Here is the response I received from Craig Bonds.......
Mr. Ron Carter, Mr. Clint Wade, and Mr. Dave Krantz,
Thanks to each of you for reaching out to me on this issue (all three emails are included below for reference). From Ron's email, I understand this topic was raised in an online column, so I'm copying Mr. James Bendele on my response, as it is most efficient for me to send one email instead of four separately.
I hear your concerns about the number of cormorants observed on Falcon Lake. I understand you are also concerned that these birds are depredating across the state, but are particularly abundant at Falcon Lake. I can also attest to their numbers, as I've seen them for myself. While stocking ShareLunker offspring bass in May 2016 at Falcon Lake, James took me for a boat ride to disperse some of the fish away from the boat ramp and into good habitat. While in transit, James showed me at least one shoreline with a large colony of resting cormorants. I've never seen that many cormorants in one spot before, and it was memorable observation for me. Please see attached pictures from that day. The pictures confirm reports of observations of large numbers of cormorants present. One of the reasons that Falcon Lake may be exposed to higher numbers of birds than other reservoirs in Texas is because it is visited in winter months by large numbers of migrating double-crested cormorants (which breed in the Upper Midwestern and Great Lakes US states, but fly down and feed seasonally in the South), as well as year-round resident and breeding colonies of neotropic cormorants (which are found throughout Central America, Mexico, and Southwestern US states, including Texas). These two species look similar, but there are subtle differences. On May 3, 2016, Inland Fisheries biologists from our San Antonio office (Randy Myers is copied on this email) and Wildlife biologist, Eric Garza, along with others, spent a morning on Falcon viewing cormorants. They encountered individuals, groups up to 20, and a resting flock estimated to number 3,000 birds. All agreed that birds glassed were neo-tropical.
The primary challenge with managing cormorants is the fact that TPWD has no jurisdictional authority over their management; however, this does not mean that we haven't been working very hard to influence and help resolve bird- and fish-related conflicts. Both species of cormorants are managed by the US Fish and Wildlife Service (USFWS) under the purview of the Migratory Bird Treaty Act, which includes four separate, but linked treaties signed between the US and Canada, Mexico, Japan, and Russia. This treaty prevents the taking (i.e. lethal control) of migratory birds unless specifically authorized by either an individual (i.e. case by case) depredation permit or depredation order (i.e. general authority to take without a permit) through the Code of Federal Regulations.
After 1998, the USFWS issued a depredation order (DO) authorizing commercial aquaculture producers in 13 states, including Texas, to take double-crested cormorants without a federal permit. In 2003, the USFWS published a final Environmental Impact Statement and a modified Aquaculture DO and a Public Resource DO, eliminating the individual permit requirements. The 2 DOs were reviewed and renewed every 5 years, in 2009 and 2014. In May 2016, the DOs were vacated by U.S. District Court for the District of Columbia due to litigation brought by bird conservationists. This halted, temporarily, any lethal take of cormorants. This court decision stripped the TPWDs authority to issue our own cormorant take permits that we were providing to private pond owners and aquaculturists under these DOs. The court determined that the USFWS did not sufficiently consider effects of the DOs on double-crested cormorant populations and failed to consider a reasonable range of alternatives in the Environmental Assessment, or EA, review in 2014. David, the South Carolina example that you referenced, where waterfowl hunters were "deputized" by the state to take cormorants, was specifically cited by the plaintiffs in their successful lawsuit. That authority exercised by South Carolina, under the Public Resource DO, was also nullified by the court decision.
The USFWS then reverted to issuance of individual permits, but these were halted until a new EA could be performed. The USFWS filed notice of the completed EA on November 15, 2017. The USFWS began issuing individual permits for take across 37 states. The USFWS issued a finding of no significant impact as a result of the proposed action, based on bird population modeling, but theyve been directed to take a conservative and cautious approach. The scope of the 2017 EA was limited to 1) protecting aquaculture facilities, 2) alleviating human health and safety concerns, 3) protecting threatened and endangered species, and 4) reducing damage to property. Cormorant depredation on free-swimming fish populations in public or private lakes and ponds were excluded from this action step. The Service claimed that this alternative was rejected due to limited data; confounding factors preventing the establishment of causative relationships on larger bodies of water; and, the need for additional analysis beyond the existing EA. Through their action, the Service intended to provided more immediate relief to economic damages to the aquaculture industry and tackle the public resource issue later.
On February 27, 2018, TPW Commission Chairman Ralph Duggins, Ross Melinchuk (then TPWD Director of Conservation Programs), and I traveled to the Department on Interior in Washington, DC, to meet with USFWS staff, including Greg Sheehan (then Principal Deputy Director), Steve Guertin (Deputy Director), and Ken Richkus (Deputy Chief of Migratory Bird Management) to discuss the need and explore potential options for expanding lethal take options to free-swimming fish populations in public and private waters. At this meeting, we were able to share perspectives and explore ideas for possible solutions. I showed them the picture I took at Falcon Lake.
