[House Report 113-702]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-702
======================================================================
FISH HATCHERY PROTECTION ACT
_______
December 22, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 5026]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5026) to prohibit closing or repurposing any
propagation fish hatchery or aquatic species propagation
program of the Department of the Interior unless such action is
expressly authorized by an Act of Congress, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 5026 is to prohibit closing or
repurposing any propagation fish hatchery or aquatic species
propagation program of the Department of the Interior unless
such action is expressly authorized by an Act of Congress.
BACKGROUND AND NEED FOR LEGISLATION
The National Fish Hatchery System was established by the
Congress in 1871 to address the growing concern about declining
fish populations. The fundamental goals of the federal fish
fisheries were to propagate native and non-native species of
fish, to work in partnership with the states to restore
depleted fish stocks, and to replace lost recreational fishing
opportunities by mitigating the impacts of federal water
projects.
Statutory authority for the Federal Fish Hatchery Program
is contained in a number of statutes including the Fish and
Wildlife Act of 1956, Sikes Act of 1960, Anadromous Fish
Conservation Act of 1965, Endangered Species Act of 1973, Fish
and Wildlife Improvement Act of 1978, Fish and Wildlife
Conservation Act of 1980, Connecticut River Basin Atlantic
Salmon Act of 1983, Interjurisdictional Fisheries Act of 1986,
Great Lakes Fish and Wildlife Restoration Act of 1990, and
various Appropriation acts.
In 1940, there were 136 National Fish Hatcheries. There are
currently 68 federal hatcheries located in 34 states and in
every region except Alaska. There are approximately 360 Fish
and Wildlife Service (FWS) employees working within the
hatchery system. At the end of fiscal year 2013, the hatchery
system had 4,602 assets that were worth $2.3 billion. Sixteen
National Fish Hatcheries were first constructed more than 100
years ago and the average age is more than 70 years. The System
has a deferred maintenance backlog of $167.3 million.
According to FWS, the National Fish Hatchery System
annually produces and distributes over 140 million fish and 120
million fish eggs for recovery, restoration, mitigation and
tribal treaty requirements. The value of these products is over
$5 billion. In 2013, nearly 80 million eggs were transferred to
federal, state and tribal hatcheries and approximately 128
million fish were released into the wild. Of those fish
released, 13.3 million were classified as members of threatened
or endangered species.
In 2011, recreational anglers took 69 million trips, caught
345 million fish, supported 364,000 jobs. In total, the
recreational fishing industry contributed over $70 billion to
our economy. FWS has indicated that the National Fish Hatchery
System returns $28 to the national economy for every dollar
spent and $3.6 billion to our economy overall. In Mohave
County, Arizona, the Willow Creek National Fish Hatchery, whose
propagation program was terminated because of a broken pipe in
November 2013, supported about 1,700 jobs and had an annual
economic input of almost $75 million.
FWS produces these fish and eggs through a series of 291
propagation programs. However, the focus of these programs has
dramatically changed over the years. With each passing year,
FWS places greater emphasis and money on the recovery and
restoration of Federally-listed endangered or threatened
species. For instance, of the 291 programs, 171 or nearly 60
percent are dedicated to recovery and restoration. These
programs received $18.2 million. There are 56 propagation
programs for tribes whose fish is covered by treaties,
legislation, court orders or consent decrees. These programs
received $5.9 million. Finally, there are 47 propagation
programs that raise native and non-native fish. These programs
cost $3 million or about 10 percent of the overall funds.
In November 2013, FWS issued a report entitled Strategic
Hatchery and Workplace Planning that indicated that ``the ESA
[Endangered Species Act] compels the Service to give priority
to preventing the extinction or extirpation of protecting [sic]
fish and wildlife species by regulating actions that would
further diminish populations and by working to recover those
populations to viability''. As a result, the highest priorities
of the National Fish Hatchery System will be the recovery and
restoration of Federally-listed species and then tribal
interests. The lowest priorities will be the propagation of
native and then non-native fish, which are commonly referred to
as the mitigation hatcheries.
FWS has publicly stated that no Federal Fish Hatcheries
will be closed before September 30, 2014, and the Consolidated
Appropriations Act (Public Law 113-6) stipulated that ``none of
the funds may be used to terminate operations or to close any
facility'' within the System. This law also provided that the
Army Corps of Engineers may transfer to FWS up to $4.7 million
for fisheries lost due to federal water projects.
On March 5, 2014, the Subcommittee on Fisheries, Wildlife,
Oceans and Insular Affairs conducted an oversight hearing on
the Strategic Report. At the hearing, the FWS Assistant
Director for Fish and Aquatic Conservation testified that ``it
is important to note, however, that a report is not a decision
document. It offers management options and recommendations to
put the system on a more sound and sustainable financial
footing. The Service is using the report to engage partners and
stakeholders, including Congress, State Fish and Wildlife
Agencies, tribes and others in a discussion on its major
findings and recommendations.''
Despite these assurances, FWS had already discontinued a
number of propagation programs without any input or
communication with Congress, states or local communities. This
failure to communicate prompted responses from both the
Association of Fish and Wildlife Agencies and the Sport Fishing
and Boating Partnership Council. In the first letter, the
President of the Association representing all 50 states noted
that ``the report laid out a new desired direction without any
direct input from any state partners who all have a vested
interest in the management and production of fish from the
National Fish Hatchery System.'' The second letter by the Sport
Fishing and Boating Partnership Council stated that ``the fact
that no stakeholders, including the state agencies that depend
on the National Fish Hatchery System, were consulted highlights
the significant and problematic lack of transparency in the
current direction of the fisheries program.''
