[Senate Report 104-51]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 73
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-51
_______________________________________________________________________


 
                      TRIPLOID CARP CERTIFICATION

                                _______


                 April 18, 1995.--Ordered to be printed

      Filed under authority of the order of the Senate of April 6 
                    (legislative day, April 5), 1995

    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 268]
    The Committee on Environment and Public Works, to which was 
referred the bill (S. 268) to authorize the collection of fees 
for expenses for triploid grass carp certification inspections, 
and for other purposes, having considered the same, reports 
favorably thereon and recommends that the bill do pass.

                           General Statement

    The purpose of this legislation is to authorize the 
Director of the U.S. Fish and Wildlife Service (Service), 
Department of the Interior, to charge reasonable fees to offset 
Government expenditures for inspection and certification of 
triploid grass carp requested by a person who owns or operates 
an aquaculture facility. All such fees collected by the Service 
would be available to the Director without further 
appropriation to carry out the triploid grass carp 
certification inspections.

                               Background

    Grass carp were introduced into the United States in the 
1960s to control aquatic vegetation. Since that time, grass 
carp have become a valuable aquaculture commodity used in 
public and private waters throughout the United States.
    If reproducing populations of the exotic grass carp become 
established in river systems and other waters, their vegetation 
consumption would significantly alter the habitat upon which 
native species depend. In order to control grass carp 
populations, many States allow only sterile ``triploid'' grass 
carp to be used. The triploid form differs from the natural 
diploid form of grass carp in that it has three sets of 
chromosomes in every cell. The Service began its involvement in 
the inspection and certification of triploid grass carp in 
1979. The Service's Fisheries Program assumed responsibility 
for triploid grass carp certification in 1989. Many States 
depend on the Service to provide reliable scientific 
inspections in order to avoid adverse impacts on native species 
that would result from introduction of reproducing populations 
of grass carp. The Service conducts more than 550 inspections 
annually. In fiscal year 1994, over $70,000 was spent on this 
program by the Service.
    In January 1995, the Director of the Fish and Wildlife 
Service announced that the Service could no longer afford to 
provide the triploid grass carp certification inspection 
service to private grass carp producers. Fish and wildlife 
officials whose state regulations and decisions allowing use of 
triploid grass carp to control aquatic vegetation are based on 
the Service's triploidy verification procedures objected to the 
discontinuation of the certification program. Private producers 
of triploid grass carp notified the Service and the Congress of 
their willingness to reimburse the Service for the cost of the 
triploid certification inspections.

                      Section-by-Section Analysis

    Section 1.--Collection of fees for triploid grass carp 
certification inspections
    This Section authorizes the Secretary of the Interior, 
acting through the Director of the Fish and Wildlife Service 
(the Director), to charge reasonable fees for expenses to the 
Federal Government for triploid grass carp certification 
inspections requested by a person who owns or operates an 
aquaculture facility. Subsections (b) and (c) authorize the 
Director to use all such fees to carry out the triploid grass 
carp certification program without further appropriations.

                                Hearings

    The Committee held no hearings on S. 268. The views of the 
Department of the Interior on S. 268 follow:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                    Washington, DC, March 17, 1995.
Hon. John Chafee,
Chairman, Committee on Environment and Public Works, U.S. Senate, 
        Washington, DC.
    Dear Senator Chafee: This responds to your request for the 
views of this Department on S. 268, a bill offered by Senator 
Bumpers to authorize the collection of fees for expenses to the 
Federal Government for triploid grass carp certification 
inspections.
    The Department has previously submitted identical views to 
the House of Representatives on H.R. 649, the identical House 
equivalent to S. 268.
    The Administration supports enactment of S. 268.
    The Service continues strongly to support efforts to 
restore our Nation's ecosystems, particularly aquatic 
ecosystems. The Service also recognizes the needs of private 
aquaculture and the States in continuing triploid grass carp 
certification until a privatization of this function can be 
achieved in a manner acceptable to the States. However, during 
this time of declining budgets we can no longer pay the cost of 
providing triploid grass carp certification to private 
producers. Because private producers have notified the Service 
that they are willing, in the interim, to reimburse the Service 
for certification costs, we believe that enactment of S. 268 
will allow the Service to help private aquaculture maintain 
operations while strengthening the ability of State aquatic 
resource conservation agencies to protect native wild stocks.
    We have enclosed a brief memorandum providing further 
background on S. 268 and the triploid grass carp certification 
issue.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                           George T. Frampton, Jr.,
                                       Assistant Secretary,
                                       Fish and Wildlife and Parks.
     background, s.268, collection of fees for triploid grass carp 
                             certification


