[House Report 115-969]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-969
======================================================================
MIGRATORY BIRD FRAMEWORK AND HUNTING OPPORTUNITIES FOR VETERANS ACT
_______
September 25, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 6013]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 6013) to amend the Migratory Bird Treaty Act to
establish January 31 of each year as the Federal closing date
for duck hunting season and to establish special duck hunting
days for youths, veterans, and active military personnel, and
for other purposes, having considered the same, report
favorably thereon with amendments and recommend that the bill
as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Migratory Bird Framework and Hunting
Opportunities for Veterans Act''.
SEC. 2. FEDERAL CLOSING DATE FOR HUNTING OF DUCKS, MERGANSERS, AND
COOTS.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended
by adding at the end the following:
``(c) Federal Framework Closing Date for Hunting of Ducks,
Mergansers, and Coots.--
``(1) In general.--In promulgating regulations under
subsection (a) relating to the Federal framework for outside
dates within which the States may select seasons for migratory
bird hunting, except as provided in paragraph (2), the
Secretary shall, with respect to the hunting season for ducks,
mergansers, and coots--
``(A) adopt the recommendation of each respective
flyway council (as defined in section 20.152 of title
50, Code of Federal Regulations) for the Federal
framework, but the framework closing date shall be
January 31 of each year; and
``(B) allow the States to establish the closing date
for the hunting season in accordance with the Federal
framework.
``(2) Special duck hunting days for youths, veterans, and
active military personnel.--
``(A) In general.--Notwithstanding the closing date
under paragraph (1) and subject to subparagraphs (B)
and (C), the Secretary shall allow States to select 2
days for youths and 2 days for veterans (as defined in
section 101 of title 38, United States Code), and
members of the Armed Forces on active duty, including
members of the National Guard and Reserves on active
duty (other than for training), to hunt ducks,
mergansers, and coots. Such days shall be treated as an
addition to the regular hunting season lengths selected
by the States.
``(B) Requirements.--In selecting days under
subparagraph (A), a State shall ensure that--
``(i) the days selected--
``(I) do not fall within the regular
hunting season for ducks, mergansers,
and coots;
``(II) with regard to youth days, are
on a weekend, holiday or other day in
which schools are not in session; and
``(III) are not more than 14 days
before or after the hunting season for
duck, mergansers, and coots; and
``(ii) the total number of days in a hunting
season for ducks, mergansers and coots,
including any days selected under subparagraph
(A), is not more than 107 days.
``(C) Limitation.--A State may combine the 2 days
allowed for youths with the 2 days allowed for veterans
and members of the Armed Forces on active duty under
subparagraph (A), but in no circumstance may a State
have more than a total of 4 additional days added to
its regular hunting season for any purpose.
``(3) Regulations.--The Secretary shall promulgate
regulations in accordance with this subsection for the Federal
framework for migratory bird hunting for the 2019-2020 hunting
season and each hunting season thereafter.''.
Amend the title so as to read:
A bill to amend the Migratory Bird Treaty Act to establish
January 31 of each year as the Federal framework closing date
for the duck hunting season and to establish special duck
hunting days for youths, veterans, and active military
personnel, and for other purposes.
Purpose of the Bill
The purpose of H.R. 6013, as ordered reported, is to amend
the Migratory Bird Treaty Act to establish January 31 of each
year as the federal framework closing date for the duck hunting
season and to establish special duck hunting days for youths,
veterans, and active military personnel.
Background and Need for Legislation
The Secretary of the Interior is authorized to determine
when duck hunting can take place in the United States under the
Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).\1\ That
responsibility has been delegated to the U.S. Fish and Wildlife
Service (USFWS).\2\ Each year, USFWS issues proposed
regulations establishing outside dates, season lengths, and bag
limits.\3\ Following that announcement, the four North American
Flyway Councils (Atlantic, Central, Mississippi and Pacific),
which are comprised of representatives from each State within
the flyway of migratory birds,\4\ submit comments and
recommendations.\5\
---------------------------------------------------------------------------
\1\16 U.S.C. 704.
