fragile Arctic tundra is not 
     irreversibly damaged.
       (b) Purposes.--The purposes of this Act are the following:
       (1) To reduce the population of mid-continent light geese.
       (2) To assure the long-term conservation of mid-continent 
     light geese and the biological diversity of the ecosystem 
     upon which many North American migratory birds depend.

     SEC. 3. FORCE AND EFFECT OF RULES TO CONTROL OVERABUNDANT 
                   MID-CONTINENT LIGHT GEESE POPULATIONS.

       (a) Force and Effect.--
       (1) In general.--The rules published by the Service on 
     February 16, 1999, relating to use of additional hunting 
     methods to increase the harvest of mid-continent light geese 
     (64 Fed. Reg. 7507-7517) and the establishment of a 
     conservation order for the reduction of mid-continent light 
     goose populations (64 Fed. Reg. 7517-7528), shall have the 
     force and effect of law.
       (2) Public notice.--The Secretary, acting through the 
     Director of the Service, shall take such action as is 
     necessary to appropriately notify the public of the force and 
     effect of the rules referred to in paragraph (1).
       (b) Application.--Subsection (a) shall apply only during 
     the period that--
       (1) begins on the date of the enactment of this Act; and
       (2) ends on the latest of--
       (A) the effective date of rules issued by the Service after 
     such date of enactment to control overabundant mid-continent 
     light geese populations;
       (B) the date of the publication of a final environmental 
     impact statement for such rules under section 102(2)(C) of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)); and
       (C) May 15, 2001.
       (c) Rule of Construction.--This section shall not be 
     construed to limit the authority of the Secretary or the 
     Service to issue rules, under another law, to regulate the 
     taking of mid-continent light geese.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Mid-continent light geese.--The term ``mid-continent 
     light geese'' means Lesser snow geese (Anser caerulescens 
     caerulescens) and Ross' geese (Anser rossii) that primarily 
     migrate between Canada and the States of Alabama, Arkansas, 
     Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, 
     Louisiana, Michigan, Minnesota, Mississippi, Missouri, 
     Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, 
     South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Service.--The term ``Service'' means the United States 
     Fish and Wildlife Service.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Saxton) and the gentleman from California (Mr. George 
Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Mr. Speaker, I am pleased that we are considering H.R. 
2454, the Arctic Tundra Habitat Emergency Conservation Act. This 
bipartisan legislation addresses the devastating impact of an exploding 
population of light geese, more commonly known as snow geese.
  Included within the Members' folders is a chronology on the issue. 
The U.S. Fish and Wildlife Service has been monitoring snow geese 
populations for over 50 years. During that time the mid-continent 
population, that is the population that frequents the Mississippi 
flyway, has increased from 800,000 birds in 1969 to more than 5.2 
million geese today. In the absence of new wildlife management actions, 
there will be more than 6 million breeding light geese in 3 years.
  This unprecedented population explosion is creating serious problems. 
The geese appetite for Arctic coastal tundra has created a strip of 
desert stretching for 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. These geese 
are literally eating themselves out of house and home and, in the 
process, destroying thousands of acres of irreplaceable nesting 
habitat. These wetlands are crucial to the survival not only of light 
geese but to dozens of other species.
  On February 16, the U.S. Fish and Wildlife Service issued two final 
rules to reduce this ever-expanding population of light geese. Sadly, 
in response to a legal challenge, the U.S. Fish and Wildlife Service 
withdrew these two regulations on June 17. 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 by an ever-increasing 
population of light geese.
  This is a simple bill. It will reinstate the two regulations already 
carefully evaluated, approved and then withdrawn by the Fish and 
Wildlife Service. States would have the flexibility to allow the use of 
electronic goose calls and unplugged shotguns, and to implement 
conservation orders to take mid-continent light geese.
  H.R. 2454 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 rule on mid-continent light 
geese. In short, this is an interim solution to a very serious and 
evergrowing environmental problem.
  Mr. Speaker, I urge an ``aye'' vote.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  (Mr. GEORGE MILLER of California asked and was given permission to 
revise and extend his remarks.)
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise in support of 
this legislation with the changes that have been made in terms of 
making this program available for the next two hunting seasons. I think 
that puts the kind of limitation on it that we can monitor and will 
make it a well-run program.
  In game bird and wildlife management, some times our best efforts to 
restore wildlife populations can go awry and produce unintended 
consequences, and that seems to be the case with mid-continent light 
geese.
