CAPITOL FLYER

The National Wildlife Refuge Association (NWRA) has learned that the U.S. Fish and Wildlife Service (FWS) plans to issue a draft annual funding agreement (AFA) sometime in the next few weeks for public comment. The AFA will be an agreement between the FWS and Confederated Salish and Kootenai Tribes (CSKT), allowing the Tribes to perform certain refuge functions.

As a result of this effort and the recently signed Yukon Flats AFA, the first AFA ever for a national wildlife refuge (NWR), the NWRA has developed a set of "Guiding Principles." The principles are recommended guidelines under which the FWS should craft AFAs for refuges.

The CSKT want to enter into an AFA with the FWS for the National Bison Range and several other refuges within the Flathead Indian Reservation boundaries (Ninepipe and Pablo NWRs). The AFA negotiations have involved discussions of the Tribe's desire to take over some degree of management on the Refuge, in addition to a number of activities the FWS might otherwise contract to outside entities. The NWRA has expressed its strong belief that an agreement designed to transfer management authority over a refuge to a non-FWS entity is contrary to existing law and precedence. The Association has asserted that the administration of the Bison Range, and the National Wildlife Refuge System (NWRS) generally, is an inherently federal responsibility. According to the "Indian Self-Determination and Education Assistance Act" (ISDEAA), Public Law 93-638, tribes cannot perform functions that are inherently federal. Unfortunately, what qualifies as "inherently federal" has not been clearly defined and continues to be the subject of much debate.

The U.S. House of Representatives passed its version of a bill funding the Department of the Interior (H.R. 4568) in fiscal year 2005 (FY05) on June 17. The legislation included funding for the FWS, among other agencies.

The operations and maintenance account for the Refuge System was approved at $389,427,000. This funding level is $2,066,000 less than the FY04 enacted level, but an increase of $1,770,000 over the administration's FY05 request. While not particularly good news from a numbers perspective, many had anticipated far worse given the current budget climate in Congress.

The House bill includes language appropriating money for cooperative invasive species projects with Friends groups. This allocation is a direct result of the coordinated effort by the NWRA working with Friends groups who communicated with their elected representatives to request invasive species funding projects. The NWRA is actively working to ensure this language is included in the final appropriations legislation Congress sends to the President.

It is also important to note that $2 million was allocated to restore the severe cuts proposed in the administration's request for the Visitor Facilities Enhancement program, and $1.9 million was allocated to restore the base operations program under Visitor Services. The NWRA sent an Action Alert to Friends groups and members regarding Visitor Services and Facility Enhancement funding on March 15 and spoke directly with several groups to ensure members requested the subcommittee reinstate the funds.

Meanwhile, the Senate Interior Appropriations Subcommittee has drafted, and forwarded to the full Appropriations Committee without holding a markup, a $19.8 billion FY05 spending measure. The Interior Subcommittee decided to forgo a formal markup - which is not unusual for Senate Appropriations subcommittees - and send the draft bill to the full committee, where a markup is not expected until after the July Fourth recess. At the time this article was written, spending levels for the FWS and the NWRS were unavailable for the Senate bill.

Congress has passed a fourth extension of the current transportation law, extending current highway spending levels until July 30. However, completion of the highway bill currently under consideration, the Transportation Equity Act, is unlikely before the August Congressional recess.

The House and Senate have appointed a conference committee (see list below) to debate the six-year Transportation Equity Act, a bill that will fund highway projects across the country. The Senate passed its version of the transportation bill, funding refuge roads at $30 million, while the House passed its version funding refuge roads at $20 million.

The NWRA encourages you to contact your member of Congress to recommend the highest funding level possible for refuge roads. Members of Congress appointed to the conference committee are in a particularly important position for influencing the amount of funding in the transportation bill going to refuges.

