[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[House]
[Pages 18545-18547]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 ASIAN CARP PREVENTION AND CONTROL ACT

  Mr. CONYERS. Madam Speaker, I move to suspend the rules and pass the 
bill (S. 1421) to amend section 42 of title 18, United States Code, to 
prohibit the importation and shipment of certain species of carp.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1421

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Asian Carp Prevention and 
     Control Act''.

     SEC. 2. ADDITION OF SPECIES OF CARP TO THE LIST OF INJURIOUS 
                   SPECIES THAT ARE PROHIBITED FROM BEING IMPORTED 
                   OR SHIPPED.

       Section 42(a)(1) of title 18, United States Code, is 
     amended by inserting ``of the bighead carp of the species 
     Hypophthalmichthys nobilis;'' after ``Dreissena 
     polymorpha;''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Poe) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. Madam Speaker, I yield myself as much time as I may 
consume.
  Madam Speaker and Members of the House, S. 1421 prohibits importation 
and interstate shipment of certain species of carp and amends section 
42 of

[[Page 18546]]

title 18 of the code to add the bighead variety of the species commonly 
known as Asian carp to the list of injurious species that are 
prohibited from being shipped in or imported into the United States.
  Asian carp are a significant threat to the Great Lakes because they 
are large, extremely prolific, and consume vast amounts of food. They 
can grow to more than 6 feet in length and weigh in excess of 100 
pounds, quickly dominating the waters they inhabit and eating as much 
as 40 percent of their body weight daily.
  Researchers caution that these fish could pose a significant risk to 
the Great Lakes ecosystem by damaging habitats and disrupting the food 
chain that supports native fish. In the 1970s, two species of Asian 
carp, the bighead and silver, were imported by catfish farmers to 
remove algae and suspended matter from their ponds. During large floods 
in the early 1990s, many of the catfish ponds overflowed their banks, 
and the Asian carp were released into local waterways in the 
Mississippi River basin.
  In an effort to prevent the carp from getting to the Great Lakes, a 
barrier was constructed in the Chicago Sanitary and Ship Canal which 
connects the Mississippi River to the Great Lakes. Unfortunately, the 
Asian carp are steadily making their way northward up the Mississippi, 
and Asian carp DNA has been discovered beyond the barrier.
  If these carp reach Lake Michigan, they are likely to spread 
throughout the Great Lakes, where they would threaten the environment 
and the economy. The Great Lakes are some of the most unique bodies of 
water on the planet, and they would threaten not only the commercial 
but recreational fishing on the lakes, both of which are major 
contributors to the economies of Great Lakes States.
  The Asian Carp Prevention and Control Act lists the bighead variety 
of the species called Asian carp as injurious to wildlife under the 
Lacey Act. And by including them in the Lacey Act, this bill will 
prohibit importation or interstate transportation of live Asian carp 
without a permit.

