49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–585 

ASIAN CARP PREVENTION AND CONTROL ACT 

JULY 20, 2006.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 3049] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 3049) to amend section 42 of title 18, United States Code, 

popularly known as the Lacey Act, to add certain species of carp 

to the list of injurious species that are prohibited from being imported or shipped, having considered the same, report favorably 

thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Vote of the Committee ............................................................................................. 3 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority and Tax Expenditures ...................................................... 3 

Congressional Budget Office Cost Estimate .......................................................... 3 

Performance Goals and Objectives ......................................................................... 5 

Constitutional Authority Statement ...................................................................... 5 

Section-by-Section Analysis and Discussion .......................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 5 

Markup Transcript .................................................................................................. 7 


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1Dan Egan, Intruders at the Gate, MILWAUKEE JOURNAL SENTINEL, Dec. 25, 2004, available 

at http://www.jsonline.com/story/index.aspx?id=286806. 2 Id. 

3 Jesse Garza, Invasive Fish Could Threaten Watershed, MILWAUKEE JOURNAL SENTINEL, Aug. 

23, 2005, available at http://www.jsonline.com/story/index.aspx?id=350484. 

PURPOSE AND SUMMARY

H.R. 3049, the ‘‘Asian Carp Prevention and Control Act,’’ addresses the growing problem of non-native species of Asian carp entering the Mississippi River System and the Great Lakes. The bill 

amends 18 U.S.C. § 42, popularly known as the ‘‘Lacey Act,’’ to add 

four species of Asian carp to the list of injurious species that are 

prohibited from being imported into or shipped within the United 

States. 

BACKGROUND AND NEED FOR THE LEGISLATION

Since the 1970s, three species of non-native Asian carp (silver, 

bighead, and black carp) have been imported into the United States 

for use in aquaculture facilities as fish food and as a biological control for excessive aquatic plants, algae, nutrients, and snails. These 

fish consume large amounts of food and grow quickly, reaching up 

to 50 inches in length and 100 pounds. 1

All three species have escaped captivity and have entered into 

the Mississippi River Basin. Because bighead and silver carp first 

escaped in the 1980s, they have established reproducing populations that have begun to migrate northward to the upper Mississippi and Illinois Rivers. In some areas, they have become the 

most abundant fish species, out-competing native fish for food, and 

becoming entangled in and destroying commercial fishing nets. In 

addition, boaters have been injured by silver carp, which are highly 

sensitive to noise and frequently jump out of the water in response 

to nearby outboard motors. Bighead and silver carp are currently 

limited to the Mississippi River. However, these fish have been reported as close as 40 miles from Lake Michigan. 2

The initial escape of black carp was first documented in 1994, 

when approximately 30 black carp (reportedly sterile) escaped into 

the Missouri River (which feeds into the Mississippi River) during 

a flood at an aquaculture facility. Since then, four incidents of escaped black carp have been documented in Louisiana, Missouri, 

and Illinois. Currently, it is not believed that black carp are reproducing in the wild. However, if black carp become established, they 

threaten to decimate native snail and mussel populations, many of 

which are threatened or endangered, given their voracious feeding 

habits. It is estimated that a 4-year-old black carp consumes an average of 3–4 pounds of mussels each day. Also, fish species that 

rely on these same invertebrate prey may suffer, including endangered and threatened sturgeon. 3

If Asian carp reach the Great Lakes, they will threaten fisheries 

in the Great Lakes, an industry that has been valued at between 

$4–7 billion. This is an ecosystem already de-stabilized by the introduction of over 180 non-native species, including the sea lamprey and zebra mussel. Asian carp could potentially strip the system of prey at the base of the food web, devastating nearly all native fish. To prevent Asian carp from entering the Great Lakes, an 

electrical barrier has been built in the Chicago Sanitary and ShipVerDate Aug 31 2005 03:09 Jul 21, 2006 Jkt 049006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6601 E:\HR\OC\HR585.XXX HR585

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4Oversight Hearing on the Growing Problem of Invasive Asian Carp in the Great Lakes and 

Mississippi River System Before the Subcomm. On Fisheries and Oceans of the H. Comm. on Resources, 109th Cong. (2005) (submitted testimony of Richard Daley, Mayor, City of Chicago). 

ping Canal, which is the only water connection between the Mississippi River and Great Lakes Basin. However, as Chicago Mayor 

Richard M. Daley explained in submitted testimony at a hearing 

last November before the House Committee on Resources’ Subcommittee on Fisheries and Oceans, the electrical barrier is not 

sufficient and additional steps must be taken to prevent the spread 

of Asian carp. 4

HEARINGS

The Committee on the Judiciary held no hearings on H.R. 3049. 

