Wild Bird Conservation Act of 1992
PL 102-440 (H.R.5013), enacted 10/23/1992

106 STAT. 2224 
PUBLIC LAW 102-440—OCT. 23, 1992 
Public Law 102-440 
102d Congress 
An Act 
To promote the conservation of wild exotic birds, to provide for the Great Lakes 
Oct. 23, 1992 
Fish and Wildlife Tissue Bank, to reauthorize the Fish and Wildlife Conservation 
[H.R. 5013] 
^"^ °^ 1980, to reauthorize the African Elephant Conservation Act, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
S^rtlon 
TITLE I-WILD EXOTIC BIRD 
A
^
^
^ ^' 19^2 
CONSERVATION 
16 use 4901 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Wild Bird Conservation Act 
of 1992". 
16 use 4901. 
SEC. 102. FINDINGS. 
The Congress finds the following: 
(1) In addition to habitat loss and local use, the inter-
national pet trade in wild-caught exotic birds is contributing 
to the decline of species in the wild, and the mortality associated 
with the trade remains unacceptably high. 
(2) The United States, as the world's largest importer of 
exotic birds and as a Party to the Convention, should play 
a substantial role in finding effective solutions to these prob-
lems, including assisting coimtries of origin in implementing 
programs of wild bird conservation, and ensuring that the 
market in the United States for exotic birds does not operate 
to the detriment of the survival of species in the wild. 
(3) Sustainable utilization of exotic birds has the potential 
to create economic value in them and their habitats, which 
will contribute to their conservation and promote the mainte-
nance of biological diversity generally. 
(4) Utilization of exotic birds that is not sustainable should 
not be allowed. 
(5) Broad international attention has focused on the serious 
conservation and welfare problems which currently exist in 
the trade in wild-caught animals, including exotic birds. 
(6) Many countries have chosen not to export their wild 
birds for the pet trade. Their decisions should be respected 
and their efforts should be supported. 
(7) Several countries that allow for the export of their 
wild birds often lack the means to develop or effectively imple-
ment scientifically based management plans, and these coun-
tries should be assisted in developing and implementing 
management plans to enable them to ensure that their wild 
bird trade is conducted himianely and at sustainable levels. 
(8) The major exotic bird exporting countries are Parties 
to the Convention. 
PUBLIC LAW 102-440—OCT. 23, 1992 
106 STAT. 2225 
(9) The Convention recognizes that trade in species that 
are threatened with extinction, or that may become so, should 
be subject to strict regulation. 
(10) The necessary population assessments, monitoring pro-
grams, and appropriate remedial measures for species listed 
in Appendix II of the Convention are not always being under-
taken in order to maintain species at levels above which they 
might become eligible for inclusion in Appendix I of the 
Convention. 
(11) Resolutions adopted pursuant to the Convention rec-
ommend that the Parties to the Convention take appropriate 
measures regarding trade in species of exotic birds that have 
significantly high mortality rates in transport, including 
suspension of trade for commercial purposes between Parties 
when appropriate. 
(12) Article XIV provides that the Convention in no way 
affects the right of any Party to the Convention to adopt stricter 
domestic measures for the regulation of trade in all species, 
whether or not listed in an Appendix to the Convention. 
(13) The United States prohibits the export of all birds 
native to the United States that are caught in the wild. 
(14) This title provides a series of nondiscriminatory meas-
ures that are necessary for the conservation of exotic birds, 
and furthers the obligations of the United States under the 
Convention. 
SEC. 103. STATEMENT OF PURPOSE. 
16 USC 4902. 
The purpose of this title is to promote the conservation of 
exotic birds by— 
(1) assisting wild bird conservation and management pro-
grams in the countries of origin of wild birds; 
(2) ensuring that all trade in species of exotic birds involv-
ing the United States is biologically sustainable and is not 
detrimental to the species; 
(3) limiting or prohibiting imports of exotic birds when 
necessary to ensure that— 
(A) wild exotic bird populations are not harmed by 
removal of exotic birds from the wild for the trade; or 
(B) exotic birds in trade are not subject to inhumane 
treatment; and 
(4) encouraging and supporting effective implementation 
of the Convention. 
SEC. 104. DEFINmONS. 
