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NATIONAL FISH AND WILDLIFE FOUNDATION
REAUTHORIZATION



HEARING



BEFORE THE



SUBCOMMITTEE ON ENVIRONMENT
AND NATURAL RESOURCES



OF THE



COMMITTEE ON

MERCHANT MARINE AND FISHERIES

HOUSE OP REPRESENTATIVES

ONE HUNDRED THIRD CONGRESS

FIRST SESSION

ON



REAUTHORIZING THE NATIONAL FISH AND WILDLIFE
FOUNDATION TO HELP THE CONSERVATION OF OUR
FISH AND WILDLIFE RESOURCES BY FORGING A
PARTNERSHIP OF PRIVATE, PUBLIC, AND NONPROFIT
ORGANIZATIONS



11-



JULY 13, 1993



27
H4
103c



Serial No. 103-43



Printed f^^ tt.o .ico ^f |j^^ (^pmnnitt^A on Merchant Marine and Fisheries



RECEIVED

MAY 2 2 2003



BOSTON PUBLIC LIBRARY

GOVERMI«ENT nnnUMENTS DEPARTMENT




PAPPAS LAW LIBRARY

U.S. GOVERNMENT tiRIlCliIUO OmOD



72-588 fci



WASHINGTON : 1993



For sale by the U.S. Government Printing Office
Superintendent of Documents. Congressional Sales Office. Washington. DC 20402
ISBN 0-16-041686-8



NATIONAL FISH AND WILDLIFE FOUNDATION
REAUTHORIZATION



HEARING

BEFORE THE

SUBCOMMITTEE ON ENVIRONMENT
AND NATURAL RESOURCES

OF THE

COMMITTEE ON

MERCHANT MARINE AND FISHERIES

HOUSE OF REPRESENTATIVES

ONE HUNDRED THIRD CONGRESS

FIRST SESSION

ON



REAUTHORIZING THE NATIONAL FISH AND WILDLIFE
FOUNDATION TO HELP THE CONSERVATION OF OUR
FISH AND WILDLIFE RESOURCES BY FORGING A
PARTNERSHIP OF PRIVATE, PUBLIC, AND NONPROFIT
ORGANIZATIONS






JULY 13, 1993



Serial No. 103-43



KF
27
H4
103c



Printed for ths use of |hf rnr-^^^^-f^ on Merchant Marine and Fisheries



RECEIVED

MAY 2 2 2003



BOSTON PUBLIC LIBHARY

GOVERKMENTDOCUMENTSDgARTMm




DEPOSITORY



f

I



U.S. GOVERNMENT Wt llCTIlJO OrPiOI]
WASHINGTON : 1993



NOV 2 2 1993



PAPPAS LAW LIBRARY



For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office. Washington, DC 20402
ISBN 0-16-041686-8



