Cormorant Management and Natural Resources Protection Act - Amends the Migratory Bird Treaty Act to delegate the authority of the Secretary of the Interior under such Act with respect to double-crested cormorants (Phalacrocorax auritus) to a state on the date the Secretary approves a cormorant management plan submitted by such state.
Requires the Secretary to: (1) approve or disapprove a management plan within 60 days of the plan's submission, (2) approve such plan if it is in accordance with U.S. obligations under treaties and federal law, (3) provide to the relevant governor the reasons for disapproving a plan and an opportunity to revise and resubmit the plan, (4) review each approved state management plan every five years, and (5) revoke such approval and delegation if the plan or the governor's exercise of delegated authority is not in accordance with such Act or any treaty implemented by such Act. Deems a management plan approved if the Secretary doesn't approve or disapprove it within 60 days after submission.
Applies an approved management plan in lieu of regulations issued under such Act.
Requires the Secretary to conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in such facilities.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1788 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1788
To amend the Migratory Bird Treaty Act to delegate to States the
authorities of the Secretary of the Interior under that Act with
respect to cormorants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2013
Mrs. Bachmann (for herself, Mr. Peterson, Mr. Kline, Mr. Jones, Mr.
Bachus, Mr. Latta, Mr. Huizenga of Michigan, Mr. Cole, and Mr. Duncan
of South Carolina) introduced the following bill; which was referred to
the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Migratory Bird Treaty Act to delegate to States the
authorities of the Secretary of the Interior under that Act with
respect to cormorants, and for other purposes.
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 ``Cormorant Management and Natural
Resources Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The current permitting system is not sufficient to
achieve a streamlined control of excessive cormorant
populations.
(2) Excessive cormorant populations cause damage to
ecosystems.
(3) Excessive cormorant populations pose public health and
safety concerns.
(4) Excessive cormorant populations pose an unsightly,
loud, and olfactory nuisance.
(5) Excessive cormorant populations can have a detrimental
effect on fish populations.
(6) Excessive cormorant populations displace native species
from their habitats.
(7) Cormorant excrement in colonies often kills vegetation.
SEC. 3. DELEGATION TO STATES OF AUTHORITY UNDER MIGRATORY BIRD TREATY
ACT WITH RESPECT TO CORMORANTS.
(a) Delegation of Authority.--Section 7 of the Migratory Bird
Treaty Act (16 U.S.C. 708) is amended--
(1) by inserting ``(a) Preservation of State Authority.--''
before the first sentence; and
(2) by adding at the end the following:
``(b) Delegation to States of Authority With Respect to
Cormorants.--
``(1) In general.--The authority of the Secretary under
this Act with respect to cormorants in a State is hereby
delegated to the governor of the State effective on the date on
which the Secretary approves a management plan for cormorants
in the State that is submitted by the governor.
``(2) Approval or disapproval of management plan.--
``(A) In general.--The Secretary shall approve or
disapprove a management plan submitted under this
subsection by not later than the end of the 60-day
period beginning on the date the plan is submitted.
``(B) Requirement to approve.--The Secretary shall
approve a management plan submitted under this
subsection if the plan is in accordance with United
States obligations under treaties and Federal law.
``(C) Disapproval of plan.--If the Secretary
disapproves a management plan under this subsection the
Secretary shall provide to the governor who submitted
the plan the reasons for the disapproval and an
opportunity to revise and resubmit the plan.
``(D) Plan deemed approved.--Except as provided in
subparagraph (E), if the Secretary does not approve or
disapprove a management plan before the end of the
period referred to in paragraph (1) the Secretary is
deemed to have approved the plan.
``(E) Limitation on approval.--A management plan
shall not be approved under this paragraph if the plan
is found to be in violation of United States
obligations under treaties and Federal law.
``(F) Review of approved plans.--The Secretary--
``(i) shall review every 5 years each
management plan approved for a State under this
subsection and the State governor's exercise of
authority delegated under this subsection; and
``(ii) may revoke such approval and
delegation if, based on such review, the
Secretary determines that the plan or the
governor's exercise of authority delegated
under this subsection is not in accordance with
this Act or any treaty implemented by this Act.
``(3) Relationship between approved plan and regulations.--
A management plan that is approved for a State under this
subsection shall apply in that State with respect to management
of cormorants, in lieu of regulations issued under this Act.
``(4) Compliance with treaties and federal law.--In
exercising authority delegated under this subsection the
governor of a State shall comply with this Act and all treaties
implemented by this Act.
``(5) Relationship to other authority.--Nothing in this
subsection limits the authority of the Secretary or any Federal
agency to exercise authority under any Federal law to assist a
State, upon request by the governor of the State, with control
of cormorants.
``(6) Cormorant defined.--In this subsection the term
`cormorant' means the double-crested cormorant (Phalacrocorax
auritus).''.
(b) Cooperation To Prevent Cormorant Proliferation.--
(1) Department of interior cooperation.--The Secretary of
the Interior, acting in consultation with the National
Aquaculture Information Center and the Animal and Plant Health
Inspection Service, shall conduct educational and informational
activities for the owners and operators of aquaculture
facilities to improve their efforts to prevent cormorants from
consuming aquatic species being reared in aquaculture
facilities, which contributes to the proliferation of
cormorants.
(2) Other efforts.--Nothing in this subsection restricts
the authority of other Federal or State wildlife or natural
resource management agencies to cooperate with the owners and
operators of aquaculture facilities regarding the management
and control of cormorants to prevent their proliferation.
(3) Cormorant defined.--In this subsection, the term
``cormorant'' means the double-crested cormorant (Phalacrocorax
auritus).
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Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
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