I 

109TH CONGRESS 

2D SESSION H. R. 5089 

To enable the Great Lakes Fishery Commission to investigate effects of 

migratory birds on sustained productivity of stocks of fish of common 

concern in the Great Lakes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2006 

Mr. STUPAK introduced the following bill; which was referred to the 

Committee on Resources 

A BILL 

To enable the Great Lakes Fishery Commission to investigate effects of migratory birds on sustained productivity 

of stocks of fish of common concern in the Great Lakes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Great Lakes Migratory 

5 Bird Research and Management Act’’. 


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1 SEC. 2. AUTHORITY OF GREAT LAKES FISHERY COMMIS2 SION TO INVESTIGATE IMPACTS OF MIGRA3 TORY BIRDS ON SUSTAINED PRODUCTIVITY 

4 OF STOCKS OF FISH OF COMMON CONCERN 

5 IN THE GREAT LAKES. 

6 (a) AUTHORITY UNDER GREAT LAKES FISHERY ACT

7 OF 1956.—The Great Lakes Fishery Act of 1956 (16 

8 U.S.C. 931 et seq.) is amended by inserting after section 

9 4 the following: 

10 ‘‘SEC. 5. AUTHORITY OF COMMISSION TO INVESTIGATE MI11 GRATORY BIRDS AND FACILITATE MANAGE12 MENT PROGRAMS. 

13 ‘‘(a) IN GENERAL.—The Commission may carry out 

14 activities relating to investigation of migratory bird depre15 dation on commercial fisheries and sport fisheries in the 

16 Great Lakes, including— 

17 ‘‘(1) development of a coordinated program of 

18 research on the impact of migratory birds on fishery 

19 stocks in the Great Lakes; 

20 ‘‘(2) recommendation of measures to permit 

21 maximum sustained productivity of those fishery 

22 stocks; 

23 ‘‘(3) development of control and management 

24 protocols to be applied by cooperating State, Provin25 cial, tribal, First Nation, and United States and CaVerDate Aug 31 2005 00:49 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5089.IH H5089

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1 nadian Federal agencies with migratory bird man2 agement authority; 

3 ‘‘(4) incorporation of control and management 

4 protocols into a common Memorandum of Under5 standing regarding the requirements for determina6 tion of necessity to control a migratory bird popu7 lation, documentation of measures taken to preclude 

8 non-target species mortality, requirements for as9 sessment of control effectiveness, and documentation 

10 of control results; and 

11 ‘‘(5) ratification of the Memorandum of Under12 standing with cooperating State, Provincial, tribal, 

13 First Nation, and United States and Canadian Fed14 eral agencies with migratory bird management au15 thority, including the issuance of permits under au16 thority delegated to the Commission under sub17 section (c) of section 3 of the Migratory Bird Treaty 

18 Act (16 U.S.C. 704). 

19 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Commission 

21 $3,500,000 for activities of the Commission under this 

22 section. Further, there are authorized to be annually ap23 propriated to the Commission $2,000,000 for migratory 

24 bird management activities to be conducted by State, Pro25 vincial, tribal, First Nation, and United States and CanaVerDate Aug 31 2005 00:49 Apr 07, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5089.IH H5089

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1 dian Federal agencies with migratory bird management 

2 authority and signatory to the Memorandum of Under3 standing.’’. 

4 (b) AUTHORITY UNDER MIGRATORY BIRD TREATY

5 ACT.—Section 3 of the Migratory Bird Treaty Act (16 

6 U.S.C. 704) is amended by adding at the end the fol7 lowing: 

8 ‘‘(c) ISSUANCE OF PERMITS.— 

9 ‘‘(1) IN GENERAL.—Upon request by the Great 

10 Lakes Fishery Commission, the Secretary shall issue 

11 permits to cooperating State, Provincial, Tribal, 

12 First Nation, and United States and Canadian Fed13 eral agencies with migratory bird management au14 thority, and signatory to a Memorandum of Under15 standing with the Great Lakes Fishery Commission, 

16 to manage and take migratory birds, for the purpose 

17 of control of depredation by migratory birds on com18 mercial fisheries and sport fisheries in the Great 

19 Lakes. 

20 ‘‘(2) COMMISSION DEFINED.—In this section, 

21 the term ‘Great Lakes Fishery Commission’ means 

22 the commission provided for by article II of the Con23 vention on Great Lakes Fisheries between the 


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1 United States of America and Canada, signed Sep2 tember 10, 1954.’’. 

Æ 


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