[Senate Report 104-51]
[From the U.S. Government Publishing Office]
Calendar No. 73
104th Congress Report
SENATE
1st Session 104-51
_______________________________________________________________________
TRIPLOID CARP CERTIFICATION
_______
April 18, 1995.--Ordered to be printed
Filed under authority of the order of the Senate of April 6
(legislative day, April 5), 1995
Mr. Chafee, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 268]
The Committee on Environment and Public Works, to which was
referred the bill (S. 268) to authorize the collection of fees
for expenses for triploid grass carp certification inspections,
and for other purposes, having considered the same, reports
favorably thereon and recommends that the bill do pass.
General Statement
The purpose of this legislation is to authorize the
Director of the U.S. Fish and Wildlife Service (Service),
Department of the Interior, to charge reasonable fees to offset
Government expenditures for inspection and certification of
triploid grass carp requested by a person who owns or operates
an aquaculture facility. All such fees collected by the Service
would be available to the Director without further
appropriation to carry out the triploid grass carp
certification inspections.
Background
Grass carp were introduced into the United States in the
1960s to control aquatic vegetation. Since that time, grass
carp have become a valuable aquaculture commodity used in
public and private waters throughout the United States.
If reproducing populations of the exotic grass carp become
established in river systems and other waters, their vegetation
consumption would significantly alter the habitat upon which
native species depend. In order to control grass carp
populations, many States allow only sterile ``triploid'' grass
carp to be used. The triploid form differs from the natural
diploid form of grass carp in that it has three sets of
chromosomes in every cell. The Service began its involvement in
the inspection and certification of triploid grass carp in
1979. The Service's Fisheries Program assumed responsibility
for triploid grass carp certification in 1989. Many States
depend on the Service to provide reliable scientific
inspections in order to avoid adverse impacts on native species
that would result from introduction of reproducing populations
of grass carp. The Service conducts more than 550 inspections
annually. In fiscal year 1994, over $70,000 was spent on this
program by the Service.
In January 1995, the Director of the Fish and Wildlife
Service announced that the Service could no longer afford to
provide the triploid grass carp certification inspection
service to private grass carp producers. Fish and wildlife
officials whose state regulations and decisions allowing use of
triploid grass carp to control aquatic vegetation are based on
the Service's triploidy verification procedures objected to the
discontinuation of the certification program. Private producers
of triploid grass carp notified the Service and the Congress of
their willingness to reimburse the Service for the cost of the
triploid certification inspections.
Section-by-Section Analysis
Section 1.--Collection of fees for triploid grass carp
certification inspections
This Section authorizes the Secretary of the Interior,
acting through the Director of the Fish and Wildlife Service
(the Director), to charge reasonable fees for expenses to the
Federal Government for triploid grass carp certification
inspections requested by a person who owns or operates an
aquaculture facility. Subsections (b) and (c) authorize the
Director to use all such fees to carry out the triploid grass
carp certification program without further appropriations.
Hearings
The Committee held no hearings on S. 268. The views of the
Department of the Interior on S. 268 follow:
U.S. Department of the Interior,
Office of the Secretary,
Washington, DC, March 17, 1995.
Hon. John Chafee,
Chairman, Committee on Environment and Public Works, U.S. Senate,
Washington, DC.
Dear Senator Chafee: This responds to your request for the
views of this Department on S. 268, a bill offered by Senator
Bumpers to authorize the collection of fees for expenses to the
Federal Government for triploid grass carp certification
inspections.
The Department has previously submitted identical views to
the House of Representatives on H.R. 649, the identical House
equivalent to S. 268.
The Administration supports enactment of S. 268.
The Service continues strongly to support efforts to
restore our Nation's ecosystems, particularly aquatic
ecosystems. The Service also recognizes the needs of private
aquaculture and the States in continuing triploid grass carp
certification until a privatization of this function can be
achieved in a manner acceptable to the States. However, during
this time of declining budgets we can no longer pay the cost of
providing triploid grass carp certification to private
producers. Because private producers have notified the Service
that they are willing, in the interim, to reimburse the Service
for certification costs, we believe that enactment of S. 268
will allow the Service to help private aquaculture maintain
operations while strengthening the ability of State aquatic
resource conservation agencies to protect native wild stocks.