COMMITTEE ON MERCHANT MARINE AND FISHERIES



GERRY E. STUDDS, Massachusetts, Chairman



WILLIAM J. HUGHES, New Jersey

EARL HUTTO, Florida

W.J. (BILLY) TAUZIN, Louisiana

WILLIAM O. LIPINSKI, Illinois

SOLOMON P. ORTIZ, Texas

THOMAS J. MANTON, New York

OWEN B. PICKETT, Virginia

GEORGE J. HOCHBRUECKNER, New York

FRANK PALLONE, Jr., New Jersey

GREG LAUGHLIN, Texas

JOLENE UNSOELD, Washington

GENE TAYLOR, Mississippi

JACK REED, Rhode Island

H. MARTIN LANCASTER, North Carolina

THOMAS H. ANDREWS, Maine

ELIZABETH FURSE, Oregon

LYNN SCHENK, California

GENE GREEN, Texas

ALCEE L. HASTINGS, Florida

DAN HAMBURG, California

BLANCHE M. LAMBERT, Arkansas

ANNA G. ESHOO, California

THOMAS J. BARLOW, III, Kentucky

BART STUPAK, Michigan

BENNIE G. THOMPSON, Mississippi

MARIA CANTWELL, Washington

PETER DEUTSCH, Florida

GARY L. ACKERMAN, New York

Jeffrey R. Pike, Staff Director

Thomas R. Kitsos, Chief Counsel

Mary J. Fusco Kitsos, Chief Clerk

Harry F. Burroughs, Minority Staff Director



JACK FIELDS, Texas

DON YOUNG, Alaska

HERBERT H. BATEMAN, Virginia

JIM SAXTON, New Jersey

HOWARD COBLE, North Carolina

CURT WELDON, Pennsylvania

JAMES M. INHOFE, Oklahoma

ARTHUR RAVENEL, Jr., South Carolina

WAYNE T. GILCHREST, Maryland

RANDY "DUKE" CUNNINGHAM, California

JACK KINGSTON, Georgia

TILLIE K. FOWLER, Florida

MICHAEL N. CASTLE, Delaware

PETER T. KING, New York

LINCOLN DIAZ-BALART, Florida

RICHARD W. POMBO, California

HELEN DELICH BENTLEY, Maryland

CHARLES H. TAYLOR, North Carolina

PETER G. TORKILDSEN, Massachusetts



Subcommittee on Environment and Natural Resources

GERRY E. STUDDS, Massachusetts, Chairman
GEORGE J. HOCHBRUECKNER, New York JIM SAXTON, New Jersey



FRANK PALLONE, Jr., New Jersey
GREG LAUGHLIN, Texas
JOLENE UNSOELD, Washington
JACK REED, Rhode Island
ELIZABETH FURSE, Oregon
DAN HAMBURG, California
BLANCHE M. LAMBERT, Arkansas
ANNA G. ESHOO, California
EARL HUTTO, Florida
W.J. (BILLY) TAUZIN, Louisiana
SOLOMON P. ORTIZ, Texas
BENNIE G. THOMPSON, Mississippi

Daniel Ashe, Staff Director

GiNA Deferrari, Professional Staff

Laurel Bryant, Minority Professional Staff

(II)



DON YOUNG, Alaska

CURT WELDON, Pennsylvania

ARTHUR RAVENEL, Jr., South Carolina

WAYNE T. GILCHREST, Maryland

RANDY "DUKE" CUNNINGHAM, California

MICHAEL N. CASTLE, Delaware

CHARLES H. TAYLOR, North Carolina

JACK FIELDS, Texas (Ex Officio)



CONTENTS



Page

Hearing held July 13, 1993 1

Statement of:

Barry, Donald, Acting Deputy Assistant Secretary for Fish and Wildlife

and Parks, Department of the Interior 3

Prepared statement 25

Dennis, Michael, General Counsel, The Nature Conservancy 3, 11

Prepared statement 110

Eno, Amos S., Executive Director, National Fish and Wildlife Foundation. 3, 5

Prepared statement 42

Fields, Hon. Jack, a U.S. Representative from Texas, and Ranking Minor-
ity Member, Committee on Merchant Marine and Fisheries 2

Hochbrueckner, Hon. George J., a U.S. Representative from New York 1

Myers, Gary T., Executive Director, Tennessee Wildlife Resources
Agency, on behalf of the International Association of Fish and Wildlife

Agencies 3, 9

Prepared statement 103

Saxton, Hon. Jim, a U.S. Representative from New Jersey 2

Sutherland, Scott, Director of Federal Regulations, Ducks Unlimited 3, 13

Prepared statement 116

Additional material supplied:
Barry, Donald:

Examples of Cooperative Programs and Projects Involving the U.S.
Fish and Wildlife Service and the National Fish and Wildlife Foun-
dation 31

Grants, 1992 34

Eno, Amos S.: National Fish and Wildlife Foundation, 1992 Annual
Report 59

(HI)



NATIONAL FISH AND WILDLIFE FOUNDATION
REAUTHORIZATION



TUESDAY, JULY 13, 1993

House of Representatives, Subcommittee on Environ-
ment AND Natural Resources, Committee on Mer-
chant Marine and Fisheries,

Washington, DC.
The Subcommittee met, pursuant to call, at 10:00 a.m., in room
1334, Longworth House Office Building, Hon. George J. Hoch-
brueckner presiding.

