STATUS OF THE AQUACULTURE AND PUBLIC RESOURCE DEPREDATION ORDERS TO ADDRESS RESOURCE DAMAGE ISSUES ASSOCIATED WITH CORMORANTS

John E. McConnell*, Kristina C. Godwin, Kimberly Wagner and Stephen R. Kendrot
 
USDA, APHIS, Wildlife Services (WS)
920 Main Campus Drive, Suite 200
Raleigh, NC 27606
John.e.mcconnell@aphis.usda.gov
 

Over the past 40 years a significant rise in the population of the double-crested-cormorant (Phala-crocorax auritus) a long-lived fish eating bird has led to cormorant-society conflicts associated with commercial and natural resources such as aquaculture, property and fisheries.   Before 1998, the only authority for authorizing lethal take of depredating cormorants by the U. S. Fish and Wildlife Service (USFWS), the Federal agency responsible for overseeing species protected by the Migratory Bird Treaty Act, was through the issuance of depredation permits under the existing federal regulations 50 C.F.R 21.41.  In the 1990's, DCCO's became a management priority for the USFWS as conflicts, real or perceived, continued to escalate.  Following extensive National Environmental Policy Act and rule making process review the USFWS in cooperation with USDA Wildlife Services recommended new options to address cormorant conflicts.  The Aquaculture Depredation Order (AQDO) was issued in 1998.  A 2003 Final Environmental Impact Statement led to the Public Resource Depredation Order (PRDO) and updates to the AQDA.  The AQDO and PRDO affected 13 and 24 states respectively, providing producers and management agencies increased flexibility including the use of lethal control while maintaining sustainable cormorant populations.

In accordance with NEPA procedures, the orders were reviewed and renewed via Environmental Assessments (EA) in 2009 and 2014.  However, in May 2016 the orders were vacated when a federal judge concluded that the USFWS did not adequately consider the impacts on cormorant population and failed to consider additional alternatives under the EA issued in 2014.  Without the orders and adequate NEPA documentation the USFWS stopped issuing or renewing depredation permits for cormorant take in states previously covered by the orders.  Decisions by the USFWS regarding pending permit applications and processes for the take of cormorants at aquaculture facilities, the protection of natural resources, private property and human health and safety need to be made.  Thus, the USFWS in cooperation with WS has developed an EA to comply with the NEPA process and determine if proposed actions may significantly impact the environment.  The EA proposes depredation permits across 37 central and eastern states as the mechanism to manage cormorant conflicts.  Information on the cormorant management EA status and content, resource damage, management outcomes and the future in regards to cormorant management will be presented.