H.R. 4299 (101st): Great Lakes Fish and Wildlife Restoration Act of 1990

101st Congress, 1989–1990. Text as of Nov 08, 1990 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

104 STAT. 2370                        PUBLIC LAW 101-537—NOV. 8, 1990
                        Public Law 101-587
                        101st Congress
                                                          An Act
  Nov. 8, 1990          To authorize a study of the fishery resources of the Great Lakes, and for other
  [H.R. 4299]                                               purposes.

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

Great ukes                       TITLE I—GREAT LAKES F I S H A N D
KionAct                                WILDLIFE RESTORATION
of 1990.
16 u s e 941 note.      SECTION 1001. SHORT TITLE.
                         This title may be cited as the "Great Lakes Fish and Wildlife
                        Restoration Act of 1990".
16 u s e 941.           SEC. 1002. FINDINGS.
                            The Congress finds and declares the following:
                                 (1) As the human population of the Great Lakes Basin has
                              expanded to over 35,000,000 people, great demands have been
                              placed on the lakes for use for boating and other recreation,
                              navigation, municipal and industrial water supply, waste dis-
                              posal, power production, and other purposes. These growing and
                              often conflicting demands exert pressure on the fish and wild-
                              life resources of the Great Lakes Basin, including in the form of
                              contaminants, invasion by nonindigenous species, habitat deg-
                              radation and destruction, legal and illegal fishery resource
                              harvest levels, and sea lamprey predation.
                                 (2) The fishery resources of the Great Lakes support rec-
                              reational fisheries enjoyed by more than 5,000,000 people an-
                              nually and commercial fisheries providing approximately 9,000
                             jobs. Together, these fisheries generate economic activity worth
                              more than $4,400,000,000 annually to the United States.
                                 (3) The availability of a suitable forage base is essential to
                              lake trout, walleye, yellow perch, and other recreational and
                              commercially valuable fishery resources of the Great Lakes
                              Basin. Protecting and restoring productive fish habitat, includ-
                              ing by protecting water quality, is essential to the successful
                              recovery of Great Lakes Basin fishery resources.
                                 (4) The Great Lakes Basin contains important breeding and
                              migration habitat for all types of migratory birds. Many migra-
                              tory bird species dependent on deteriorating Great Lakes Basin
                              habitat have suffered serious population declines in recent
                              years.
                                 (5) Over 80 percent of the original wetlands in the Great
                              Lakes Basin have been destroyed and such losses continue at a
                              rate of 20,000 acres annually.
                                 (6) Contaminant burdens in the fish and wildlife resources of
                              the Great Lakes Basin are substantial and the impacts of those
                              contaminants on the life functions of important fish and wildlife




      49-139 O - 90 (537)