Present: Representatives Hochbrueckner, Unsoeld, Hamburg, Ra-
venel and Castle.

Staff Present: Daniel Ashe, Frank Lockhart, Suzanne Waldron,
William Stelle, Gina DeFerrari, Leigh Clayton, Lesli Gray, Thomas
Melius, JayneAnne Rex, Margherita Woods and Laurel Bryant.

STATEMENT OF HON. GEORGE J. HOCHBRUECKNER, A U.S.
REPRESENTATIVE FROM NEW YORK

Mr. Hochbrueckner. Good morning. I would like to call this
hearing to order.

If we can have our witnesses take their places, we will proceed.
Thank you.

Good morning, everyone. I am Congressman Hochbrueckner, and
I have been asked to sit in for Chairman Studds this morning. I
would like to read his statement into the record. These are the
Chairman's remarks.

In this town, we too often get bogged down with things that
don't, can't and probably won't happen. This morning is different.
We have the opportunity to focus on something that works quite
well, and I am happy to say it is something this Committee did.

The Merchant Marine and Fisheries Committee has authored
some of the Nation's most important conservation laws, including
the National Environmental Policy Act and the Endangered Spe-
cies Act. The National Fish and Wildlife Foundation, created by
our Committee in 1984, has proved to be another great contribution
to conservation policy. Despite the chronic ailment of being under-
funded, the Foundation has forged many successful partnerships to
help conserve our Nation's national resources.

Partnerships, a common theme that runs through all Foundation
projects, is the one word that best describes the reason for the
Foundation's success. By bringing together diverse partners from
public, private and nonprofit organizations, the Foundation has fos-
tered innovative approaches to conservation.

(1)



This model is particularly suited to solving the environmental
problems that face our country today. We can no longer afford the
adversarial bickering that inevitably leads to the courts. The Na-
tional Fish and Wildlife Foundation offers a different and success-
ful approach from which we should all learn.

I guess, in my own case, my comment would be ditto.

Also, I would like to submit for the official record the statements
by the Honorable Jack Fields of Texas, Ranking Member, and also
Congressman Jim Saxton from New Jersey. Without objection, they
will be submitted.

[The statements of Mr. Fields and Mr. Saxton follow:]

Statement of Hon. Jack Fields, a U.S. Representative from Texas, and Rank-
ing Minority Member, Subcommittee on Environment and Natural Re-
sources

Mr. Chairman, I would like to compliment you on your leadership in the reau-
thorization process for the National Fish and Wildlife Foundation Establishment
Act. The legislation establishing the Foundation was considered in this Committee
almost a decade ago.

The Foundation serves the valuable functions of promoting habitat conservation,
environmental education, and natural resources management, among other things.
It is an example of a true partnership between the Federal Government and State
and private groups, which work together to improve our country's ability to con-
serve our natural resources.

I think it is important to note the success of the Foundation in combining federal-
ly appropriated funds with private contributions. Since its creation in 1984, the
Foundation has managed to achieve a match ratio of anywhere from $2 to $4 for
every Federal dollar appropriated. This has resulted in more than 660 grants worth
more than $79 million for conservation projects all over the United States and in 15
other countries.

Mr. Chairman, we are all aware of the fiscal restraints the Federal Government is
currently operating under and the need to prioritize spending. We have a great op-
portunity here to reauthorize a program that is exemplary in its use of Federal
money. The Foundation gives the taxpayer a good return for every dollar and I
think the proposed legislation will allow this good investment to continue.

I support the reauthorization of this valuable Foundation and am delighted to
work with you to pass this important legislation. I would urge my colleagues to add
their support to this bill.

Thank you, Mr. Chairman.



Statement of Hon. H. James Saxton, a U.S. Representative from New Jersey,
AND Ranking Minority Member, Subcommittee on Environment and Natural
Resources

Thank you, Mr. Chairman.

I am pleased to be here today to review the reauthorization of one of the more
unique conservation programs — the National Fish and Wildlife Foundation.The
Foundation's short history has already provided an impressive track record for de-
veloping creative partnerships between business and conservation organizations. It
has also taken on ambitious conservation problems facing natural resource manage-
ment.

