39–010 

Calendar No. 362 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–151 

NORTH CASCADES NATIONAL PARK SERVICE COMPLEX 

FISH STOCKING 

APRIL 10, 2014.—Ordered to be printed 

Ms. LANDRIEU, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 1158] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (H.R. 1158) to direct the Secretary of the Interior 

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 without amendment and recommends that the 

bill do pass. 

PURPOSE

The purpose of H.R. 1158 is to direct the Secretary of the Interior 

to continue stocking fish in certain lakes in the North Cascades 

National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area in Washington State. 

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. 


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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, recommended 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 the 

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. 1158, sponsored by Representative Hastings, passed the 

House of Representatives by a voice vote on June 11, 2013. The 

Senate Committee on National Parks held a hearing on the measure on July 31st, 2013 (S. Hrg. 113–93). At its business meeting 


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on December 19, 2013 the Committee ordered H.R. 1158 favorably 

reported without amendment. 

Representative Hastings sponsored similar legislation in the 

112th Congress, H.R. 2351. H.R. 2351 passed the House of Representatives by a voice vote on December 7, 2011. No further action 

was taken in the Senate. 

Representative Hastings also sponsored similar legislation in the 

111th Congress, H.R. 2430. H.R. 2430 passed the House of Representatives by a voice vote on June 2, 2009. The Subcommittee on 

National Parks held a hearing on H.R. 2430 on July 22, 2009 and 

the Committee ordered the bill favorably reported with an amendment in the nature of a substitute at its business meeting on August 5, 2010 (S. Rept. 111–324). 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on December 19, 2013, by a voice vote of a 

quorum present, recommends that the Senate pass H.R. 1158. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘North Cascades National 

Park Complex Fish Stocking Act.’’ 

Section 2 defines key terms used in the bill. 

Section 3(a) directs the Secretary of the Interior to authorize the 

stocking of fish in lakes in the North Cascades National Park Service Complex (collectively the North Cascades National Park, Ross 

Lake National Recreation Area, and Lake Chelan National Recreation Area), subject to subsection (b). 

Subsection (b) provides that the Secretary is authorized to allow 

stocking of fish in not more than 42 of the 91 lakes in the North 

Cascade National Park Service Complex that historically have been 

stocked with fish. The Secretary may only stock fish that are native to the slope on the Cascade Range on which the lake to be 

stocked is located, and non-reproducing, as identified in Management Alternative B of the referenced June 2008 management plan 

and environmental impact statement. In making fish stocking decisions, the Secretary is to consider relevant scientific information, 

including the management plan and research and monitoring data. 

Subsection (c) directs the Secretary to continue a program of research and monitoring on the impacts of fish stocking on the resources of the applicable unit of the North Cascades National Park 

Service Complex and submit a report every 5 years to the Congressional authorizing committees that describes the results of the research and monitoring program. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

H.R. 1158—North Cascades National Park Service Complex Fish 

Stocking Act 

H.R. 1158 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 DeVerDate Mar 15 2010 22:58 Apr 14, 2014 Jkt 039010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR151.XXX SR151

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partment of the Interior, CBO estimates that implementing H.R. 

1158 would have no significant effect on the federal budget. Under 

the act, NPS would be responsible for monitoring the impacts of 

these activities and submit its findings to the Congress every five 

years. CBO assumes that 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 direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 

H.R. 1158 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. 

On May 3, 2013, CBO transmitted a cost estimate for H.R. 1158, 

the North Cascades National Park Service Complex Fish Stocking 

Act, as ordered reported by the House Committee on Natural Resources on April 24, 2013. The two pieces of legislation are identical, and the CBO cost estimates are the same. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy 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. 1158. 

The bill 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. 1158, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 1158, as 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 testimony provided by National Park Service at the July 31, 

2013, Subcommittee on National Parks hearing on H.R. 1158 follows: 

STATEMENT OF STEPHANIE TOOTHMAN, ASSOCIATE DIRECTOR, CULTURAL RESOURCES, PARTNERSHIPS, AND

SCIENCE, 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. 1158, 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 NaVerDate Mar 15 2010 22:58 Apr 14, 2014 Jkt 039010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6969 E:\HR\OC\SR151.XXX SR151

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tional Recreation Area (hereafter referred to as ‘‘North 

Cascades Complex’’). 

The Department does not oppose H.R. 1158 if amended 

in accordance with this testimony. 

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 1800s. 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. 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 Service 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 rarge 

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 Rouse or 

Senate report accompanying a statute. 

The Service will not stock waters that are naturally barren of harvested aquatic species.’’ 


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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 research into the ecological impacts of 

stocking was conducted. In a 1991 Consent Decree resolving litigation challenging the fish stocking program, NPS 

agreed to conduct research into the ecological impacts of 

fish stocking at North Cascades and a National Environmental Policy Act review of the stocking of naturally fishfree lakes. 

A decade of research, conducted in the North Cascades 

Complex through Oregon State University and the USGS 

Biological Resources Division, documented 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, which 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. The EIS found that such stocking would not unacceptably impact park natural resources or processes in 

those 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 the NPS would need legal authority 

to implement the preferred alternative. The ROD further 

provides that if such 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 continued fishing without further 

stocking. Over time, natural mortality would remove the 


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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 note that the bill directs the 

Secretary to continue monitoring the impacts of fish stocking in order to determine if further adjustments are needed to protect aquatic resources. 

Fish stocking has not occurred in any lakes within the 

North Cascades Complex since 2007. During that time, 

there have been no requests for additional stocking from 

either the public or from the WDFW, as they no longer 

consider fish stocking a priority. 

Since non-native fish removal efforts began in 2009, we 

have seen an almost immediate return of native amphibians, which is an indicator of a more resilient ecosystem. 

With our improved awareness of the negative resource impacts of climate change, we now understand the importance of eliminating environmental stressors, such as nonnative fish species. Thus, we feel that NPS needs the management flexibility to respond to changing environmental 

conditions, including climate change. 

To ensure the NPS has the management flexibility to respond appropriately should monitoring and scientific research indicate negative impacts to resources from fish 

stocking, we strongly recommend one amendment. We ask 

that Section 3 (a) be amended to read as follows: ‘‘Subject 

to subsection (b), the Secretary may authorize the stocking 

of fish in lakes in the North Cascades National Park Service Complex.’’ 

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 H.R. 1158 as ordered reported. 

Æ 


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