PUBLIC LAW 101-537—NOV. 8, 1990 104 STAT. 2371 resources are poorly understood. Concern over the effects of those contaminants on human health have resulted in numer- ous public health advisories recommending restricted or no consumption of Great Lakes fish. (7) The lower Great Lakes are uniquely different from the upper Great Lakes biologically, physically, and in the degree of human use and shoreline development, and special fishery re- source assessments and management activities are necessary to respond effectively to these special circumstances. SEC. 1003. PURPOSE. . 16 USC 941a. The purposes of this Act are— (1) to carry out a comprehensive study of the status, and the assessment, management, and restoration needs, of the fishery resources of the Great Lakes Basin; (2) to develop proposals to implement recommendations resulting from that study; and (3) to provide assistance to the Great Lakes Fisheries Commis- sion, States, Indian Tribes, and other interested entities to encourage cooperative conservation, restoration and manage- ment of the fish and wildlife resources and their habitat of the Great Lakes Basin. SEC. 1004. DEFINITIONS. 16 USC 941b. In this Act— (1) the term "Administrator" means the Administrator of the Environmental Protection Agency; (2) the term "Director" means the Director of the United States Fish and Wildlife Service; (3) the term "fish stock" means— (A) a taxonomically distinct species or subspecies of fish; or (B) any other aggregation of fish that are geographically, ecologically, behaviorally, or otherwise limited from breed- ing with individuals from other groups of fish and are capable of management as a unit; (4) the term "Great Lakes Basin" mesuis the air, land, water, and living orgEinisms within the drainage basin of the Saint Lawrence River at or upstream from the point at which the river becomes the international boundary between Canada and the United States; (5) the term "Indian Tribe" means any Indian tribe, band, village, nation, or other organized group or community that is recognized by the Bureau of Indian Affairs as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; (6) the term "lower Great Lakes" means the region in which is located that portion of the Great Lakes Basin which is downstream from the confluence of the Saint Clair River and Lake Huron near Port Huron, Michigan; (7) the term "upper Great Lakes" means that portion of the Great Lakes Basin which is upstream from the confluence of the Saint Clair River and Lake Huron near Port Huron, Michigan. (8) the term "nonindigenous species" means a species of plant or animal that did not occur in the Great Lakes Basin before European colonization of North America;
104 STAT. 2372 PUBLIC LAW 101-537—NOV. 8, 1990 (9) the term "Secretary" means the Secretary of the Army; and (10) the term "State Director" means the head of the Eigency, department, board, commission, or other governmental entity of each of the States of New York, Ohio, Indiana, lUinois, Michi- gan, Wisconsin, Minnesota, and the Commonwealth of Pennsylvania which is responsible for the mansigement and conservation of the fish and wildlife resources of that State. 16 u s e 941c. SEC. 1005. GREAT LAKES FISHERY RESOURCES RESTORATION STUDY. (a) I N GENERAL.—The Director shall conduct a comprehensive study of the status of, and the assessment, management, and res- toration needs of, the fishery resources of the Great Lakes Basin and shall provide the opportunity for the Secretary, the Administrator, State Directors, Indian Tribes, the Great Lakes Fishery Commission, appropriate Canadian Government entities, and other appropriate entities to participate in the study. The Director shall complete the study by October 1,1994. (b) MEMORANDUM OF UNDERSTANDING.—To provide opportunities for the full participation of all affected entities in the planning and conduct of the study, the Director shall invite the entities identified in subsection (a) to enter into a memorandum of understanding regarding the scope and focus of the study and the responsibilities of each participant for conducting the study. (c) CONTENT OF STUDY.—A study under this section shall include, but not be limited to— (1) identifying and describing the component drainages of the Great Lakes Basin (including the drainage for each of the Great Lakes), analyzing how the characteristics and current or ex- pected land and water uses of those drainages have affected, and can be expected to affect in the future, the fishery resources and fish habitats of the Great Lakes Basin; V (2) analyzing historical fishery resource data for the Great Lakes Basin to identify the causes of past and continuing declines of the fishery resources and the impediments to restor- ing those resources; (3) evaluating the adequacy, effectiveness, and consistency of current Great Lakes interagency fisheries management plans and Federal and State water quality programs, with respect to their effects on Great Lakes fishery resources; (4) analyzing the impacts of, and management control alter- natives for, recently introduced nonindigenous species, includ- ing the zebra mussel, the ruffe, and the spiny water flea in accordance with the Aquatic Nuisance Prevention and Control Act of 1990; (5) developing recommendations regarding— (A) an action plan to analyze the effects of contaminant levels on fishery resources; (B) an action plan for the cooperative restoration and enhancement of depleted, nationally significant fish stocks, including lake trout, yellow perch, lake sturgeon, walleye, forage fish, and Atlantic salmon; (C) planning and technical assistance that should be pro- vided to the. Great Lakes Fisheries Commission, States, and Indian Tribes to assist their fishery resource restoration efforts;
