Cormorant Relief Act of 2025
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Would require the Department of the Interior to reissue a depredation order allowing aquaculture operators and licensed lake and pond managers in more than two dozen states to legally take double-crested cormorants threatening their operations — without needing an individual federal permit.
The original depredation order was vacated by a court in 2016, leaving aquaculture producers without the streamlined legal protection against cormorant damage they previously had. This bill would restore and expand that protection.
What this bill would do
What it would do
The bill would direct the Secretary of the Interior, acting through the U.S. Fish and Wildlife Service, to reissue a depredation order for double-crested cormorants at aquaculture facilities. That order, originally codified at 50 C.F.R. § 21.47, was vacated by a court in 2016. Reissuing it would allow landowners, operators, tenants, and employees of aquaculture entities — as well as licensed private lake and pond managers — to kill, capture, disperse, or transport the carcasses of double-crested cormorants causing or threatening harm at aquaculture facilities and fish hatcheries, without obtaining an individual Migratory Bird Treaty Act permit.
The reissued order would expand geographic coverage by adding California, Colorado, Connecticut, Illinois, Indiana, Iowa, Michigan, Missouri, New Jersey, Ohio, Pennsylvania, and Wisconsin to the states already covered. The Secretary must also renew the order at least every five years. The bill explicitly preserves the obligation to comply with the National Environmental Policy Act and the Migratory Bird Treaty Act, and it updates recordkeeping requirements and terminology from the original rule.
Key provisions
- 1Would require the Secretary of the Interior to reissue the depredation order for double-crested cormorants at aquaculture facilities, restoring permit-free take authority vacated by court in 2016.
- 2Would expand the reissued order to cover 12 additional states — California, Colorado, Connecticut, Illinois, Indiana, Iowa, Michigan, Missouri, New Jersey, Ohio, Pennsylvania, and Wisconsin — plus any other state the Secretary deems appropriate.
- 3Would extend the reissued order to licensed private lake and pond managers, in addition to the aquaculture operators and hatchery personnel covered by the original order.
- 4Would remove the June 30, 2014, expiration date from the original order and require the Secretary to renew the depredation order at least every five years.
- 5Would preserve the Secretary's obligations to comply with the National Environmental Policy Act and the Migratory Bird Treaty Act when reissuing the order.
Who would be affected
Owners and operators of aquaculture facilities (such as fish farms and catfish ponds), state and federal fish hatchery staff, and licensed private lake and pond managers in the states covered by the expanded order — spanning the South, Midwest, and parts of the Northeast and West. Double-crested cormorant populations in those states would also be directly affected.
Why it matters
Without a depredation order, aquaculture operators must apply for individual federal permits each time they want to legally control cormorants, which is slow and costly. Reissuing the order would restore permit-free authority to act quickly when birds threaten fish stocks or hatcheries, and would extend that protection to lake and pond managers and to over a dozen states not covered by the 2016-era rule.
What would change
Agencies directed to act
Funding and costs
Congressional Budget Office estimate
CBO estimates that enacting H.R. 2293, the Cormorant Relief Act of 2025, would have a negligible effect on the federal deficit over the 2025–2035 period, with all budgetary effects falling between zero and $500,000.
CBO estimates that H.R. 2293 would have a negligible effect on net direct spending and revenues over the 2025–2035 period, with all changes falling between zero and $500,000. The bill would eliminate the need for permits to take (kill or capture) double-crested cormorants at aquaculture facilities and fish hatcheries in 29 states, slightly reducing the permit fees the U.S. Fish and Wildlife Service collects (recorded as offsetting receipts) and minimally affecting civil and criminal penalties under the Migratory Bird Treaty Act (recorded as revenues); CBO expects both effects to be insignificant given the small number of relevant cases. Administrative costs to reissue the depredation order would also be insignificant and subject to appropriated funds. CBO found no intergovernmental or private-sector mandates in the bill.
How implementation would work
The U.S. Fish and Wildlife Service would need to complete any required environmental review under NEPA and then formally reissue the depredation order as a federal regulation. The order must incorporate modern terminology, simplified compliance language, updated recordkeeping requirements, and have no expiration date (unlike the original). Once reissued, the Secretary must renew the order on at least a five-year cycle. Authorized parties — aquaculture operators, fish hatchery staff, and licensed lake and pond managers — would act under the order without individual permits but remain subject to applicable recordkeeping rules.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Official CRS summary
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This bill requires the Department of the Interior to reissue the depredation order for double-crested cormorants at aquaculture facilities in certain states. (The previous order was vacated in 2016 by court order.)
Depredation orders allow for the taking (i.e., capturing, killing, dispersing, or transport of the carcass) of a specified species without a permit, generally to reduce damage caused by the species or to protect interests like health or property. Reissuing this order authorizes landowners, operators, tenants, and employees of entities engaged in aquaculture to take double-crested cormorants that are causing or threatening harm at aquaculture facilities and state and federal fish hatcheries.
Interior must reissue the depredation order with updates, including an expansion of (1) the number of states covered by the order, and (2) the entities to whom the order applies (i.e., private lake and pond managers who are licensed by the state).
Under the bill, Interior must renew the depredation order every five years.
Legislative subjects
Alabama; Animals; Aquaculture; Arkansas; Birds; California; Colorado; Connecticut; Florida; Georgia; Illinois; Indiana; Iowa; Kentucky; Lakes and rivers; Louisiana; Michigan; Minnesota; Mississippi; Missouri; New Jersey; North Carolina; Ohio; Oklahoma; Pennsylvania; South Carolina; Tennessee; Texas; Wildlife conservation and habitat protection; Wisconsin
Committee report
H. Rept. 119-285