[House Report 109-585]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-585
======================================================================
ASIAN CARP PREVENTION AND CONTROL ACT
_______
July 20, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3049]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 3049) to amend section 42 of title 18, United States
Code, popularly known as the Lacey Act, to add certain species
of carp to the list of injurious species that are prohibited
from being imported or shipped, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Vote of the Committee............................................ 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 5
Section-by-Section Analysis and Discussion....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Markup Transcript................................................ 7
Purpose and Summary
H.R. 3049, the ``Asian Carp Prevention and Control Act,''
addresses the growing problem of non-native species of Asian
carp entering the Mississippi River System and the Great Lakes.
The bill amends 18 U.S.C. Sec. 42, popularly known as the
``Lacey Act,'' to add four species of Asian carp to the list of
injurious species that are prohibited from being imported into
or shipped within the United States.
Background and Need for the Legislation
Since the 1970s, three species of non-native Asian carp
(silver, bighead, and black carp) have been imported into the
United States for use in aquaculture facilities as fish food
and as a biological control for excessive aquatic plants,
algae, nutrients, and snails. These fish consume large amounts
of food and grow quickly, reaching up to 50 inches in length
and 100 pounds. \1\
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\1\ Dan Egan, Intruders at the Gate, Milwaukee Journal Sentinel,
Dec. 25, 2004, available at http://www.jsonline.com/story/
index.aspx?id=286806.
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All three species have escaped captivity and have entered
into the Mississippi River Basin. Because bighead and silver
carp first escaped in the 1980s, they have established
reproducing populations that have begun to migrate northward to
the upper Mississippi and Illinois Rivers. In some areas, they
have become the most abundant fish species, out-competing
native fish for food, and becoming entangled in and destroying
commercial fishing nets. In addition, boaters have been injured
by silver carp, which are highly sensitive to noise and
frequently jump out of the water in response to nearby outboard
motors. Bighead and silver carp are currently limited to the
Mississippi River. However, these fish have been reported as
close as 40 miles from Lake Michigan. \2\
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\2\ Id.
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The initial escape of black carp was first documented in
1994, when approximately 30 black carp (reportedly sterile)
escaped into the Missouri River (which feeds into the
Mississippi River) during a flood at an aquaculture facility.
Since then, four incidents of escaped black carp have been
documented in Louisiana, Missouri, and Illinois. Currently, it
is not believed that black carp are reproducing in the wild.
However, if black carp become established, they threaten to
decimate native snail and mussel populations, many of which are
threatened or endangered, given their voracious feeding habits.
It is estimated that a 4-year-old black carp consumes an
average of 3-4 pounds of mussels each day. Also, fish species
that rely on these same invertebrate prey may suffer, including
endangered and threatened sturgeon. \3\
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\3\ Jesse Garza, Invasive Fish Could Threaten Watershed, Milwaukee
Journal Sentinel, Aug. 23, 2005, available at http://www.jsonline.com/
story/index.aspx?id=350484.
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If Asian carp reach the Great Lakes, they will threaten
fisheries in the Great Lakes, an industry that has been valued
at between $4-7 billion. This is an ecosystem already de-
stabilized by the introduction of over 180 non-native species,
including the sea lamprey and zebra mussel. Asian carp could
potentially strip the system of prey at the base of the food
web, devastating nearly all native fish. To prevent Asian carp
from entering the Great Lakes, an electrical barrier has been
built in the Chicago Sanitary and Shipping Canal, which is the
only water connection between the Mississippi River and Great
Lakes Basin. However, as Chicago Mayor Richard M. Daley
explained in submitted testimony at a hearing last November
before the House Committee on Resources' Subcommittee on
Fisheries and Oceans, the electrical barrier is not sufficient
and additional steps must be taken to prevent the spread of
Asian carp. \4\
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\4\ Oversight Hearing on the Growing Problem of Invasive Asian Carp
in the Great Lakes and Mississippi River System Before the Subcomm. On
Fisheries and Oceans of the H. Comm. on Resources, 109th Cong. (2005)
(submitted testimony of Richard Daley, Mayor, City of Chicago).
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Hearings
The Committee on the Judiciary held no hearings on H.R.
3049.
Committee Consideration
On March 29, 2006, the Committee met in open session and
ordered favorably reported the bill H.R. 3049 without an
amendment by voice vote, a quorum being present.
Vote of the Committee
In compliance with clause 3(b) of Rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during the committee consideration of
H.R. 3049.
Committee Oversight Findings
In compliance with clause 3(c)(1) of Rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of Rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of Rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of Rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3049, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 21, 2006.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3049, the ``Asian
Carp Prevention and Control Act.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford, who can be reached at 226-2860.