16 USC 4903. 
In this title— 
(1) The term "Convention" means the Convention on Inter-
national Trade in Endangered Species of Wild Fauna and Flora, 
as amended, signed in Washington on March 3, 1973, and 
the Appendices thereto. 
(2) The term "exotic bird"— 
(A) means any live or dead member of the class Aves 
that is not indigenous to the 50 States or the District 
of Columbia, including any egg or offspring thereof; and 
(B) does not include— 
(i) domestic poultry, dead sport-hunted birds, dead 
museum specimens, dead scientific specimens, or prod-
ucts manufactured from such birds; or 
106 STAT. 2226 
PUBLIC LAW 102-440—OCT. 23, 1992 
(ii) birds in the following families: Phasianidae, 
Numididae, Cracidae, Meleagrididae, Megapodiidae, 
Anatidae, Struthionidae, Rheidae, Dromaiinae, and 
Gruidae. 
(3) Each of the terms "import" and "importation" means 
to land on, bring into, or introduce into, or attempt to land 
on, bring into, or introduce into, any place subject to the juris-
diction of the United States. 
(4) The term "person" means an individual, corporation, 
partnership, trust, association, or any other private entity; or 
any officer, employee, agent, department, or instrumentality 
of the Federal Government, of any State, mimicipality, or politi-
cal subdivision of a State, or of any foreign government; any 
State, municipality, or political subdivision of a State; or any 
other entity subject to the jurisdiction of the United States. 
(5) The term "qualifying facility" means an exotic bird 
breeding facility that is included in a list published by the 
Secretary under section 107. 
(6) The term "Secretary" means the Secretary of the 
Interior or a designee of the Secretary of the Interior. 
(7) The term "species"— 
(A) means any species, any subspecies, or any distinct 
population segment of a species or subspecies; and 
(B) includes hybrids of any species or subspecies. 
(8) The term "United States" means the 50 States, the 
District of Columbia, the Commonwealth of Puerto Rico, Amer-
ican Samoa, the Virgin Islands, Guam, the Commonwealth 
of the Northern Mariana Islands, and the Trust Territory of 
the Pacific Islands. 
16 use 4904. 
SEC. 105. MORATORIA ON IMPORTS OF EXOTIC BIRDS COVERED BY 
CONVENTION. 
(a) IMMEDIATE MORATORIUM.^ 
(1) ESTABLISHMENT OF MORATORIUM.—The importation of 
any exotic bird of a species identified as a category B species 
in the report entitled "Report of the Animals Committee", 
adopted by the 8th meeting of the Conference of the Parties 
to the Convention, is prohibited. 
(2) TERMINATION OF MORATORIUM.—^A species of exotic birds 
shall be subject to the prohibition on importation established 
by paragraph (1) until the Secretary, after notice and an oppor-
tunity for public comment— 
(A) determines that appropriate remedial measures 
have been taken in the countries of origin for that species, 
so as to eliminate the threat of trade to the conservation 
of the species; and 
(B) makes the findings described in section 106(c) for 
the species and includes the species in the list pubUshed 
under section 106(a). 
(b) EMERGENCY AUTHORITY TO SUSPEND IMPORTS OF LISTED 
SPECIES.— 
(1) AUTHORITY TO SUSPEND IMPORTS.—^The Secretary is 
authorized to suspend the importation of exotic birds of any 
species that is listed in any Appendix to the Convention, and 
if applicable remove the species from the list under section 
106(a), if the Secretary determines that— 
(A)(i) trade in that species is detrimental to the species. 
PUBLIC LAW 102-440—OCT. 23, 1992 
106 STAT. 2227 
(ii) there is not sufficient information available on 
which to base a judgment that the species is not detrimen-
tally affected by trade in that species, or 
(iii) remedial measures have been recommended by 
the Standing Committee of the Convention that have not 
been implemented; and 
(B) the suspension might be necessary for the conserva-
tion of the species. 
(2) TERMINATION OF SUSPENSION.—A species of exotic birds 
shall be subject to a suspension of importation under paragraph 
(1) until the Secretary, after notice and an opportunity for 
public comment, makes the findings described in section 106(c) 
£ind includes the species in the list published under section 
106(a). 