COMMITTEE CONSIDERATION

On March 29, 2006, the Committee met in open session and ordered favorably reported the bill H.R. 3049 without an amendment 

by voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of Rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the committee consideration of H.R. 3049. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of Rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of Rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of Rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of Rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 3049, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, April 21, 2006. 

Hon. F. JAMES SENSENBRENNER, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3049, the ‘‘Asian Carp 

Prevention and Control Act.’’ 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford, who 

can be reached at 226–2860. 

Sincerely, 

DONALD B. MARRON. ACTING DIRECTOR

Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 3049—Asian Carp Prevention and Control Act. 

H.R. 3049 would make it a Federal crime to import or ship four 

species of carp—black, bighead, silver, and largescale silver—unless the importer has obtained permission from the U.S. Fish and 

Wildlife Service to import the fish for scientific, medical, educational, or zoological reasons. CBO estimates that implementing 

H.R. 3049 would have no significant cost to the Federal Government. Enacting the bill could affect direct spending and revenues, 

but CBO estimates that any such effects would not be significant. 

H.R. 3049 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would impose no 

significant costs on State, local, or tribal governments. 

H.R. 3049 would impose a private-sector mandate, as defined in 

UMRA, on entities that import or ship certain varieties of Asian 

carp. Based on information from industry and government sources, 

CBO estimates that the direct cost of complying with the mandate 

would be small and fall below the annual threshold for private-sector mandates established in UMRA ($128 million in 2006, adjusted 

annually for inflation). The bill would add certain species of carp 

to the list of injurious species that are currently prohibited from 

being imported or shipped. The cost of the mandate would be the 

loss of net income from not being able to import or ship those fish. 

According to government and industry sources, the value of shipments and imports is very small relative to UMRA’s threshold. 

Because the bill would establish a new offense, the Federal Government would be able to pursue cases that it otherwise would not 

be able to prosecute. CBO expects that H.R. 3049 would apply to 

a relatively small number of offenders, however, so any increase in 

costs for law enforcement, court proceedings, or prison operations 

would not be significant. Any such costs would be subject to the 

availability of appropriated funds. 

Because those prosecuted and convicted under H.R. 3049 could 

be subject to criminal fines, the Federal Government might collect 

additional fines if the legislation is enacted. Criminal fines are recorded as revenues, deposited in the Crime Victims Fund, and later 


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spent. CBO expects that any additional revenues and direct spending would not be significant because of the small number of cases 

likely to be affected. 

The CBO staff contacts for this estimate are Matthew Pickford 

(for Federal costs), who can be reached at 226–2860, and Paige 

Piper/Bach (for the private-sector impact), who can be reached at 

226–2940. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of Rule XIII 

of the Rules of the House of Representatives, H.R.3049, is intended 

to reduce the increase in population and the migration of harmful 

non-native species of Asian carp. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in art. I, § 8, of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

The following discussion describes the bill as reported by the 

Committee. 

Section 1. Short Title. 

This section provides for the short title of the bill as the ‘‘Asian 

Carp Prevention and Control Act.’’ 

Section 2. Addition of Species of Carp to the List of Injurious Species that are Prohibited from being Imported or Shipped. 

This section amends 18 U.S.C. § 42(a)(1) to include the black 

carp, the bighead carp, the silver carp, and the largescale silver 

carp to the list of injurious species. Injurious species are those species (and offspring and eggs) that are injurious to the interests of 

human beings, agriculture, horticulture, forestry, wildlife, or wildlife resources of the United States. If a species is listed as injurious, importation and interstate transfer of these fish is prohibited 

unless authorized through a permit from the U.S. Fish and Wildlife 

Service. Special permits may be granted for scientific, educational, 

medical, or zoological purposes. Intrastate transport or possession 

of these species within States is not prohibited unless expressly 

prohibited by that State. The penalty for violating this provision of 

the Lacey Act includes fines or imprisonment for not more than six 

months. 

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): 


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TITLE 18, UNITED STATES CODE 

* * * * * * * 

PART I—CRIMES 

* * * * * * * 

CHAPTER 3—ANIMALS, BIRDS, FISH, AND PLANTS 

* * * * * * * 

§ 42. Importation or shipment of injurious mammals, birds, 

fish (including mollusks and crustacea), amphibia, 

and reptiles; permits, specimens for museums; regulations 

(a)(1) The importation into the United States, any territory of the 

United States, the District of Columbia, the Commonwealth of 

Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession 

of the United States, of the mongoose of the species Herpestes 

auropunctatus; of the species of so-called ‘‘flying foxes’’ or fruit bats 

of the genus Pteropus; of the zebra mussel of the species Dreissena 

polymorpha; of the black carp of the species Mylopharyngodon 

piceus; of the bighead carp of the species Hypophthalmichthys 

nobilis; of the silver carp of the species Hypophthalmichthys 

molitrix; of the largescale silver carp of the species 

Hypophthalmichthys harmandi; and such other species of wild 

mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of 

any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such 

prohibited mammals, birds, fish (including mollusks and 

crustacea), amphibians, and reptiles, and the eggs or offspring 

therefrom, shall be promptly exported or destroyed at the expense 

of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section 

shall not authorize any action with respect to the importation of 

any plant pest as defined in the Federal Plant Pest Act, insofar as 

such importation is subject to regulation under that Act. 

