A bill to strengthen certain fish and wildlife laws.
PL 100-653 (H.R.4030), enacted 11/14/1988

PUBLIC LAW 100-653—NOV. 14, 1988 
102 STAT. 3825 
Public Law 100-653 
100th Congress 
An Act 
To reauthorize and amend certain wildlife laws, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—LACEY ACT AMENDMENTS 
SEC. 101. PROHIBITED ACTS. 
Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) 
is amended— 
(1) in subsection (aXD (16 U.S.C. 3372(aXl)) by striking "taken 
or possessed" £ind inserting in lieu thereof "taken, possessed, 
transported, or sold"; 
(2) by striking subsection (aX4) (16 U.S.C. 3372(aX4)) and 
redesignating subsection (aX5) as subsection (aX4); and 
(3) by adding at the end thereof the following: 
"(c) SALE AND PURCHASE OF GUIDING AND OUTFITTING SERVICES 
AND INVAUD LICENSES AND PERMITS.— 
"(1) SALE.—It is deemed to be a sale of fish or wildlife in 
violation of this Act for a person for money or other consider-
ation to offer or provide— 
"(A) guiding, outfitting, or other services; or 
"(B) a hunting or fishing license or pjermit; 
for the illegal taking, acquiring, receiving, transporting, or 
possessing of fish or wildlife. 
"(2) PURCHASE.—It is deemed to be a purchase of fish or 
wildlife in violation of this Act for a person to obtain for money 
or other consideration— 
"(A) guiding, outfitting, or other services; or 
"(B) a hunting or fishing license or ptermit; 
for the illegal taking, acquiring, receiving, transporting, or 
possessing of fish or wildlife. 
"(d) FALSE LABEUNG OFFENSES.—It is unlawful for any person to 
make or submit any false record, account, or label for, or any false 
identification of, any fish, wildlife, or plant which has been, or is 
intended to be— 
"(1) imported; exported, transported, sold, purchased, or 
received from any foreign country; or 
"(2) transported in interstate or foreign commerce.". 
SEC. 102. PENALTY. 
(a) CIVIL PENALTY.—Paragraph (1) of section 4(a) of the Lacey Act 
Amendments of 1981 (16 U.S.C. 3373(aXl)) is amended by inserting 
"and any person who knowingly violates section 3(d)," after "any 
underlying law, treaty, or regulation,". 
(b) CRIMINAL PENALTY.—Subsection (d) of section 4 of the Lacey 
Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended by adding at 
the end the following: 
Nov. 14, 1988 
[H.R. 4030] 
Conservation. 
Fish and fishing. 
Hunting. 
Imports. 
Exports. 
Commerce and 
trade. 
Plants. 
102 STAT. 3826 
PUBLIC LAW 100-653—NOV. 14, 1988 
"(3) Any person who knowingly violates section 3(d)— 
"(A) shall be fined under title 18, United States Code, or 
imprisoned for not more than 5 years, or both, if the offense 
involves— 
Imports. 
"(i) the importation or exportation of fish or wildlife 
Exports. 
or plants; or 
^^^^- 
"(ii) the sale or purchase, offer of sale or purchase, or 
commission of an act with intent to sell or purchase 
fish or wildlife or plants with a market value greater 
than $350; and 
"(B) shall be fined under title 18, United States Code, or 
imprisoned for not more than 1 year, or both, if the offense 
does not involve conduct described in subparagraph (A).". 
16 use 3373. 
(c) CONFORMING AMENDMENTS.—Section 4 is amended in subsec-
tions (aXD, (dXl)(A), (dXl)(B), and (dX2) by striking "(other than 
section 3(b))" each place those words appear and inserting in lieu 
thereof "(other than subsections (b) and (d) of section 3)". 
SEC. 103. REVIEW OF CIVIL PENALTY. 