PUBLIC LAW 101-537—NOV. 8, 1990 104 STAT. 2373 (D) mitigation measures to restore and enhance fishery resources adversely affected by past Federal (including fed- erally assisted or approved) water resource development projects and other activities; (E) increasing the involvement of the International Joint Commission, the Great Lakes Commission, the Great Lakes Fishery Commission, and other interjurisdictional entities regarding fishery resources protection, restoration, and enhancement; (F) research projects and data gathering initiatives regarding population trends of fish stocks, including popu- lation abundance and structure, interspecific competition, survival rates, and behavioral patterns; (G) important fishery resource habitat and other areas that should be protected, restored, or enhanced for the benefit of Great Lakes fishery resources; (H) how private conservation organizations, recreational and commercial fishing interests, the aquaculture industry, and the general public could contribute to the implementa- tion of the fishery resource restoration and enhancement recommendations developed pursuant to this Act; and (I) appropriate contributions that should be made by States and other non-Federal entities to the cost of activi- ties undertaken to implement the recommendations, including a description of— (i) the activities that shall be cost-shared; (ii) the entities or individuals which shall share the costs of those activities; (iii) the proportion of appropriate project and activity costs that shall be borne by non-Federal interests; and (iv) how the entities or individuals who share costs should finance their contribution, (d) PROPOSALS FOR IMPLEMENTING RECOMMENDATIONS.—The Direc- tor shall develop proposals for implementing the recommendations of the study developed under subsection (c)(5). The proposals shall be consistent with the goals of the Great Lakes Water Quality Agree- ment, as revised in 1987, the 1954 Great Lakes Fisheries Convention, State and tribal fishery management jurisdiction, and the 1980 Joint Strategic Plan for the management of Great Lakes fishery resources. SEC. 1006. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE PRO- 16 USC 941d. GRAMS RELATED TO GREAT LAKES FISH AND WILDLIFE RE- SOURCES. In administering programs of the United States Fish and Wildlife Service related to the Great Lakes Basin, the Director shall seek to achieve the following goals: (1) Restoring and maintaining self-sustaining fishery resource populations. (2) Minimizing the impacts of contaminants on fishery and wildlife resources. (3) Protecting, maintaining, and, where degraded and de- stroyed, restoring fish and wildlife habitat, including the enhancement and creation of wetlands that result in a net gain in the amount of those habitats. (4) Stopping illegal activities adversely impacting fishery and wildlife resources.
104 STAT. 2374 PUBLIC LAW 101-537—NOV. 8, 1990 (5) Restoring threatened and endangered species to viable, self-sustaining levels. (6) Protecting, managing, and conserving migratory birds. 16 u s e 941e. SEC. 1007. ESTABLISHMENT OF OFFICES. (a) GREAT LAKES COORDINATION OFFICE.—The Director shall estab- lish a centrally located facility for the coordination of all United States Fish and Wildlife Service activities in the Great Lakes Basin, to be known as the "Great Lakes Coordination Office". The func- tional responsibilities of the Great Lakes Coordination Office shall include intra- and interagency coordination, information distribu- tion, and public awareness outreach. The Great Lakes Coordination Office shall include all administrative and technical support nec- essary to carry out its responsibilities. (b) LOWER GREAT LAKES FISHERY RESOURCES OFFICE.—The Direc- tor shall establish an office with necessary administrative and technical support services to carry out all United States Fish and Wildlife Service operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the lower Great Lakes. The office shall be known as the "Lower Great Lakes Fishery Resources Office", and shall be centrally located in the lower Great Lakes so as to facilitate fishery resource restoration and enhancement activities relating to the lower Great Lakes. (c) UPPER GREAT LAKES FISHERY RESOURCES OFFICES.—The Direc- tor shall establish one or more offices with necessary administrative and technical support services to carry out United States Fish and Wildlife Service operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the upper Great Lakes. Each of the offices shall be known as an "Upper Great Lakes Fishery Resources Office", and shall be appropriately located so as to facilitate fishery resource activities in the upper Great Lakes. 16 u s e 941f. SEC. 1008. ANNUAL REPORTS. Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Director shall submit a report to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Environment and Public Works of the Senate. Each such report shall describe— (1) the progress and findings of the studies conducted under section 1005, including recommendations of implementing activities, where appropriate, that would contribute to the res- toration or improvement of one or more fish stocks of the Great Lakes Basin; and (2) activities undertaken to accomplish the goals stated in section 1006. 16 u s e 941g. SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director— (1) for conducting a study under section 1005 not more than $4,000,000 for each of the fiscal years 1991 through 1994; (2) to establish and operate the Great Lakes Coordination Office under section 1008(a) and Upper Great Lakes Fishery Resources Offices under section 1008(c) not more than $4,000,000 for each of the fiscal years 1991 through 1995; and
PUBLIC LAW 101-537—NOV. 8, 1990 104 STAT. 2375 (3) to establish and operate the Lower Great Lakes Fishery Resources Office under section 1008(b), not more than $2,000,000 for each of the fiscal years 1991 through 1995. TITLE II—GREAT LAKES OIL POLLUTION Great Lakes Oil Pollution RESEARCH AND DEVELOPMENT Research and Development Act. SEC. 2001. SHORT TITLE. 33 u s e 2701 note. This title may be cited as the "Great Lakes Oil Pollution Research and Development Act". SEC. 2002. GREAT LAKES OIL POLLUTION RESEARCH AND DEVELOP- MENT. Section 7001 of the Oil Pollution Act of 1990 (Public Law 101-380) 33 u s e 2761. is amended as follows: (1) GREAT LAKES DEMONSTRATION PROJECT.—In subsection (c)(6), strike " 3 " and insert "4", strike "and" after "California,", and insert "and (D) a port on the Great Lakes" after "Louisi- ana,". (2) FUNDING.—In subsection (f) strike "21,250,000" and insert "22,000,000" and in subsection (f)(2) strike "2,250,000" and insert "3,000,000". Approved November 8, 1990. LEGISLATIVE HISTORY—H.R. 4299: HOUSE REPORTS: No. 101-748 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 136 (1990): Oct. 1, considered and passed House. Oct. 24, considered and passed Senate.