Beyond the conservation agenda, however, the Foundation has demonstrated that
the private sector is a willing ally in the stewardship of our natural resources, and
will prove to be a critical element for the success of future resource management
policy.

As this Committee considers the various environmental laws which are up for re-
authorization this Congress, increased attention must be given to expanding the in-
volvement of the private sector in conservation efforts and providing the incentives
necessary for successful partnerships to be established.

I am interested in hearing the witnesses comments today — particularly with re-
spect to expanding the Foundation's board. As demonstrated by many bureaucra-
cies, bigger is not necessarily better, and growth has a tendency to divert valuable
resources away from an intended mission. The entrepreneurial integrity of the



Foundation and its streamlined administration is one of its unique characteristics
worth careful deliberation.

I look forward to hearing from the witnesses today.

Thank you, Mr. Chairman.

Mr. HocHBRUECKNER. Do we have opening comments from our
colleague, Mrs. Unsoeld?

Mrs. Unsoeld. Mr. Chairman, double ditto.

Mr. Hochbrueckner. Well, we are well on our way. In light of
the lack of controversy anticipated, you may actually exceed the
normal five minutes that we normally accord to witnesses. So feel
free, and we are certainly here to listen and to learn.

At this time, I would like to bring on the panel of witnesses, and
we will go by order of how you are listed on the witness list.

STATEMENTS OF DON BARRY, COUNSELOR TO ASSISTANT SEC-
RETARY FOR FISH AND WILDLIFE AND PARKS, DEPARTMENT
OF THE INTERIOR; AMOS ENO, EXECUTIVE DIRECTOR, NATION-
AL FISH AND WILDLIFE FOUNDATION; GARY MYERS, EXECU-
TIVE DIRECTOR, TENNESSEE WILDLIFE RESOURCE AGENCY,
ON BEHALF OF THE INTERNATIONAL ASSOCIATION OF FISH
AND WILDLIFE AGENCIES; MIKE DENNIS, GENERAL COUNSEL,
THE NATURE CONSERVANCY; AND SCOTT SUTHERLAND, DI-
RECTOR OF FEDERAL RELATIONS, DUCKS UNLIMITED

Mr. Hochbrueckner. First, Mr. Don Barry, the Counselor to As-
sistant Secretary for Fish and Wildlife and Parks, Department of
the Interior. Mr. Barry.

STATEMENT OF DON BARRY

Mr. Barry. Thank you, Mr. Chairman. I appreciate the opportu-
nity to testify on the reauthorization of the National Fish and
Wildlife Foundation.

I would like to stress the fact that both Secretary Babbitt and
Assistant Secretary Frampton have each had an opportunity to
review the work of the Fish and Wildlife Foundation firsthand and
both believe the Foundation is an effective, flexible and cost-effec-
tive vehicle to foster the conservation of fish and wildlife and the
critical habitats on which they depend.

We at the Department of the Interior are very pleased to endorse
this important program and the Foundation's work, to support its
reauthorization, and to tell you that we believe it has significant
potential for providing greater assistance to this Administration in
realizing our conservation objectives.

Among these objectives are enhanced partnerships between pri-
vate interests and the State and Federal Governments, greater reli-
ance on science, and creative new ways to approach conservation of
species and their habitats.

The Administration commends you and your staff for your ef-
forts on your draft bill. We endorse it generally. Specifically, we
support the increase in the size of the Board of Directors from 9 to
15 members, and we will be considering a State fish and wildlife
director among the new appointees in order to enhance coordina-
tion and communication with the States.

In recognition of the responsibilities of the National Marine Fish-
eries Service, the Administration supports the inclusion of the Na-



tional Oceanic and Atmospheric Administration in Section 2(b) of
the Foundation's organic act.

With respect to the funding authority, we note over the past sev-
eral years appropriations have been at the level of $5 million. For
fiscal year 1994, our budget amendment to fund the National Bio-
logical Survey requested an additional $2.5 million for the Fish and
Wildlife Foundation, totaling $7.5 million for fiscal year 1994. The
Foundation appropriations are very cost-effective because they help
produce two or three times the appropriated amounts in private
sector dollars. With this in mind, we will carefully examine future
funding of the Foundation in the budget process for fiscal 1995 and
beyond.

