Background:

Public Law 85-342 authorized and directed the Secretary of the Interior to establish an experiment station or stations for the purpose of carrying on a program of research and experimentation-

(1) to determine species of fishes most suitable for culture on a commercial basis in shallow reservoirs and flooded rice lands;

(2) to determine methods for production of fingerling fishes for stocking in commercial reservoirs ;

(3) to develop methods for the control of parasites and diseases of brook fishes and of fingerlings prior to stocking;

(4) to develop economical methods for raising the more desirable species of fishes to a marketable size;

(5) to determine, in cooperation with the Department of Agriculture, the effects of fish-rice rotations, including crops other than rice commonly grown on rice farms, upon both the fish and other crops; and

(6) to develop suitable methods for harvesting the fish crop and preparing it for marketing, including a study of sport fishing as a means of such harvest. Section 2 of the Act authorized the Secretary to cooperate with State and other agencies on such terms as he determined to be appropriate and Section 3 of the Act authorized the Department of Agriculture to cooperate in carrying out the provisions of the Act by furnishing such information and assistance as may be requested by the Secretary of the Interior.

In keeping with the separate capabilities of the then two Bureaus of Fish and Wildlife Service, responsibility was assigned to the Bureau of Sport Fisheries and Wildlife for research and extension services pertaining to the fish production, and to the Bureau of Commercial Fisheries for research and extension services pertaining to the harvesting, processing and marketing the fish produced.

On October 4, 1970, in accordance with Reorganization Order No. 4, the Bureau of Commercial Fisheries was transferred to the Department of Commerce where it became part of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration. Programs on fish farming in freshwater reservoirs no longer fit their current missions and they have expressed a desire to transfer these to the Department of Agriculture.

The Department of Agriculture has broad authority to conduct programs to assist all kinds of farmers-including fish farmers. Likewise, they have the technical capability and facilities with which to perform all of the former BCF programs except research to improve harvesting methods.

PROGRAM RESPONSIBILITIES

The Department of the Interior will be responsible for research and the development of improved methods for the growing and harvesting of fish. Program elements will include: spawning and fry production; nutritional requirements and development; detection, prevention, and control of disease; genetics and selective breeding; environmental requirements and water management; gear research and harvesting methods.

The Department of Agriculture will be responsible for all other fish-farming programs.

AREAS OF COOPERATION

The Department of the Interior agrees to:

1. Refer all requests for extension services and for information-relating to USDA fish-farming programs to designated USDA officials for response.

2. Provide designated USDA officials with copies of research publications pertinent to fish farming extension services.

3. Consult with and take USDA needs into consideration in planning research programs.

4. Designate responsible officials at field and Washington levels to serve as contacts with USDA. At the field level the official will be the Director, Fish Farming Experimental Station, Stuttgart, Arkansas. The official at the Washington level will be Chief, Division of Fishery Research, Bureau of Sport Fisheries and Wildlife.

5. Provide assistance in the training of USDA extension agents.

6. Cooperate with USDA by providing technical assistance or conducting special research to solve urgent and unpredicted problems in fish production.

The Department of Agriculture agrees to:

1. Refer requests for information on current biological research progress to USDI officials for response.

2. Provide USDI officials with pertinent USDA fish farming publications including information on industry growth and problems.

3. Consult with and take USDI recommendations on new research findings into consideration in planning extension programs.

4. Designate responsible individuals at field and Washington levels to serve as contacts with USDI.

5. Provide support for USDI training programs for USDA extension agents. 6. Cooperate with USDI in the solution of urgent and unpredicted fish production problems. Cooperation can include technical assistance and/or financial support for needed research.

ARS-BR-BSF&W COOPERATIVE PROGRAM

OBJECTIVES TO BE ACCOMPLISHED BY BSF&W IN COOPERATIVE PROGRAM

1. Conduct studies to determine the residues of herbicides in fish resulting from a range of concentrations and exposure periods normally used for weed control on western irrigation systems.

(a) The herbicides, concentrations, and exposure periods used will be selected by coordinating personnel of the cooperating agencies in accordance with priorities.