Conferees for the Transportation Equity Act (2004):

ALASKA: Rep. Don Young (R-At-Large) Committee Chair; ALABAMA: Sen. Richard Shelby (R), Rep. Spencer Bachus (R-6th); ARIZONA: Sen. John McCain (R); CALIFORNIA: Sen. Barbara Boxer (D), Rep. Gary Miller (R-42nd), Rep. Bob Filner (D-51st); COLORADO: Rep. Bob Beauprez (R-7th); CONNECTICUT: Sen. Joseph Lieberman (D); WASHINGTON, DC: Del. Eleanor Holmes Norton (D-At-Large); FLORIDA: Sen. Bob Graham (D), Rep. John Mica (R-7th), Rep. Corrine Brown (D-3rd); IOWA: Sen. Charles Grassley (R); ILLINOIS: Rep. William Lipinski (D-3rd) Subcommittee Ranking Member, Rep. Jerry Costello (D-12th); KENTUCKY: Sen. Mitch McConnell (R); MARYLAND: Sen. Paul Sarbanes (D); MICHIGAN: Rep. Peter Hoekstra (R-2nd), Rep. Vernon Ehlers (R-3rd); MINNESOTA: Rep. James Oberstar (D-8th); MISSOURI: Sen. Christopher "Kit" Bond (R) Subcommittee Chair; MISSISSIPPI: Sen. Trent Lott (R); MONTANA: Sen. Max Baucus (D) Committee Ranking Member, Rep. Dennis Rehberg (R-At-Large); NORTH CAROLINA: Rep. Howard Coble (R-6th); NORTH DAKOTA: Sen. Kent Conrad (D); NEW JERSEY: Rep. Robert Menendez (D-13th); NEVADA: Sen. Harry Reid (D) Subcommittee Ranking Member; NEW YORK: Rep. Jerrold Nadler (D-8th), Rep. Sherwood Boehlert (R-24th); OHIO: Sen. Voinovich (R), Rep. Steven LaTourette (R-14th); OKLAHOMA: Sen. James Inhofe (R) Committee Chair; and Sen. Don Nickles (R); OREGON: Rep. Peter DeFazio (D-4th); SOUTH CAROLINA: Sen. Ernest Hollings (D); SOUTH DAKOTA: Sen. Thomas Daschle (D); TENNESSEE: Rep. John Duncan, Jr. (R-2nd); TEXAS: Rep. Eddie Bernice Johnson (D-30th); UTAH: Sen. Orrin Hatch (R); VIRGINIA: Sen. John Warner (R); VERMONT: Sen. James Jeffords (I) Committee Ranking Member; WISCONSIN: Rep. Thomas Petri (R-6th) Subcommittee Chair; WEST VIRGINIA: Rep. Nick Rahall II (D-3rd)

As reported in the June 2004 issue of Capitol Flyer, two bills affecting NWRA supporters are currently being considered by the U.S. Senate. The first, H.R. 1204, would amend the National Wildlife Refuge System Administration Act of 1966 to establish requirements for the award of concessions in the Refuge System, to provide for maintenance and repair of properties located in the System by concessionaires authorized to use such properties, and for other purposes.

The second bill, H.R. 2408, would amend the Fish and Wildlife Act of 1956 to reauthorize volunteer programs and community partnerships for national wildlife refuges (NWR) and for other purposes. On June 23, the Senate Environment and Public Works Committee favorably reported H.R. 2408 without any amendments. Currently, the legislation is pending consideration on the Senate floor.

According to Environment and Public Works Committee staff, H.R. 1204 is unlikely to be considered before the end of the 108th Congress.

On June 29, the Scott County Board of Commissioners unanimously denied a request to build a 19,250-seat amphitheater bordering the Louisville Swamp unit of the Minnesota Valley National Wildlife Refuge. The amphitheater was proposed by New York City-based music promoter Q Prime, Inc., which represents bands like Metallica, Def Leppard and Garbage.

Friends of the Minnesota Valley, an organization dedicated to the protection of Minnesota Valley NWR, working with the NWRA and other conservation organizations, actively opposed the amphitheater. The Friends group argued that noise from the amphitheater would be harmful to wildlife and to people's enjoyment of the Refuge.

