H.R. 2293, Cormorant Relief Act of 2025

H.R. 2293 would direct the Department of the Interior (DOI) to reissue the depredation order, “Depredation Order for Double-crested Cormorants at Aquaculture Facilities,” as in effect on January 1, 2016. That order—issued by theU.S. Fish and Wildlife Service (USFWS) and published in the Federal Register on March 4, 1998— allowed individuals to take (kill, capture, sell, or transport) double-crested cormorants without a permit, under certain conditions. A court order in May 2016 vacated that depredation order, reinstating the permitting system under the Migratory Bird Treaty Act (MBTA), which requires a permit before taking birds for depredation control.

The bill would authorize individuals, corporations, and state and federal agencies to take depredating cormorants from aquaculture facilities, ponds, lakes, and fish hatcheries in 29 states without a permit. The bill also would authorize DOI to add more states as determined necessary and would require DOI to renew the depredation order every five years.

Under current law, USFWS collects permit fees from individuals and businesses for lawful activities under the Service’s Migratory Bird Program, including taking of birds for depredation control, scientific research, conservation, and unintentional taking of birds while performing permitted activities. Under H.R. 2293, permits would no longer be required for depredation control activities involving double-crested cormorants from the exempted facilities within the 29 covered states.

Permitting fees are recorded in the budget as offsetting receipts, that is, as reductions in direct spending, and are available to be spent without further appropriation. Because those receipts are spent soon after they are received, CBO estimates that enacting H.R. 2293 would have a negligible effect on net direct spending over the 2025-2035 period.

Violators of the MBTA are subject to civil and criminal penalties, which are recorded in the budget as revenues; those penalties can be spent without further appropriation. Using information from USFWS, CBO estimates that any reductions in penalties and the associated spending would be insignificant because of the small number of related cases expected to occur over the 2025-2035 period.

Finally, using information from USFWS, CBO estimates that the administrative costs to reissue the depredation order under H.R. 2293 would be insignificant; any related spending would be subject to the availability of appropriated funds.

The CBO staff contact for this estimate is Lilia Ledezma. The estimate was reviewed by H. Samuel Papenfuss, Deputy Director of Budget Analysis.