Text: H.R.2454 — 106th Congress (1999-2000)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 106-108 (11/24/1999)

 
[106th Congress Public Law 108]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ108.106]


[[Page 113 STAT. 1491]]

Public Law 106-108
106th Congress

                                 An Act


 
 To assure the long-term conservation of mid-continent light geese and 
the biological diversity of the ecosystem upon which many North American 
 migratory birds depend, by directing the Secretary of the Interior to 
 implement rules to reduce the overabundant population of mid-continent 
                              light geese.

<<NOTE: Nov. 24, 1999 -  [H.R. 2454]>>     Be it enacted by the Senate 
and House of Representatives of the United <<NOTE: Arctic Tundra Habitat 
Emergency Conservation Act. 16 USC 703 note.>> States of America in 
Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arctic Tundra Habitat Emergency 
Conservation Act''.

SEC. 2. <<NOTE: 16 USC 703 note.>> FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) The winter index population of mid-continent light geese 
        was 800,000 birds in 1969, while the total population of such 
        geese is more than 5,200,000 birds today.
            (2) The population of mid-continent light geese is expanding 
        by over 5 percent each year, and in the absence of new wildlife 
        management actions it could grow to more than 6,800,000 breeding 
        light geese in 3 years.
            (3) The primary reasons for this unprecedented population 
        growth are--
                    (A) the expansion of agricultural areas and the 
                resulting abundance of cereal grain crops in the United 
                States;
                    (B) the establishment of sanctuaries along the 
                United States flyways of migrating light geese; and
                    (C) a decline in light geese harvest rates.
            (4) As a direct result of this population explosion, the 
        Hudson Bay Lowlands Salt-Marsh ecosystem in Canada is being 
        systematically destroyed. This ecosystem contains approximately 
        135,000 acres of essential habitat for migrating light geese and 
        many other avian species. Biologists have testified that one-
        third of this habitat has been destroyed, one-third is on the 
        brink of devastation, and the remaining one-third is overgrazed.
            (5) The destruction of the Arctic tundra is having a severe 
        negative impact on many avian species that breed or migrate 
        through this habitat, including the following:
                    (A) Canada Goose.
                    (B) American Wigeon.
                    (C) Dowitcher.
                    (D) Hudsonian Godwit.
                    (E) Stilt Sandpiper.

[[Page 113 STAT. 1492]]

                    (F) Northern Shoveler.
                    (G) Red-Breasted Merganser.
                    (H) Oldsquaw.
                    (I) Parasitic Jaeger.
                    (J) Whimbrel.
                    (K) Yellow Rail.
            (6) It is essential that the current population of mid-
        continent light geese be reduced by 50 percent by the year 2005 
        to ensure that the fragile Arctic tundra is not irreversibly 
        damaged.

    (b) Purposes.--The purposes of this Act are the following:
            (1) To reduce the population of mid-continent light geese.
            (2) To assure the long-term conservation of mid-continent 
        light geese and the biological diversity of the ecosystem upon 
        which many North American migratory birds depend.

SEC. 3. <<NOTE: 16 USC 703 note.>> FORCE AND EFFECT OF RULES TO CONTROL 
            OVERABUNDANT MID-CONTINENT LIGHT GEESE POPULATIONS.

    (a) Force and Effect.--
            (1) In general.--The rules published by the Service on 
        February 16, 1999, relating to use of additional hunting methods 
        to increase the harvest of mid-continent light geese (64 Fed. 
        Reg. 7507-7517) and the establishment of a conservation order 
        for the reduction of mid-continent light goose populations (64 
        Fed. Reg. 7517-7528), shall have the force and effect of law.
            (2) Public notice.--The Secretary, acting through the 
        Director of the Service, shall take such action as is necessary 
        to appropriately notify the public of the force and effect of 
        the rules referred to in paragraph (1).

    (b) Application.--Subsection (a) shall apply only during the period 
that--
            (1) begins on the date of the enactment of this Act; and
            (2) ends on the latest of--
                    (A) the effective date of rules issued by the 
                Service after such date of the enactment to control 
                overabundant mid-continent light geese populations;
                    (B) the date of the publication of a final 
                environmental impact statement for such rules under 
                section 102(2)(C) of the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4332(2)(C)); and
                    (C) May 15, 2001.

    (c) Rule of Construction.--This section shall not be construed to 
limit the authority of the Secretary or the Service to issue rules, 
under another law, to regulate the taking of mid-continent light geese.

SEC. 4. <<NOTE: 16 USC 703 note.>> COMPREHENSIVE MANAGEMENT PLAN.

    (a) In General.--Not <<NOTE: Deadline.>> later than the end of the 
period described in section 103(b), the Secretary shall prepare, and as 
appropriate implement, a comprehensive, long-term plan for the 
management of mid-continent light geese and the conservation of their 
habitat.

    (b) Required Elements.--The plan shall apply principles of adaptive 
resource management and shall include--
            (1) a description of methods for monitoring the levels of 
        populations and the levels of harvest of mid-continent light 
        geese, and recommendations concerning long-term harvest 
        levels;

[[Page 113 STAT. 1493]]

            (2) recommendations concerning other means for the 
        management of mid-continent light goose populations, taking into 
        account the reasons for the population growth specified in 
        section 102(a)(3);
            (3) an assessment of, and recommendations relating to, 
        conservation of the breeding habitat of mid-continent light 
        geese;
            (4) an assessment of, and recommendations relating to, 
        conservation of native species of wildlife adversely affected by 
        the overabundance of mid-continent light geese, including the 
        species specified in section 102(a)(5); and
            (5) an identification of methods for promoting collaboration 
        with the Government of Canada, States, and other interested 
        persons.

    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 2000 through 2002.

SEC. 5. <<NOTE: 16 USC 703 note.>> DEFINITIONS.

    In this Act:
            (1) Mid-continent light geese.--The term ``mid-continent 
        light geese'' means Lesser snow geese (Anser caerulescens 
        caerulescens) and Ross' geese (Anser rossii) that primarily 
        migrate between Canada and the States of Alabama, Arkansas, 
        Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 
        Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, 
        New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, 
        Tennessee, Texas, Wisconsin, and Wyoming.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.

    Approved November 24, 1999.

LEGISLATIVE HISTORY--H.R. 2454:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-271 (Comm. on Resources).
SENATE REPORTS: No. 106-188 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 145 (1999):
            Aug. 2, considered and passed House.
            Nov. 8, considered and passed Senate, amended.
            Nov. 10, House concurred in Senate amendments.

                                  <all>

Share This