Great Lakes Fish and Wildlife Restoration Act of 1990
PL 101-537 (H.R.4299), enacted 11/08/1990

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, 
G
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TITLE I—GREAT LAKES FISH 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 use 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 use 941c. 
SEC. 1005. GREAT LAKES FISHERY RESOURCES RESTORATION STUDY. 
(a) IN 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 o
f
— 
(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 use 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 use 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 use 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 
RESEARCH AND DEVELOPMENT 
SEC. 2001. SHORT TITLE. 
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) 
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. 
Great Lakes Oil 
Pollution 
Research and 
Development 
Act. 
33 u s e 2701 
note. 
33 u s e 2761. 
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.