(c) MORATORIUM AFTER ONE YEAR FOR OTHER SPECIES LISTED 
IN APPENDICES.—^Effective on the date that is one year after the 
date of the enactment of this Act, the importation of any exotic 
bird of a species that is listed in any Appendix to the Convention 
is prohibited unless the Secret£uy makes the findings described 
in section 106(c) and includes the species in the list published 
imder section 106(a). 
(d) LIMITATION ON NUMBER IMPORTED DURING FIRST YEAR.— 
Notwithstanding any other provision of this Act, the Secretary 
shall prohibit the importation, during the 1-year period beginning 
on the date of the enactment of this Act, of exotic birds of each 
species that is listed under any Appendix to the Convention in 
excess of the number of that species that were imported during 
the most recent year for which the Secretary has complete import 
data. 
SEC. 106. UST OF APPROVED SPECIES. 
16 USC 4905. 
(a) LISTING.— 
(1) IN GENERAL.—One year after the date of enactment Federal 
of this Act and periodically theresifter, the Secretary shall, ^j^^^^-gn 
after notice and an opportunity for public comment, publish P ^ ^ "-
in the Federal Register a list of species of exotic birds that 
are Usted in an Appendix to the Convention and that are 
not subject to a prohibition or suspension of importation other-
wise applicable under section 105 (a), (b), or (c). 
(2) MANNER OF LISTING.—The Secretary shall list a species 
imder paragraph (1) with respect to— 
(A) the countries of origin from which the species may 
be imported; and 
(B) if appropriate, the qualifying facilities in those 
countries from which the species may be imported. 
(3) BASES FOR DETERMINATIONS.—In making a determina-
tion required under this subsection, the Secretary shall— 
(A) use the best scientific information available; and 
(B) consider the adequacy of regulatory and enforce-
ment mechanisms in all countries of origin for the species, 
including such mechanisms for control of illegal trade. 
/' 
(b) CAPTIVE BRED SPECIES.—The Secretary shall include a spe-
cies of exotic birds in the list under subsection (a) if the Secretary 
determines that— 
(1) the species is regularly bred in captivity and no wild-
caught birds of the species are in trade; or 
(2) the species is bred in a qualifying facility. 
106 STAT. 2228 
PUBLIC LAW 102-440—OCT. 23, 1992 
(c) NON-CAPTIVE BRED SPECIES.—^The Secretary shall include 
in the list under subsection (a) a species of exotic birds that is 
listed in an Appendix to the Convention if the Secretary finds 
the Convention is being effectively implemented with respect to 
that species because of each of the following: 
(1) Each coimtry of origin for which the species is listed 
is effectively implementing the Convention, particularly with 
respect to— 
(A) the establishment of a scientific authority or other 
equivalent authority; 
(B) the requirements of Article IV of the Convention 
with respect to that species; and 
(C) remedial measures recommended by the Parties 
to the Convention with respect to that species. 
(2) A scientifically-based management plan for the species 
has been developed which— 
(A) provides for the conservation of the species and 
its habitat and includes incentives for conservation; 
(B) ensures that the use of the species is biologically 
sustainable and maintained throughout the range of the 
species in the country to which the plan applies at a 
level that is consistent with the role of the species in 
the ecosystem and is well above the level at which the 
species might become threatened with extinction; and 
(C) addresses factors relevant to the conservation of 
the species, including illegal trade, domestic trade, subsist-
ence use, disease, and habitat loss. 
(3) The management plan is implemented and enforced. 
(4) The methods of capture, transport, and maintenance 
of the species minimizes the risk of injury or damage to health, 
including inhumane treatment. 
16 use 4906. 
SEC. 107. QUALIFYING FACILITIES. 
(a) DETERMINATION.—^Upon submission of a petition imder sec-
tion 110 by any person, the Secretary shall determine whether 
an exotic bird breeding facility is a qualif^ng facility. Such deter-
mination shall be effective for a period specified by the Secretary, 
Federal 
which may not exceed 3 years. The Secretary shall, from time 
puWication 
*
® time, publish a list of qualifying facilities in the Federal Register. 
(b) CRITERIA.—^The Secretary shall determine under subsection 
(a) that a facility is a qualifying facility for a species of exotic 
birds if the Secretary finds each of the following: 
(1) The facility has demonstrated the capability of produc-
ing captive bred birds of the species in the numbers to be 
imported into the United States from that facility. 
