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S. HRG. 111–1207 

HEARING ON THE NOMINATION OF 

SAMUEL HAMILTON TO BE DIRECTOR OF THE 

UNITED STATES FISH AND WILDLIFE SERVICE 

HEARING 

BEFORE THE

COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS 

UNITED STATES SENATE 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

JULY 22, 2009 

Printed for the use of the Committee on Environment and Public Works 

( 

Available via the World Wide Web: http://www.gpo.gov/fdsys 
(II) 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

BARBARA BOXER, California, Chairman 

MAX BAUCUS, Montana 

THOMAS R. CARPER, Delaware 

FRANK R. LAUTENBERG, New Jersey 

BENJAMIN L. CARDIN, Maryland 

BERNARD SANDERS, Vermont 

AMY KLOBUCHAR, Minnesota 

SHELDON WHITEHOUSE, Rhode Island 

TOM UDALL, New Mexico 

JEFF MERKLEY, Oregon 

KIRSTEN GILLIBRAND, New York 

ARLEN SPECTER, Pennsylvania 

JAMES M. INHOFE, Oklahoma 

GEORGE V. VOINOVICH, Ohio 

DAVID VITTER, Louisiana 

JOHN BARRASSO, Wyoming 

MIKE CRAPO, Idaho 

CHRISTOPHER S. BOND, Missouri 

LAMAR ALEXANDER, Tennessee 

BETTINA POIRIER, Staff Director 

RUTH VAN MARK, Minority Staff Director 
(III) 

C O N T E N T S 

Page 

JULY 22, 2009 

OPENING STATEMENTS 

Boxer, Hon. Barbara, U.S. Senator from the State of California ........................ 1 

Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma .................... 2 

Cochran, Hon. Thad, U.S. Senator from the State of Mississippi ....................... 3 

Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland, prepared 

statement .............................................................................................................. 34 

WITNESS 

Hamilton, Samuel, nominated to be Director, U.S. Fish and Wildlife Service ... 5 

Prepared statement .......................................................................................... 7 

Responses to additional questions from: 

Senator Lautenberg ................................................................................... 14 

Senator Inhofe ........................................................................................... 17 

(1) 

HEARING ON THE NOMINATION OF SAMUEL 

HAMILTON TO BE DIRECTOR OF THE 

UNITED STATES FISH AND WILDLIFE SERVICE 

WEDNESDAY, JULY 22, 2009 

U.S. SENATE, 

COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, 

Washington, DC. 

The full committee met, pursuant to notice, at 10 a.m. in room 

406, Dirksen Senate Office Building, Hon. Barbara Boxer (chairman of the full committee) presiding. 

Present: Senators Boxer, Inhofe, Cardin, Barrasso, and Alexander. 

OPENING STATEMENT OF HON. BARBARA BOXER, 

U.S. SENATOR FROM THE STATE OF CALIFORNIA 

Senator BOXER. Good morning. Today the Senate Committee on 

Environment and Public Works will consider the nomination of 

Sam Hamilton to be the Director of the U.S. Fish and Wildlife 

Service. 

We are very happy to see Senator Thad Cochran here to formally 

introduce him to the committee, and if you do not mind, Senator, 

the two of us will do brief opening statements, and then we will 

call on you. Is that all right? 

Senator COCHRAN. That is fine, Madam Chairman. Thank you. 

Senator BOXER. During his 30-year career with the Fish and 

Wildlife Service, Mr. Hamilton has held a variety of positions in 

Washington, DC, and in the field. He currently serves as Regional 

Director for the Southeast Region of the FWS, a position he has 

held since 1997. In this position, Mr. Hamilton has oversight responsibilities for endangered species conservation, national wildlife 

refuges, fisheries and migratory bird conservation across the 

Southeastern United States and the Caribbean. 

He also plays a senior role in the Everglades, a very important 

project, and of course, coastal Louisiana restoration projects which 

are so key to future flood control. 

His experience makes him especially well qualified to deal with 

the many challenges faced by the Fish and Wildlife Service today. 

The Fish and Wildlife Service is the guardian of natural treasures 

and species in every State of the Union. In my own home State of 

California, the Service has responsibility for iconic species like the 

California condor and irreplaceable wildlife refuges like the ones 

we have in San Francisco and San Diego. 
2 

The Agency scientists are also on the front lines in documenting 

and addressing the impact of global warming on species and their 

habitats. The world’s leading scientists have estimated that up to 

40 percent of the species could be at risk of extinction from unchecked global warming. 

At the same time, the Service is emerging from a very difficult 

time. In recent years, the funding levels were slashed, the refuges 

and other public lands deteriorated, and scientific integrity, in my 

view, was often overridden by expediency. 

I was so pleased to see President Obama take important steps 

to restore scientific integrity and uphold the Endangered Species 

Act. The President’s priorities were echoed by Secretary Salazar, 

who said that ‘‘His first priority in Interior is to lead the Department with openness in decisionmaking, high ethical standards and 

respect for scientific integrity.’’ 

Today, I look forward to hearing how, if confirmed, you, Mr. 

Hamilton, will fulfill these commitments at the Fish and Wildlife 

Service. Our national wildlife refuges also need immediate attention. Many are in a state of disrepair as a multi-billion dollar operation and maintenance backlog grows. 

And in recent years, funding shortfalls and policy changes have 

resulted in the elimination of many positions and limited public access to many our Nation’s refuges. I was especially pleased that the 

Fish and Wildlife Service received $300 million in the stimulus bill 

to begin to address some of these immediate needs at our refuges. 

Strong leadership is certainly needed to protect and preserve our 

Nation’s natural treasures and to ensure that the pressing problems facing the Fish and Wildlife Service are addressed. 

Your record as a committed conservationist, your many years of 

experience with the Fish and Wildlife Service will serve you well 

as you take on this challenge. 