                              {time}  1620

  It is our hope that this will help deter further intentional or 
accidental introduction of the species into our waterways.
  It should be noted that this legislation does not interfere with 
existing State regulations of Asian carp. In addition, permits to 
transport or purchase live Asian carp can still be issued for 
scientific, medical, or educational purposes.
  I commend my colleagues, the senior Senator from Michigan, Carl 
Levin, and Senator George Voinovich, co-chairs of the Great Lakes Task 
Force, for introducing this legislation, and hope it will be favorably 
considered in this body.
  Madam Speaker, I reserve the balance of my time.
  Mr. POE of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  S. 1421, the Asian Carp Prevention and Control Act, amends the Lacey 
Act to designate the ``big head'' species of Asian carp as injurious 
fish. This bill was introduced by Senator Carl Levin of Michigan and 
recently passed the Senate by unanimous consent. My colleague, Mrs. 
Biggert from Illinois, sponsored the House companion bill to this 
legislation, H.R. 3137, and has been a tireless champion of this 
legislation.
  According to the Environmental Protection Agency, Asian carp were 
imported by catfish farmers in the 1970s to remove algae from their 
commercial ponds. During large floods in the early 1990s, many of the 
catfish farm ponds overflowed their banks and the Asian carp were 
released into local waterways in the Mississippi River basin.
  The carp have steadily made their way north up the Mississippi, 
becoming the most abundant species in some areas of the river. Dubbed 
the ``underwater lawn mower,'' these enormous fish have become a menace 
to native species and their habitats. Asian carp can grow to over 4 
feet long and over 100 pounds in weight. These fish can consume nearly 
three times their body weight in food each day. As a result, Asian carp 
leave little food or no food supply for the other fish.
  As the fish move upstream toward the Great Lakes, they threaten the 
food supply of sport fish such as the yellow perch, walleye, and small 
mouth bass. Carp are well-suited to the climate of the Great Lakes 
region, which is similar to their native Asian habitats.
  To prevent the carp from entering the Great Lakes, the U.S. Army 
Corps of Engineers, the Environmental Protection Agency, the State of 
Illinois, the International Joint Commission, the Great Lakes Fishery 
Commission, and the U.S. Fish and Wildlife Service are working together 
to install and maintain a permanent electric barrier between the fish 
and Lake Michigan.
  This designation prohibits the importation and interstate shipment of 
Asian carp unless a permit is issued by the Secretary of the Interior. 
The penalty for illegally importing or shipping Asian carp is a fine or 
imprisonment up to 6 months. This bill is supported by Members from 
both sides of the aisle in both the House and the Senate. I urge my 
colleagues to vote in favor of this bill.
  Mr. Speaker, I yield such time as she may consume to the author of 
this bill, the gentlewoman from Illinois (Mrs. Biggert).
  Mrs. BIGGERT. Madam Speaker, I rise today to ask my colleagues to 
support Senate 1421, the Asian Carp Prevention and Control Act. This is 
the Senate companion to a bill I have sponsored in this House since 
2007, and its passage will be a long overdue victory for wildlife 
preservation here in the United States.
  As most of you know, those of us in the Illinois delegation have 
worked tirelessly to stem the spread of invasive species into the Great 
Lakes ecosystem for many years. Currently, Asian carp are the single 
greatest biological threat to that natural habitat, having traveled for 
the last four decades up the Mississippi River basin into the Illinois 
River, and now is close to the shipping and sanitary canals that 
connect our rivers to the freshwater lakes, particularly Lake Michigan. 
These ferocious fish prey on and compete with the native species for 
food and eat up to 40 percent of their body weight every day, as has 
been mentioned. And because they eat the natural plant life near the 
bottom of the food chain, they can quickly displace native species, 
destroy fishing habitats, and threaten maritime jobs.
  The reason these fish came to become such a nuisance and cost 
taxpayers millions of dollars to combat is because they were imported 
into the U.S. by the southern fish farmers who used them to clean their 
breeding ponds. Subsequent flooding allowed them to escape into our 
river system and eventually travel up from the gulf towards Lake 
Michigan.
  Madam Speaker, it is long past the time to recognize that these 
species do not belong in fish tanks--they certainly wouldn't fit 
because they grow so large--and domestic ponds where they could find 
their way into other fragile ecosystems.
  In Illinois, we have spent an awful lot of time working on ways to 
keep those fish out of the Great Lakes. It is so important. The 
electric dispersal barriers, and there are now two that the Army Corps 
has put into the sanitary canal in my district, and we have had 
blockage of the tributaries of the river so even by flooding they 
cannot get into the canal. We have oxygenation. I have been at fish 
kills where they have actually made the water dead to kill the fish.
  One of the things that is now taking place is certainly the fishing 
for these fish further down the river, and they are now sending the 
fish to China where they are turning them into food over there.
  But the bill that we are considering today will add the big head 
species of the Asian carp to the list of injurious species under the 
Lacey Act and prevent their sale or importation into the United States. 
This ban would not apply to the dead fish that I was just talking 
about--they are caught and sent to China as dead fish--and includes 
only the species of the invasive

[[Page 18547]]