The first sentence of subsection (c) of section 4 of the Lacey Act 
Amendments of 1981 (16 U.S.C. 3373(c)) is amended to read as 
follows: 
"(c) REVIEW OF CIVIL PENALTY.—Any person against whom a civil 
penalty is assessed under this section may obtain review thereof in 
the appropriate District Court of the United States by filing a 
complaint in such court within 30 days after the date of such order 
and by simultaneously serving a copy of the complaint by certified 
mail on the Secretary, the Attorney General, and the appropriate 
United States attorney.". 
SEC. 104. ENFORCEMENT POWERS. 
Subsection (b) of section 6 of the Lacey Act Amendments of 1981 
(16 U.S.C. 3375(b)) is amended in the first sentence by striking all 
after the first clause and before the proviso and inserting the 
following: "may, when enforcing this Act, make an arrest without a 
warrant, in accordance with any guidelines which may be issued by 
the Attorney General, for any offense under the laws of the United 
States committed in the person's presence, or for the commission of 
any felony under the laws of the United States, if the person has 
reasonable grounds to believe that the person to be arrested has 
committed or is committing a felony; may search and seize, with or 
without a warrant, in accordance with any guidelines which may be 
issued by the Attorney General;". 
TITLE II—SIKES ACT AMENDMENTS AND AUTHORIZATION 
SEC. 201. STATE USE OF AMOUNTS FROM STAMP FEES. 
Section 203(bX3) of Public Law 86-797 (commonly known as the 
Sikes Act; 16 U.S.C. 670i(bX3)) is amended to read as follows: 
"(3) Except for expenses incurred in the printing, issuing, or 
selling of such stamps, the fees collected for such stamps by the 
State agency shall be utilized in carrying out conservation and 
rehabilitation programs implemented under this title in the State 
concerned. Such fees may be used by the State agency to acquire 
lands or interests therein from willing sellers or donors to provide 
public access to program lands that have no existing public access 
for enhancement of outdoor recreation and wildlife conservation: 
PUBLIC LAW 100-653-NOV. 14,1988 
102 STAT. 3827 
Provided, That the Secretary of Agriculture and the Secretary of the 
Interior maintain such access, or ensure that maintenance is pro-
vided for such access, through or to lands within their respective 
jurisdiction.". 
SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OP APPROPRIATIONS FOR CONSERVATION PRO-
GRAMS O
N MILITARY RKJERVATIONS.—Subsections (b) and (c) of sec-
tion 106 of Public Law 86-797 (16 U.S.C. 670f (b) and (c)) are each 
amended by striking "and 1988," and inserting in lieu thereof "1988, 
1989,1990,1991,1992, and 1993,". 
(b) AUTHORIZATION OF APPROPRIATIONS FOR CONSERVATION PRO-
GRAMS ON PuBuc LANDS.—Subsections (a) and (b) of section 209 of 
Public Law 86-797 (16 U.S.C. 670o(a) and (b)) are each amended by 
striking "and 1988," and inserting m lieu thereof "1988, 1989,1990, 
1991,1992, and 1993,". 
TITLE III—WETLANDS LOAN FUND EXTENSION: MIGRATORY 
BIRD HUNTING STAMP ACT AMENDMENT 
SEC. 301. W E T L A N D S LOAN FUND EXTENSION. 
The first section of the Act entitled "An Act to promote the 
conservation of migratory waterfowl by the acquisition of wetlands, 
and for other essential waterfowl habitat, and for other purposes, 
approved October 4,1961 (16 U.S.C. 715k-3), is amended by striking 
"at the close of September 30, 1988," and inserting in lieu thereof 
"when all amounts authorized to be appropriated have been 
expended,". 
SEC. 302. MIGRATORY BIRD HUNTING STAMP ACT AMENDMENT. 
Section 5 of the Act of March 16, 1934 (commonly known as the 
Migratory Bird Hunting Stamp Act; 16 U.S.C. 718e(c)) is amended in 
the second sentence by inserting after "paid" the following: ", after 
deducting expenses for marketing,". 