* * * * * * * 


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MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, MARCH 29, 2006 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:09 a.m., in Room 

2141, Rayburn House Office Building, the Honorable F. James Sensenbrenner, Jr. (Chairman of the Committee) presiding. 

Chairman SENSENBRENNER. The Committee will be in order. A 

working quorum is present. 

Pursuant to notice, I now call up the bill H.R. 3049, the ‘‘Asian 

Carp Prevention and Control Act,’’ for purposes of markup and 

move its favorable recommendation to the House. Without objection, the bill will be considered as read and open for amendment 

at any time. 

[The bill, H.R. 3049, follows:] 


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Chairman SENSENBRENNER. The chair recognizes himself for 5 

minutes to explain the bill. 

Today we are considering H.R. 3049, the ‘‘Asian Carp Prevention 

and Control Act,’’ a bill authored by my colleague from Wisconsin, 

Mr. Green, to prohibit the importation and interstate shipment of 

four species of Asian carp. 

In the 1980’s, several non-native species of Asian carp escaped 

captivity in Arkansas and made their way into the Mississippi 

River. Dubbed ‘‘the underwater lawn mower,’’ these enormous fish 

have become a menace to native species and their habitat. Asian 

carp can grow to over 4 feet long and over 100 pounds, leaving little or no food supply for other fish. Now these pests are moving upstream toward the Great Lakes, threatening the food supply of 

sport fish, such as the yellow perch, walleye, and smallmouth bass, 

and threatening fishermen as well. 

The Milwaukee Journal Sentinel reports that Asian carp have 

been known to jump as high as 15 feet, hurtling into fishing boats 

and, in one instance, breaking a commercial fisherman’s nose. In 

a series of articles, the Journal has chronicled the threat posed to 

native ecosystems by Asian carp. I ask unanimous consent to include these articles in the Committee report. 

Without objection, so ordered. 

[The information follows:] 


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Chairman SENSENBRENNER. H.R. 3049 amends the Lacey Act to 

designate four species of Asian carp as injurious fish. This designation prohibits the importation and interstate shipment of Asian 

carp unless a permit is issued by the U.S. Fish and Wildlife Service. The penalty for illegally importing or shipping Asian carp is a 

fine or imprisonment of up to 6 months. 

This bill is supported by Members on both sides of the aisle, including the Ranking Member from Michigan, Mr. Conyers. It is 

also supported by over a dozen Great Lakes environmental, angling, and recreational organizations. I hope my colleagues will join 

me in favorably reporting this bill and recognize the gentleman 

from Michigan, Mr. Conyers. 

Mr. CONYERS. Mr. Chairman, I am pleased to rise in support of 

the measure and join yourself and the gentleman from Wisconsin, 

Mr. Green, in what we think is an important environmental step 

forward. 

The Great Lakes currently holds 90 percent of the Nation’s fresh 

water, making them one of the most important natural resources 

in our country. The Great Lakes also provide a major source of 

transportation for many Americans, and economic activity within 

the region accounts for more than half of the Nation’s output. Fishing alone in the Great Lakes generates over $2.5 billion in tackle 

sales, provides employment for more than 66,000 workers, and creates a total economic output greater than $7.5 billion. 

Considering the tremendous role that the Great Lakes provide in 

this country, it is essential that they be protected from the influx 

of Asian carp, which have proven to damage aquatic environment 

and often displace native fish populations through their rapid 

growth and enormous size, as has been described. If left unchecked, 

there is no doubt that they will have a huge negative impact on 

the ecosystem and many valuable fish populations currently now 

found in the Great Lakes region. 

The measure before us today seeks to prevent this problem from 

becoming a reality by adding Asian carp to the list of prohibited 

wildlife under the provisions on the Lacey Act. By updating the 

Lacey Act to include Asian carp, we effectively establish a permanent ban on their importation and transportation across State 

lines. 

I am also pleased that the environmental organizations are all 

united in support of this measure. I hope it will gain the unanimous support of the Members of the Committee. 

I return any unused time. 

Chairman SENSENBRENNER. The gentleman’s time has expired. 

Without objection, all Members may introduce opening statements 

in the record at this point. 

[The prepared statement of Mr. Green follows:] 

PREPARED STATEMENT OF THE HONORABLE MARK GREEN, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF WISCONSIN

I want to begin by thanking Chairman Sensenbrenner for including my legislation, H.R. 3049, the ‘‘Asian Carp Prevention and Control Act,’’ in today’s mark-up. 