Attached to my statement are some examples of the kinds of pro-
grams and projects that have been supported by the Foundation
and have made it such a success. There are three important exam-
ples I would like to mention today.

The first involves Secretary Babbitt's initiative with the Ever-
glades and Florida Bay. The Bay is a degenerating ecosystem, as
evidenced by a massive die-off of sea grasses and by algal blooms.
The cause of the problem is in dispute, but the lack of freshwater is
a strong possibility. In order to get beyond the controversy, the Sec-
retary asked the Fish and Wildlife Foundation to host a peer
review panel composed of eight top marine scientists to work with
the Department of the Interior to develop a plan of action. The
Foundation has provided the initial funding and coordination for
this effort.

The second example I would like to cite is the North American
Waterfowl Management program through which important wet-
land habitats are being acquired, protected and restored across the
United States, Canada and Mexico. The Foundation has been in-
strumental in promoting partnerships under the plan by providing
matching grants for implementation of specific high-priority
projects in key areas.

In short, the Foundation, we feel, has been essential for the plan
being a success today. Early and active involvement in the Founda-
tion's work has provided a model for involving all interested par-
ties, including States, Federal agencies and nonprofit organizations,
in cooperative partnerships with private landowners.

The third and final example relates to Secretary Babbitt's initia-
tives to protect the gnatcatcher.

Several years ago, the State of California approached the Foun-
dation for assistance in conserving biodiversity in the State. They
were impressed with the Gap Analysis project in Idaho, but, due to
the land use planning process in California, wanted a similar anal-
ysis stepped down to the county level in California.

One particular problem was incompatible data bases, and the
Foundation provided a grant not only to integrate the data bases
across the State but to provide the additional detail needed at the
county level.

Secretary Babbitt, in listing the gnatcatcher as "threatened"
under the Endangered Species Act, proposed a special rule that rec-
ognizes the regional conservation efforts in Southern California.
The Secretary believes this can serve as a model to the Nation in
order to work cooperatively in preserving ecosystems.



In summary, Mr. Chairman, we look forward to enactment of
your draft legislation to reauthorize the National Fish and Wildlife
Foundation. We believe it is an organization that has proved its
worth.

I would be a happy to respond to any further questions you may
have. Thank you.

Mr. HocHBRUECKNER. Thank you, Mr. Barry.

[The statement of Mr. Barry may be found at end of hearing.]

Mr. HocHBRUECKNER. At this point, we would like to hear from
Mr. Amos Eno, Executive Director of the National Fish and Wild-
life Foundation.

STATEMENT OF AMOS ENO

Mr. Eno. Thank you, Mr. Chairman.

I am Amos Eno, Executive Director of the Foundation.

I am particularly pleased to be with you this morning. This is
the Committee that created the Foundation, that has supported us
since our existence and is largely credited with the success we have
had to date.

We were created by Congress. Our mission is to forge partner-
ships. We forge these partnerships between our host agency, the
U.S. Fish and Wildlife Service, a plethora of other Federal agen-
cies—ranging from NOAA to USDA to the Department of De-
fense—State agencies, and the private sector, including conserva-
tion groups, universities and very inclusively corporate America.

Since our inception, the Foundation has funded 785 projects —
and that is in just under seven years — converting more than $28
million in Federal funds into $90.4 million in total grants for on-
the-ground conservation. That is a ratio of $2.09 of non-Federal
money for each Federal dollar appropriated to the Foundation.

The projects have been conducted with seven Federal agencies,
61 State and Canadian provincial agencies, 36 colleges and univer-
sities and 207 different conservation groups ranging from The
Nature Conservancy and Ducks Unlimited here, to Manomet Bird
Observatory, Oregon Trout, Long Live the Kings in Washington.

The Chairman has asked us to assess our effectiveness in con-
serving and restoring fish and wildlife resources. For the record, I
think we are an unmitigated success story on several levels.

First, those 785 projects that we funded are important on-the-
ground contributions to fish and wildlife conservation.

