Ross’s legislation, “The American Aquaculture and Fishery Resources Protection Act ,” (HR 3320) would grant the same depredation permit authority for migratory birds to the USDA’s Wildlife Services that is currently held by the U.S. Fish and Wildlife Service. Granting this duplicate permit authority would allow both agencies the ability to exercise a greater degree of population control over migratory birds, which would ultimately increase the preservation of the fish population.

“Because this great country has become more environmentally responsible and has reduced the use of persistent chemical pesticides, the reproductive success of many species of fish eating birds at the top of the food chain has skyrocketed,” said Ross. “These birds have done what they do well – eat fish – which has increased depredation at fish farms and sporting fish lakes.” 

During his testimony, Ross noted that H.R. 3320 will not diminish the authority of the U.S. Fish and Wildlife Services, nor will it violate or weaken the Migratory Bird Treaty Act, among other things. 

“My bill will not take any migratory bird management authority away from the U.S. Fish and Wildlife Service,” said Ross. “Rather, it will alleviate the confusing dilemma that currently surrounds migratory bird depredation permits.” 

Below are additional excerpts of Ross’s testimony that he gave to the House Committee on Resource’s Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises: 

“There is still some question as to whether it is legal for USDA Wildlife Services’ biologists, who, until 1986, were employed by the U. S. Fish and Wildlife Service, and who have the same technical training as biologists in the U. S. Fish and Wildlife Service, to issue depredation permits and take migratory birds without a permit or the consent of any other agency.  For several years, a federal court held that federal agencies are not required to obtain migratory bird permits from the U. S. Fish and Wildlife Service.  However, another court decision reversed the previous decision. 

“H.R. 3320 will clarify this most perplexing dilemma by simply granting duplicate authority to USDA Wildlife Services’ biologists that is presently held by employees of the U. S. Fish and Wildlife Service.  It is important to understand that H.R. 3320 will not diminish the authority of the U. S. Fish and Wildlife Service…. 

 “As has been noted throughout the history of this proposed legislation, it is not practical for USDA Wildlife Services to be asked to serve the American people in solving depredations by migratory birds without the authorities granted by H.R. 3320.  For too long, the U. S. Fish and Wildlife Service has attempted to shift the “hot potato” of fish eating migratory bird management to USDA Wildlife Services and state fish and wildlife management agencies while retaining control which would guarantee failure of all management efforts. 

“The two cormorant depredation orders, 50 CFR. 21.47 and 50 CFR 21.48 are perfect examples of this.  While these orders appear to liberalize fish eating bird management restrictions, the U. S. Fish and Wildlife Service has publicly stated that these orders are specifically aimed at addressing localized problems.  Cormorant populations have continued to increase at a rate that exceeds depredation losses.  Also, these orders have extensive restrictions, monitoring, and U. S. Fish and Wildlife Service oversight included to ensure that essential regional population reduction will not be possible.  This delaying tactic has been successfully used by U. S. Fish and Wildlife Service for many years and borders on dereliction of duty and certainly does not qualify as migratory bird management. 

“USDA Wildlife Services is willing to conduct this management and, in fact, has had the personnel on the ground, which for many years have been providing assistance to the citizens of the U.S. in addressing migratory bird depredation problems.  It simply makes good sense to grant this agency the needed authorities which will be provided by H.R. 3320.” 

For a full text of the Congressman’s testimony, please contact 202.225.0753.