    The grass carp, Ctenopharyngodon idella, is a nonindigenous 
species whose adult stage feeds largely on plant matter. It was 
introduced to the United States to control aquatic vegetation 
(often nonindigenous itself) that had become problematic for 
recreational and other activities in public and private waters. 
The grass carp quickly became a valuable aquacultural 
commodity, but remains a concern to State fish and wildlife 
conservation agencies because of its potential to alter 
habitats and impact native species if allowed to establish 
reproducing populations.
    In order to control grass carp populations without having 
to ban their use, many States allow only sterile grass carp to 
be used. The most common method of achieving sterility is by 
inducing triploidy (production of three sets of chromosomes). 
This means, however, that States need a scientifically credible 
third party to turn to for certification of triploidy. The U.S. 
Fish and Wildlife Service (Service) began its involvement in 
the certification of triploid grass carp in 1979. The program 
has now grown to more than 550 inspections per year for private 
growers in seven States whose products are shipped to some 30 
States. In FY 1994, over $70,000 was spent by the Service on 
this program.
    During this time of declining budgets, the Service can no 
longer pay the cost of providing this service to private 
producers. However, many States now specifically require 
Service certification of triploidy as a precondition to 
bringing grass carp into the State. Several of these States 
have expressed concern that discontinuation of this program 
will leave native stocks vulnerable to the impacts of a 
reproducing population of grass carp. Similarly, aquaculturists 
have expressed concern over the loss of continued access to the 
markets in these States if the Service does not provide 
triploidy certification services, at least until a 
privatization of this function can be achieved in a manner 
acceptable to the States. In the interim, the aquaculture 
community has notified the Service and Members of Congress that 
private producers are willing to reimburse the Service to 
offset certification costs.
                             Rollcall Votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee require that any rollcall 
votes taken during the Committee's consideration of a bill be 
noted in the report.
    A rollcall vote was taken on this bill by the full 
committee on March 23, 1995. The Committee reported the bill by 
a recorded vote of 16 to 0, a quorum being present.

                           Regulatory Impact

    Section 11(b) of rule XXVI of the Standing Rules of the 
Senate require the Committee to evaluate the regulatory impact 
of the reported bill. The bill has no regulatory impact.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment Act 
requires that a statement of cost of the reported bill, 
prepared by the Congressional Budget Office, be included in the 
report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 29, 1995.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 268, a bill to authorize the collection of fees for 
expenses for triploid grass carp certification inspections, and 
for other purposes, as ordered reported by the Senate Committee 
on Environment and Public Works on March 23, 1995. CBO 
estimates that enacting S. 268 would have no net impact on the 
federal budget. However, the bill would affect direct spending; 
therefore, pay-as-you-go procedures would apply.
    S. 268 would authorize the U.S. Fish and Wildlife Service 
(USFWS) to charge fees for inspection and certification of 
grass carp. (These fish are used by the aquaculture industry 
and others to control the growth of aquatic vegetation.) All 
such fees collected would have to be used for the inspection/
certification program, and would be available for that purpose 
without further appropriation.
    Based on information provided by the USFWS, we estimate 
that under S. 268 the federal government would collect and 
spend between $50,000 and $100,000 annually. Because new 
offsetting receipts and direct spending would be approximately 
equal each year, there would be no net impact on the federal 
budget.
    Enacting S. 268 would have no impact on the budgets of 
state or local governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are to be shown. This bill does not change existing 
law.