Sincerely,
Donald B. Marron.
Acting Director
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 3049--Asian Carp Prevention and Control Act.
H.R. 3049 would make it a Federal crime to import or ship
four species of carp--black, bighead, silver, and largescale
silver--unless the importer has obtained permission from the
U.S. Fish and Wildlife Service to import the fish for
scientific, medical, educational, or zoological reasons. CBO
estimates that implementing H.R. 3049 would have no significant
cost to the Federal Government. Enacting the bill could affect
direct spending and revenues, but CBO estimates that any such
effects would not be significant. H.R. 3049 contains no
intergovernmental mandates as defined in the Unfunded Mandates
Reform Act (UMRA) and would impose no significant costs on
State, local, or tribal governments.
H.R. 3049 would impose a private-sector mandate, as defined
in UMRA, on entities that import or ship certain varieties of
Asian carp. Based on information from industry and government
sources, CBO estimates that the direct cost of complying with
the mandate would be small and fall below the annual threshold
for private-sector mandates established in UMRA ($128 million
in 2006, adjusted annually for inflation). The bill would add
certain species of carp to the list of injurious species that
are currently prohibited from being imported or shipped. The
cost of the mandate would be the loss of net income from not
being able to import or ship those fish. According to
government and industry sources, the value of shipments and
imports is very small relative to UMRA's threshold.
Because the bill would establish a new offense, the Federal
Government would be able to pursue cases that it otherwise
would not be able to prosecute. CBO expects that H.R. 3049
would apply to a relatively small number of offenders, however,
so any increase in costs for law enforcement, court
proceedings, or prison operations would not be significant. Any
such costs would be subject to the availability of appropriated
funds.
Because those prosecuted and convicted under H.R. 3049
could be subject to criminal fines, the Federal Government
might collect additional fines if the legislation is enacted.
Criminal fines are recorded as revenues, deposited in the Crime
Victims Fund, and later spent. CBO expects that any additional
revenues and direct spending would not be significant because
of the small number of cases likely to be affected.
The CBO staff contacts for this estimate are Matthew
Pickford (for Federal costs), who can be reached at 226-2860,
and Paige Piper/Bach (for the private-sector impact), who can
be reached at 226-2940. This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
Rule XIII of the Rules of the House of Representatives,
H.R.3049, is intended to reduce the increase in population and
the migration of harmful non-native species of Asian carp.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in art. I, Sec. 8, of the Constitution.
Section-by-Section Analysis and Discussion
The following discussion describes the bill as reported by
the Committee.
Section 1. Short Title.
This section provides for the short title of the bill as
the ``Asian Carp Prevention and Control Act.''
Section 2. Addition of Species of Carp to the List of Injurious Species
that are Prohibited from being Imported or Shipped.
This section amends 18 U.S.C. Sec. 42(a)(1) to include the
black carp, the bighead carp, the silver carp, and the
largescale silver carp to the list of injurious species.
Injurious species are those species (and offspring and eggs)
that are injurious to the interests of human beings,
agriculture, horticulture, forestry, wildlife, or wildlife
resources of the United States. If a species is listed as
injurious, importation and interstate transfer of these fish is
prohibited unless authorized through a permit from the U.S.
Fish and Wildlife Service. Special permits may be granted for
scientific, educational, medical, or zoological purposes.
Intrastate transport or possession of these species within
States is not prohibited unless expressly prohibited by that
State. The penalty for violating this provision of the Lacey
Act includes fines or imprisonment for not more than six
months.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 3--ANIMALS, BIRDS, FISH, AND PLANTS
* * * * * * *
Sec. 42. Importation or shipment of injurious mammals, birds, fish
(including mollusks and crustacea), amphibia, and
reptiles; permits, specimens for museums;
regulations
(a)(1) The importation into the United States, any territory
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any possession of the United
States, or any shipment between the continental United States,
the District of Columbia, Hawaii, the Commonwealth of Puerto
Rico, or any possession of the United States, of the mongoose
of the species Herpestes auropunctatus; of the species of so-
called ``flying foxes'' or fruit bats of the genus Pteropus; of
the zebra mussel of the species Dreissena polymorpha; of the
black carp of the species Mylopharyngodon piceus; of the
bighead carp of the species Hypophthalmichthys nobilis; of the
silver carp of the species Hypophthalmichthys molitrix; of the
largescale silver carp of the species Hypophthalmichthys
harmandi; and such other species of wild mammals, wild birds,
fish (including mollusks and crustacea), amphibians, reptiles,
brown tree snakes, or the offspring or eggs of any of the
foregoing which the Secretary of the Interior may prescribe by
regulation to be injurious to human beings, to the interests of
agriculture, horticulture, forestry, or to wildlife or the
wildlife resources of the United States, is hereby prohibited.