(2) The facility is operated in a manner that is not det-
rimental to the survival of the species in the wild. 
(3) The facility is operated in a humane manner. 
(4) The appropriate governmental authority of the coiuitry 
in which the facility is located has certified in writing, and 
the Secretary is satisfied, that the facility has the capability 
of breeding the species in captivity. 
(5) The country in which the facility is located is a Party 
to the Convention. 
(6) All birds exported from the facility are bred at the 
facility. 
PUBLIC LAW 102-440—OCT. 23, 1992 
106 STAT. 2229 
SEC. 108. MORATORIA FOR SPECIES NOT COVERED BY CONVENTION. 16 USC 4907. 
(a) IN GENERAL.—The Secretary shall— 
(1) review periodically the trade in species of exotic birds 
that are not listed in any Appendix to the Convention; and 
(2) after notice and an opportunity for public comment, 
establish a moratorium or quota on— 
(A) importation of any species of exotic birds from 
one or more countries of origin for the species, if the Sec-
retary determines that— 
(i) the findings described in section 106(c) (2), (3), 
£uid (4) cannot be made with respect to the species; 
and 
(ii) the moratorium or quota is necessary for the 
conservation of the species or is otherwise consistent 
with the purpose of this title; or 
(B) the importation of all species of exotic birds from 
a particular country, i
f
— 
(i) the country has not developed and implemented 
a management program for exotic birds in trade gen-
erally, that ensures both the conservation and the 
humane treatment of exotic birds during capture, 
transport, and maintenance; and 
(ii) the Secretary finds that the moratorium or 
quota is necessary for the conservation of the species 
or is otherwise consistent with the piupose of this 
title. 
(b) TERMINATION OF QUOTA OR MORATORIUM.—The Secretary 
shall terminate a quota or moratorium established imder subsection 
(a) if the Secretary finds that the reasons for establishing the 
quota or moratorium no longer exist. 
SEC. 109. CALL FOR INFORMATION. 
Within one month after the date of the enactment of this 
Act, the Secretary shall issue a call for information on the wild 
bird conservation program of each country that exports exotic birds, 
by— 
(1) publishing a notice in the Federal Register requestin; 
submission of such information to the Secretary by 
interested persons; and 
(2) submitting a written request for such information 
through the Secretary of State to each country that exports 
exotic birds. 
SEC. 110. PETITIONS. 
(a) IN GENERAL.—Any person may at any time submit to the 
Secretary a petition in writing requesting that the Secretary exer-
cise authority of the Secretary under this title to— 
(1) establish, modi^, or terminate any prohibition, suspen-
sion, or quota under tnis title on importation of any species 
of exotic bird; 
(2) add a species of exotic bird to, or remove such a species 
from, a list imder section 106; or 
(3) determine under section 107 whether an exotic bird 
breeding facility is a qualifying facility. 
(b) CONSIDERATION AND RUUNG.—For each petition submitted 
to the Secretary in accordance with subsection (a), the Secretary 
shall— 
ng 
all 
16 USC 4908. 
Federal 
Register, 
publication. 
16 USC 4909. 
Federal 
Register, 
publication. 
106 STAT. 2230 
PUBLIC LAW 102-440—OCT. 23, 1992 
(1) within 90 days after receiving the petition, issue and 
publish in the Federal Register a preliminary ruling regarding 
whether the petition presents sufficient information indicating 
that the action requested in the petition might be warranted; 
and 
(2) for each petition determined to present such sufficient 
information— 
(A) provide an opportimity for the submission of public 
comment on the petition; and 
(B) issue and publish in the Federal Register a final 
ruling on the petition, by not later than 90 days after 
the end of the period for public comment. 
16 use 4910. 
SEC. 111. PROHmiTED ACTS. 
' 
(a) PROHIBITIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), it is unlawful 
for any person to— 
(A) import any exotic bird in violation of any prohibi-
tion, suspension, or quota on importation under section 
105 or 108; 
(B) import an exotic bird of a species that pursuant 
to section 106(aX2XB) is included in a list under section 
106, if the bird was not captive bred at a qualifying facility; 
or 
(C) violate any regulation promulgated by the Sec-
retary pursuant to authority provided by this title. 