  No reasonable field biologist who has examined light geese census 
data disputes the fact that the population of light geese has shot up 
dramatically over the past decade to a point now where the birds are 
virtually eating themselves out of their arctic and subarctic nesting 
habitats. Our own management actions, including the establishment of 
protective areas and abundance of cereal grain crops, are partly to 
blame, but so is the natural wariness and reproductive capacity of this 
species.
  And so, we are left with the unfortunate reality that in one or 
another--either through increased human harvest or natural mortality--
population of light geese will be culled in order to prevent widespread 
habitat deterioration. It is a regrettable circumstance which offers no 
simple, painless solutions.
  H.R. 2454 would authorize two emergency regulations proposed earlier 
this year by the Fish and Wildlife Service to increase the harvest of 
light geese in States within either the Mississippi and Central 
flyways. These regulations were broadly supported by a wide range of 
State and private wildlife and conservation organizations, including 
Ducks Unlimited and the National Audubon Society.
  These regulations were withdrawn earlier this year by the Fish and 
Wildlife Service after

[[Page H6773]]

a Federal appeals court ruled that the Service needed to complete a 
full environmental impact statement (EIS) regarding the proposed 
emergency actions. I commend the Service for voluntary withdrawing 
their proposed regulations and for recognizing the need to develop a 
full EIS, and urge the Service to complete this EIS at the earliest 
possible date.
  I think it important to note for members that Congress is legislating 
in this matter solely because all other administrative options 
available to the Service--under NEPA or any other statute--had been 
exhausted, and that the only remedy remaining was a legislative fix. 
This is an important factor driving the need for this legislation.
  I do appreciate the helpful modifications made to the bill in the 
Resources Committee. Even improved, the bill does contain two troubling 
provisions of which I am still concerned. First, the bill would waive 
all procedural requirements under the National Environmental Policy Act 
(NEPA). and second, the bill authorizes the use of otherwise outlawed 
hunting practices, notably the use of electronic calling devices and 
un-plugged shotguns.
  However, while I personally disagree with the Congress passing 
legislation to waive NEPA or to authorize the otherwise illegal hunting 
methods, and while I remain concerned that these regulations may be too 
broad, I realize that under the constraints of this specific emergency 
situation, such provisions may be warranted, if not necessary.
  Moreover, I am pleased that the Resources Committee amended the bill 
to include an expiration date of May 15, 2001, or earlier if the 
Service files its final EIS before that date, to limit the duration of 
this emergency action.
  And while I believe the Fish and Wildlife Service will act in good 
faith to complete the EIS at the earliest possible date, I also believe 
that a fixed expiration date is necessary to ensure that a temporary 
action does not inadvertently become permanent. I look forward to the 
Service completing its EIS, and I hope that this additional analysis 
will provide other alternatives to address the overabundance of light 
geese in a less indiscriminate manner and without requiring Congress to 
pass legislation.
  Mr. DINGELL. Mr. Speaker, I rise in strong support of the legislation 
being offered today by the gentleman from New Jersey [Mr. Saxton].
  H.R. 2545, the ``Arctic Tundra Habitat Emergency Conservation Act,'' 
quite simply is trying to head off an unmitigated conservation disaster 
for white geese, including greater and lesser snow geese and Ross' 
geese. During the past three decades, these mid-continent snow geese 
species populations have literally exploded, from an estimated 800,000 
in 1969 to more than five million today. This dramatic increase has 
resulted in the devastation of nearly 50,000 acres of snow geese 
habitat around Canada's Hudson Bay. This tundra habitat, most of which 
comprises a coastal salt marsh, is vital for nesting. As the snow geese 
proliferate and consume this habitat, other populations of birds are 
also placed at risk by this loss of habitat.
  A special report issued in January 1998, by Ducks Unlimited provides 
a good example of the depth and the breadth of the problem. In studies 
conducted in Churchill, Manitoba, there were 2,000 nesting pairs in 
1968. In 1997, that number grew to more than 40,000 pairs. The result 
is a cruel fate for the birds, particularly the thousands of orphaned, 
malnourished and eventually dead goslings who cannot survive on barren 
tundra.
  Together with expected population increases is another vexing 
problem: recovery of habitat, destroyed by overfeeding at this far-
north latitude, is expected to take at least 15 years; it will take 
even longer if some of the acreage continues to be foraged by geese 
during the recovery period.