We have enclosed a brief memorandum providing further
background on S. 268 and the triploid grass carp certification
issue.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
George T. Frampton, Jr.,
Assistant Secretary,
Fish and Wildlife and Parks.
background, s.268, collection of fees for triploid grass carp
certification
The grass carp, Ctenopharyngodon idella, is a nonindigenous
species whose adult stage feeds largely on plant matter. It was
introduced to the United States to control aquatic vegetation
(often nonindigenous itself) that had become problematic for
recreational and other activities in public and private waters.
The grass carp quickly became a valuable aquacultural
commodity, but remains a concern to State fish and wildlife
conservation agencies because of its potential to alter
habitats and impact native species if allowed to establish
reproducing populations.
In order to control grass carp populations without having
to ban their use, many States allow only sterile grass carp to
be used. The most common method of achieving sterility is by
inducing triploidy (production of three sets of chromosomes).
This means, however, that States need a scientifically credible
third party to turn to for certification of triploidy. The U.S.
Fish and Wildlife Service (Service) began its involvement in
the certification of triploid grass carp in 1979. The program
has now grown to more than 550 inspections per year for private
growers in seven States whose products are shipped to some 30
States. In FY 1994, over $70,000 was spent by the Service on
this program.
During this time of declining budgets, the Service can no
longer pay the cost of providing this service to private
producers. However, many States now specifically require
Service certification of triploidy as a precondition to
bringing grass carp into the State. Several of these States
have expressed concern that discontinuation of this program
will leave native stocks vulnerable to the impacts of a
reproducing population of grass carp. Similarly, aquaculturists
have expressed concern over the loss of continued access to the
markets in these States if the Service does not provide
triploidy certification services, at least until a
privatization of this function can be achieved in a manner
acceptable to the States. In the interim, the aquaculture
community has notified the Service and Members of Congress that
private producers are willing to reimburse the Service to
offset certification costs.
Rollcall Votes
Section 7(b) of rule XXVI of the Standing Rules of the
Senate and the rules of the Committee require that any rollcall
votes taken during the Committee's consideration of a bill be
noted in the report.
A rollcall vote was taken on this bill by the full
committee on March 23, 1995. The Committee reported the bill by
a recorded vote of 16 to 0, a quorum being present.
Regulatory Impact
Section 11(b) of rule XXVI of the Standing Rules of the
Senate require the Committee to evaluate the regulatory impact
of the reported bill. The bill has no regulatory impact.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment Act
requires that a statement of cost of the reported bill,
prepared by the Congressional Budget Office, be included in the
report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 29, 1995.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed S. 268, a bill to authorize the collection of fees for
expenses for triploid grass carp certification inspections, and
for other purposes, as ordered reported by the Senate Committee
on Environment and Public Works on March 23, 1995. CBO
estimates that enacting S. 268 would have no net impact on the
federal budget. However, the bill would affect direct spending;
therefore, pay-as-you-go procedures would apply.
S. 268 would authorize the U.S. Fish and Wildlife Service
(USFWS) to charge fees for inspection and certification of
grass carp. (These fish are used by the aquaculture industry
and others to control the growth of aquatic vegetation.) All
such fees collected would have to be used for the inspection/
certification program, and would be available for that purpose
without further appropriation.
Based on information provided by the USFWS, we estimate
that under S. 268 the federal government would collect and
spend between $50,000 and $100,000 annually. Because new
offsetting receipts and direct spending would be approximately
equal each year, there would be no net impact on the federal
budget.
Enacting S. 268 would have no impact on the budgets of
state or local governments.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
June E. O'Neill, Director.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are to be shown. This bill does not change existing
law.