I know you have members of your family here, and after you are 

introduced by Senator Cochran, and before you speak, we will ask 

you to introduce your family because this is a family commitment. 

And at this point, I will turn the mic over to Senator Inhofe. 

OPENING STATEMENT OF HON. JAMES M. INHOFE, 

U.S. SENATOR FROM THE STATE OF OKLAHOMA 

Senator INHOFE. Thank you, Madam Chairman. 

The Director of the Fish and Wildlife Service has a responsibility 

for overseeing a lot of programs, most notably the Endangered Species Act. To date, the Obama administration, I do not believe they 

have been transparent or science based. However, I know you well. 

You have the reputation of being very fair, and I think that we are 

going to make some progress in those areas. 

A lot of people are not aware of the close relationship between 

you and Dale Hall, your predecessor. He did a very fine job. As I 

told you in my office, one of my favorite programs, and the best 

way to handle these things, is working with landowners, working 

with our farmers and ranchers. 

We had a hearing on the partnership out in our State of Oklahoma. In fact, Dale Hall was there at that time. And we had testimony after testimony about great things that have happened in 

preservation and conservation, all done in cooperation. It is not a 
3 

matter of taking someone’s property rights away from them. It is 

a matter of working with them. 

A lot of people are surprised to find out that our stakeholders, 

our landholders, our farmers, our ranchers, certainly in Oklahoma 

and elsewhere, they want to conserve, they want to have—they 

want the same goals that you do. So, it is easier to work with them 

as opposed to working over them. 

So, I look forward to supporting your nomination and working 

with you in the same close way that we did with Dale Hall. And, 

of course, as you and I talked about in my office, you have the 

same commitment to a partnership approach to these things as he 

had, and as I have, and I think this panel has. 

We welcome you and look forward to your testimony, although I 

have to hammer cap-and-trade at a news conference at 10:30, so I 

may have to leave a little bit earlier. 

[Laugher.] 

Senator INHOFE. Thank you very much. 

[The prepared statement of Senator Inhofe follows:] 

STATEMENT OF HON. JAMES M. INHOFE, U.S. SENATOR FROM THE STATE OF OKLAHOMA

Good morning. We are here today to consider the nomination of Samuel Hamilton 

for Director of the U.S. Fish and Wildlife Service. 

The Director of the Fish and Wildlife Service is responsible for overseeing many 

programs within this committee’s jurisdiction—most notably the Endangered Species Act. 

To date, the Obama administration’s implementation of ESA has been neither 

transparent nor science-based. However, you have a reputation for being fair minded. And you have told me you believe that public-private partnerships are one of 

the best ways to effectively protect species and habitat. I ask for your assurance 

that under your leadership, we can expect improvements in transparency as well 

as in the science the Service uses to make decisions. I also hope that before taking 

any action, you will consider the economic impacts on jobs and local communities. 

Despite these ESA controversies, the Fish and Wildlife Service does a great deal 

of good. One of the programs I am particularly interested in is the Partners for Fish 

and Wildlife Program. This program conserves habitat by leveraging Federal funds 

through voluntary private landowner participation. As you know, I have concerns 

about how these designated funds have been used, and I look forward to working 

with you on this issue. 

Most importantly, I welcome you before the committee. And I look forward to 

hearing your perspectives on the issues that will be raised today. 

Senator BOXER. We are going to keep you right here. Will you 

bolt the doors? Thank you. 

[Laughter.] 

Senator BOXER. OK. It is Senator Cochran’s turn to introduce our 

special nominee. 

OPENING STATEMENT OF HON. THAD COCHRAN, 

U.S. SENATOR FROM THE STATE OF MISSISSIPPI 

Senator COCHRAN. Madam Chairman, Senator Inhofe, thank you 

very much for the opportunity to be here today to participate in 

this hearing. 

I am here to introduce my friend Sam Hamilton from Starkville, 

Mississippi, who has been nominated to serve as the Director of the 

U.S. Fish and Wildlife Service. I have known the nominee for many 

years and believe he is well qualified for this important position. 

For more than 10 years, Sam Hamilton has been the Southeast 

Regional Director of the Fish and Wildlife Service. During this 
4 

time, he has the opportunity to gain significant experience with the 

operation and maintenance responsibilities of the Fish and Wildlife 

Service. 

Specifically, he has had the opportunity to oversee the Service’s 

Everglades restoration activities, and has represented the Secretary of the Interior in coastal Louisiana restoration efforts. 

In his 30-year career, Mr. Hamilton has learned the essential 

role of individual States in conserving our Nation’s wildlife. He appreciates that these experiences will help him deal successfully in 

certain specific management challenges. 

I think Mr. Hamilton believes, as I do also, that abundant wildlife and healthy outdoor environments are very important resources 

of our Nation. We must coordinate government activities with private landowners and respect their rights to preserve, and help preserve, lands managed by the Fish and Wildlife Service for the benefit of future generations. 

I am pleased to recommend Sam Hamilton for confirmation for 

service as Director of the Fish and Wildlife Service. 

[The prepared statement of Senator Cochran follows:] 

STATEMENT OF HON. THAD COCHRAN, 

U.S. SENATOR FROM THE STATE OF MISSISSIPPI

Madam Chairman, I am pleased to introduce to the committee Mr. Sam Hamilton 

of Starkville, Mississippi, who has been nominated to serve as the Director of the 

U.S. Fish and Wildlife Service. I have known the nominee for many years and believe he is well qualified for this important position. 

For more than 10 years, Sam has been the Southeast Regional Director of the 

Fish and Wildlife Service. During this time, he has had the opportunity to gain significant experience with the operation and maintenance responsibilities of the Fish 

and Wildlife Service. Specifically, he has had the opportunity to oversee the Service’s Everglades restoration activities and has represented the Secretary of the Interior in coastal Louisiana restoration efforts. 