(b) The procedures used in the studies will be in accordance with protocol established by the BSF&W and concurred in by the ARS and USBR.

2. Determine the effects of sublethal concentrations of herbicides on fish. 3. Conduct research to determine the potential of using fish and other aquatic organisms for controlling aquatic weeds on irrigation systems.

LONG-TERM GOALS OF PROGRAM

1. To collect and assemble herbicide residue data in fish to include in petitions for registration of herbicides used on aquatic sites along irrigation systems. 2. To determine herbicide concentrations safe to use where a fishery resource is involved.

3. Develop biological methods for controlling submersed aquatic weeds on irrigation systems.

SOME DETAILS OF WORKING ARRANGEMENT

BR RESPONSIBILITIES

1. Provide office, laboratory, and greenhouse space and outdoor fish ponds at Denver Federal Center; a model test canal facility near Loveland, Colorado; and coordinate the use of operating irrigation canals in Colorado as needed.

2. Provide routine laboratory and office supplies and services, shop services, steno services, readily available equipment and apparatus, local transportation, publication of joint reports and manuscripts, and other items as mutually agreed upon.

3. Provide analysis of herbicides in accordance with BSF&W protocol in prepared samples from fish studies.

4. Interpretation of data as to its presentation in a petition for registration.

BSF&W RESPONSIBILITIES

1. Provide one or more personnel to carry out the herbicide residue in fish studies as agreed upon.

2. Provide the protocol or procedures by which the fish are exposed, harvested, and prepared for analysis.

3. Carry out the protocol on a study from the initial phase up to the point of a finished sample which is ready for analysis.

4. Provide consultation service to the Denver laboratories for carrying out the protocol prescribed by BSF&W.

5. Provide funds for personnel participating in cooperative program, travel, and specialized equipment and apparatus.

6. Prepare report on data collected as a joint effort by cooperating agencies.

64-737-71-pt. 2- 41

ARS RESPONSIBILITIES

1. Provide technical guidance and assistance to the cooperative herbicide fish residue studies.

2. Assistance in interpretation of data and assembling of petition for registration.

MEMORANDUM OF UNDERSTANDING BETWEEN THE CROPS RESEARCH DIVISION, AGRICULTURAL RESEARCH SERVICE, DEPARTMENT OF AGRICULTURE, AND THE BUREAU OF RECLAMATION AND BUREAU OF SPORT FISHERIES AND WILDLIFE, DEPARTMENT OF THE INTERIOR-REFERRED TO HEREIN AS COOPERATING AGENCIES

The purpose of this agreement is to provide for the cooperative study of weed problems confronting irrigation agriculture and lands in the vicinity of irrigated areas and of weed problems on irrigation systems and on other lands under the jurisdiction of the Bureau of Reclamation; herbicide residues in water, soil, plants, fish, and other materials as necessary to support registration; and further, through planned research, to seek more economic and permanent methods of controlling bankweeds, waterweeds, woody plants, and cropland weeds which create such problems. This Memorandum of Understanding is pursuant to the authority of the Federal reclamation laws (these being the Act of June 17, 1902 (32 Stat. 388) and acts amendatory thereof and supplementary thereto), and pursuant to Sec. 601 of the Economy Act of June 30, 1932 (31 U.S.C. 686), and pursuant to the general authority of the Department of Agriculture to conduct research (5 U.S.C. 511-512).

Each of the cooperating agencies and any of the state or Federal experiment stations with which they may be working are concerned with successful agriculture under irrigation, with the economic operation of irrigation systems which supply water to irrigation projects, and the safety of herbicides on fish and wildlife. The Agricultural Research Service is primarily concerned with the investigations dealing with weed control research, the Bureau of Reclamation is primarily concerned with the practical application of the results of such research, and the Bureau of Sport Fisheries and Wildlife is concerned with the effects of herbicide use on fish and wildlife. Each of the agencies may cooperate and negotiate agreements with the state colleges, experiment stations, extension services, and other agencies as deemed necessary in conducting their respective phases of the work.

