[Senate Report 111-181]
[From the U.S. Government Publishing Office]
Calendar No. 366
111th Congress Report
SENATE
2d Session 111-181
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TO AMEND SECTION 42 OF TITLE 18, UNITED STATES CODE, TO PROHIBIT THE
IMPORTATION AND SHIPMENT OF CERTAIN SPECIES OF CARP
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May 5, 2010.--Ordered to be printed
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Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1421]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1421) to amend section 42 of title 18,
United States Code to prohibit the importation and shipment of
certain species of carp, having considered the same, reports
favorably thereon without amendment and recommends that the
bill, do pass.
General Statement and Background
S. 1421 was introduced by Sen. Carl Levin on July 9, 2009
and has seven co-sponsors. This bill would amend the Lacey Act
to add the bighead carp of the species Hypophthalmichthys
nobilis to the list of injurious species, found in 18 U.S.C.
Sec. 42(a)1.
Asian carp, including the bighead carp, were introduced to
control algae in aquaculture ponds. The fish is now established
in the Ohio, Mississippi and Missouri Rivers, likely as a
result of escape from aquaculture facilities. Since the
Mississippi River is connected to the Great Lakes by canal,
bighead carp threaten to infest the Great Lakes. Currently, the
U.S. Army Corps of Engineers operates an electric dispersal
barrier to prevent these invasive fish from moving between the
Mississippi and the Great Lakes.
In November of 2009, the researchers from the Corps of
Engineers and the University of Notre Dame found DNA samples of
the Asian carp in the Great Lakes vicinity, suggesting movement
of the species past the barrier. State officials fear that the
presence of the species could lead to rapid establishment in
the Great Lakes waterways and to significant impacts on the
Great Lakes sport and commercial fishing industries.
The bighead carp is extremely prolific and can exceed 4
feet in length and 100 pounds. They consume significant amounts
of plankton daily, starving out smaller and less aggressive
competitors and threatening species prized by anglers and
commercial fishers. Given the probability of the establishment
of the species in United States waterways, the United States
Fish and Wildlife Service has called for the inclusion of the
Asian carp to the list of injurious animals prohibited from
being traded in interstate commerce or imported into the United
States.
Objectives of the Legislation
Amends the Lacey Act to include the bighead carp of the
species Hypophthalmichthys nobilis to the list of injurious
species that are prohibited from being traded in interstate
commerce or imported into the United States.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that this Act may be cited 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
Section 2 amends the Lacey Act to add the bighead carp of
the species Hypophthalmichthys nobilis to the list of injurious
species that are prohibited from being traded in interstate
commerce or imported into the United States.
Legislative History
S. 1421 was introduced on July 9, 2009 by Senator Carl
Levin (D-MI). The bill was referred to the Committee on
Environment and Public Works. On December 10, 2009, the full
Environment and Public Works Committee met to consider the
bill. The bill was ordered reported favorably without amendment
by voice vote.
Hearings
On December 3, 2009, the Water and Wildlife Subcommittee of
the Senate Environment and Public Works Committee held a
legislative hearing on multiple wildlife and invasive species
bills, including S. 1421. The Deputy Director of the U.S. Fish
and Wildlife Service as well as representatives of the
Association of Fish and Wildlife Agencies and The Nature
Conservancy testified in support of the legislation.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1421 on December 10, 2009. The bill was ordered
favorably reported by voice.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1421
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office has found, ``the costs of the mandates would fall
well below the annual thresholds established in UMRA for
intergovernmental and private-sector mandates ($70 million and
$141 million, respectively, in 2010, adjusted annually for
inflation).''
Congressional Budget Office Cost Estimate
January 4, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1421, 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.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1421--Asian Carp Prevention and Control Act
S. 1421 would make it a federal crime to import or ship
bighead carp (a type of Asian carp), unless the importer has
obtained permission from the U.S. Fish and Wildlife Service
(USFWS) to import the fish for scientific, medical,
educational, or zoological reasons. CBO estimates that
implementing S. 1421 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.
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 S. 1421 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 and would be
subject to the availability of appropriated funds.
Because those prosecuted and convicted under S. 1421 could
be subject to criminal fines, the federal government might
collect additional revenues 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.
By prohibiting the importation and interstate transport of
bighead carp without a permit, the bill would impose
intergovernmental and private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA). The cost to public and
private entities, such as zoos or research centers, would be
the expense of obtaining permits. USFWS regulations prohibit
the agency from charging permit fees to state, local, or tribal
entities, so the cost to intergovernmental entities would be
solely administrative. The fee for a private entity would be
$25 or $100, depending on the activity being authorized. The
cost of the mandate to those ineligible for a permit, including
private importers, fish farmers, retailers, shippers, and
owners of those fish, would be the forgone net income from no
longer being able to sell or transport the fish across state
lines.
Based on information from USFWS and industry experts about
permits and the value of shipments, sales, and imports of such
fish, CBO estimates that the costs of the mandates would fall
well below the annual thresholds established in UMRA for
intergovernmental and private-sector mandates ($70 million and
$141 million, respectively, in 2010, adjusted annually for
inflation).
The CBO staff contacts for this estimate are Matthew
Pickford (for federal costs), Melissa Merrell (for
intergovernmental impacts), and Amy Petz (for private-sector
impacts). The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
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 shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
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TITLE 18--CRIMES AND CRIMINAL PROCEDURE
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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
bighead carp of the species Hypophthalmichthys nobilis; 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.
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