This legislation would prohibit the Secretary of the
Interior from permanently closing, reprogramming, repurposing,
decommissioning, significantly altering, or moving to caretaker
status any fish and other aquatic species propagation hatchery
or propagation program unless such action is expressly
authorized by an Act of Congress. The law would be effective
beginning on November 1, 2013, and would expire ten years after
the date of the enactment of the Act.
COMMITTEE ACTION
H.R. 5026 was introduced on July 8, 2014, by Congressman
Paul A. Gosar (R-AZ). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Fisheries, Wildlife, Oceans and Insular Affairs. On July 23,
2014, the Subcommittee held a hearing on the bill. On July 30,
2014, the Full Natural Resources Committee met to consider the
bill. The Subcommittee on Fisheries, Wildlife, Oceans and
Insular Affairs was discharged by unanimous consent. No
amendments were offered, and the bill was adopted and ordered
favorably reported to the House of Representatives by a roll
call vote of 25 to 17, as follows:
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 5026--Fish Hatchery Protection Act
Summary: H.R. 5026 would prohibit the Secretary of the
Interior from permanently modifying or significantly altering
the way certain programs within the National Fish Hatchery
System would be carried out relative to how they were being
carried out as of November 1, 2013. Under H.R. 5026, for a 10-
year period following enactment of the bill, any changes to
those programs would require express authorization from the
Congress. In CBO's view, that directive would effectively
authorize sufficient appropriations to continue operating the
National Fish Hatchery System in the same way it was operated
near the start of fiscal year 2014.
Based on information provided by the U.S. Fish and Wildlife
Service (USFWS) and assuming appropriation of the necessary
amounts, CBO estimates that implementing the bill would cost
$203 million over the 2015-2019 period. Enacting H.R. 5026
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
H.R. 5026 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 5026 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2015 2016 2017 2018 2019 2015-2018
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................ 42 43 44 45 46 220
Estimated Outlays............................................ 33 39 42 44 45 203
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
5026 will be enacted before the end of 2014 and that the
necessary amounts will be appropriated for each fiscal year.
Estimated outlays are based on historical spending patterns for
similar USFWS activities.
H.R. 5026 would prohibit the Secretary of the Interior from
permanently modifying or significantly altering any fish
hatchery or breeding program within the National Fish Hatchery
System unless the Congress explicitly authorizes such changes.
That limitation would be in effect beginning on November 1,
2013, and ending 10 years after enactment of the bill. As of
November 1, 2013, the USFWS had received about $41 million to
operate fish hatcheries and carry out programs in 2014 that
would be affected under the bill. CBO expects that the agency
would require similar levels of appropriated funds (adjusted
for inflation) to continue to operate the fish hatcheries and
programs in the same way they were being operated as of
November 1, 2013.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 5026
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Those governments would benefit from the
continued operation of federal fishery conservation activities.
Estimate prepared by: Federal cost: Jeff LaFave; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. Based on information provided by
the U.S. Fish and Wildlife Service (USFWS) and assuming
appropriation of the necessary amounts, CBO estimates that
implementing the bill would cost $203 million over the 2015-
2019 period.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to prohibit closing or repurposing
any propagation fish hatchery or aquatic species propagation
program of the Department of the Interior unless such action is
expressly authorized by an Act of Congress.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does establish
or reauthorize a program of the federal government known to be
duplicative of another federal program. While such program was
not included in a report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, it was identified in the most recent Catalog of Federal
Domestic Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs, namely the
Interjurisdictional Fisheries Act of 1986, Fish and Wildlife
Management Assistance and Wildlife Restoration; and the Lower
Snake River Compensation Plan. This further demonstrates that
the National Fish Hatchery System is used to fulfill legal
requirements of the Department of the Interior under several
laws and programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
H.R. 5026--THE FISH HATCHERY PROTECTION ACT
H.R. 5026 would prohibit the Secretary of the Interior from
permanently closing, reprogramming, repurposing,
decomissioning, significantly altering, or moving to caretaker
status any program within the National Fish Hatchery System
(NFHS) for 10 years from the date the bill is enacted, unless
such action is expressly authorized by an Act of Congress. This
bill is a direct response to the U.S. Fish and Wildlife
Service's (Service) recent suspension of rainbow trout
propagation activities at the Willow Beach National Fish
Hatchery in Mohave County, Arizona. Last year the two intake
pipes used to feed the trout hatchery were rendered inoperative
due to deferred maintenance resulting from a significant
maintenance backlog within the NFHS. Because of the backlog,
the Service does not have the funds available to repair the
pipes at Willow Beach or make repairs at scores of other
hatcheries around the country.
Like many Service programs, the NFHS has experienced an
erosion of base funds due to reductions in appropriations,
inflation and other factors. At the same time, the program has
also experienced significant increases in requisite operating
costs, particularly those related to energy. The lack of
funding has forced the Service to prioritize core functions in
the hatchery system, which it did publicly in its Strategic
Hatchery and Workforce Planning Report released last year.
Committee Republicans have criticized the Service for placing a
lower priority on NFHS propagation programs, which stock local
waterways with non-native sport fish. However, the Service has
a clear responsibility to focus first on restoring endangered
aquatic species, maintaining populations of native fish, and
meeting Tribal trust obligations.
By failing to address the overarching budgetary issues
within the NFHS, this bill would simply hamstring the Service
into continuing all existing propagation programs in outdated
facilities for the next ten years without adequate funding.
This will simply lead to more failures like the one in Arizona
which inspired this legislation, and prevent the Service from
making changes necessary to ensure the NFHS is operating as
efficiently and effectively as possible. Further, the
Congressional Budget Office (CBO) has estimated that this
legislation will cost more than $200 million to implement. Much
smaller CBO scores have been used as an excuse to prevent
Democratic legislation from advancing to a floor vote. For
these reasons, we oppose H.R. 5026.
Peter DeFazio,
Ranking Member, Committee on Natural Resources.