It is mutually agreed that:

A. THE PROGRAM

1. The over-all program of investigations to be followed under this Memorandum of Understanding shall be planned and set forth by the Advisory Committee (see Paragraph A-2). The details of the program of investigations shall be planned jointly by the appropriate research personnel of the cooperating agencies. The agreed program may be modified from time to time during any year in the same manner.

2. Advisory Committee. The committee shall consist of three representatives from the Agricultural Research Service as follows: (1) A representative from the office of the Branch Chief, Crops Protection Research Branch, (2) the Leader of Weed Investigations-aquatic and noncrop areas, and (3) a member to be designated by the Branch Chief, Crops Protection Research Branch; three representatives from the Bureau of Reclamation as follows: (1) One from the Division of General Research at Denver, (2) one from the Division of Water O&M at Denver, and (3) one from the Commissioner's Office at Washington, D.C.; and two representatives from the Bureau of Sport Fisheries and Wildlife as follows: (1) One from the Office of Fishery Research, Washington, D.C., and (2) one designated by the Laboratory Director involved in these research activities.

The functions of the committee shall be:

(a) To establish the general scope and objectives of the program and to coordinate all activities under the program.

(b) To provide a medium through which the research efforts of the Denver laboratory, the ARS field stations, BSF&W laboratories, and the state institutions can be coordinated.

(c) To provide a medium through which the Bureau of Reclamation regional and field forces can be consulted and their efforts in developing improved weed control programs can be coordinated with the laboratory program. The committee shall meet at least once each year for reviewing the progress of the

program, making necessary adjustments, and developing recommendations on major additions and/or changes for the approval of the cooperating agencies. Three committee members shall constitute a quorum, provided that each cooperating agency is represented. The committee members shall have the responsibility for carrying out the part of the agreed program that is assigned to their respective agencies and shall have the authority and responsibility to represent the respective agencies in making arrangements and agreements in the field necessary to carry out the agreed program.

B. PARTICIPATION IN THE AGREED PROGRAM

1. The Crops Research Division, Agricultural Research Service, in connection with the agreed program, agrees:

(a) To station research personnel at the Bureau of Reclamation Engineering and Research Center in Denver and to conduct research at this and other locations on physiological, ecological, biochemical, and herbicidal evaluation' aspects of control of woody plants and aquatic weeds and other such studies, as may be planned in cooperation with Bureau of Reclamation personnel assigned to the project.

(b) To furnish such portion of labor and other assistance as may be mutually agreed upon.

(c) To furnish such implements, laboratory and greenhouse equipment, or other apparatus as may be mutually agreed upon,

(d) To conduct field phases of the investigations at field stations at Los Lunas, New Mexico; Prosser, Washington; Bozeman and Huntley, Montana; Laramie, Wyoming; and at such other points as may be established. Termi-, nation or initiation of field research at one or more of these stations may be arranged with the state experiment station cooperators without amendment to this agreement.

(e) To arrange for the use of land, buildings, and facilities of state or Federal experiment stations or through such stations or otherwise to arrange for the use of private land, buildings, and facilities necessary to conduct the agreed program at or in connection with each of the field headquarters.

(f) To assign to these investigations such members of its staffs as may be needed and to pay their salaries and traveling expenses.

2. The Bureau of Reclamation, in connection with the agreed program, agrees: (a) To furnish land, office, and warehouse space, and other facilities suitable for conducting field investigations on projects operated by the Bureau of Reclamation and to cooperate in obtaining similar facilities on projects operated by water users or water companies as may be mutually agreed upon.

(b) To assign to these investigations such members of its staff as may be mutually agreed upon and to pay their salaries and traveling expenses.

(c) To reimburse the Agricultural Research Service for 50 percent of the salaries, and such other incidental expenses as may be mutually agreed upon, of the Research Specialists at the Bureau of Reclamation Engineering and Research Center in Denver.

(d) To make available office and laboratory space, stenographic assistance, and such laboratory equipment or other apparatus in the Denver laboratories as may be mutually agreed upon.

(e) To furnish greenhouse and field facilities and other suitable space for conducting physiological, herbicide residue and other studies in connection with the laboratory research in Denver.

(f) To furnish such labor and other assistance at any of the field headquarters as may be mutually agreed upon.