All such prohibited mammals, birds, fish (including mollusks
and crustacea), amphibians, and reptiles, and the eggs or
offspring therefrom, shall be promptly exported or destroyed at
the expense of the importer or consignee. Nothing in this
section shall be construed to repeal or modify any provision of
the Public Health Service Act or Federal Food, Drug, and
Cosmetic Act. Also, this section shall not authorize any action
with respect to the importation of any plant pest as defined in
the Federal Plant Pest Act, insofar as such importation is
subject to regulation under that Act.
* * * * * * *
Markup Transcript
BUSINESS MEETING
WEDNESDAY, MARCH 29, 2006
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:09 a.m., in
Room 2141, Rayburn House Office Building, the Honorable F.
James Sensenbrenner, Jr. (Chairman of the Committee) presiding.
Chairman Sensenbrenner. The Committee will be in order. A
working quorum is present.
Pursuant to notice, I now call up the bill H.R. 3049, the
``Asian Carp Prevention and Control Act,'' for purposes of
markup and move its favorable recommendation to the House.
Without objection, the bill will be considered as read and open
for amendment at any time.
[The bill, H.R. 3049, follows:]
Chairman Sensenbrenner. The chair recognizes himself for 5
minutes to explain the bill.
Today we are considering H.R. 3049, the ``Asian Carp
Prevention and Control Act,'' a bill authored by my colleague
from Wisconsin, Mr. Green, to prohibit the importation and
interstate shipment of four species of Asian carp.
In the 1980's, several non-native species of Asian carp
escaped captivity in Arkansas and made their way into the
Mississippi River. Dubbed ``the underwater lawn mower,'' these
enormous fish have become a menace to native species and their
habitat. Asian carp can grow to over 4 feet long and over 100
pounds, leaving little or no food supply for other fish. Now
these pests are moving upstream toward the Great Lakes,
threatening the food supply of sport fish, such as the yellow
perch, walleye, and smallmouth bass, and threatening fishermen
as well.
The Milwaukee Journal Sentinel reports that Asian carp have
been known to jump as high as 15 feet, hurtling into fishing
boats and, in one instance, breaking a commercial fisherman's
nose. In a series of articles, the Journal has chronicled the
threat posed to native ecosystems by Asian carp. I ask
unanimous consent to include these articles in the Committee
report.
Without objection, so ordered.
[The information follows:]
Chairman Sensenbrenner. H.R. 3049 amends the Lacey Act to
designate four species of Asian carp as injurious fish. This
designation prohibits the importation and interstate shipment
of Asian carp unless a permit is issued by the U.S. Fish and
Wildlife Service. The penalty for illegally importing or
shipping Asian carp is a fine or imprisonment of up to 6
months.
This bill is supported by Members on both sides of the
aisle, including the Ranking Member from Michigan, Mr. Conyers.
It is also supported by over a dozen Great Lakes environmental,
angling, and recreational organizations. I hope my colleagues
will join me in favorably reporting this bill and recognize the
gentleman from Michigan, Mr. Conyers.
Mr. Conyers. Mr. Chairman, I am pleased to rise in support
of the measure and join yourself and the gentleman from
Wisconsin, Mr. Green, in what we think is an important
environmental step forward.
The Great Lakes currently holds 90 percent of the Nation's
fresh water, making them one of the most important natural
resources in our country. The Great Lakes also provide a major
source of transportation for many Americans, and economic
activity within the region accounts for more than half of the
Nation's output. Fishing alone in the Great Lakes generates
over $2.5 billion in tackle sales, provides employment for more
than 66,000 workers, and creates a total economic output
greater than $7.5 billion.
Considering the tremendous role that the Great Lakes
provide in this country, it is essential that they be protected
from the influx of Asian carp, which have proven to damage
aquatic environment and often displace native fish populations
through their rapid growth and enormous size, as has been
described. If left unchecked, there is no doubt that they will
have a huge negative impact on the ecosystem and many valuable
fish populations currently now found in the Great Lakes region.
The measure before us today seeks to prevent this problem
from becoming a reality by adding Asian carp to the list of
prohibited wildlife under the provisions on the Lacey Act. By
updating the Lacey Act to include Asian carp, we effectively
establish a permanent ban on their importation and
transportation across State lines.
I am also pleased that the environmental organizations are
all united in support of this measure. I hope it will gain the
unanimous support of the Members of the Committee.
I return any unused time.
Chairman Sensenbrenner. The gentleman's time has expired.
Without objection, all Members may introduce opening statements
in the record at this point.