In his 30-year career, Mr. Hamilton has learned the essential role of individual 

States in conserving our Nation’s wildlife resources. These experiences will help him 

deal successfully in addressing site-specific management challenges. 

Mr. Hamilton believes, as do I, that abundant wildlife and healthy outdoor environments are very important resources of our Nation. We must coordinate Government activities with private landowners to preserve lands managed by the Fish and 

Wildlife Service for the benefit of future generations. 

I am pleased to recommend Sam Hamilton for confirmation for service as Director 

of the Fish and Wildlife Service. 

Senator BOXER. Senator, thank you so much. I think that both 

Senator Inhofe and I think that your introduction is a big plus for 

our nominee. We know that you have a busy day and, at whatever 

point you need to go forward, please do. Know that we appreciate 

your being here today. 

Senator COCHRAN. Thank you very much, Madam Chairman. 

Senator BOXER. Thank you, Senator. 

Well, Mr. Hamilton, this is your turn to make your presentation 

to us, and if you want to start by introducing the guests that you 

have with you today, that would be very appropriate. 

Mr. HAMILTON. Thank you, Chairman Boxer. I am pleased to 

have today, my wife, Becky, who is behind me, of 31 years, and we 

have two sons that are not here, but they are here in spirit, one 

back in Georgia and one back, I think, taking a calculus test this 

morning, I hope. 

Senator BOXER. Oh, boy. 
5 

Mr. HAMILTON. And a 5-year-old grandson that I had hoped 

would be here because he could provide a lot of entertainment. And 

my brother surprised me this morning, Steve from New York, and 

he brought two friends down from up in the Albany area. 

Senator BOXER. Welcome to everyone here. 

STATEMENT OF SAMUEL HAMILTON, NOMINATED TO BE 

DIRECTOR, U.S. FISH AND WILDLIFE SERVICE 

Mr. HAMILTON. Thank you, Chairman Boxer and Senator Inhofe. 

It is an honor to be here today as the President’s nominee to be 

Director of the U.S. Fish and Wildlife Service. 

I am a career Service employee, and I had my first job actually 

with the Service at the ripe old age of 15 years old in the Youth 

Conservation Corps at Noxubee National Wildlife Refuge near my 

hometown of Starkville, Mississippi. There I got to learn how to 

band wood ducks and Canada geese, and learned what a posthole 

digger was for the first time in my life as we built waterfowl pens. 

But I also got to learn from those employees what a deep commitment they had for the Nation’s fish and wildlife resources, and 

I think they sparked an interest in a young boy. 

Over my 30-year career, I have had the privilege of serving in 

a variety of positions in a variety of places all across the United 

States. I served almost half of my career in the field and in regional offices and here in headquarters in Washington, DC. 

I also have responsibility in the Southeast, as you know, with a 

10-State region, and I have done that for the 12 years that I have 

been Regional Director. We have the Commonwealth of Puerto Rico 

and the Virgin Islands. 

Throughout my career, I have had a number of tough challenges 

and worked on some of the biggest restoration programs in the 

country, with the Florida Everglades and coastal Louisiana. I have 

been a strong advocate for the National Wildlife Refuge System, 

and I played a role, a key role, in the Southeast with the development of the National Fish Habitat Plan that I do believe is before 

Congress. 

I take the Migratory Bird Program very seriously, and I chair the 

Lower Mississippi Valley Joint Venture in the Migratory Bird Program. I have been a big proponent of the development of conservation partnership across governments and with the private sector. 

And I have been a strong supporter of our law enforcement program, particularly ports of entry. I place the greatest amount of importance on our State wildlife relations with the resource agencies 

there. 

I am, by nature and by choice, a problem solver. Throughout my 

career, I have worked with communities to find innovative solutions to complex, and at times contentious, endangered species 

issues. I worked on the Balcones Canyonlands Conservation Plan 

in Texas with the golden-cheeked warbler and the black hat varia. 

I worked on numerous safe harbors and have overseen the program 

for red-cockaded woodpeckers across the Southeast and helped create the West India manatee forum to help resolve contentious 

issues in Florida with that important species. 
6 

These efforts helped resolve some cases that had been in conflict 

for years, that were not only detrimental to people but certainly 

stood in the way of species recovery. 

All of my experiences together over the three decades have 

helped me shape my understanding of the breadth, depth and importance of the conservation mission of the Fish and Wildlife Service. They have also helped me hone my scientific wildlife management and leadership skills. 

This is truly an exciting time for the Fish and Wildlife Service. 

The challenges to maintaining healthy ecosystems and sustainable 

populations of fish and wildlife resources have never been greater. 

Climate change is the transformational conservation challenge of 

our time, not only because of the direct effects, but also because of 

the influence that it has on the stressors that we have to deal with 

even today in our wildlife conservation. 

I have been an active member of our Executive Oversight Committee for the past few years, developing a draft strategic plan on 

how this Agency is going to move forward with climate change. 

And if confirmed as Director, I look forward to working with Congress as we begin to implement this plan. 

I am committed to the philosophy of collaborative partnerships 

for conservation as a biologist. And I am committed to the tenet 

that the Fish and Wildlife Service decisions must be grounded in 

the best available science. Our credibility internally with our employees, and externally with our peers and stakeholders, depends 

upon adherence to this tenet. 

I believe that the two, scientific integrity and partnership approach, work hand in glove to give us the best results in achieving 

our conservation goals. With that in mind, I have taken a leadership role in helping lead the Agency in a new paradigm called Strategic Habitat Conservation that will have us following science and 

that lead us, adapting our strategies as our scientific knowledge increases with research. 