3. The Bureau of Sport Fisheries and Wildlife, in connection with the agreed program, agrees:

(a) To station personnel at the Bureau of Reclamation Engineering and Research Center in Denver and to conduct research at this and other locations on herbicide residues in fish, fish as a biological control agent for aquatic weeds, and other such studies as may be planned in cooperation with Bureau of Reclamation and ARS personnel assigned to the project.

(b) To furnish such portion of labor and other assistance as may be mutually agreed upon.

(c) To furnish specialized equipment and apparatus as may be mutually agreed upon.

(d) To assign to these investigations such members of its staff as may be needed and to pay their salaries and traveling expenses.

It is mutually agreed that:

C. GENERAL PROVISIONS

1. The Bureau of Reclamation has need for the results of the proposed research work at the earliest possible date, even though the results obtained may not be entirely conclusive. The results of the studies and investigations under the agreed program may be used in official correspondence on the condition that due credit be given to the other participating agency.

None of the cooperating agencies, however, will publish or release any of research results not generated by their own programs without consulting the cooperating agency so as to arrive at a mutual agreement on interpretation and conclusions. Publication may be joint or independent as may be mutually agreed upon, always on the condition that due credit be given to the other cooperating agency. In the event any of the agencies concerned has need of the research data prior to their being in final form, the use of such data, with proper reservations, is permitted. In case of failure to agree as to the time and manner of publication or interpretation of the research results of the cooperative studies, either cooperating agency may release data after due notice has been given and the manuscript submitted to the other agency. In such instances, the agency releasing the data will give due credit to the other cooperating agency and will assume responsibility for any statements regarding matters which have not been resolved. 2. Property purchased with Federal funds in connection with the agreed program shall remain the property of the United States. It shall be carried on the property lists of the Federal agency supplying the funds for purchase and shall be subject to removal or other disposition by that agency at any time. Lands made available under this Memorandum of Understanding by the Bureau of Reclamation for weed control investigations will remain subject at all times to the primary jurisdiction of the Bureau of Reclamation, and nothing herein shall prevent the use or disposition of such lands at any time under the terms of the Federal reclamation laws.

3. Obligations of the cooperating agencies under this Memorandum of Understanding are contingent upon appropriations being made by the Congress from which expenditures may be met and funds being made available from such appropriations for such purposes in accordance with the President's program.

4. No member of or delegate to Congress or resident commissioner, and no officer, agent, or employee of the Government shall be admitted to any benefit arising from this agreement.

5. This Memorandum of Understanding is to define in general terms the basis on which the agencies concerned will cooperate and does not constitute a financial obligation to serve as a basis for expenditures. Any and all expenditures from Federal funds administered by the Department of Agriculture and the Department of the Interior and made in conformity with the plans outlined in this Memorandum of Understanding must be in accord with the respective departmental rules and regulations, and in each instance based upon appropriate finance papers, such as lease, contract, requisition, letter of authorization, or other appropriate documents.

6. This revised Memorandum of Understanding supersedes the Memorandum of Understanding between the Crops Research Division, Agricultural Research Service, U.S. Department of Agriculture, and the Bureau of Reclamation, U.S. Department of Interior, that became effective January 1, 1962. It shall continue indefinitely, but may be modified or discontinued at the request of either party upon 30 days' written notice in advance of the effective date of termination or modification.

DRAFT-MEMORANDUM OF AGREEMENT BETWEEN THE BUREAU OF SPORT FISHERIES AND WILDLIFE AND THE NATIONAL MARINE FISHERIES SERVICE This Memorandum of Agreement takes cognizance of the fact that both the National Marine Fisheries Service (NMFS) and the Bureau of Sport Fisheries and Wildlife (BSFW) have need for accurate, up-to-date statistics on the commercial harvest of fish from the Great Lakes. NMFS needs the information for its nation-wide compilation of landings of commercial fish; BSFW, as the agency bearing Federal responsibility for the management of Great Lakes fisheries, needs the information for the biological assessment of fishery stocks. The purposes of the Memorandum of Agreement are to assign responsibility to BSFW for the compilation of the statistics and to provide for NMFS input into methods used to assure that the data developed meets their requirements.