[The prepared statement of Mr. Green follows:]
Prepared Statement of the Honorable Mark Green, a Representative in
Congress from the State of Wisconsin
I want to begin by thanking Chairman Sensenbrenner for including my
legislation, H.R. 3049, the ``Asian Carp Prevention and Control Act,''
in today's mark-up. I applaud and appreciate your leadership in moving
this issue forward. I also want to thank Ranking Member Conyers for his
cosponsorship of the legislation. As is evident by this bill's strong
bipartisan support, protecting the Great Lakes is absolutely non-
partisan.
H.R. 3049 is a straightforward piece of legislation that is
critical to protecting the Great Lakes from one of its most significant
threats--Asian carp. My legislation addresses this threat by adding
four species of non-native Asian carp as ``injurious wildlife'' under
the Lacey Act. An ``injurious wildlife'' listing would prohibit the
importation and interstate transportation of the carp.
As many of you know, the Great Lakes represent the largest
freshwater system on the planet. It boasts a dazzling array of
wildlife, supports billions of dollars in industry, and has been a
source of pride for the millions of Americans who live along their
shores. However, to put it bluntly, the Asian carp is an invasive
species that threatens to unravel the Great Lakes' fragile ecosystem.
When I look at the biology of Asian carp, which have been slowly
moving up the Mississippi River since their escape from aquaculture
facilities in the 1980s, what I see terrifies me. Asian carp have the
proven ability to quickly take over and dominate an ecosystem. Asian
carp can grow to over 50 inches in length, weigh 110 pounds and produce
up to 1.2 million eggs per year. To support their tremendous size, they
have a voracious appetite, consuming 6 to 20 percent of their body
weight a day.
This obviously spells trouble for the scores of native fish we know
and love in the Great Lakes and other parts of the country. The Asian
carp could devastate the Great Lakes' multi-billion dollar fishing
industry--destroying the fragile ecosystem in the process. We must act
swiftly, while there's still some time left.
Like so many concerned observers--from sportsmen and commercial
fishermen to conservationists--I have been frustrated with the slow
pace of protecting the Great Lakes from invasive species--especially
the Asian carp. As you may know, the U.S. Fish & Wildlife Service
(Service) is authorized to designate species as ``injurious wildlife''
under the Lacey Act. Unfortunately, like a number of other species
awaiting consideration by the Service, the Asian carp petitions have
lingered for years, all while the carp continue to encroach on the
Great Lakes.
Last November, I was fortunate enough to participate in a House
Resources Subcommittee on Fisheries and Oceans hearing on the threat
posed by Asian carp. At this hearing, the Service's expert witness
testified that ``the conclusion reached by the scientists that
conducted the risk assessments is that black, silver and bighead carp
pose unacceptable risks to freshwater resources in the U.S. and to the
economies they support.''
While this conclusion would lead one to believe that the Service
would be moving to expeditiously list the Asian carp, when I inquired
about the Service's timeline for completing their work, I was told that
one did not exist.
I have not found an expert who thinks we will be able to eradicate
Asian carp from the Great Lakes once a reproducing population is
established in the lakes. Although I appreciate the Service's efforts,
these dangerous species won't wait for the petition process to run its
course.
The good news is that it is not too late to take preventative
action. That is why it is essential that we pass H.R. 3049 and close an
avenue to introduction.
Finally, as I mentioned earlier, there is broad support behind this
legislation throughout the Great Lakes delegation. I have also heard
from Mayor Daley in Chicago, a number of environmental and conservation
groups and the Great Lakes Fishery Commission. I also want to once
again thank Charlie Henriksen, President of the Wisconsin Commercial
Fisheries Association, who last year came out to Washington to give a
first hand account of his concerns about Asian carp and how it could
impact his livelihood.
Again, thank you Chairman Sensenbrenner for holding this mark-up. I
am hopeful today will be an important step in helping reduce the risk
of Asian carp from entering the Great Lakes.
Chairman Sensenbrenner. Are there amendments?
Are there amendments?
If there are no amendments----
A reporting quorum is not present. Without objection, the
previous question is ordered on the motion to report the bill
favorably.
[Intervening business.]
Chairman Sensenbrenner. A reporting quorum is present. The
chair will take up the motion to report H.R. 3049, the Asian
Carp bill, favorably. Those in favor of the motion to report
the bill favorably will say aye.
Opposed, no.
The ayes appear to have it. The ayes have it. The motion to
report favorably is agreed to. Without objection, the staff is
directed to make any technical and conforming changes and all
Members will be given 2 days, as provided by the House rules,
in which to submit additional dissenting, supplemental, or
minority views.