In the Southeast Region, we have already taken steps along 

those lines. We have restored 80,000 acres of bottomland hardwoods, working with industry and partnerships with conservation 

organizations to restore those hardwoods in a carbon environment 

of 33 million metric tons over 75 years. 

I will close by saying that the confidence with which I accept this 

nomination lies less in my own abilities and strengths than in the 

fact that I know the group and caliber of people that I will be leading if confirmed. Our folks are an exceptional group, from the biologists to the office assistants, from wildlife managers to financial 

analysts. 

I look forward to answering any questions about my track record 

and my tenure at the Fish and Wildlife Service. 

Thank you. 

[The prepared statement of Mr. Hamilton follows:] 
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Senator BOXER. Thank you, Mr. Hamilton. 

I wanted to note that Assistant Secretary for Fish and Wildlife 

in National Parks Tom Strickland, is here. I think it is wonderful 

that you are here, Mr. Secretary, to show your support. 

I also wanted to note that Senator Inhofe does have a pressing 

commitment. So, what I am going to do is just the official questions 

for you now that I have to ask, then call on Senator Inhofe, then 

I will start the routine questioning, then I will call on Senator Alexander for his. 

So, these are required questions. 

Do you agree, if confirmed by the Senate, to appear before this 

committee, or designated members of this committee, and other appropriate committees of the Congress, and provide information subject to appropriate and necessary security protection, with respect 

to your responsibilities at the U.S. Fish and Wildlife Service? 

Mr. HAMILTON. Yes, I do. 

Senator BOXER. Second, do you agree to ensure that testimony, 

briefings, documents, electronic and other forms of communication, 

as provided to this committee and its staff, and other appropriate 

committees, in a timely manner? 

Mr. HAMILTON. Yes, I will. 

Senator BOXER. And three, do you know of any matters which 

you may or may not have disclosed that might place you in any 

conflict of interest if you are confirmed? 

Mr. HAMILTON. No, I do not. 

Senator BOXER. Excellent. Well, thank you for that. 

Senator Inhofe, the floor is yours. 

Senator INHOFE. This will be very brief. I do have a couple of 

questions that I will submit for the record, one having to do with 

some of the activists’ petitions, how you are going to be dealing 

with these that might make recommendations of listing that are 

predicated on agenda and not having to do with the legitimacy of 

this office. So, we will go ahead and submit those. 

But there is one thing that I wanted to get out because it has 

concerned me. You and I, in my office, talked about the Partnership Program and how committed I am to it and the successes of 

that program. I was somewhat responsible for and authored legislation in 2005 to specifically authorize the program an additional 

funding of up to $75 million. 

However, although the 2009 program will receive almost $53 million, I understand that some amounts of that, several million dollars, have been redirected from this program in previous years for 

costs in other areas. So what I am going to ask you to commit to 

here, and I am going to read it here so I can get it right and the 

record will reflect it, please provide a full accounting of the Partnership Program funding since October 2006 that shows what appropriations the program received as well as how the funding was 

used in each region. 

This is not the first time we have made a request for this information. Would you commit now to ensuring that I get a response 

to this request very soon, no time specific, but very soon? 

Mr. HAMILTON. Thank you, Senator. I did enjoy our visit the 

other day and the chance to visit on a Partners for Fish and Wildlife Program. 
29 

As I mentioned to you, I think that is a flagship program of this 

Agency. It is a wonderful program where we work with private 

landowners. We have gotten so much on the ground and the partnerships that we have had, and the matching moneys, and the land 

owner relationships that have been built there, so, to answer your 

question, if I am confirmed, definitely, I will make it a top priority 

of mine. It is that important a program. 

Senator INHOFE. No, I am talking about committing that we get 

a response as to the funding that I just mentioned. That is the 

commitment that I am asking for. 

Mr. HAMILTON. And my understanding is that response is forthcoming very shortly. So, I will—— 

Senator INHOFE. So you commit to that? 

Mr. HAMILTON. Yes, I will commit to that. Yes, sir. 

Senator INHOFE. Thank you very much, Madam Chairman. And 

if you will excuse me, I do have to run here. 

Senator BOXER. Thank you, Senator Inhofe. 

Mr. Hamilton, the American Recovery and Reinvestment Act, the 

Stimulus Bill, provided nearly $300 million to Fish and Wildlife for 

a variety of activities including deferred maintenance, which we 

discussed in my opening statement, habitat restoration and energy 

efficiency upgrades. I understand that the service has made significant progress in implementing projects with these funds. 

Now, yesterday we heard this program blasted by one of my colleagues here, and I wanted to first ask if you have looked at the 

status of the distribution of these funds. If you could tell me today, 

in rough terms, how many of these funds have been committed, 

and if not, will you please let us know within 30 days the status 

because it is important that we get these funds out there? 

Mr. HAMILTON. Thank you, Senator. I do not have specific information right now at my fingertips on the breadth of the program 

in terms of how much we have expended, but we will get that information back to you. 

Senator BOXER. Please. Within 30 days—— 

Mr. HAMILTON. Within 30 days. 

Senator BOXER [continuing]. Of your confirmation. 

Mr. HAMILTON. We will do that. 

Senator BOXER. All right. That is very good. And I hope that you 

will also commit to me that you will ensure that those funds are 

properly—those projects are properly vetted, but as quickly as possible. Will you make that commitment? 

Mr. HAMILTON. I will make that commitment. We are doing that 

today, in the Southeast. 

Senator BOXER. Thank you. 

Mr. Hamilton, stagnant budgets for maintenance of the National 

Wildlife Refuge System and rising costs have resulted in a multibillion dollar maintenance backlog, a loss of staff, limited public access, and threatened wildlife. 

