1 COMMITTEE REPORT 2 May 2, 2013 3 4 S. 639 5 6 Introduced by Senators McElveen, Campsen and Gregory 7 8 S. Printed 5/2/13--S. [SEC 5/3/13 12:35 PM] 9 Read the first time April 23, 2013. 10 11 12 THE COMMITTEE ON FISH, GAME AND FORESTRY 13 To whom was referred a Concurrent Resolution (S. 639) to 14 memorialize the United States Congress to enact legislation and 15 the United States Fish and Wildlife Service to promulgate 16 regulations authorizing, etc., respectfully 17 REPORT: 18 That they have duly and carefully considered the same and 19 recommend that the same do pass: 20 21 GEORGE E. CAMPSEN III for Committee. 22

[639-1] 1 2 3 4 5 6 7 8 9 A CONCURRENT RESOLUTION 10 11 TO MEMORIALIZE THE UNITED STATES CONGRESS TO 12 ENACT LEGISLATION AND THE UNITED STATES FISH 13 AND WILDLIFE SERVICE TO PROMULGATE 14 REGULATIONS AUTHORIZING THE STATE OF SOUTH 15 CAROLINA TO MANAGE DOUBLECRESTED 16 CORMORANTS IN THE STATE. 17 18 Whereas, the Migratory Bird Treaty with Canada of 1916, and the 19 Migratory Bird Treaty Act of 1918 enacted pursuant to the treaty, 20 were intended to protect “migratory birds” to help restore their 21 population where they have become scarce or endangered; and 22 23 Whereas, pursuant to the act, the United States Fish and Wildlife 24 Service protects doublecrested cormorants (phalacrocorax auritus) 25 by defining migratory birds to include this species and has issued 26 government and aquaculture permits for depredation of the species 27 in specific circumstances; and 28 29 Whereas, the national population of the doublecrested cormorant 30 became dangerously low in the midtwentieth century because of 31 reproductive failures related to toxic chemicals, such as 32 insecticides and coolant, used by humans for nonmanagement 33 related purposes; and 34 35 Whereas, the doublecrested cormorant population rapidly 36 recovered in the late 1970’s due to a reduction of the presence of 37 these toxic chemicals, and an adult cormorant primarily eats fish 38 less than six inches in total length at an average of one pound of 39 fish per day; and 40 41 Whereas, the population of doublecrested cormorants is no longer 42 at risk and their behavior can contribute to substantial problems in

[639] 2 1 at least two areas: (1) doublecrested cormorants can have adverse 2 biological impacts on the populations of commercial and 3 recreational fish, the nesting of other bird species, and the growth 4 of vegetation in nesting areas; and (2) doublecrested cormorants 5 can have adverse economic impacts on aquaculture, stocking, 6 tourism, sport fishing, commercial fisheries, and water quality; and 7 8 Whereas, the amendment to Article I of the Constitution of South 9 Carolina, 1895, prepared under the terms of Act 83 of 2009, 10 having been submitted to the qualified electors at the General 11 Election of 2010 as prescribed in Section 1, Article XVI of the 12 Constitution of South Carolina, 1895, and a favorable vote having 13 been received on the amendment, added Section 25 which reads, 14 “the traditions of hunting and fishing are valuable parts of the 15 state’s heritage, important for conservation, and a protected means 16 of managing nonthreatened wildlife. The citizens of this State have 17 the right to hunt, fish, and harvest wildlife traditionally pursued, 18 subject to laws and regulations promoting sound wildlife 19 conservation and management as prescribed by the General 20 Assembly. Nothing in this section shall be construed to abrogate 21 any private property rights, existing state laws or regulations, or 22 the state’s sovereignty over its natural resources”; and 23 24 Whereas, with regard to the management of the doublecrested 25 cormorant population in South Carolina, the state’s Department of 26 Natural Resources along with the state’s hunters are prime 27 examples of responsible resource stewards, as they place an 28 extremely high value on the quality and existence of our nation’s 29 birds. They respect this species’ habitats because they know that in 30 order for the species’ ecosystems to sustain healthy populations, 31 the species must be protected and carefully managed; and 32 33 Whereas, allowing South Carolina to manage the doublecrested 34 cormorant population within the State would provide sufficient 35 protection to both the species and the resources the species affects 36 for current and future generations. Now, therefore, 37 38 Be it resolved by the Senate, the House of Representatives 39 concurring: 40 41 That the members of the General Assembly memorialize Congress 42 to enact legislation and the Fish and Wildlife Service to

[639] 3 1 promulgate regulations authorizing South Carolina to manage the 2 doublecrested cormorant population in the State. 3 4 Be it further resolved that a copy of this resolution be forwarded to 5 the President of the United States Senate, the Speaker of the 6 United States House of Representatives, each member of the South 7 Carolina Congressional Delegation, the Secretary of the Interior of 8 the United States, and the Director of the United States Fish and 9 Wildlife Service. 10 XX 11

[639] 4