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[Senate Report 111-324]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 610
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-324

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 FISH STOCKING IN LAKES IN THE NORTH CASCADES NATIONAL PARK, ROSS LAKE 
   NATIONAL RECREATION AREA, AND LAKE CHELAN NATIONAL RECREATION AREA

                                _______
                                

               September 27, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2430]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 2430) to continue stocking fish in 
certain lakes in the North Cascades National Park, Ross Lake 
National Recreation Area, and Lake Chelan National Recreation 
Area, having considered the same, reports favorably thereon 
with an amendment and recommends that the Act, as amended, do 
pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Cascades National Park Service 
Complex Fish Stocking Act''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) North cascades national park service complex.--The term 
        ``North Cascades National Park Service Complex'' means 
        collectively the North Cascades National Park, Ross Lake 
        National Recreation Area, and Lake Chelan National Recreation 
        Area.
          (2) Plan.--The term ``plan'' means the document entitled 
        ``North Cascades National Park Service Complex Mountain Lakes 
        Fishery Management Plan and Environmental Impact Statement'' 
        and dated June 2008.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. STOCKING OF CERTAIN LAKES IN THE NORTH CASCADES NATIONAL PARK 
                    SERVICE COMPLEX.

    (a) In General.--Subject to subsection (b), the Secretary shall 
authorize the stocking of fish in lakes in the North Cascades National 
Park Service Complex.
    (b) Conditions.--
      (1) In general.--The Secretary is authorized to allow stocking of 
fish in not more than 42 of the 91 lakes in the North Cascades National 
Park Service Complex that have historically been stocked with fish.
          (2) Native nonreproducing fish.--The Secretary shall only 
        stock fish that are--
                  (A) native to the slope of the Cascade Range on which 
                the lake to be stocked is located; and
                  (B) nonreproducing, as identified in management 
                alternative B of the plan.
          (3) Considerations.--In making fish stocking decisions under 
        this Act, the Secretary shall consider relevant scientific 
        information, including the plan and information gathered under 
        subsection (c).
          (4) Required coordination.--The Secretary shall coordinate 
        the stocking of fish under this Act with the State of 
        Washington.
    (c) Research and Monitoring.--The Secretary shall--
          (1) continue a program of research and monitoring of the 
        impacts of fish stocking on the resources of the applicable 
        unit of the North Cascades National Park Service Complex; and
          (2) beginning on the date that is 5 years after the date of 
        enactment of this Act and every 5 years thereafter, submit to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Natural Resources of the House of 
        Representatives a report that describes the results of the 
        research and monitoring under paragraph (1).

                                PURPOSE

    The purpose of H.R. 2430 is to direct the Secretary of the 
Interior to authorize the stocking of fish in certain lakes in 
North Cascades National Park, Ross Lake National Recreation 
Area, and the Lake Chelan National Recreation Area.

                          BACKGROUND AND NEED

    The North Cascades National Park Service Complex (which 
includes Ross Lake National Recreation Area and the Lake Chelan 
Recreational Area) contains over 245 mountain lakes, of which 
91 have been historically stocked with fish. In some cases, the 
stocking of fish in these lakes dates back to the 1800's.
    Fishing has been important to the area because of the 
recreational opportunities it creates. North Cascades National 
Park Complex estimates that 1,000 people fish in the mountain 
lakes each year. To allow for this, fish stocking is necessary 
because the mountain lakes are naturally fish free due to the 
steep creeks, waterfalls, and rugged nature of the valleys.
    There has been an ongoing concern over the issue of fish 
stocking in the North Cascades National Park Complex. The issue 
was discussed during congressional hearings on the designation 
of the park. At that time, verbal comments from the Secretary 
of the Interior and the Director of the National Park Service 
(Director) indicated that fishing and fish stocking would 
continue if the area became a unit of the National Park System. 
These statements, though captured in the North Cascades Study 
Report, were never codified in the enabling legislation.
    Since the park was designated in 1968, fish stocking 
continued under various agreements between the National Park 
Service (NPS) and the State of Washington. Continued stocking 
was authorized under a policy variance issued by the Director. 
The variance provided some guidance, but did not address long-
term considerations and options which are necessary to best 
understand and manage the resource.
    In 1986, the Director, through the variance, directed North 
Cascades National Park Complex to study and monitor the issue 
for its long term planning purposes. In June 2008, the NPS 
released its Mountain Lakes Fishery Management Plan and 
Environmental Impact Statement (EIS). The plan and EIS analyzed 
a range of management actions and alternatives for the mountain 
lakes.
    The plan identified four alternatives. Alternative B, the 
plan's preferred alternative, recommends the continued stocking 
of up to 42 of the lakes that have historically been stocked 
with fish. It also planned for the elimination of some fish 
populations from certain lakes while allowing reproducing 
populations to remain in others. Only non-reproducing fish can 
be stocked under Alternative B in order to minimize the risk of 
unwanted fish reproduction. Lastly, lakes that currently do not 
have fish would remain fishless under the preferred 
alternative.
    Legislation is needed to exercise the preferred alternative 
because the Park Service lacks the authority to implement all 
of required management actions. All of the lakes considered in 
the plan are in a designated wilderness area, and NPS 
Management Policies prohibit fish stocking in waters that were 
naturally fishless in such areas. Without legislation, the NPS 
will implement Alternative D of the plan. Alternative D ceases 
fish stocking and removes reproducing fish from the mountain 
lakes, wherever it is feasible to do so, to reestablish fish-
free lakes again.
    The fish stocking program would be managed by the NPS and 
the State of Washington. Under the program, fish stocking would 
occur every 3 to 10 years and be tailored to specific lake 
conditions. Stocking would be done primarily by volunteers who 
backpack young fish in plastic containers to the lakes. Lakes 
that are too remote for backpack stocking, will be stocked 
using fixed wing aircraft chartered by the Washington 
Department of Fish and Wildlife.