Further legal action by Q Prime is anticipated.

Beginning today, the 2004-2005 Federal and Junior Duck Stamps are available for sale. Duck stamps are available at post offices, national wildlife refuges, some national retail chain stores, and various sporting-goods stores nationwide. This year's duck stamp features a pair of flying Redheads, painted by wildlife artist Scot Storm, of Sartell, MN.

The Migratory Bird Hunting and Conservation Stamp, the stamp's official name, began in the mid-1930s. The stamp has been used as a successful funding mechanism for the NWRS. Sales from the duck stamp have brought in over $670 million and funded more than five million acres of valuable wetland habitat. Approximately $25 million a year is currently collected through stamp sales. For every dollar spent on Federal Duck Stamps, ninety-eight cents go directly to purchasing vital habitat for the Refuge System.

In addition to the waterfowl hunters who are required to have the stamp, stamp collectors, wildlife art enthusiasts, wildlife conservationists, and birders often buy Federal Duck Stamps. The 2004-2005 stamps can also be used to gain admission to any national wildlife refuge that charges an entrance fee until June 2005.

The House Resources Subcommittee on Fisheries Conservation, Wildlife and Oceans held a hearing June 24 on legislation that would give the Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) the authority to kill, or issue permits to kill, migratory birds.

Management of migratory birds is governed by the Migratory Bird Treaty Act, which sought to put an end to the feather trade that was devastating many bird populations. Under the 1918 act, it is illegal to kill or capture migratory birds. The FWS is responsible for protecting the 836 species of birds listed under the act.

The legislation considered by the Subcommittee, H.R. 3320, the American Aquaculture and Fishery Resources Protection Act, exempts any migratory bird management activities undertaken by APHIS from the National Environmental Policy Act (NEPA) of 1969, eliminating analyses and public comment requirements.

One of the birds protected under the Migratory Bird Treaty Act, the cormorant, is often considered a pest by fishermen. Last October, the FWS issued rules allowing flexibility in the control of double-crested cormorants, including permitting the agency to kill the birds in winter roosts near fish farms and hatcheries. The rules also allow 24 states to "control" cormorants that are threatening public resources such as commercial aquaculture, recreational fisheries, vegetation, and the habitat of other colonial nesting birds. The rule is being challenged in court.

Cormorants in Arkansas and Mississippi have discovered that catfish farms offer an abundance of easily caught food. Catfish farm operators, upset that they cannot shoot the birds, have complained to their representatives. Those complaints are said to be the reason for H.R. 3320.

The Florida salt marsh vole is so rare, until this year only 15 of this subspecies had been found in the last 22 years, all at one site near Cedar Key, FL. However, this spring, a search on the Lower Suwannee NWR turned up three salt marsh voles.

The salt marsh vole is larger in size than its northern cousin, the meadow vole, and prefers areas in the salt marsh dominated by seashore salt grass, especially where the grass is tall and dense.

Because of the extremely small numbers and limited geographic locations of Florida salt marsh voles, a single catastrophe like a hurricane could totally eliminate this subspecies. The salt marsh vole was federally listed as an endangered species in January 1991.

Recently, seemingly without reason, 27,000 white pelicans left their nests at the Chase Lake NWR in North Dakota. FWS employees are puzzled as to why the birds left, leaving behind thousands of eggs. Reports from the Turtle Mountains and Missouri River area in North Dakota and from wildlife refuges in neighboring South Dakota and Minnesota indicated increases in white pelicans shortly thereafter. The Chase Lake NWR birds had traveled north, south, east and west.

The mass exodus is without precedent. According to Ken Torkelson, a FWS spokesman, "There have been abandonments before, but not here and not without apparent reason." Human interference has been ruled out. The Refuge is in a sparsely populated area of the state and two of the three pelican colonies were on islands not easily reached by people.

Researchers are examining pelican records for the site dating back to the early 1970s for any possible clues that could explain the abandonment. Despite the abandonment of Chase Lake NWR, officials say pelican populations are healthy on a nationwide level and the problem seems localized.