(2) LIMITATION.—Paragraph (1) (A) and (B) does not apply 
to importations made incident to the transit of exotic birds through 
the United States to foreign countries if the applicable requirements 
of the Convention have been satisfied with respect to the trade 
in those exotic birds. 
(b) BURDEN OF PROOF FOR EXEMPTIONS.—Any person claiming 
the benefit of any exemption or permit under this title shall have 
the burden of proving that the exemption or permit is applicable 
or has been granted, and was valid and in force at the time 
of the alleged violation. 
16 use 4911. 
SEC. 112. EXEMPTIONS. 
Notwithstanding any prohibition, suspension, or quota imder 
this title on the importation of a species of exotic bird, the Secretary 
may, through the issuance of import permits, authorize the importa-
tion of a bird of the species if the Secretary determines that such 
importation is not detrimental to the survival of the species and 
the bird is being imported exclusively for any of the following 
purposes: 
(1) Scientific research. 
(2) As a personally owned pet of an individual who is 
returning to the United States after being continuously out 
of the country for a minimum of one year, except that an 
individual may not import more than 2 exotic birds imder 
this paragraph in any year. 
(3) Zoological breeding or display programs. 
(4) Cooperative breeding programs that are— 
(A) designed to promote the conservation of the species 
and maintain the species in the wild by enhancing the 
propagation and survival of the species; and 
PUBLIC LAW 102-440—OCT. 23, 1992 
106 STAT. 2231 
(B) developed and administered by, or in coi^junction 
with, an avicidtursd, conservation, or zoological organiza-
tion that meets standards developed by the Secretary. 
SEC. 113. PENALTIES AND REGULATIONS. 
16 USC 4912. 
(a) PENALTIES.— 
(1) CIVIL PENALTIES.— 
(A) Any person who knowingly violates, and any person 
engaged in business as an importer of exotic birds who 
violates, section 111(a) (1) or (2) or any permit issued 
imder section 112 may be assessed a civil penalty by the 
Secretary of not more than $25,000 for each violation. 
(B) Any person who kno¥dngly violates, and any person 
engaged in business as an importer of exotic birds who 
violates, section lll(aX3) may be assessed a civil penalty 
by the Secretary of not more than $12,000 for each such 
violation. 
(C) Any person who otherwise violates section 111(a) 
or any permit issued under section 112 may be assessed 
a civil penalty by the Secretary of not more than $500 
for each such violation. 
(D) A civil penalty imder this section shall be assessed, 
£uid may be collected, in the manner in which a civil 
penalty under the Act of December 28, 1973 (Public Law 
93-205), may be assessed and collected under section 111(a) 
of that Act. 
(2) CRIMINAL PENALTIES.— 
(A) Any person who knowingly violates, and any person 
engaged in business as an importer of exotic birds who 
violates, section 111(a) (1) or (2) or any permit issued 
under section 112 shall be fined under title 18, United 
States Code, or imprisoned for not more than 2 years, 
or both. 
(B) Any person who knowingly violates section 
lll(aX3) shall be fined under title 18, United States Code, 
imprisoned not more than 6 months, or both. 
(b) DISTRICT COURT JURISDICTION.—The several district courts 
of the United States, including the courts enumerated in section 
460 of title 28, United States Code, shall have jurisdiction over 
any action arising under this title. For the purposes of this title, 
American Samoa shall be included in the Judicial District of the 
District Court of the United States for the District of Hawaii, 
and the Trust Territory of Palau and the Northern Marianas shall 
be included in the Judicial District of the District Court of the 
^ 
United States for the District of Guam. 
(c) OTHER ENFORCEMENT.—^The importation of an exotic bird 
is deemed to be transportation of wildlife for purposes of section 
3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)). 
(d) REGULATIONS.—^The Secretary shall prescribe regulations 
that are necessary and appropriate to carry out the purposes of 
this title. 
(e) SAVINGS PROVISIONS.—The authority of the Secretary under 
this title is in addition to and shall not afiect the authority of 
the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) or diminish the authority of tiie Secretary imder 
the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). Nothing 
106 STAT. 2232 
PUBLIC LAW 102-440—OCT. 23, 1992 
in this title shall be construed as repealing, superseding, or modify-
ing any provision of Federal law. 