                          LEGISLATIVE HISTORY

    H.R. 2430, sponsored by Representative Hastings of 
Washington and others, passed the House of Representatives, on 
June 2, 2009, by a voice vote. The Subcommittee on National 
Parks held a hearing on the bill on July 22, 2009. S. Hrg. 111-
129.
    At its business meeting on August 5, 2010, the Committee on 
Energy and Natural Resources ordered the bill favorably 
reported with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in its open 
business session on August 5, 2010, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 2430, if amended 
as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 2430, the Committee 
adopted an amendment in the nature of a substitute. The 
amendment strikes the findings section, adds a definitions 
section, and adds conditions defining where and what types of 
fish may be stocked. The amendment is described in detail in 
the section-by-section analysis below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, the ``North Cascades 
National Park Service Complex Fish Stocking Act''.
    Section 2 defines key terms used in the bill.
    Section 3(a) directs the Secretary of the Interior 
(Secretary) to allow continued fish stocking in the North 
Cascades National Park Service Complex.
    Subsection (b) defines the conditions under which the 
stocking may occur in up to 42 lakes within the North Cascades 
National Park Service Complex that have historically been 
stocked. The Secretary may only stock non-reproducing native 
fish, identified as native to the slope of the Cascade Range on 
which the lake to be stocked is located, and in accordance with 
management alternative B defined in the referenced fishery 
management plan and environmental impact statement. Stocking 
decisions are required to be based on scientific findings 
developed through research and monitoring and in coordination 
with the State of Washington.
    Subsection (c) directs the Secretary to continue research 
and monitoring of the impacts of fish stocking and requires the 
Secretary to submit a report of findings based on these 
activities five years after enactment of the Act and every five 
years thereafter to the Senate Energy and Natural Resources 
Committee and Committee on Natural Resources of the House of 
Representatives.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 2430--North Cascades National Park Service Complex Fish Stocking 
        Act

    H.R. 2430 would authorize the National Park Service (NPS) 
to stock fish in lakes in three units of the National Park 
System in the state of Washington. Based on information 
provided by the NPS, CBO estimates that implementing H.R. 2430 
would have no significant effect on discretionary spending. 
Under the bill, the expense of stocking fish would be borne by 
the state or other nonfederal entities, as it has been since 
the three park units were established. Enacting the legislation 
would not affect revenues or direct spending; therefore, pay-
as-you-go procedures do not apply.
    H.R. 2430 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Assistant 
Director for the Budget Analysis Division.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 2430.
    The Act is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 2430, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 2430, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Department of the Interior were included 
in testimony received by the Committee at a hearing on H.R. 
2430 on July 22, 2009, which is printed below:

 Statement of Daniel N. Wenk, Acting Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to provide the 
Department of the Interior's views on H.R. 2430, a bill to 
direct the Secretary of the Interior to continue stocking fish 
in certain lakes in North Cascades National Park, Ross Lake 
National Recreation Area, and Lake Chelan National Recreation 
Area (hereafter referred to as ``North Cascades Complex'').
    The Department does not oppose H.R. 2430; however we would 
like to work with the committee on amendments to the bill.
    The National Park Service collectively manages North 
Cascades National Park, Ross Lake National Recreation Area, and 
Lake Chelan National Recreation Area as North Cascades National 
Park Service Complex. All of the 245 mountain lakes in the 
North Cascades Complex area were naturally fishless. Fish 
stocking in this area began in the late 1800's. During this 
period, approximately 91 lakes were stocked at one time or 
another and 154 lakes were never stocked. This fish stocking 
provided the opportunity to fish in these mountain lakes. The 
issue of continued fish stocking arose in 1968 when the 
proposal to create the park was introduced. Although the 
enabling legislation does reference the requirement for a 
Washington state fishing license, it is silent regarding fish 
stocking. Stocking continued after the park was established. 
However, concerns over the ecological impacts of fish stocking 
in naturally fish-free waters continued. Then soon after the 
park complex was created, the National Park Service policy 
regarding fish stocking was revised to provide that fish 
stocking in naturally fish-free waters should not occur. Fish 
stocking was phased out in many national parks across the 
country to restore natural conditions and to preserve native 
species. In 1988, Congress designated ninety three percent of 
the North Cascades as the Stephen Mather Wilderness and 90 of 
the 91 lakes that had historically been stocked are within the 
Wilderness area. At the time the Wilderness was designated, 
Congress did not address the issue of stocking the lakes.
    The 2006 Management Policies of the National Park Service 
(NPS) allow for the management of fish populations when 
necessary to restore resources to their natural state or 
reestablish a native species that has been extirpated. Stocking 
of other plants or animals is also allowed under certain 
circumstances. Specifically, the policies provide that ``In 
some special situations, the Secretary may stock native or 
exotic animals for recreational harvesting purposes, but only 
when such stocking will not unacceptably impact park natural 
resources or processes and when:
           the stocking is of fish into constructed 
        large reservoirs or other significantly altered large 
        water bodies and the purpose is to provide for 
        recreational fishing; or
           the intent for stocking is a treaty right or 
        expressed in statute, applicable law, or a House or 
        Senate report accompanying a statute.
    The Service will not stock waters that are naturally barren 
of harvested aquatic species.'' 
    The NPS appreciates the collaborative partnership with the 
Washington Department of Fish and Wildlife (WDFW) at North 
Cascades Complex and throughout the State of Washington. 
Despite this strong working relationship, a number of 
challenges have historically arisen when trying to reconcile 
the missions and policies of the WDFW and NPS on this stocking 
program. However, multiple attempts have been made to negotiate 
a mutually acceptable outcome on this issue. For example, in 
1987, the Assistant Secretary of the Interior, Fish and 
Wildlife and Parks, negotiated an agreement allowing fish 
stocking to continue in certain lakes while simultaneously 
conducting research into the ecological impacts of stocking. In 
1991, the National Park Service entered into a Consent Decree 
to resolve litigation challenging the fish stocking program 
wherein NPS agreed to conduct research into the ecological 
impacts of fish stocking at North Cascades and then to conduct 
a NEPA review of the fish stocking of naturally fish-free 
lakes.
    A decade of research, conducted in the North Cascades 
Complex through Oregon State University and the USGS Biological 
Resources Division, documented in the North Cascades lakes 
where fish had been stocked in low numbers and could not 
reproduce, no statistically significant ecological effects to 
native aquatic species were detected. However, in self-
sustaining populations, non-native trout can have significant 
effects on native aquatic organisms such as amphibians and 
zooplankton.
    In 2002, the NPS in collaboration with WDFW began 
development of a comprehensive Mountain Lakes Fishery 
Management Plan/Environmental Impact Statement (Plan/EIS). The 
purpose of the planning effort was to apply the results of the 
research and resolve the longstanding conflict over fish 
stocking in the mountain lakes.
    On November 26, 2008, the NPS issued a Record of Decision 
for the final Plan/EIS and selected the preferred alternative 
that would stop stocking and remove fish from lakes where 
significant impacts were occurring (49 lakes) but allow 
stocking of non-reproducing fish at low densities to continue 
in up to 42 lakes, subject to additional monitoring. In this 
manner, the EIS found that the stocking would not unacceptably 
impact park natural resources or processes in some lakes. 
However, the Record of Decision (ROD) also notes that fish 
stocking in the Stephen T. Mather Wilderness does not meet the 
minimum requirements analysis conducted under section 4(c) of 
the Wilderness Act. In addition, the ROD recognizes that to be 
consistent with NPS policy, the NPS would need the legal 
authority to implement the preferred alternative. The ROD 
further provides and that if the legal authority was not 
provided to the NPS by July 1, 2009, the NPS, consistent with 
NPS policy, would discontinue the stocking program in its 
entirety and work to restore the natural ecology of all the 
mountain lakes. In the majority of lakes this would be 
accomplished through the combination of not stocking and 
continued fishing. Over time, natural mortality would remove 
the remainder. In lakes where naturally reproducing populations 
were found, the NPS would work to remove these fish. 
Realistically at least ten lakes are so large that no known 
removal techniques will work and fish populations will remain 
for the foreseeable future.
    The NPS is interested in ensuring that any legislation 
regarding fish stocking is guided by science and an 
understanding of the impact that such policy decisions would 
have on park resources. We recommend, for example, that any 
stocked fish be both native to the local watershed and be 
functionally sterile. And we request that the Secretary 
continue a program of monitoring the impacts of fish stocking 
in order to determine if further adjustments are needed to 
protect aquatic resources. We would welcome an opportunity to 
work with the Committee and the sponsors of this legislation on 
the language of these proposed amendments.
    Mr. Chairman, this concludes my prepared remarks. I would 
be pleased to answer any questions you or other members of the 
Subcommittee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 2430, as 
ordered reported.

                                  
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