Recently funding in the stimulus will address critical near-term 

needs, but a long-term and sustainable solution is critical. Do you 

believe funding and maintenance of our refuges is an important 

issue, and if confirmed, what steps will you take to address the 

state of our wildlife refuges? 
30 

Mr. HAMILTON. Well, Senator, thank you for the question. The 

National Wildlife Refuge System is near and dear to my heart from 

the day that I started to work here, and I have been a big advocate 

for it. 

It is severely under-funded in terms of the maintenance backlog 

as well as operational funding. We have very many refuges with 

very few staff and some that are not even staffed. So, we have 

taken dramatic steps to [unintelligible] it. 

I have, the whole time that I have been a director, I have been 

an advocate and will push for as much funding to support that program. And I think that the last thing is, we have made great 

strides with friends groups and volunteer programs and the support there has been unbelievable. So, it will be a priority of mine. 

Senator BOXER. OK. Do you commit, if confirmed, to provide the 

committee with an update on the status of our refuges within 60 

days of your confirmation? 

Mr. HAMILTON. Yes, I will commit to doing that within 60 days. 

Senator BOXER. OK. 

Mr. Hamilton, what role do you believe science should play in the 

implementation of the Endangered Species Act? 

Mr. HAMILTON. Science is the foundation of the Endangered Species Act, as well as the foundation of our whole Agency. And so, if 

the science is not sound, then the whole foundation is not very 

good. 

Senator BOXER. OK. And now I have one, sort of, a criticism of 

your record has been put forward, one group only, the Public Employees for Environmental Responsibility. You otherwise have a 

very strong support. They raise concerns about your track record 

on implementing the Endangered Species Act and making decisions 

based on science. 

In light of the fact that you did say that science was the centerpiece, I wonder if you could clear the air on that and respond to 

their charges. 

Mr. HAMILTON. I would be happy to do that. I was a little surprised to see that letter, and there were several points that they 

raised that I would like to clarify. 

Senator BOXER. Please. 

Mr. HAMILTON. Principally, about 6 years ago, I think the principal issue had to do with our Florida Panther Conservation Program in South Florida. We are very proud of the work that we 

have done there. When I got to Atlanta in 1995, we estimated that 

we had 25 panthers left in the wild, a very endangered cat. Today, 

we have well over 100, so we are on the road to recovery. But we 

have a long way to go. 

We did not, over the years, we have had to adapt because of new 

information, and it is continuously coming in as to how we conserve 

panthers. There were two instances, one where we were relying on 

telemetry information from a world renowned scientist that did not 

accurately reflect all of the habitat the panther needed. And the 

other had to do, we transposed two numbers, our field biologists 

did as they were doing some calculations. We had an independent 

group look at it in 2005, and we made those adjustments. 

We have an incredible program down in South Florida, working 

with the State. We have got a 2.5-million-acre target for conserva-
31 

tional lands, and we are working with many of the big environmental groups to help restore that panther, Defenders, Audubon 

and the Wildlife Federation. 

So, we place the highest regard on our science, and our field station at Vero Beach does an incredible job facing some tough challenges with the development pressures in South Florida. But we 

are proud of the record, and it is very transparent. 

Senator BOXER. And you clearly stand on the side of science, and 

that is very important, and I am very glad that you explained that. 

I think next would be Senator Alexander. 

Senator ALEXANDER. I am simply here to say, Mr. Hamilton, that 

I am delighted with your appointment and look forward to working 

with you. I remember one time meeting an old man in the Great 

Smoky Mountains when I was Governor, and he said to me, I ain’t 

heared nothin’ bad on ya yet. 

[Laughter.] 

Senator ALEXANDER. So, I would say that to you. I have had calls 

from the Tennessee people that you have worked with you, and 

they think you are a good professional and that you know the region and that you know the subject. And I look forward to working 

with you on the Appropriations Committee. This is an area of great 

interest to me in our State. 

As you know, we have a lot of wildlife refuges, especially in the 

western part of the State, in the drainage area over there, Reelfoot 

Lake. And you know Gary Myers very well, who had been head of 

our Wildlife Resources Agency for about 100 years until he retired 

a year ago. 

We have great respect for work that Gary and the TWRA do. I 

think we have more people who hunt and fish than vote, so we care 

about our outdoors, and the condition of it, and our wildlife. I hope 

that you will call on me and keep in touch with me as you go 

through your work. 

I have just one question. It is really a matter of curiosity. Do you 

know whether any of the panthers have made it to the Great 

Smoky Mountain National Park or not? 

Mr. HAMILTON. Not that I know of. We get reports all over the 

South about panthers. But, occasionally we have an escape of 

someone’s captive cat, I think—— 

Senator ALEXANDER. You think that might be more likely? 

Mr. HAMILTON. Either that or a bobcat. A lot of time people see 

bobcats and they think—— 

Senator ALEXANDER. Are there a lot of bobcats in the Southeast? 

Mr. HAMILTON. There are plenty of bobcats. 

Senator ALEXANDER. So that is not unusual? 

Mr. HAMILTON. No, sir. 

Senator ALEXANDER. We have markings on trees sometimes that 

we see that suggest cats. Not many, but occasionally, so I was just 

curious about it. How many Florida panthers are there? 

Mr. HAMILTON. Right now, our best estimate is a little over 100. 

They are restricted to South Florida in the Naples-Fort Myers area, 

that far south. 

Senator ALEXANDER. Restricted by what? 

Mr. HAMILTON. Well, historically they were found in Tennessee 

and they were found throughout the Southeast region. But over 
32 

time, we pretty well eliminated them. The habitats there, it is 

just—— 

Senator ALEXANDER. People kill them? 

Mr. HAMILTON. Yes, people kill them. 

Senator ALEXANDER. So, you have got enough? You think 2.5 million acres is enough to support how big a population of panthers? 

Mr. HAMILTON. Well, we think that we are approaching the limit 

for what we have there. The key in South Florida is to be able to 

work with private landowners, and there is a zone there that we 

need to get them through on the Caloosahatchee River and the big 

ranchland up North. So, we have been working with private landowners. 