\2\50 C.F.R. 20.
\3\50 C.F.R. 20.22.
\4\The U.S. Fish and Wildlife Service and its partners manage
migratory birds based largely on routes the birds follow as they
migrate between nesting and wintering areas.
\5\Flyways, Greater Sage-Grouse Species
Information (2018), https://www.fws.gov/birds/
management/flyways.php.
---------------------------------------------------------------------------
Once the federal regulations are final, States set their
own regulations within the overall framework set by USFWS. For
example, in recent years federal regulations have provided that
State wildlife agencies in all four flyways can allow the
hunting of ducks ``between the Saturday nearest September 24
and the last Sunday in January.''\6\ Federal regulations also
set a maximum number of days that States can allow duck hunting
within this timeframe.\7\
---------------------------------------------------------------------------
\6\https://www.federalregister.gov/documents/2018/02/02/2018-02112/
migratory-bird-hunting-proposed-frameworks-for-migratory-bird-hunting-
regulations.
\7\Id.
---------------------------------------------------------------------------
This bill establishes January 31 as the closing date for
duck hunting instead of ``the last Sunday in January'' to
provide greater certainty to States. This bill will not
increase the number of days or bag limit--rather, it will
provide a specific end date for States to work with when
determining their individual hunting seasons. This will
alleviate the confusion experienced when the last Sunday in
January might fall on the 25th in some years and the 31st in
other years.
The bill also provides for additional duck hunting days for
youths, veterans and active military personnel within the
overall federal framework.
Committee Action
H.R. 6013 was introduced on June 6, 2018, by Congressman
Rob Bishop (R-UT). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On July 17, 2018, the Subcommittee held a
hearing on the bill. On September 5, 2018, the Natural
Resources Committee met to consider the bill. The Subcommittee
was discharged by unanimous consent. Congressman Rob Bishop
offered an amendment designated #1; it was adopted by voice
vote. Congressman Garret Graves (R-LA) offered and withdrew an
amendment designated #2. No additional amendments were offered,
and the bill, as amended, was ordered favorably reported to the
House of Representatives by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 20, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6013, the
Migratory Bird Framework and Hunting Opportunities for Veterans
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 6013--Migratory Bird Framework and Hunting Opportunities for
Veterans Act
H.R. 6013 would amend the Migratory Bird Treaty Act to
establish January 31 of each year as the federal closing date
for duck hunting season. The bill also would direct the U.S.
Fish and Wildlife Service (USFWS), which issues annual duck
hunting regulations, to allow states to establish special
hunting days outside of the regular season for youth, veterans,
and members of the armed forces.
Using information from the USFWS, CBO estimates that
implementing the bill would have no significant effect on
spending subject to appropriation.
Enacting H.R. 6013 could affect direct spending and
revenues; therefore, pay-as-you-go procedures apply. CBO
expects that adding hunting days could increase the sales of
federal duck stamps; those collections are recorded in the
budget as revenues, deposited in the Migratory Bird
Conservation Fund, and later spent without further
appropriation action. CBO estimates that any additional
revenues would not be significant in any year and would be
offset by subsequent direct spending; thus, the net effect on
the deficit would be negligible.
CBO estimates that enacting H.R. 6013 would not
significantly increase net direct spending and would not
increase on-budget deficits in any of the four consecutive 10-
year periods beginning in 2029.
H.R. 6013 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contacts for this estimate are Janani
Shankaran (for spending) and Nathaniel Frentz (for revenues).