carp that the Federal wildlife managers found last June in Lake Calumet 
in Illinois.
  With that, Madam Speaker, I would like to thank my good friend from 
Michigan, Senator Levin, who secured passage of this bill in the Senate 
and express my gratitude to all my colleagues from the Great Lakes 
States who have worked with us for many years to preserve our waters 
from the invasive species. This effort is not only about protecting our 
ecosystem, but also the billions in jobs and opportunities that our 
precious natural habitats and waterways provide to U.S. citizens every 
year. I urge my colleagues to support this bill.
  Ms. KAPTUR. I rise in support of S. 1421, the Asian Carp Prevention 
and Control Act.
  For the last 2 decades the Federal Government has sat still. We have 
allowed numerous Asian Carp species to expand their range further and 
further North and today, Asian Carp are on the doorstep of the Great 
Lakes. With sustainable populations in Indiana and Illinois and the $7 
billion recreational fishery at stake, immediate action is needed.
  This legislation takes an important step in restricting the 
transportation of the Big Head Asian Carp by listing it as an injurious 
species under the Lacey Act, prohibiting this fish from being shipped 
or imported into the United States.
  Should the Asian Carp successfully invade the Great Lakes, they would 
likely breed and prosper in the shallow and warm waters along the 90 
miles of Lake Erie coastline in the Ninth Congressional District. In 
areas that the Asian Carp have already invaded, Asian Carp have 
outcompeted local species, destroying habitat for many species.
  With 328,000 anglers and an $800 million economic impact from Lake 
Erie's recreational fishing industry, aggressive action is needed. My 
hope is that S. 1421 is just the start in a series of actions the House 
will take in the coming year. Congress must fund the protection 
efforts, ecologically separate the ecosystem and light a fire under the 
Federal and State agencies to protect one of our regions greatest 
economic resources.
  On behalf of 20 percent of the worlds freshwater, the millions of 
great lakes anglers and towns both big and small that are dependent on 
the ecological resources of the Great Lakes, I urge my colleagues to 
support this critical legislation.
  Mr. PETRI. Madam Speaker, as a representative from the Great Lakes 
region and a cosponsor of the House version of this bill, I support 
passage of S. 1421, the Asian Carp Prevention and Control Act. S. 1421 
will explicitly ban Asian carp from being imported or shipped to the 
U.S.
  Entry and proliferation of Asian carp into the Great Lakes would be 
ruinous to businesses, particularly commercial fishing and recreation, 
which rely on the Great Lakes for their livelihood, as well as to the 
ecology of the Great Lakes system as a whole.
  This legislation is another necessary measure to ensure this damaging 
species is kept out of the Great Lakes. I am thankful that Congress has 
taken several steps so far, including authorization and funding of the 
electrical barriers in the Chicago Ship and Sanitary Canal, and other 
measures.
  We must continue to consider all options to keep Asian carp out of 
the Great Lakes, including closing the locks on the Chicago Ship and 
Sanitary Canal and examining the benefits and costs of pursuing long-
term ecological separation between the Great Lakes and the Mississippi 
River basin to prevent carp and future invasive species from migrating 
through this pathway.
  I look forward to continuing to work with my colleagues to find 
solutions to protect our Great Lakes from this continuing threat. I ask 
the House to join me in supporting S. 1421.
  Mr. LEVIN. Madam Speaker, I rise in strong support of the Asian Carp 
Prevention and Control Act and urge the House to pass it today.
  Bighead carp were first brought to the United States in the 1970s to 
control algae in aquaculture ponds. Unfortunately, bighead carp and 
other harmful species of non-native fish were released into the 
Mississippi River in the early 1990s during major flooding. Since then, 
the Asian carp have established themselves in the Mississippi River 
system. Asian carp are voracious eaters and the impact of the carp on 
native fish populations has been severe.
  In the ensuing years, the Asian carp have made their way north and 
are now threatening to invade the Great Lakes. The Federal Government 
and the Great Lakes states are fighting a pitched battle against the 
carp to prevent them from becoming established in the Lakes. We must 
use every means available to stop this destructive fish from invading 
the Great Lakes.
  We're already paying a heavy price for the decision to import these 
non-native carp into the United States. For many years, during both the 
Bush and Obama administrations, a number of us from the Great Lakes 
region have been urging the Fish and Wildlife Service to include 
bighead carp on the list of injurious species under the Lacey Act and 
so minimize the risk of further harm by prohibiting the importation and 
interstate transportation of live Asian carp without a permit.
  The bill before the House today would list bighead carp as injurious 
under the Lacey Act. I commend Senator Levin for introducing this 
important legislation, which passed the Senate on November 17. Although 
it is too late to undo the damage that bighead carp are doing in the 
Mississippi River and its tributaries, we should do everything possible 
to prevent these invasive fish from harming other areas of the United 
States. I urge passage of S. 1421.
  Mrs. MILLER of Michigan. Madam Speaker, I rise today in support of S. 
1421, The Asian Carp Prevention and Control Act.
  This bill bans the importation of bighead carp, more commonly known 
as ``Asian carp.'' These fish have voracious appetites and can grow to 
weigh more than 100 pounds while eating everything in their path. 
Making them yet more dangerous is that when agitated by sounds such as 
boat engines, these fish leap out of the water and have been known to 
harm boat passengers, resulting in broken bones or worse.
  The real nightmare, however, Madam Speaker, is the impending 
devastation these fish can potentially wreak over the Great Lakes 
fishery. Asian carp eat up to 40 percent of their body weight every 
day, and would likely out-compete native species in this $7 billion 
fishery. This would result in the decimation of recreational and 
commercial fishing in the Great Lakes, which is currently known 
worldwide for its plentiful perch, walleye, whitefish, salmon, and much 
more.
  While I'm happy to vote today in favor of S. 1421 to prevent more 
Asian carp from being imported into the country it will do nothing to 
stop the carp already here from entering the Great Lakes.
  The fact of the matter is that the Federal Government's response to 
Asian carp has been woefully inadequate. What is really necessary is an 
ecological separation of the Great Lakes from the Chicago Waterway 
System, which is the waterway by which bighead carp are making their 
way toward the Great Lakes. Bighead carp DNA has already been found in 
Lake Michigan, and this separation must occur before it's too late and 
the fish get into the lake and take hold. I urge the President to move 
faster to address this threat as well as passage of more comprehensive 
legislation that would do more to prevent this dangerous invasive 
species from entering the Great Lakes.
  The bills I sincerely wish we were voting on today, H.R. 4472: Close 
All Routes and Prevent Asian Carp Today Act of 2010 and H.R. 5625 
Permanent Prevention of Asian Carp Act of 2010, both sponsored by my 
colleague from Michigan, Dave Camp, and of which I am a proud co-
sponsor, which would enact a much stronger attack against the Asian 
carp which poses an imminent threat to our magnificent Great Lakes.
  I urge passage of the Asian Carp Prevention and Control Act.
  Mr. POE of Texas. Madam Speaker, I yield back the balance of my time.
  Mr. CONYERS. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the bill, S. 1421.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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