  The U.S. Fish and Wildlife Service has been working for a few years 
in partnership with the Canadian Wildlife Service, several departments 
of Fish and Game, Ducks Unlimited, the Audubon Society and other non-
governmental entities to try to address the problem. In February of 
this year, the Fish and Wildlife Service issued two final rules to 
authorize the use of additional hunting methods to reduce the 
population of snow geese so that a reasonable population can survive on 
a viable habitat. The goal was to reduce the number of mid-continent 
light geese in the first year by 975,000 using additional hunting 
methods carefully studied and approved by the Fish and Wildlife 
Service.
  Unfortunately, the Service withdrew the rules in the aftermath of a 
court challenge. The result of inaction, however, would be devastating. 
Chairman Saxton was correct to press for a legislative solution to 
expedite the recovery process by implementing the Service's rules, as 
the bill before us does today. It is clear that human decision making 
has contributed mightily to the light geese problem through increased 
agricultural production, sanctuary designation, and reduction in 
harvest rates.
  Mr. Speaker, the bill before us takes an affirmative and humane step 
to help assure the long-term survival of mid-continent light geese and 
the conservation of the habitat upon which they and other species 
depend. I urge my colleagues to support this important bill.
  Mr. YOUNG of Alaska. Mr. Speaker, as co-author of H.R. 2454, I rise 
in strong support of the Arctic Tundra Habitat Emergency Conservation 
Act. The fundamental goal of this legislation is to stop the 
destruction of the Canadian Arctic Tundra by a growing population of 
mid-continent light geese. If we do not act, these valuable wetlands 
may be lost forever.
  Three years ago, the U.S. Fish and Wildlife Service joined with the 
Canadian Wildlife Service, Ducks Unlimited, the National Audubon 
Society and several State and Provincial Fish and Game Departments in 
forming the Arctic Goose Habitat Working Group. After carefully 
studying the problem, the Group issued a report that recommended that 
the population of mid-continent light geese, which now numbers more 
than five million birds, be cut in half within six years.
  The working group suggested that the food supply be reduced along 
U.S. Flyways, baiting of light geese be permitted, sharpshooters be 
hired to kill large numbers of geese and additional hunting methods 
such as electronic goose calls and unplugged shotguns be utilized.
  The Fish and Wildlife Service carefully reviewed these 
recommendations and it conducted an exhaustive analysis of the various 
wildlife management options to reduce the population. It flatly 
rejected the flawed idea of ``letting nature run its course'' because 
it would cause an environmental catastrophe and many of the suggestions 
of the Working Group were not implemented.
  In fact, in the end, the Service issued two modest rules which would 
have increased the harvest of light geese by allowing hunters to use 
electronic calls and unplugged shotguns. While these changes by 
themselves would not save the fragile Arctic ecosystem, they were a 
responsible step in the right direction.
  Once enacted these rules will reduce the population of mid-continent 
geese and more importantly they will slow the destruction of the Arctic 
Tundra that is being transformed from thickly vegetated wetlands to a 
virtual desert.
  In La Prouse Bay in Canada, which is a critical nesting site, more 
than 60 percent of the salt-marsh vegetation has already been destroyed 
or damaged to the point where it is unable to nourish birds.
  Regrettable, in response to a court order, the Fish and Wildlife 
Service withdrew their regulations and they are now completing an 
Environmental Impact Statement on mid-continent light geese.
  While that occurs, the Arctic Tundra will continue to be destroyed an 
acre at a time and these essential wetlands which provide life for 
literally hundreds of avian species, besides geese, will be 
irreplaceably lost.
  There is a better way. H.R. 2454 will reinstate the Fish and Wildlife 
Service's rules in their identical form. It is a temporary solution and 
it will sunset no later than May 15, 2001. This legislation is strongly 
supported by the Administration, the States, and by most of the 
conservation community including Ducks Unlimited and the National 
Audubon Society.
  In closing, let me quote from the Chairman of the Arctic Goose 
Habitat Working Group, Dr. Bruce Batt, who testified 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 geese.''
  I urge an aye vote on H.R. 2454, a bipartisan bill that will save 
critical Arctic wetlands.
  Mr. GEORGE MILLER of California. Mr. Speaker, I have no further 
requests for time, and I yield back the balance of my time.
  Mr. SAXTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Saxton) that the House suspend the rules 
and pass the bill, H.R. 2454, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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