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to amend the
Migratory Bird Treaty Act to establish January 31 of each year
as the federal framework closing date for the duck hunting
season and to establish special duck hunting days for youths,
veterans, and active military personnel.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill contains one directed
rulemaking in Section 2, which requires the Secretary of the
Interior to promulgate regulations for the federal framework
for migratory bird hunting for the 2019-2010 season and every
season thereafter in accordance with this bill.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
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):
MIGRATORY BIRD TREATY ACT
* * * * * * *
Sec. 3. (a) That subject to the provisions and in order to
carry out the purposes of the conventions, the Secretary of
Agriculture is authorized and directed, from time to time,
having due regard to the zones of temperature and to the
distribution, abundance, economic value, breeding habits, and
times and lines of migratory flight of such birds, to determine
when, to what extent, if at all, and by what means, it is
compatible with the terms of the conventions to allow hunting,
taking, capture, killing, possession, sale, purchase, shipment,
transportation, carriage, or export of any such bird, or any
part, nest, or egg thereof, and to adopt suitable regulations
permitting and governing the same, in accordance with such
determinations, which regulations shall become effective when
approved by the President.
(b) It shall be unlawful for any person to--
(1) take any migratory game bird by the aid of
baiting, or on or over any baited area, if the person
knows or reasonably should know that the area is a
baited area; or
(2) place or direct the placement of bait on or
adjacent to an area for the purpose of causing,
inducing, or allowing any person to take or attempt to
take any migratory game bird by the aid of baiting on
or over the baited area.
(c) Federal Framework Closing Date for Hunting of Ducks,
Mergansers, and Coots.--
(1) In general.--In promulgating regulations under
subsection (a) relating to the Federal framework for
outside dates within which the States may select
seasons for migratory bird hunting, except as provided
in paragraph (2), the Secretary shall, with respect to
the hunting season for ducks, mergansers, and coots--
(A) adopt the recommendation of each
respective flyway council (as defined in
section 20.152 of title 50, Code of Federal
Regulations) for the Federal framework, but the
framework closing date shall be January 31 of
each year; and
(B) allow the States to establish the closing
date for the hunting season in accordance with
the Federal framework.
(2) Special duck hunting days for youths, veterans,
and active military personnel.--
(A) In general.--Notwithstanding the closing
date under paragraph (1) and subject to
subparagraphs (B) and (C), the Secretary shall
allow States to select 2 days for youths and 2
days for veterans (as defined in section 101 of
title 38, United States Code), and members of
the Armed Forces on active duty, including
members of the National Guard and Reserves on
active duty (other than for training), to hunt
ducks, mergansers, and coots. Such days shall
be treated as an addition to the regular
hunting season lengths selected by the States.
(B) Requirements.--In selecting days under
subparagraph (A), a State shall ensure that--
(i) the days selected--
(I) do not fall within the
regular hunting season for
ducks, mergansers, and coots;
(II) with regard to youth
days, are on a weekend, holiday
or other day in which schools
are not in session; and
(III) are not more than 14
days before or after the
hunting season for duck,
mergansers, and coots; and
(ii) the total number of days in a
hunting season for ducks, mergansers
and coots, including any days selected
under subparagraph (A), is not more
than 107 days.
(C) Limitation.--A State may combine the 2
days allowed for youths with the 2 days allowed
for veterans and members of the Armed Forces on
active duty under subparagraph (A), but in no
circumstance may a State have more than a total
of 4 additional days added to its regular
hunting season for any purpose.
(3) Regulations.--The Secretary shall promulgate
regulations in accordance with this subsection for the
Federal framework for migratory bird hunting for the
2019-2020 hunting season and each hunting season
thereafter.
* * * * * * *
ADDITIONAL VIEWS
Currently, the Migratory Bird Treaty Act gives the
Secretary of the Interior the authority to determine when
hunting of migratory game birds can take place in the United
States, based on recommendations that have been adopted by the
respective Flyway Councils. This bill would take away the
authority of the Secretary of Interior to issue the final
approval. While the Flyway Councils play a critical role in
developing the regulations, establishing the framework for
migratory bird management should remain a federal
responsibility conducted in consultation with the Flyway
Councils.
In addition, season lengths and bag limits should be
established by science and not Congressional mandates to ensure
the long-term survival of the species for the ecosystem and
future hunting opportunities.
The Majority has made improvements to H.R. 6013. We intend
to work with our colleagues in the Senate to address these
remaining concerns.
Raul M. Grijalva,
Ranking Member, Committee on
Natural Resources.
[all]