Resolution Regarding Management of Depredating Migratory Birds

(approved 3/1/04)

WHEREAS, NAA approved a resolution on February 18, 2003 encouraging prompt Congressional action to grant authorities to Wildlife Services (WS), and;

WHEREAS, the US Fish and Wildlife Service (FWS) issued two depredation orders (21.47-Depredation order for double-crested cormorants (DCC) at aquaculture facilities; and 21.48-Depredation order for double-crested cormorants to protect public resources) on October 8, 2003, and;

WHEREAS, these orders are aimed at addressing localized problems, an approach which has already been proven to be inadequate, and;

WHEREAS, a complaint filed on February 4, 2004, by The Fund for Animals, the Humane Society of the United sates, Defenders of Wildlife, Animal Rights Foundation of Florida, and six individuals from Texas, Vermont, Michigan, New York (2) and Minnesota in United States District Court for the Southern District of New York seeking declaratory and injunctive relief challenging the FWS “decision to issue a blanket public resource depredation order” and “decision to expand the agency’s pre-existing aquaculture depredation order” and alleging that the FWS orders and USDA’s record of decision “violate the plain language of the International Conventions for the Protection of Migratory Birds” and that “FWS and USDA are also in violation of the Endangered Species Act” and that “the FWS and USDA have also violated the requirements of the National Environmental Policy Act” has resulted in the increased likelihood that meaningful management of DCCs will not occur, and;

WHEREAS, depredations by piscivorous migratory birds continues to plague aquaculture facilities across the United States, and;

WHEREAS, depredations by piscivorous migratory birds on wild fish populations continue to cause great problems and concerns;

NOW, THEREFORE BE IT RESOLVED, that the National Aquaculture Association strongly encourages prompt Congressional action to enact into law Senate Bill 137 and House of Representatives Bill 3320 and to appropriate sufficient funding for immediate implementation of DCC population reduction measures by WS both on wintering grounds and at nesting areas.

Resolution Regarding Management of Depredating Migratory Birds

(approved 2/18/03)

Four treaties between the United States of America and United Kingdom (1916); United Mexican States (1936); Japan (1972); and Union of Soviet Socialist Republics (1976) are the foundation of the Migratory Bird Treaty Act 16 U.S.C. 703-712 (MBTA). Through MBTA, Congress has delegated the exclusive authority for migratory bird management to the Secretary of the Interior. This authority has been passed down to the U.S. Fish and Wildlife Service (USFWS).

WHEREAS, USFWS mission to conserve, protect and enhance wildlife and habitats does not adequately allow for the proper management of excessive populations of species such as the double-crested cormorant (DCC), and;

WHEREAS, USFWS has not, after repeated requests from agencies, organization, institutions and individuals authorized or implemented adequate population reduction measures for DCCs or other depredating birds, and;

WHEREAS, the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services (WS) has been directed by Congress to address migratory bird issues including problems, conflicts and concerns caused by DCCs and other depredating birds, and;

WHEREAS, WS is the lead federal agency providing on-the-ground assistance with migratory bird problems, but lacks any migratory management authority;

NOW, THEREFORE BE IT RESOLVED, that the National Aquaculture Association encourages prompt Congressional action to grant authorities to WS to manage depredating migratory birds and to issue depredation permits. We support waiving the restrictions of the National Environmental Policy Act to facilitate these actions. WS should issue and implement simple procedures and guidelines under these authorities. Enforcement of regulations should remain the exclusive responsibility of USFWS in cooperation with state fish and wildlife management agencies.

We endorse the WS position statement dated July 6, 2001, “Management for Double-crested Cormorants within the Continental United States” and encourage WS to issue a separate record of decision selecting the management actions outlined in this position statement as a deterrent to implementation of the USFWS DCC-Environmental Impact Statement/Management Plan.

We support Congressional action to provide adequate funding for WS to implement and conduct this work.