But the recovery plan talks about two other populations, and 

that would involve a reintroduction. So, I have had good discussions with State Directors—— 

Senator ALEXANDER. What do you mean by a reintroduction? 

Mr. HAMILTON. Actually reintroducing panthers in other parts of 

the Southeast. But we have had a lot of discussions with State Directors, and we have a ways to go in terms of—— 

Senator ALEXANDER. How much territory does that take, do you 

think? 

Mr. HAMILTON. It would take probably take several million acres. 

Now, we—— 

Senator ALEXANDER. If we are going to reintroduce it in a new 

area, it would take several million acres? 

Mr. HAMILTON. Correct, to have a sustainable population. 

Senator ALEXANDER. Yes. We tried wolves in the Great Smokies, 

which is half a million, and it was not big enough. That was the 

problem, I think. 

Mr. HAMILTON. We did bring the red wolves in, but they did not 

make it. 

Senator ALEXANDER. No, they did not. But the elk are doing, are 

you involved with the elk at all? 

Mr. HAMILTON. Not really. The State of Tennessee and the State 

of Kentucky have big elk programs. 

Senator ALEXANDER. But that it not a part of your jurisdiction? 

Mr. HAMILTON. No, sir. 

Senator ALEXANDER. Are there any elk in those wildlife refuges 

in West Tennessee that you know of? 

Mr. HAMILTON. No, the West Tennessee refuge is primarily a waterfowl refuge. So the elk are found, it is my understanding, in the 

Eastern part of the State and in Kentucky also. 

Senator ALEXANDER. Why would elk not be a concern of yours? 

Any particular reason? Any jurisdictional reason? 

Mr. HAMILTON. It is a jurisdictional issue. It is a State resident 

species, and we work very closely with them. So, they take the lead 

on those. We have migratory species that cross State lines, endangered species, those kinds of things. 

Senator ALEXANDER. OK. I think you have got a good job. 

[Laughter.] 

Mr. HAMILTON. Yes, it has been a great career. 

Senator HAMILTON. Yes, I think so. So, welcome aboard, and I 

hope you are confirmed, and I look forward to working with you. 

Thank you, Madam Chairman. 
33 

Senator BOXER. Thank you very much, Senator. 

Senator Cardin. 

Senator CARDIN. Well, thank you very much, Madam Chairman. 

Senator Alexander, you have shown in your questions that it 

seems like it may be a good job for you. I do not know. 

[Laugher.] 

Senator ALEXANDER. Well, all of us need a backup in our current 

work. 

[Laughter.] 

Senator CARDIN. I understand that. 

Mr. Hamilton, I share Senator Alexander’s comments. We look 

forward to your confirmation. We look forward to working with you. 

Madam Chairman, I am going to ask that my opening statement 

be included in the record. It points out the obvious: that the health 

of fish and wildlife in our environment very much affects our 

health, and if the fish and wildlife are doing well, we have a much 

better chance of doing well. 

It also points out the economic impact of fish and wildlife to our 

economy, a multi-billion dollar industry for fisherman and hunters 

and birdwatchers, and it is an area that we need to pay attention 

to. 

I thank Chairman Boxer for allowing me to Chair the Water and 

Wildlife Subcommittee. And I look forward to working with you. 

I want to follow up on one point that Senator Boxer raised, and 

Senator Alexander, on our wildlife refuges. Just one point of information. Senator Nelson testified before our subcommittee, and he 

talked about the Burmese python. And I believe he said that a panther was actually found inside of a Burmese python. So, you have 

a real challenge in our wildlife refuges in dealing with invasive 

species. 

This brings me to the nutria at Blackwater on the Eastern Shore 

of Maryland. We are very proud of the work that we have done at 

Blackwater in trying to restore lost wetlands. But we are losing a 

lot of wetlands, I think 5,000 acres we lost, as a result of the nutria, which is an invasive species. 

You mentioned, in response to Senator Boxer, the resources are 

not what we need, generally, in dealing with these issues. I can tell 

you that the local governments do not have enough resources to 

deal with this issue, and we need to have a more effective strategy 

if we are going to be able to deal with the challenges that invasive 

species are providing us in our national refuges. 

I just ask for your help and commitment to develop a workable 

strategy, working with our local governments, to be able to improve 

wildlife habitats, including dealing with invasive species. 

Mr. HAMILTON. Thank you, Senator. Invasive species are a huge 

threat, not only to refuges, but probably one of the biggest threats 

we have to wildlife in the United States and North America. 

I have a lot of familiarity with nutria, as you can imagine, working with the State of Louisiana. I represent the Secretary of the Interior on the Breaux Act, the CWPPRA Program, and we actually 

have a program there we fund under the Louisiana program to control nutria. 

I have seen first hand the effect it can have on marshes, certainly in coastal Louisiana, and I was surprised, many years ago, 
34 

when I heard they were in Maryland and up the East Coast. They 

can wreak havoc. So, we do need to stay on top of that. 

Senator CARDIN. I thank you. They have wreaked havoc. We 

have lost thousands of acres of wetlands as a result of it. I have 

taken a tour through Blackwater and seen first hand the damage 

that they have caused. And they have had an effective program in 

eradicating them, but it is a continuing effort. It is more management right now than eradication. It is still a real challenge. 

I also want to underscore the point that Senator Boxer made on 

the Endangered Species Act and being guided by good science. I 

would be interested as to your ideas as to whether we need to visit 

the Endangered Species Act, whether there is a new strategy in regards to it, and how we can try to keep politics to a minimum and 

be guided by proper science. 

Mr. HAMILTON. Well, thank you for that question. It has been a 

challenging career working on the Endangered Species Act. No 

doubt. We have had some challenging moments with people, shall 

I say, influencing the science inappropriately over the past few 

years. 

