I 
113TH CONGRESS 
1ST SESSION H. R. 1788 
To amend the Migratory Bird Treaty Act to delegate to States the authorities 
of the Secretary of the Interior under that Act with respect to cor-
morants, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2013 
Mrs. BACHMANN (for herself, Mr. PETERSON, Mr. KLINE, Mr. JONES, Mr. 
BACHUS, Mr. LATTA, Mr. HUIZENGA of Michigan, Mr. COLE, and Mr. 
DUNCAN of South Carolina) introduced the following bill; which was re-
ferred to the Committee on Natural Resources 
A BILL 
To amend the Migratory Bird Treaty Act to delegate to 
States the authorities of the Secretary of the Interior 
under that Act with respect to cormorants, and for other 
purposes. 
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 ‘‘Cormorant Manage-
ment and Natural Resources Protection Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) The current permitting system is not suffi-
cient to achieve a streamlined control of excessive 
cormorant populations. 
(2) Excessive cormorant populations cause 
damage to ecosystems. 
(3) Excessive cormorant populations pose public 
health and safety concerns. 
(4) Excessive cormorant populations pose an 
unsightly, loud, and olfactory nuisance. 
(5) Excessive cormorant populations can have a 
detrimental effect on fish populations. 
(6) Excessive cormorant populations displace 
native species from their habitats. 
(7) Cormorant excrement in colonies often kills 
vegetation. 
SEC. 3. DELEGATION TO STATES OF AUTHORITY UNDER MI-
GRATORY BIRD TREATY ACT WITH RESPECT 
TO CORMORANTS. 
(a) DELEGATION OF AUTHORITY.—Section 7 of the 
Migratory Bird Treaty Act (16 U.S.C. 708) is amended— 
(1) by inserting ‘‘(a) PRESERVATION OF STATE 
AUTHORITY.—’’ before the first sentence; and 
(2) by adding at the end the following: 
‘‘(b) DELEGATION TO STATES OF AUTHORITY WITH 
RESPECT TO CORMORANTS.— 
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‘‘(1) IN GENERAL.—The authority of the Sec-
retary under this Act with respect to cormorants in 
a State is hereby delegated to the governor of the 
State effective on the date on which the Secretary 
approves a management plan for cormorants in the 
State that is submitted by the governor. 
‘‘(2) APPROVAL OR DISAPPROVAL OF MANAGE-
MENT PLAN.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
approve or disapprove a management plan sub-
mitted under this subsection by not later than 
the end of the 60-day period beginning on the 
date the plan is submitted. 
‘‘(B) REQUIREMENT
TO
APPROVE.—The 
Secretary shall approve a management plan 
submitted under this subsection if the plan is in 
accordance with United States obligations 
under treaties and Federal law. 
‘‘(C) DISAPPROVAL OF PLAN.—If the Sec-
retary disapproves a management plan under 
this subsection the Secretary shall provide to 
the governor who submitted the plan the rea-
sons for the disapproval and an opportunity to 
revise and resubmit the plan. 
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‘‘(D) PLAN DEEMED APPROVED.—Except 
as provided in subparagraph (E), if the Sec-
retary does not approve or disapprove a man-
agement plan before the end of the period re-
ferred to in paragraph (1) the Secretary is 
deemed to have approved the plan. 
‘‘(E) LIMITATION ON APPROVAL.—A man-
agement plan shall not be approved under this 
paragraph if the plan is found to be in violation 
of United States obligations under treaties and 
Federal law. 
‘‘(F) REVIEW OF APPROVED PLANS.—The 
Secretary— 
‘‘(i) shall review every 5 years each 
management plan approved for a State 
under this subsection and the State gov-
ernor’s exercise of authority delegated 
under this subsection; and 
‘‘(ii) may revoke such approval and 
delegation if, based on such review, the 
Secretary determines that the plan or the 
governor’s exercise of authority delegated 
under this subsection is not in accordance 
with this Act or any treaty implemented by 
this Act. 
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‘‘(3) RELATIONSHIP BETWEEN APPROVED PLAN 
AND
REGULATIONS.—A management plan that is 
approved for a State under this subsection shall 
apply in that State with respect to management of 
cormorants, in lieu of regulations issued under this 
Act. 
‘‘(4) COMPLIANCE WITH TREATIES AND FED-
ERAL LAW.—In exercising authority delegated under 
this subsection the governor of a State shall comply 
with this Act and all treaties implemented by this 
Act. 
‘‘(5) RELATIONSHIP TO OTHER AUTHORITY.— 
Nothing in this subsection limits the authority of the 
Secretary or any Federal agency to exercise author-
ity under any Federal law to assist a State, upon re-
quest by the governor of the State, with control of 
cormorants. 
‘‘(6) CORMORANT DEFINED.—In this subsection 
the term ‘cormorant’ means the double-crested cor-
morant (Phalacrocorax auritus).’’. 
(b) COOPERATION TO PREVENT CORMORANT PRO-
LIFERATION.— 
(1) DEPARTMENT
OF
INTERIOR
COOPERA-
TION.—The Secretary of the Interior, acting in con-
sultation with the National Aquaculture Information 
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Center and the Animal and Plant Health Inspection 
Service, shall conduct educational and informational 
activities for the owners and operators of aqua-
culture facilities to improve their efforts to prevent 
cormorants from consuming aquatic species being 
reared in aquaculture facilities, which contributes to 
the proliferation of cormorants. 
(2) OTHER
EFFORTS.—Nothing in this sub-
section restricts the authority of other Federal or 
State wildlife or natural resource management agen-
cies to cooperate with the owners and operators of 
aquaculture facilities regarding the management and 
control of cormorants to prevent their proliferation. 
(3) CORMORANT DEFINED.—In this subsection, 
the term ‘‘cormorant’’ means the double-crested cor-
morant (Phalacrocorax auritus). 
Æ 
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