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 inves-
tigate effects of migratory birds on sustained productivity 
of stocks of fish of common concern in the Great Lakes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Great Lakes Migratory 
Bird Research and Management Act’’. 
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SEC. 2. AUTHORITY OF GREAT LAKES FISHERY COMMIS-
SION TO INVESTIGATE IMPACTS OF MIGRA-
TORY BIRDS ON SUSTAINED PRODUCTIVITY 
OF STOCKS OF FISH OF COMMON CONCERN 
IN THE GREAT LAKES. 
(a) AUTHORITY UNDER GREAT LAKES FISHERY ACT 
OF 1956.—The Great Lakes Fishery Act of 1956 (16 
U.S.C. 931 et seq.) is amended by inserting after section 
4 the following: 
‘‘SEC. 5. AUTHORITY OF COMMISSION TO INVESTIGATE MI-
GRATORY BIRDS AND FACILITATE MANAGE-
MENT PROGRAMS. 
‘‘(a) IN GENERAL.—The Commission may carry out 
activities relating to investigation of migratory bird depre-
dation on commercial fisheries and sport fisheries in the 
Great Lakes, including— 
‘‘(1) development of a coordinated program of 
research on the impact of migratory birds on fishery 
stocks in the Great Lakes; 
‘‘(2) recommendation of measures to permit 
maximum sustained productivity of those fishery 
stocks; 
‘‘(3) development of control and management 
protocols to be applied by cooperating State, Provin-
cial, tribal, First Nation, and United States and Ca-
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nadian Federal agencies with migratory bird man-
agement authority; 
‘‘(4) incorporation of control and management 
protocols into a common Memorandum of Under-
standing regarding the requirements for determina-
tion of necessity to control a migratory bird popu-
lation, documentation of measures taken to preclude 
non-target species mortality, requirements for as-
sessment of control effectiveness, and documentation 
of control results; and 
‘‘(5) ratification of the Memorandum of Under-
standing with cooperating State, Provincial, tribal, 
First Nation, and United States and Canadian Fed-
eral agencies with migratory bird management au-
thority, including the issuance of permits under au-
thority delegated to the Commission under sub-
section (c) of section 3 of the Migratory Bird Treaty 
Act (16 U.S.C. 704). 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commission 
$3,500,000 for activities of the Commission under this 
section. Further, there are authorized to be annually ap-
propriated to the Commission $2,000,000 for migratory 
bird management activities to be conducted by State, Pro-
vincial, tribal, First Nation, and United States and Cana-
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dian Federal agencies with migratory bird management 
authority and signatory to the Memorandum of Under-
standing.’’. 
(b) AUTHORITY UNDER MIGRATORY BIRD TREATY 
ACT.—Section 3 of the Migratory Bird Treaty Act (16 
U.S.C. 704) is amended by adding at the end the fol-
lowing: 
‘‘(c) ISSUANCE OF PERMITS.— 
‘‘(1) IN GENERAL.—Upon request by the Great 
Lakes Fishery Commission, the Secretary shall issue 
permits to cooperating State, Provincial, Tribal, 
First Nation, and United States and Canadian Fed-
eral agencies with migratory bird management au-
thority, and signatory to a Memorandum of Under-
standing with the Great Lakes Fishery Commission, 
to manage and take migratory birds, for the purpose 
of control of depredation by migratory birds on com-
mercial fisheries and sport fisheries in the Great 
Lakes. 
‘‘(2) COMMISSION
DEFINED.—In this section, 
the term ‘Great Lakes Fishery Commission’ means 
the commission provided for by article II of the Con-
vention on Great Lakes Fisheries between the 
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United States of America and Canada, signed Sep-
tember 10, 1954.’’. 
Æ 
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