A bill to extend the Wetlands Loan Act, and for other purposes.
PL 99-625 (H.R.4531), enacted 11/07/1986

'^f 100 STAT. 3500 
PUBLIC LAW 99-625—NOV. 7, 1986 
Public Law 99-625 
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99th Congress 
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An Act 
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Nov. 7, 1986 
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To improve the operation of certain fish and wildhfe programs 
[H.R. 4531] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
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SECTION 1. TRANSLOCATION OF CALIFORNIA SEA OTTERS. 
(a) DEFINITIONS.—For purposes of this section— 
(1) The term "Act" means the Endangered Species Act of 1973 
(16U.S.C.1531etseq.). 
(2) The term "agency action" has the meaning given that 
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term in section 7(a)(2) of the Act. 
(3) The term "experimental population" means the popu-
lation of sea otters provided for under a plan developed under 
subsection (b). 
California. 
(4) The phrase "parent population" means the population of 
sea otters existing in California on the date on which proposed 
regulations setting forth a proposed plan under subsection (b) 
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are issued. 
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(5) The phrase "prospective action" refers to any prospective 
agency action that— 
(A) may affect either the experimental population or the 
parent population; and 
(B) has evolved to the point where meaningful consulta-
tion under section 7(a) (2) or (3) of the Act can take place. 
(6) The term "Secretary" means the Secretary of the Interior. 
(7) The term "Service" means the United States Fish and 
Wildlife Service. 
(b) PLAN SPECIFICATIONS.—The Secretary may develop and imple-
ment, in accordance with this section, a plan for the relocation and 
management of a population of California sea otters from the 
existing range of the parent population to another location. The 
plan, which must be developed by regulation and administered by 
the Service in cooperation with the appropriate State agency, shall 
include the following: 
(1) The number, age, and sex of sea otters proposed to be 
relocated. 
(2) The manner in which the sea otters will be captured, 
translocated, released, monitored, and protected. 
(3) The specification of a zone (hereinafter referred to as the 
"translocation zone") to which the experimental population will 
be relocated. The zone must have appropriate characteristics for 
furthering the conservation of the species. 
(4) The specification of a zone (hereinafter referred to as the 
"management zone") that— 
(A) surrounds the translocation zone; and 
(B) does not include the existing range of the parent 
population or adjacent range where expansion is necessary 
for the recovery of the species. 
t;r PUBLIC LAW 99-625—NOV. 7, 1986 
': 100 STAT. 3501 
The purpose of the management zone is to (i) facilitate the 
management of sea otters and the containment of the experi-
mental population within the translocation zone, and (ii) to 
prevent, to the maximum extent feasible, conflict with other 
fishery resources within the management zone by the experi-
mental population. Any sea otter found within the management 
zone shall be treated as a member of the experimental popu-
lation. The Service shall use all feasible non-lethal means and 
measures to capture any sea otter found within the manage-
ment zone and return it to either the translocation zone or to 
the range of the parent population. 
(5) Measures, including an adequate funding mechanism, to 
isolate and contain the experimental population. 
(6) A description of the relationship of the implementation of 
the plan to the status of the species under the Act and to 
determinations of the Secretary under section 7 of the Act. 
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(c) STATUS OF MEMBERS OF THE EXPERIMENTAL POPULATION.—(1) 
Any member of the experimental population shall be treated while 
within the translocation zone as a threatened species for purposes of 
the Act, except that— 
(A) section 7 of the Act shall only apply to agency actions 
that— 
(i) are undertaken within the translocation zone, 
(ii) are not defense-related agency actions, and 
(iii) are initiated after the date of the enactment of this 
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section; and 
(B) with respect to defense-related actions within the 
translocation zone, members of the experimental population 
shall be treated as members of a species that is proposed to be 
listed under section 4 of the Act. 
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For purposes of this paragraph, the term "defense-related agency 
action" means an agency action proposed to be carried out directly 
by a military department. 
(2) For purposes of section 7 of the Act, any member of the 
experimental population shall be treated while within the manage-
ment zone as a member of a species that is proposed to be listed 
under section 4 of the Act. Section 9 of the Act applies to members of 
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the experimental population; except that any incidental taking of 
such a member during the course of an otherwise lawful activity 
within the management zone, may not be treated as a violation of 
the Act or the Marine Mammal Protection Act of 1972. 
