Arctic Tundra Habitat Emergency Conservation Act

PUBLIC LAW 106–108—NOV. 24, 1999

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.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

Nov. 24, 1999
[H.R. 2454]

This Act may be cited as the ‘‘Arctic Tundra Habitat Emergency
Conservation Act’’.

Arctic Tundra
Habitat
Emergency
Conservation
Act.
16 USC 703 note.

SEC. 2. FINDINGS AND PURPOSES.

16 USC 703 note.

SECTION 1. SHORT TITLE.

(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.

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113 STAT. 1492

PUBLIC LAW 106–108—NOV. 24, 1999
(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.

16 USC 703 note.

SEC. 3. 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 midcontinent light geese.
16 USC 703 note.

SEC. 4. COMPREHENSIVE MANAGEMENT PLAN.

Deadline.

(a) IN GENERAL.—Not 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;

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PUBLIC LAW 106–108—NOV. 24, 1999

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. DEFINITIONS.

16 USC 703 note.

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.

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