We have to ground what we do in good science. We have to restore the integrity of the Agency, not only internally, but with our 

stakeholders. That is going to be a very, very high priority of mine 

if I am confirmed. 

Having worked with the Endangered Species Program for probably 25 of my 30 years, I have seen some very good, innovative 

parts of the program develop, habitat conservation plans, safe harbors, Canada conservation agreements, where we have worked very 

creatively with private landowners. 

Having said that, I have seen many of the programs get mired 

in almost a quagmire of red tape. So, I think internally we already 

are taking a hard look at what we can do to streamline certain 

parts of it, to look at policies and regulations that are now in place 

that may need to be improved. It is, I think, going to be right at 

the top of things that I would deal with, as long as I know that 

this Administration wants to make sure it is handled properly. 

Senator CARDIN. Well, I thank you for that. I look forward to 

working with you. 

Thank you, Madam Chair. 

[The prepared statement of Senator Cardin follows:] 

STATEMENT OF HON. BENJAMIN L. CARDIN, 

U.S. SENATOR FROM THE STATE OF MARYLAND

Chairman Boxer, thank you for holding this hearing, and Mr. Hamilton, welcome 

to the committee. I look forward to hearing your testimony and answers to our questions. 

Fish and wildlife are important natural resources just like clean air and clean 

water. The health of fish and wildlife populations is an important indicator for environmental health and quality because when wildlife populations thrive, human populations thrive as well. 

America’s unique and diverse wildlife is emblematic of our culture and land ethic. 

The work of the United States Fish and Wildlife Service to protect and manage our 

wildlife resources is important to ensuring the long-term health of wildlife resources 

because so much of our domestic land and water use decisions impact wildlife species. 

Fish and wildlife are integral to the U.S. economy. They are at the heart of the 

multi-billion dollar outdoor recreation industry, which includes angling, bird watching, and hunting and is the reason thousands of people hike and camp in America’s 
35 

outdoors. In Maryland, protection of fish and wildlife resources is vitally important 

to the Chesapeake Bay economy and numerous industries, including commercial 

fisherman, shipping and the hospitality industry. 

Protecting wildlife resources is no simple task. Earlier this month Senator 

Whitehouse and I co-chaired a hearing on the threats invasive species and disease 

pose to wildlife. These are very difficult issues to manage and require close and 

careful coordination with State authorities. 

White-nose syndrome is killing hundreds of thousands of bats in the Northeast. 

Chronic wasting disease continues to spread among deer and elk populations. Burmese pythons are becoming the top predator in southern Florida, and in my State 

snakehead fish are wreaking havoc on native fish populations, and nutria continue 

to destroy coastal wetlands. 

Addressing these and other threats to wildlife while also managing species to 

avoid human conflicts requires careful coordination with State authorities and 

sound science. As was evident in our hearing, States are strapped for resources and 

often don’t have the capacity to address emerging threats before they are beyond 

control. 

President Obama has stated that science will guide his administration’s decisionmaking. Species management and habitat conservation require careful scientific application. The last administration, which you worked under, did not always use 

science to guide its wildlife management policies. I am curious to know how your 

tenure under the former administration will influence your decisionmaking and 

what you would change in terms of process around USFWS. 

I look forward to hearing about your experience and your ideas for helping States 

manage the enormous task of preserving and protecting wildlife species and helping 

strike the necessary balance between human activity and wildlife conservation. 

Thank you. 

Senator BOXER. Thank you. 

Senator Barrasso. 

Senator BARRASSO. Thank you very much, Madam Chairman. 

Mr. Hamilton, congratulations. And congratulations to those who 

are with you today. I appreciated you taking the time to come to 

visit with me yesterday and answer quite a few questions. 

You know, Wyoming has a long history with the Department of 

the Interior and certainly with the U.S. Fish and Wildlife Service. 

As we discussed, in the 1990s under President Clinton the relationship soured. There was mistrust of the Agency by the people in my 

State, and it has continued. 

Under President Clinton and Interior Secretary Babbitt, wolves 

were reintroduced into Yellowstone and into Wyoming. The decision was made without regard to many of the people who live 

there. When they started, they required there be 30 packs of 

wolves in Yellowstone. Now, there are over 1,000, and they are in 

Wyoming, Idaho, Montana, some in Colorado, Oregon, Washington 

State, and, at this point, Fish and Wildlife Services refuses to delist the wolf in Wyoming. 

There is an article that appeared in the Los Angeles Times this 

past January that quoted Ed Bangs, who at the time was Federal 

gray wolf recovery coordinator for the U.S. Fish and Wildlife Service. He said, the bottom line is wolves are fully recovered, and they 

should be de-listed, and that it is the right time and the right thing 

to do. 

Yet, the wolf has still not been de-listed in Wyoming. The Clinton 

administration created the problem, but the Bush administration 

failed to solve it. And so far, the Obama administration has not 

dealt with it. It is time for that course to change, and it is time 

to restore the trust between the people of my State and the U.S. 

Fish and Wildlife Service. 
36 

I hope we can count on you and this Administration to work with 

Wyoming to see the wolves de-listed. I was very encouraged by 

your answers to Senator Cardin, to his questions specifically related to the Endangered Species Act. 

The gray wolf, really, is just symptomatic of a larger problem, 

which is how the Endangered Species Act is functioning. I think 

the law needs to be fixed to make it work in the way it was intended. You visited a little bit about what the intent of the law 

was. If the so-called proponents of the Endangered Species Act 

were really for species recovery, then they would be joining me and 

others in the West who find the law to be anything but really a 

species recovery tool. 

