Arctic Tundra Habitat Emergency Conservation Act
PL 106-108 (H.R.2454), enacted 11/24/1999

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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Arctic Tundra Habitat Emergency 
Conservation Act". 
SEC. 2. 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 primgiry 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 Lowlsinds Salt-Msirsh ecosystem in Canada is being 
; 
systematically destroyed. This ecosystem contains approxi-
mately 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 meiny 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. 
Nov. 24, 1999 
[H.R. 2454] 
Arctic Timdra 
Habitat 
Emergency 
Conservation 
Act. 
16 ilSC 703 note. 
16 u s e 703 note. 
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-con-
tinent 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 u s e 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 conserva-
tion order for the reduction of mid-continent light goose popu-
lations (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 PoUcy Act of 1969 (42 U.S.C. 
4332(2)(C)); and 
(C) May 15, 2001. 
(c) RULE OF CONSTRUCTION.—This section shall not be con-
strued 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. 
16 u s e 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, eind 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; 
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, £ind 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.