Second, many of the projects we funded have become institution-
alized and are now ongoing programs at the Federal and State
level.

This is a critical point which I wish to emphasize and really a
distinguishing feature of how the Foundation operates. We could be
just another small pot of money reasonably well applied to a
worthy cause. However, our grants are designed to solve problems,
and we have an exceptional rate of return on institutionalizing our
prototypes at the State and Federal level where resources are ten
to a hundred more than what we bring to bear.

Finally, by not funding lobbying and litigation, we have often im-
proved the effectiveness of many of our partners by bringing people
together to craft solutions that work that would stand the test of



6

time and that are outside the traditional realm of polarized advoca-
cy that plagues so many environmental issues.

Let me elaborate on how the Foundation operates. We have
three basic tenets that govern our day to day operations.

First, we seek out and fund innovative on-the-ground projects
that can be models for conservation.

Second, we stay lean, flexible and minimize our operating costs.
In other words, we have no intention of becoming another environ-
mental bureaucracy.

Third, to achieve — we aim to achieve maximum financial and
policy leverage in return for our investments.

I want to stress that we are absolutely committed to maintaining
our institutional cost-effectiveness. The Committee should under-
stand that no portion of the Federal matching moneys is applied to
the Foundation's operating budgets, to salaries, rent, any sort of
overhead expense. All the operating costs are met solely with con-
tributions from private sources including individuals, foundations
and corporations.

The Foundation has a stated commitment to hold our overhead
to less than 5 percent of our year to year operating budget.

We currently have five major initiatives under which we award
grants: First, the North American Wetlands Partnership; second,
Fisheries Management; third, our Neotropical Migratory Bird Pro-
gram; fourth. Conservation Education and Leadership Training.
And the fifth category is Wildlife and Habitat.

I will give you examples.

Under wetlands conservation, the Foundation used its first con-
gressional appropriations to jump-start the North American Water-
fowl Management Plan, and we continue as a driving force to this
day.

To date, we have underwritten projects in 34 States, totaling $40
million for acquisition and wetlands habitat restoration, and we
have impacted over 1.6 million acres of wetland habitat throughout
the United States, Canada and Mexico.

Today, the emphasis has evolved to supporting private land
grants, working with private landowners voluntarily to restore or
rehabilitate wetlands habitats, and we have made State-wide
grants in Minnesota, Oklahoma and Texas.

On the inland and marine fisheries side, the Foundation is at-
tempting to fundamentally change the way fisheries management
is conducted in this country toward a focus on watersheds and
habitats and that they be the primary focus of management agen-
cies.

Consistent with this goal, we are funding the Bring Back the Na-
tives program of the Bureau of Land Management and the Forest
Service where, for the first time, entire riverine systems are man-
aged for native species, especially systems where the Forest Service
and Bureau of Land Management enjoy adjoining jurisdiction.
There are now 47 different rivers and streams in 15 States as part
of this program.

In the east, we are funding a similar program on the Beaverkill
River in New York. We are funding several programs in the far
west that are aimed specifically at Pacific salmon restoration, Wil-



lover Bay and its tributaries. We have pioneered the work on the
striped bass and on the Atlantic sturgeon on the Atlantic side.

On the salt water side, the Foundation is pursuing projects to re-
vitalize marine fisheries. And probably the best example I can cite
is our just-concluded last week buy-out of the West Greenland
NASCO sea salmon quota.

Your Committee and Congress has spent millions of dollars in
the last decade trying to restore Atlantic salmon, but, basically,
large numbers of fish are not returning to our rivers to spawn.
This is largely due to the Greenland fishery which is harvesting
the spawners in the late summer by the hundreds of tons.

Last week, we just purchased the entire 1993-1994 high seas
quota for Greenland which will enable some 88,000 spawning fish
to return to the natal rivers in the United States and Canada.


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Online LibraryUnknownNational Fish and Wildlife Foundation reauthorization : hearing before the Subcommittee on Environment and Natural Resources of the Committee on Merchant Marine and Fisheries, House of Representatives, One Hundred Third Congress, first session, on reauthorizing the National Fish and Wildlife Foundat → online text (page 1 of 14)