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(d) IMPLEMENTATION OF PLAN.—The Secretary shall implement 
note. 
the plan developed under subsection (b)— 
(1) after the Secretary provides an opinion under section 7(b) 
of the Act regarding each prospective action for which consulta-
tion was initiated by a Federal agency or requested by a 
prospective permit or license applicant before April 1, 1986; or 
(2) if no consultation under section 7(a) (2) or (3) regarding any 
prospective action is initiated or requested by April 1, 1986, at 
any time after that date. 
(e) CONSULTATION AND EFFECT OF OPINION.—A Federal agency 
shall promptly consult with the Secretary, under section 7(a)(3) of 
the Act, at the request of, and in cooperation with, any permit or 
license applicant regarding any prospective action. The time limita-
tions applicable to consultations under section 7(a)(2) of the Act 
apply to consultations under the preceding sentence. In applying 
section 7(b)(3)(B) with respect to an opinion on a prospective action 
i^ 100 STAT. 3502 
PUBLIC LAW 99-625—NOV. 7, 1986 
cf-Si T K ' ^ '.• 
98 Stat. 2776. 
98 Stat. 1369. 
Water. 
Gifts and 
property. 
Real property. 
that is provided after consultation under section 7(a)(3), that opinion 
shall be treated as the opinion issued after consultation under 
section 7(a)(2) unless the Secretary finds, after notice and oppor-
tunity for comment in accordance with section 553 of title 5, United 
States Code, that a significant change has been made with respect to 
the action or that a significant change has occurred regarding the 
information used during the initial consultation. The interested 
party may petition the Secretary to make a finding under the 
preceding sentence. The Secretary may implement any reasonable 
and prudent alternatives specified in any opinion referred to in this 
subsection through appropriate agreements with any such Federal 
agency, prospective permit or license applicant, or other interested 
party. 
(f) CONSTRUCTION.—For purposes of implementing the plan, no act 
by the Service, an authorized State agency, or an authorized agent 
of the Service or such an agency with respect to a sea otter that is 
necessary to effect the relocation or management of any sea otter 
under the plan may be treated as a violation of any provision of the 
Act or the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
s e q . ) . 
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SEC. 2. ATCHAFALAYA NATIONAL WILDLIFE REFUGE. 
Section 303 of the Act entitled "An Act to extend the Wetlands 
Loan Act", approved October 26, 1984 (16 U.S.C. 668dd note), is 
amended— 
(1) by striking out "minor" in subsection (a)(2); and 
(2) by striking out "Public Law 98-396" in subsection (b) and 
inserting "appropriations Acts". 
SEC. 3. DUCK STAMP ACT. 
The first sentence of section 2(b) of the Act of March 16, 1934 (16 
U.S.C. 718b), commonly known as the Duck Stamp Act, is amended 
by inserting "available for obligation and" before "attributable to". 
SEC. 
4
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CONVEYANCE 
OF 
FISH 
HATCHERY 
TO 
STATE 
OF 
NEW 
HAMPSHIRE. 
Notwithstanding any other law, the Secretary of the Interior and 
the Secretary of Agriculture shall convey, without reimbursement, 
to the State of New Hampshire no later than December 31,1986, all 
of the right, title, and interest including the water rights, of the 
United States in and to the fish hatchery property located in the 
northwest corner of Berlin township in the White Mountain 
National Forest, New Hampshire, and known as the Berlin National 
PUBLIC LAW 99-625—NOV. 7, 1986 
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100 STAT. 3503 
Fish Hatchery, consisting of 510 acres, more or less, of land together 
with any improvements and related personal property thereon. The 
property conveyed shall be used by the New Hampshire Fish and 
Game Department as a part of the New Hampshire fishery 
resources management program and if it is used for any other 
purpose, title to such property shall revert to the United States. 
Approved November 7, 1986. 
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LEGISLATIVE HISTORY—H.R. 4531: 
HOUSE REPORTS: No. 99-679 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 99-475 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Sept. 9, considered and passed House. 
Oct. 3, considered and passed Senate, amended. 
Oct. 14, House concurred in Senate amendment with amendments. 
Oct. 18, Senate concurred in House amendments.