16 u s e 4913. 
SEC. 114. EXOTIC BIRD CONSERVATION ASSISTANCE. 
(a) ASSISTANCE.—^The Secretary, subject to the availability of 
appropriations, shall use amounts m the Exotic Bird Conservation 
Fund established by subsection (b) to provide financial and technical 
assistance for projects to conserve exotic birds in their native coim-
tries. In selecting projects for assistance, the Secretary shall give 
particular attention to species that are subject to an import morato-
rixan. or quota under this title, in order to assist those countries 
in the development and implementation of conservation manage-
ment programs, or law enforcement, or both. 
(b) FUND.— 
(1) ESTABUSHMENT.—There is established in the Treasury 
a separate account, which shall be known as the "Exotic Bird 
Conservation Fund**. 
(2) CONTENTS.—The Fund shall consist of— 
(A) all amounts received Inr the United States in the 
form of penalties, fines, or forfeiture of property collected 
under this title in excess of the cost of pa3ring rewards 
under section 113(c); 
(B) donations received by the Secretary for exotic bird 
conservation; and 
(C) such amounts as are appropriated to the Secretary 
for conserving exotic birds. 
(c) REVIEW AND REPORT ON OTHER CONSERVATION OPPORTUNI-
TIES.—^The Secretary, in consultation with appropriate representa-
tives of industry, the conservation commumty, the Secretariat of 
the Convention, and other national and international bodies, shall— 
(1) review opportimities for a volimtary program of labeling 
exotic birds, certification of exotic bird breeding facilities and 
retail outlets, and provision of privately orgamzed or fimded 
technical assistance to other nations; and 
(2) report to the Congress the results of this review within 
2 years after the date of enactment of this Act. 
R^ulations. 
SEC. 115. MARKING AND RECORDKEEPING. 
16 u s e 4914. 
/• X -r 
^ 
wwn 
n 
. 
1
.
1 
1 
(a) IN GENERAL.—^The Secretary is authorized to promulgate 
regulations to require marking or recordkeeping that the Secretary 
determines will contribute significantly to the ability of the Sec-
retary to ensure compliance with the prohibitions of section 111, 
for— 
(1) any exotic bird that is imported after the date of enact-
«^ 
mentofthis Act;or 
(2) any other exotic bird that is— 
(A) hatched after the date of the enactment of this 
Act; 
(B) offered for sale; and 
(C) of a species— 
(i) the export of which 
firom 
any country of origin 
is prohibited; and 
(ii) that is subject to a high level of illegal trade. 
(b) AVOIDING DETERRENCE OF BREEDING.—The Secretary shall 
seek to ensure that regulations promulgated under this section 
will not have the effect of deterring captive breeding of exotic 
birds. 
PUBLIC LAW 102-440—OCT. 23, 1992 
106 STAT. 2233 
The Great 
Lakes Fish 
and Wildlife 
Tissue Bank 
Act. 
16 use 943 
note. 
16 use 943. 
SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 
16 USe 4915. 
There are authorized to be appropriated to the Secretary 
$5,000,000 for each of the fiscal years 1993, 1994, and 1995 to 
carry out this title, to remain availaole until expended. 
SEC. 117. RELATIONSHIP TO STATE LAW. 
16 USe 4916. 
Nothing in this title may be construed as precluding the regula-
tion under State law of the sale, transfer, or possession of exotic 
birds if such regulation— 
(1) does not authorize any sale, transfer, or possession 
of exotic birds that is prohibited under this title; and 
(2) is consistent with the international obligations of the 
United States. 
TITLE II—GREAT LAKES FISH AND 
WILDLIFE TISSUE BANK 
SEC. 201. SHORT TITLE. 
This title may be cited as The Great Lakes Fish and Wildlife 
Tissue Bank Act". 
SEC. 202. TISSUE BANK. 
(a) IN GENERAL.—^The Secretary shall coordinate existing facili-
ties for the storage, preparation, examination, and archiving of 
tissues from selected Great Lakes fish and wildlife, which snail 
be known as the ''Great Lakes Fish and Wildlife Tissue Bank". 