I applaud and appreciate your leadership in moving this issue forward. I also want 

to thank Ranking Member Conyers for his cosponsorship of the legislation. As is evident by this bill’s strong bipartisan support, protecting the Great Lakes is absolutely non-partisan. 

H.R. 3049 is a straightforward piece of legislation that is critical to protecting the 

Great Lakes from one of its most significant threats—Asian carp. My legislation adVerDate Aug 31 2005 03:09 Jul 21, 2006 Jkt 049006 PO 00000 Frm 00022 Fmt 6659 Sfmt 6621 E:\HR\OC\HR585.XXX HR585

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dresses this threat by adding four species of non-native Asian carp as ‘‘injurious 

wildlife’’ under the Lacey Act. An ‘‘injurious wildlife’’ listing would prohibit the importation and interstate transportation of the carp. 

As many of you know, the Great Lakes represent the largest freshwater system 

on the planet. It boasts a dazzling array of wildlife, supports billions of dollars in 

industry, and has been a source of pride for the millions of Americans who live 

along their shores. However, to put it bluntly, the Asian carp is an invasive species 

that threatens to unravel the Great Lakes’ fragile ecosystem. 

When I look at the biology of Asian carp, which have been slowly moving up the 

Mississippi River since their escape from aquaculture facilities in the 1980s, what 

I see terrifies me. Asian carp have the proven ability to quickly take over and dominate an ecosystem. Asian carp can grow to over 50 inches in length, weigh 110 

pounds and produce up to 1.2 million eggs per year. To support their tremendous 

size, they have a voracious appetite, consuming 6 to 20 percent of their body weight 

a day. 

This obviously spells trouble for the scores of native fish we know and love in the 

Great Lakes and other parts of the country. The Asian carp could devastate the 

Great Lakes’ multi-billion dollar fishing industry—destroying the fragile ecosystem 

in the process. We must act swiftly, while there’s still some time left. 

Like so many concerned observers—from sportsmen and commercial fishermen to 

conservationists—I have been frustrated with the slow pace of protecting the Great 

Lakes from invasive species—especially the Asian carp. As you may know, the U.S. 

Fish & Wildlife Service (Service) is authorized to designate species as ‘‘injurious 

wildlife’’ under the Lacey Act. Unfortunately, like a number of other species awaiting consideration by the Service, the Asian carp petitions have lingered for years, 

all while the carp continue to encroach on the Great Lakes. 

Last November, I was fortunate enough to participate in a House Resources Subcommittee on Fisheries and Oceans hearing on the threat posed by Asian carp. At 

this hearing, the Service’s expert witness testified that ‘‘the conclusion reached by 

the scientists that conducted the risk assessments is that black, silver and bighead 

carp pose unacceptable risks to freshwater resources in the U.S. and to the economies they support.’’ 

While this conclusion would lead one to believe that the Service would be moving 

to expeditiously list the Asian carp, when I inquired about the Service’s timeline for 

completing their work, I was told that one did not exist. 

I have not found an expert who thinks we will be able to eradicate Asian carp 

from the Great Lakes once a reproducing population is established in the lakes. Although I appreciate the Service’s efforts, these dangerous species won’t wait for the 

petition process to run its course. 

The good news is that it is not too late to take preventative action. That is why 

it is essential that we pass H.R. 3049 and close an avenue to introduction. 

Finally, as I mentioned earlier, there is broad support behind this legislation 

throughout the Great Lakes delegation. I have also heard from Mayor Daley in Chicago, a number of environmental and conservation groups and the Great Lakes 

Fishery Commission. I also want to once again thank Charlie Henriksen, President 

of the Wisconsin Commercial Fisheries Association, who last year came out to 

Washington to give a first hand account of his concerns about Asian carp and how 

it could impact his livelihood. 

Again, thank you Chairman Sensenbrenner for holding this mark-up. I am hopeful today will be an important step in helping reduce the risk of Asian carp from 

entering the Great Lakes. 

Chairman SENSENBRENNER. Are there amendments? 

Are there amendments? 

If there are no amendments—— 

A reporting quorum is not present. Without objection, the previous question is ordered on the motion to report the bill favorably. 

[Intervening business.] 

Chairman SENSENBRENNER. A reporting quorum is present. The 

chair will take up the motion to report H.R. 3049, the Asian Carp 

bill, favorably. Those in favor of the motion to report the bill favorably will say aye. 

Opposed, no. 

The ayes appear to have it. The ayes have it. The motion to report favorably is agreed to. Without objection, the staff is directed 

to make any technical and conforming changes and all Members 


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will be given 2 days, as provided by the House rules, in which to 

submit additional dissenting, supplemental, or minority views. 

Æ 


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