I gave a presentation on this topic to the TPW Commission on March 22, 2018. The audio and transcript (scroll down to bottom) of that presentation can be found on our agency's website.
During this time period, State and Federal fish and wildlife agency leaders recognized the heightened need to resolve bird- and fish-related conflicts, as well as the need to provide a more structured way for fisheries and bird professionals to collaborate together to try and seek solutions. One of the challenges in resolving this issue is that migratory birds are managed by wildlife professionals at the federal flyway level, but the depredation conflicts from those birds falls on fisheries resources, anglers, and fisheries managers. Previous to very recently, there hasnt been an effective platform for bird and fisheries resource managers across the country to communicate well and better understand each others disciplines related to this issue.
The Association of Fish and Wildlife Agencies (AFWA) created a Bird- and Fish-Related Conflicts Working Group in 2018, which consists of state and federal members of their Fisheries and Water Resources Policy Committee and their Bird Conservation Committee. I was appointed Co-Chair of this Working Group. We were given a working charge and have been meeting and communicating (in person, as well as through numerous conference calls), as a group, to better understand the issue and recommend potential solutions. This committee conducted a survey of state-agency fisheries chiefs to help define the scope and magnitude of the problem in each state.
During August of 2018, the USFWS Migratory Bird Program staff held four regional workshops across the country in an effort to hear from state agencies and better define the scope of the problem associated with double-crested cormorants (and other bird species such as neotropic cormorants and white pelicans), and better understand how those issues may differ regionally and by water-body type (Great Lakes, Southern large reservoirs, urban small ponds, private lakes, out-migrating salmon fisheries in Pacific Northwestern states, etc. the issues vary greatly and are nuanced; different water bodies are more or less resilient to cormorant depredation). TPWD staff (myself; Todd Engeling, Inland Fisheries Hatchery Chief; and Cliff Shackelford, Wildlife Ornithologist) attended and participated in the workshop held in Little Rock, AR. I was contacted by the workshops facilitator prior to meeting in order to conduct a telephone interview and provide more specific insights into the issue in Texas. The summary report is housed at the following website, so that you may download it if you choose:
https://djcase.com/DCCO. The Falcon Lake pictures and specific challenges associated with presence of neotropic cormorants was conveyed during the workshop.
Just this past month (March 2019), I traveled with the leadership team of AFWAs Bird- and Fish-Related Conflicts Working Group to attend a 2-day meeting at the USFWS HQ in Falls Church, VA, to discuss the workshop findings and potential next steps towards a solution with the USFWS Migratory Bird Program HQ and regional staffs. Outcomes could involve a range of options that may involve lethal control of cormorants in certain circumstances and in an adaptive process one that would be more resilient to future litigation by bird conservationist groups who may hold different values and perspectives from fisheries enthusiasts. I am hopeful and anticipate that the USFWS will issue some communication soon on next action steps, resulting from this meeting.
Furthermore, our Bird- and Fish-Related Conflict Working Group, in an effort to keep this topic on the tops of minds of natural resource professionals and leaders, will be holding a special symposium at the joint meeting of the American Fisheries Society and The Wildlife Society this coming September. I suspect the attached pictures will get some screen time.
The take home message is this is a federally-managed issue. State agencies, including TPWD, have worked hard to gain a seat at the table and provide input, perspectives, and recommendations to the USFWS, but ultimately, decisions on lethal take of cormorants are entirely within the federal purview. I have spent a significant portion of my work efforts, over the course of the past two years on this topic. I understand that fisheries enthusiasts have concerns and are frustrated with the process. I, too, get frustrated with the pace in which complex natural resource issues and associated social conflicts get addressed and resolved, especially those issues where you dont have legal authority over the process. Weve finally been given access to at least provide input at the highest decision-making levels and from the fisheries perspective. All I can say is that staff and I, as well as colleagues across the entire country, are working very hard on this issue, and we will continue to engage and influence the best we can.
One thing that anglers and fisheries enthusiasts can do is make your opinions and concerns known, but directed to your US Congressional representation, as well as staff members of the USFWS Migratory Bird Program (at either the regional or national level). As a federal issue, this is where public influence should to be directed. Having said that, I am always interested in hearing the concerns and opinions of Texas anglers. Please feel free to call my office number below anytime if you would like to discuss further or ask questions.
Thanks,
Craig Bonds
Inland Fisheries Division Director
Texas Parks and Wildlife Department
512.389.4643