ANADROMOUS FISH TUESDAY, MAY 26, 1964 HOUSE OF REPRESENTATIVES, CONSERVATION OF THE COMMITTEE ON Washington, D.C. The subcommittee met at 10:05 a.m., pursuant to call, in room 219, Cannon House Office Building, Hon, John D. Dingell, presiding. Mr. DINGELL. The Subcommittee on Fisheries and Wildlife Conservation will come to order. This morning the Subcommittee on Fisheries and Wildlife Conservation will begin hearings on a series of bills designed to conserve, develop, and enhance our Nation's anadromous fish. Two years ago bills were considered by this subcommittee directly relating to the problems confronting the salmon and steelhead trout of California. Since anadromous fish are migratory and migrate from fresh water to the high seas as young fish, they are not only of concern to the people of California and other States affected, but are also of interstate and international in character and importance. As a result of the previous hearings the bills being heard today are nationwide in scope and are designed to alleviate the anadromous fish problems through the cooperation of the Federal Government and the several States. The following bills are identical: H.R. 3195, by Mr. Moss, of California; H.R. 3314, by Mr. Johnson of California; H.R. 3697, by Mr. McFall, of California; H.R. 3779, by Mr. Miller of California; H.R. 3995, by our former colleague, Congressman Shelley, of California, now mayor of the city of San Francisco; H.R. 4225, by Mr. Cohelan, of California; H.R. 6856, by Mr. Tupper, of Maine; and H.R. 2392, by Mr. Dingell, of Michigan. The subcommittee will also consider similar bills sponsored by our good friends and colleagues, Mr. Tupper, H.R. 11160, and Mr. Hagen, H.R. 11398. Let the bills and departmental reports appear in the record at this point. (The bills and reports follow :) [H.R. 2392, H.R. 3195, H.R. 3314, H.R. 3697, H.R. 3779, H.R. 3995, H.R. 4225, H.R. 6856, 88th Cong., 1st sess.] A BILL To authorize the Secretary of the Interior to initiate a program for the conservation, development, and enhancement of the Nation's anadromous fish in cooperation with the several States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of conserving, developing, and enhancing the anadromous fishery resources of the Nation that are subject to depletion from water-resource developments and from other causes, or, with respect to which the United States has undertaken conservation commitments pursuant to international agreements, the Secretary of the Interior is authorized to cooperate with and provide assistance to the several States in conserving and developing the anadromous fishery resources within the several States. SEC. 2. The Secretary of the Interior is further authorized (1) to conduct such investigations, engineering and biological surveys, and research as may be necessary to accomplish the purposes of this Act; (2) to construct, install, maintain, and operate devices and structures wherever necessary for the improvement of feeding and spawning conditions for anadromous fish, for the protection of such anadromous fish and for facilitating the free migration of such fish; (3) to construct, operate, and maintain fish hatcheries wherever necessary to accomplish the purposes of this Act; and (4) to purchase, lease, or accept donations of lands and any interest therein necessary to accomplish the purposes of this Act. The Secretary is also authorized to enter into cooperative agreements with Federal, State, public, or private agencies, or organizations and colleges and universities to conduct studies, research investigations. and for such other purposes as may be necessary to accomplish the provisions of this Act. SEC. 3. Activities authorized by this Act to be performed on lands administered by other Federal departments or agencies shall be carried out only with the prior approval of such departments or agencies, SEC. 4. There is hereby authorized to be appropriated, from money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the purposes of this Act. SEC. 5. The Secretary shall, in carrying out the provisions of this Act, provide that the several States and other non-Federal interests will bear a share of the costs of this program in proportion to the benefits to be derived by the several States whenever he determines it to be appropriate. SEC. 6. Nothing in these sections shall be construed as affecting or modifying the provisions of the Act of May 11, 1938, as amended (16 U.S.C. 755–757). [H.R. 11160, 88th Cong., 2d sess.] A BILL To authorize the Secretary of the Interior to initiate a program for the conservation, development, and enhancement of the Nation's anadromous fish in cooperation with the several States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of conserving, developing, and enhancing the anadromous fishery resources of the Nation that are subject to depletion from water-resource developments and from other causes, or, with respect to which the United States has undertaken conservation commitments pursuant to international agreements, the Secretary of the Interior is authorized to cooperate with and provide assistance to the several States in conserving and developing the anadromous fishery resources within the several States. SEC. 2. The Secretary of the Interior is further authorized (1) to conduct such investigations, engineering and biological surveys, and research, as may be necessary to accomplish the purposes of this Act; (2) to construct, install, maintain, and operate devices and minor structures designed primarily for the improvement of feeding and spawning conditions for anadromous fish, for the protection of such anadromous fish and for facilitating the free migration of such fish: Provided, That no waters shall be impounded to carry out the purposes of this Act until the Secretary shall first consult with the heads of the interested State and Federal agencies and the reports and recommendations of those agencies shall be made an integral part of any project report that the Secretary submits to the Congress, and until such impoundment is specifically authorized to be constructed by the Congress; (3) to construct, operate, and maintain fish hatcheries wherever necessary to accomplish the purposes of this Act; (4) to purchase, lease, or