In my home State of Wyoming, we see the realities of how the 

Endangered Species Act is used every day. We are told it is supposed to recover species and then take the species that has been 

recovered off the list. If the number and the population decline, 

then put them back on the list. That did not happen in the case 

of the gray wolf. 

The Endangered Species Act is not doing what it was intended 

to do. It is becoming now a tool of first resort of those who want 

to control American’s every move. Often these supporters of the Act 

celebrate adding new species to the list, instead of celebrating 

when we have gotten recovery of a species and gotten the species 

off the list. 

Often these supporters celebrate tying up energy projects in the 

courts and celebrate trying to use the Endangered Species Act as 

a climate change tool. These are the same projects, though, that 

are needed to help us wean off of foreign energy sources and to 

help keep energy prices low across America. 

So, I think we need a fundamental shift in how we think about 

the Endangered Species Act. We need to move away from a mentality that the Endangered Species Act is just a tool to be used by 

people with an agenda that has nothing to do with the actual species involved. 

We need to look at States as partners in species recovery and not 

be afraid to pass the baton to the people on the ground who know 

the species best. We need to move away from a mentality that listing a species is the goal and toward the mentality that puts emphasis on recovery. We need to move away from the mentality that 

blocking needed projects that provide for our communities is somehow a victory by using the Endangered Species Act just as a tool. 

So, I believe we should focus on recovery of the species that are 

on the list. The emphasis must be on recovery, and then get the 

species off the list. 

I look forward to working with you if you are confirmed and that 

you would follow those principles. 

In terms of the wolf, at this point I would ask, does the Administration believe that States like Wyoming can live up to our commitments to protect the wolf under agreement upon management 

plans and recovery goals and get the wolf off the Endangered Species list for Wyoming? 

Mr. HAMILTON. Thank you, Senator. We have had a lot of success, as I mentioned yesterday in our visit, that I have more experience with the red wolf in North Carolina and the relationships that 
37 

we have got with the landowners there and the good work that we 

have done. 

But I am aware of the gray wolf issues, and very much my commitment, if confirmed, would be to very closely work with the State 

of Wyoming. 

One of the things that we have done in the Southeast is had just 

a tremendous relationship with the State wildlife agencies. And 

you are right. We are having huge success with the wolf program. 

The key will be, in Wyoming, to get a good regulatory program. 

A monitoring program is key to being able to legally de-list the species. So, working with the State of Wyoming, I believe we can get 

there. Because we certainly are having success on the ground with 

wolves. 

Senator BARRASSO. Thank you very much. Congratulations. 

Madam Chairman, I have a couple of other questions that I will 

submit for the record with your permission. 

Senator BOXER. Absolutely, you can do that. And we hope that 

you can get those back as soon as possible so we can move on your 

vote. You have such strong support in the committee. 

I just want to make sure. I am going to reiterate. On the Endangered Species Act, it is very clear that we protect a species but 

when it is no longer in trouble, we de-list it. Is that not correct? 

Mr. HAMILTON. Absolutely. 

Senator BOXER. And is it not the most important thing that we 

use science and not politics to guide us? 

Mr. HAMILTON. That is correct. 

Senator BOXER. Yes. I mean, that is the key. You know, I am not 

a scientist, and I do not know that any member here is a scientist, 

especially when it comes to this particular area, so I hope that you 

will rely on the science and not the politics and not my calling you 

into my office or any other committee member doing so. 

I think you have said that clearly, that science will be your 

guide. That is all that matters with me. If I do not agree with the 

outcome, if I am disappointed, I have my fight with the scientists, 

not you. Because you would just be doing your job. Am I right on 

that? That is the way you approach it? 

Mr. HAMILTON. Yes, you are. 

Senator BOXER. Mr. Hamilton, speaking of scientists, scientists 

have shown that global warming will have significant impacts on 

wildlife and their habitats, threatening many with extinction. The 

U.S. Government’s Global Change Research Program recently released a report that projects impacts of global warming on ecosystems here in the United States. 

Your written testimony for this hearing describes climate change 

as the transformational challenge of our time, which I am very appreciative of. 

Given the projected impacts and your own assessment of the 

challenge that climate change presents, how will you approach this 

issue with the Fish and Wildlife Service? I am assuming it is going 

to be science leading you and then working with other agencies. Is 

that what your plan would be? 

Mr. HAMILTON. That is our plan. Senator, we have been working 

for a couple of years on a strategic plan that we hope to get put 
38 

out for comments in the coming months, a very comprehensive approach. 

The way we see it, we think the Fish and Wildlife Service has 

a leadership role in wildlife adaptation. Species are going to need 

to be able to adapt in a climate changed environment. They are 

going to need to be able to move from place to place, across political 

lines and State lines. We believe that the Service is in a good position to help try to lead those efforts. 

We have huge issues, whether it is invasive exotics or sea level 

rise. One hundred sixty-six of our refuges are on the coast. So, we 

have a huge interest along the coasts of America. So, how we continue to purchase land, conservation lands, where they are strategically put together, is very, very important. 

So, we have a lot of great people working on that within the 

Agency, as well as the work we are doing with the USGS in a partnership way, and we are closely working with the States, the Association of Fish and Wildlife Agencies, the State agencies, to work 

a climate strategy for wildlife all across the United States. It is an 

extremely high priority of ours. 

Senator BOXER. Well, that is excellent. 

I think the fact that we do not have more people here torturing 

you with a lot of questions says that you really do have broad support in this committee. That is really a testament to your career. 

We are very pleased that you have been nominated. I certainly, as 

the Chair, and I believe I speak for Senator Inhofe, we are going 

to do everything we can to move you through. 

Congratulations to you on this nomination, congratulations to 

your family and friends that here with you today, and your boss 

is here. What more could you want than a smooth hearing? 

We will stand adjourned and move you as quickly as we can. 

[Whereupon, at 10:45 a.m., the full committee was adjourned.] 

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