(b) GUIDANCE.—^The Secretary shall, in consultation with appro-
priate Federal and State agencies and the Council of Great Lakes 
Research Managers, issue guidance, after an opportimity for public 
review and comment, for Great Lakes fish and wildlife tissue collec-
tion, preparation, archiving, quality control procedures, and access 
that will ensure— 
(1) appropriate uniform methods and standards for those 
activities to provide confidence in Great Lakes fish and wildlife 
tissue samples used for research; 
(2) documentation of procedures used for collecting, prepar-
ing, and archiving those samples; and 
(3) appropriate scientific use of the tissues in the Great 
Lakes Fish and Wildlife Tissue Bank. 
SEC. 203. DATA BASE. 
16 USC 943a. 
(a) MAINTENANCE.—^The Secretary shall maintain a central data 
bcise which provides an effective means for tracking and assessing 
relevant reference data on Great Lakes fish and wildlife, including 
data on tissues collected for and maintained in the Great Lakes 
Fish and Wildlife Tissue Bank. 
(b) ACCESS.—^The Secretary shall esteblish criteria, after an 
opportunitv for public review and comment, for access to the date 
base whicn provides for appropriate use of the information by 
the public. 
SEC. 204. DEFINITIONS. 
16 USC 943b. 
In this title— 
(1) "Secretary" means the Secretary of the Interior, acting 
through the Director of the United Stetes Fish and Wildlife 
Service. 
106 STAT. 2234 
PUBLIC LAW 102-440—OCT. 23, 1992 
(2) ''Great Lakes fish and wildlife" means fauna, fish, and 
invertebrates dependent on Great Lakes resources, and located 
within the Great Lakes Basin. 
16 use 943c. 
SEC. 20S. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Secretary, 
$250,000 for each of fiscal years 1993 and 1994 to carry out this 
title. 
TITLE III—MISCELLANEOUS 
SEC. 301. REAUTHORIZATION OF FISH AND WILDUFE CONSERVATION 
ACT OF 1980. 
Section 11 of the Fish and Wildlife Conservation Act of 1980 
(16 U.S.C. 2910) is amended by striking "fiscal years" and all 
that follows through the end of the sentence and inserting "fiscal 
years 1992,1993, 1994,1995, 1996, and 1997.". 
SEC. 302. 
REAUTHORIZATION 
OF 
AFRICAN 
ELEPHANT 
CONSERVATION 
ACT. 
Section 2306 of the African Elephant Conservation Act (16 
U.S.C. 4245) is amended by striking "fiscal years" and all that 
follows through "1993" and inserting "fiscal years 1992, 1993, 1994, 
1995,1996,1997, and 1998". 
16 use 3503 
SEC. 303. TECHNICAL REVISIONS TO MAPS. 
(a) IN GENERAL.—^The Secretary of the Interior shall, before 
the end of the 30-day period beginning on the date of the enactment 
of this Act, make such technical revisions to the maps described 
in subsection (b) as are necessary to ensure that— 
(1) on the maps referred to in subsection (b)(2) (A) and 
(B), depictions of areas as "otherwise protected areas" do not 
include any area that is not an otherwise protected area within 
the meaning of that term under section 12 of the Coastal 
Barrier Improvement Act of 1990 (16 U.S.C. 3503 note); 
(2) on the map referred to in subsection (b)(2)(C), depictions 
of areas as "otherwise protected areas" identified as "VA-60P" 
do not include— 
(A) any area that is located south of the north bank 
of the Salt Ponds Inlet in Hampton, Virginia; and 
(B) the area that is located north of the line described 
in subsection (c), other than any part of that area which 
is an otherwise protected area within the meaning of that 
term imder section 12 of the Coastal Barrier Improvement 
Act of 1990 (16 U.S.C. 3503 note); 
(3) on the map referred to in subsection (b)(2)(A), the 
area: consisting of approximately 5,221 acres and owned by 
the National Audubon Society as of September 28, 1992 (known 
as the "Audubon Sanctuary"), along with the associated aquatic 
habitat of Pine Island Bay and Goat Island Bay, shall be 
designated and depicted as NC-01, a unit of the Coastal Barrier 
Resources System by the Secretary in accordance with para-
graph (5) of this subsection; and 
(4) on the map referred to in subsection (b)(2)(C) areas 
designated as "otherwise protected areas" identified as "VA-
60P" that are: 
PUBLIC LAW 102-440—OCT. 23, 1992 
106 STAT. 2235 
(A) north of the north bank of Salt Ponds Inlet in 
Hampton, Virginia; and 
(B) south of the line described in subsection (c) of 
this section shall be designated and depicted on the map 
as VA-60, a unit of the Coastal Barrier Resources System 
by the Secretary in accordance with paragraph (5) of this 
subsection. 