accept donations of lands and any interest therein necessary to accomplish the purposes of this Act; and (5) to perform such other activities as may be necessary to carry out the purposes of this Act. The Secretary is also authorized to enter into cooperative agreements with Federal, State, public, or private agencies, or organizations and colleges and universities to conduct studies, research investigations, and for such other purposes as may be necessary to accomplish the provisions of this Act. SEC. 3. Activities authorized by this Act to be performed on lands administered by other Federal departments or agencies shall be carried out only with the prior approval of such departments or agencies. SEC. 4. There is hereby authorized to be appropriated, from money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the purposes of this Act. SEC. 5. The Secretary shall, in carrying out the provisions of this Act, provide that the several States and other non-Federal interests will bear a share of the costs of this program in proportion to the benefits to be derived by the several States whenever he determines it to be appropriate and feasible. SEC. 6. Nothing in these sections shall be construed as affecting or modifying the provisions of the Act of May 11, 1938, as amended (16 U.S.C. 755–757). [H.R. 11398, 88th Cong., 2d sess.] A BILL To authorize the Secretary of the Interior to initiate a program for the conservation, development, and enhancement of the Nation's anadromous fish in cooperation with the several States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of conserving, developing, and enhancing the anadromous fishery resources of the Nation that are subject to depletion from water-resource developments and from other causes, or, with respect to which the United States has undertaken conservation commitments pursuant to international agreements, the Secretary of the Interior is authorized to cooperate with and provide assistance to the several States in conserving and developing the anadromous fishery resources within the several States. SEC. 2. The Secretary of the Interior is further authorized (1) to conduct such investigations, engineering and biological surveys, and research as may be necessary to accomplish the purposes of this Act; (2) to construct, install, maintain, and operate devices and minor structures designed primarily for the improvement of feeding and spawning conditions for anadromous fish, for the protection of such anadromous fish and for facilitating the free migration of such fish: Provided, That no construction to impound waters to carry out the purposes of this Act is authorized until the Secretary shall first consult with the heads of the interested State and Federal agencies and the reports and recommendations of those agencies shall be made an integral part of any project report that the Secretary submits to the Congress, and until such impoundment is specifically authorized to be constructed by the Congress; (3) to construct, operate, and maintain fish hatcheries wherever necessary to accomplish the purposes of this Act; (4) to purchase, lease, or accept donations of lands and any interest therein necessary to accomplish the purposes of this; and (5) to perform such other activities as may be necessary to carry out the purposes of this Act. The Secretary is also authorized to enter into cooperative agreements with Federal, State, public, or private agencies or organizations and colleges and universities to conduct studies, research investigations, and for such other purposes as may be necessary to accomplish the provisions of this Act. SEC. 3. Activities authorized by this Act to be performed on lands administered by other Federal departments or agencies shall be carried out only with the prior approval of such departments or agencies. SEC. 4. There is hereby authorized to be appropriated, from money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the purposes of this Act. SEC. 5. The Secretary shall, in carrying out the provisions of this Act, provide that the several States and other non-Federal interests will bear a share of the costs of this program in proportion to the benefits to be derived by the several States whenever he determines it to be appropriate and feasible. SEC. 6. Nothing in these sections shall be construed as affecting or modifying the provisions of the Act of May 11, 1938, as amended (16 U.S.C. 755–757). Hon. HERBERT C. BONNER, DEPARTMENT OF AGRICULTURE, Washington, D.C., November 29, 1963. Chairman, Committee on Merchant Marine and Fisheries, House of Representatives. DEAR MR. CHAIRMAN: This is in response to your request of February 6, 1963, for a report on H.R. 2392, a bill to authorize the Secretary of the Interior to initiate a program for the conservation, development, and enhancement of the Nation's anadromous fish in cooperation with the several States. We would have no objection to enactment of this bill. H.R. 2392 would authorize the Secretary of the Interior to cooperate with and provide assistance to the several States in conserving and developing the anadromous fishery resources within the United States. Specific activities anthorized would include conducting investigations and engineering and biological surveys and research; constructing, installing, and maintaining devices and structures for improving feeding and spawning conditions, protecting migratory fish, and facilitating their migration; establishing, operating, and maintaining fish-cultural stations, and acquiring lands and interests by purchase, lease, or donation. Section 3 of the bill provides that the activities authorized to be performed on lands administered by the Federal departments or agencies would be carried out only with the prior approval of such departments or agencies. This is a very necessary provision. A significant part of the habitat for the anadromous fishery resources of the Nation is within the national forests under the jurisdiction of this Department. It is likely that some of the needed improvements which the Secretary of the Interior would be authorized to study and, if found necessary, to construct would be on national forest lands. The Department of Agriculture has adequate authority to carry out fishery conservation