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[House Report 107-362]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-362

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SENSE OF THE CONGRESS REGARDING HUNTING SEASONS FOR MIGRATORY MOURNING 
                                 DOVES

                                _______
                                

   March 4, 2002.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                    [To accompany H. Con. Res. 275]

    The Committee on Resources, to whom was referred the 
concurrent resolution (H. Con. Res. 275) expressing the sense 
of the Congress that hunting seasons for migratory mourning 
doves should be modified so that individuals have a fair and 
equitable opportunity to hunt such birds, having considered the 
same, report favorably thereon without amendment and recommend 
that the concurrent resolution be agreed to.

                          PURPOSE OF THE BILL

    The purpose of H. Con. Res. 275 is to express the Sense of 
the Congress that hunting seasons for migratory mourning doves 
should be modified so that individuals have a fair and 
equitable opportunity to hunt such birds.

                  BACKGROUND AND NEED FOR LEGISLATION

    The mourning dove is the most widely distributed migratory 
game bird in North America, nesting in 48 of the 50 states in 
America. Both male and female birds measure from 11 to 13 
inches in length and weigh four to five ounces each. Their 
average life span is about 18 months and they reproduce up to 
four sets of offspring each year. Typically, the eggs hatch in 
about 14 days. The young doves grow rapidly, leaving the nest 
in 12 to 14 days, and become independent of their parents at 
about three weeks of age. Doves have adapted well to man-made 
habitat, preferring the open fields, abundant food supply, and 
forest edges that modern agriculture provide. Despite this 
fact, the annual mortality rate of mourning doves is around 
sixty percent regardless of whether hunting activity occurs.
    The Migratory Bird Treaty of 1916, which has been signed by 
the United States, Canada, Great Britain, Japan, Mexico and 
Russia, established a framework that allows the hunting of 
migratory game birds to occur between September 1st and March 
10th. Migratory birds has been defined to include: all wild 
species of ducks, geese, brants, coots, gallinules, rails, 
snipes, woodcocks, crows and mourning and white-winged doves. 
There is little legislative history justifying the selection of 
this fall opening date and in the 86 years since the Treaty's 
ratification, migration routes, hunting practices and 
conservation efforts have significantly changed.
    About 50 million mourning doves are taken by U.S. hunters 
each year, which is more than any other game species. 
Unfortunately, because of naturally occurring events, most 
doves have migrated to the southern regions of the United 
States by the arbitrary date of September 1st. It is not 
uncommon for the fall hunting season to last less than one week 
or even one day in northern states like Colorado, Maryland, 
Montana and Utah. The net effect is that thousands of Americans 
are denied a fair and equitable chance to harvest migratory 
mourning doves. The last week of August has been identified as 
a transition period when doves are not nesting but are 
preparing for their annual southern migration. Biologists have 
consistently found that regulated hunting for mourning doves 
has no significant effect on recruitment of fledglings in 
mourning dove populations.
    H. Con. Res. 275 would urge the Bush Administration to 
begin negotiations with the other signatories to the Migratory 
Bird Treaty to modify the hunting framework dates contained 
within this agreement to extend the hunting season for 
migratory mourning doves by one week for those States above 37 
degrees north latitude (see map). This would allow individuals 
in those States a fair and equitable opportunity to harvest 
these birds. This modification would not adversely affect dove 
populations and it will increase revenues paid into the Federal 
Aid in Wildlife Restoration Fund which is used to conserve 
critical wetlands that provide habitat for millions of 
migratory birds. In addition, game managers will be free to 
update any regulations necessary to allow for a lengthened 
season. This legislation would not affect those States that do 
not have a dove hunting season.

                            COMMITTEE ACTION

    H. Con. Res. 275 was introduced on November 16, 2001, by 
Congressman Jim Hansen (R-UT) and was referred to the Committee 
on Resources. Within the Committee, the bill was referred 
within the Committee to the Subcommittee on Fisheries 
Conservation, Wildlife and Oceans. On December 6, 2001, the 
Subcommittee met to mark up the legislation. There were no 
amendments and the resolution was then forwarded to the Full 
Committee by voice vote. On February 27, 2002, the full 
Resources Committee met to consider the measure. No amendments 
were offered and the resolution was then ordered favorably 
reported to the House of Representatives by unanimous consent.

            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 Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. The bill expresses a sense 
of Congress regarding dove hunting and therefore, no costs are 
incurred.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. H. Con. Res. 
275 is a sense of Congress resolution and therefore, no costs 
are incurred. No cost estimate was requested from the 
Congressional Budget Office.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

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