In designating the units in accordance with paragraphs (3) and 
(4) above, the Secretary is authorized to make any minor and 
technical modifications to the boundaries of such unit as may be 
necessary to correct existing clerical and typo^aphical errors in 
the map: Provided, That the local government m which is located 
such unit may recommend any such corrections be considered by 
the Secretary. 
(b) MAPS DESCRIBED.—^The maps referred to in subsection (a) 
are— 
(1) included in a set of maps entitled "Coastal Barrier 
Resources System", dated October 24,1990; and 
(2) entitled, respectively— 
(A) "Pine Island Bay Unit, NC-OIP", 
(B) "Roosevelt Natural Area Unit, NC-05P", and 
(C) "Plum Island Unit VA-59P Long Creek Unit 
VA-eOP". 
(c) LINE DESCRIBED.—The line referred to in subsection (aX2XB) 
is a line described as follows: 
Beginning at an iron pipe in the low water line of Chesapeake 
Bay; said iron pipe being located 265.00 feet in a southerly direction 
from the south eastern comer of Fox Hill Shores Subdivision (as 
shown in Plat Book 9, page 161 as recorded in the Circuit Court 
for the City of Hampton, Virginia) and from this TRUE POINT 
OF BEGINNING running thence North 66 degrees 47 minutes 
46 seconds West 995.79 feet to a found iron pipe; thence South 
15 degrees 47 minutes 20 seconds East 270.65 feet to a found 
iron pipe; thence South 73 degrees 59 minutes 57 seconds West 
836.68 feet to a point marking the low water line of Long Creek; 
being known as the southerly property line of Riley's Way. 
SEC. 304. NATIONAL FISH AND WILDUFE FOUNDATION. 
16 USC 3703 
Beginning in fiscal year 1993 and hereafter, the National Fish °°*®' 
and Wildlife Foundation may continue to draw down Federal fimds 
when matching requirements have been met: Provided, 
That 
interest earned by the Foundation and its subgrantees on funds 
drawn down to date, but not immediately disbursed, shall be used 
to fund all activities as approved by the Board of Directors: Provided 
further. That the Foundation's subgrantees shall be exempt from 
the audit reporting and compliance requirements of 0MB Circular 
A-133, for all grants of $100,000 or less. The Foimdation shall Grants, 
amend its grant contracts to ensure that its subgrantees are advised Co^^^racts. 
and certify that they will comply with all applicable Federal laws 
and regulations imposed on individuals or organizations receiving 
Federal funds. 
SEC. 305. WETLANDS MAPPING. 
Section 401(a) of Public Law 99-645, the Emergency Wetlands 
Resources Act of 1986 (16 U.S.C. 3931(a)), as amended by Public 
Law 101-233 is further amended— 
(1) in paragraph (3), by striking "as soon as practicable" 
and inserting in lieu thereof "by September 30, 2000 ; 
106 STAT. 2236 
PUBLIC LAW 102-440—OCT. 23, 1992 
(2) in paragraph (4), by striking ". And" at the end of 
the paragraph and inserting in Heu thereof a semicolon; 
(3) in paragraph (5XB), by striking the period and inserting 
in lieu thereof a semicolon; 
(4) by adding the following new paragraphs at the end 
thereof: 
"(6) produce, Iw September 30, 2004, a digital wetlands 
data base for the United States based on the nnal wetlands 
maps produced under this section; and 
"(7) archive and make available for dissemination wetlands 
data and maps digitized under this section as such data and 
maps become available.". 
Approved October 23, 1992. 
LEGISLATIVE HISTORY—H.R. 5013: 
HOUSE REPORTS: No. 102-749, Pt. 1 (Comm. on Merchant Marine and Fisheries) 
and Pt. 2 (Comm. on Ways and Means). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 11, considered and passed House. 
Sept. 30, considered and passed Senate, amended. 
Oct. 5, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 23, Presidential statement.