programs within the national forests. Under the Multiple UseSustained Yield Act (74 Stat. 215), the Secretary of Agriculture is directed to administer the national forests for multiple use and sustained yield of their several products and services, including fish, and is authorized to cooperate with State and local agencies in national forest development. The need for improvement and development of fish and wildlife habitat resources on the national forests is recognized in the development program for the national forests. This program embraces all of the renewable resources of the national forest system-water, timber, recreation, forage, and fish and wildlife habitat. Fishery engineering studies and surveys and desirable fish structural or vegetative manipulation projects on national forest lands are frequently carried out by the fish and game departments of the respective States in which the national forests are located. Such projects are initiated and conducted with the approval and permission of this Department. Coordinated land-use practices to assure a maximum return of the varied goods and services from these national forest lands can best be attained if all planning and development has the prior approval of the Department having primary jurisdiction. This is the concept under which existing programs have been successful. The same review and prior approval provided for in this bill will be equally effective. The Bureau of the Budget advises that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely yours, Hon. HERBERT C. BONNER, ORVILLE L. FREEMAN. DEPARTMENT OF THE ARMY, Washington, D.C., January 17, 1964. Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense on H.R. 2392, 88th Congress, a bill to authorize the Secretary of the Interior to initiate a program for the conservation, development, and enhancement of the Nation's anadromous fish in cooperation with the several States. The Department of the Army has been assigned responsibility for expressing the views of the Department of Defense on this bill. This bill would authorize the Secretary of the Interior to undertake a nationwide anadromous fish conservation and development program, in cooperation with the several States. The Secretary would be authorized to conduct investigations, surveys, and research, and to construct, install, and maintain devices and structures, including fish hatcheries, necessary to achieve the objectives of the bill. The authority granted to the Secretary of the Interior by H.R. 2392 is similar to that granted him by the act of May 11, 1938, as amended (16 U.S.C. secs. 755–757), pursuant to which the Columbia River fishery development program is being conducted. Under this program the Department of the Interior has achieved a significant improvement in the anadromous fish population in the Columbia River Basin. Construction activities under the program have included improvements affecting approximately 1,200 miles of streams by the removal of debris, logjams, splash dams, and low natural falls; the installation of screens to prevent downstream migrants from entering irrigation diversions; the development of numerous fishways; and the installation of hatcheries for the artificial propagation of salmon and steelhead. In addition, much valuable research is being conducted concerning the nutritional requirements of these fish and the prevention of various disease which affect them. The Department of the Army favors the extension of a beneficial program of this nature to the remainder of the Nation. However, it is the understanding of this Department that the Department of the Interior interprets the proposed legislation as conferring upon it authority to prepare comprehensive development plans and to construct multiple-purpose dams and reservoirs in river basins where anadromous fish are found. It is the view of this Department that multipurpose development of rivers should not be undertaken in a piecemeal manner as an adjunct to fishery development programs, but rather should be undertaken as part of comprehensive river basin programs so that the resources of the basins may be utilized to the fullest possible extent. To this end, such comprehensive programs must be formulated by the joint action of all of the Federal and State agencies concerned with the basins' resources, and must be based upon the fundamental concept that all aspects of a program be given equitable consideration. This Department considers that major aspects of a multipurpose program such as power development, irrigation, flood control, pollution abatement, navigation improvement, and water supply cannot be given the required equitable consideration when they are planned and executed as incidental purposes of a program for the propagation and protection of anadromous fish. This Department does not feel that H.R. 2392 can properly be interpreted to grant greater authority to the Secretary of the Interior than has been assumed under the Fishery Development Act of 1938. However, to allay the possibility that the bill as presently stated may be considered susceptible to the interpretation placed upon it by the Department of the Interior, it is recommended that clause (2) of section 2 of the bill be amended to read as follows: "(2) to construct, install, maintain, and operate devices and minor structures designed primarily for the improvement of feeding and spawning conditions for anadromous flsh, for the protection of such anadromous fish, and for facilitating the free migration of such fish"; The Department of the Army interposes no objection to the enactment of H.R. 2392 with the proposed amendment. The Bureau of the Budget advises that while there is no objection to the presentation of such report as the Department of the Army deems appropriate, the Bureau of the Budget questions the need for additional construction authority in the water resource area, and on the basis of the evidence available believes that the program which would be authorized by this legislation would be less productive both commercially and recreationally speaking, and therefore of lower priority, than other proposals already under consideration in the Congress and favored by the administration. Sincerely yours, CYRUS R. VANCE, Secretary of the Army. |