TITLE IV—CONVEYANCE AND NAMING OF FISH HATCHERIES 
SEC. 401. CONVEYANCE. 
Georgia. 
Subject to section 403, the Secretary of the Interior shall convey, 
without consideration, to the University of Georgia all right, title, 
and interest of the United States in and to the property described in 
section 402, for use by the University of Georgia in its fishery 
research and extension program. 
SEC. 402. DESCRIPTION OF PROPERTY. 
The property referred to in section 401 is a tract of land compris-
ing approximately 63 acres, and improvements thereto, located in 
lots 25 and 48 of the 11th District, 3rd Section, Whitfield County, 
Greorgia, as generally depicted in the legal description of the Ck)hutta 
Fish Hatchery contained in Appendix A of the Memorandum of 
Agreement between the United States Fish and Wildlife Service and 
the University of Georgia, Agreement No. 14-16-0004-83-926, dated 
September 29,1983. 
102 STAT. 3828 
PUBLIC LAW 100-653—NOV. 14, 1988 
SEC. 403. REVERSIONARY INTEREST OF THE UNITED STATES. 
The property conveyed under section 401 of this title shall con-
tinue to be reserved, maintained, and utilized by the University of 
Georgia in its fishery research and extension program. If any of the 
property is used for any other purpose, the title to such property 
shall revert to the United States. 
Georgia. 
SEC. 404. NAMING 
OF 
BO 
GINN NATIONAL 
FISH 
HATCHERY 
AND 
AQUARIUM. 
The fish hatchery and aquarium known as the Millen National 
Fish Hatchery, located on Greorgia State Highway 25 north of 
Millen, Georgia, shall be known as the "Bo Ginn National Fish 
Hatchery and Aquarium". Any reference in any law, map, r^ula-
tion, document, record, or other paper of the United States to such 
hatchery and aquarium is deemed to be a reference to the "Bo Ginn 
National Fish Hatchery and Aquarium". 
SEC. 405. CONVEYANCE OF FISH HATCHERY TO THE COMMONWEALTH OF 
KENTUCKY. 
Notwithstanding any other provision of law and within 180 days 
of the date of enactment of this Act, the Secretary of the Interior 
shall convey, without reimbursement, to the Commonwealth of 
Kentucky, all of the right, title, and interest, including the water 
rights, of the United States in and to the fish hatchery property 
located approximately 14 miles due north of the city of Frankfort in 
Franklin County, Kentucky and known as the Frankfort National 
Fish Hatchery, consisting of 114.2 acres, more or less, of land 
together with any improvements and related personal property 
thereon. The property conveyed by this Act shall be used by the 
Kentucky Department of Fish and Wildlife Resources as a part of 
the Kentucky fishery resources management program and if it is 
used for any other purpose, title to such property shall revert to the 
United States. 
SEC. 
4
0
6
. 
CONVEYANCE OF FISH 
HATCHERY TO THE STATE OF NEW 
HAMPSHIRE. 
Notwithstanding any other provision of law, the Secretary of the 
Interior shall convey, without reimbursement, to the State of New 
Hampshire no later than December 31, 1988, all of the right, title, 
and interest of the United States in and to those improvements and 
related personal property under the Secretary's jurisdiction, includ-
ing buildings, structures and equipment, associated with the United 
States' facility known as the Berlin National Fish Hatchery and 
located in the northwest comer of Berlin township, Coos County, 
New Hampshire. The improvements and related personal 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 they are used for any other purpose, 
title to such property shall revert to the United States. 
SEC. 407. CONVEYANCE OF FISH HATCHERY TO THE STATE OF WISCONSIN. 
Notwithstanding any other provision of law and within 180 days 
of the date of enactment of this Act, the Secretary of the Interior 
shall convey, without reimbursement, to the State of Wisconsin, all 
of the right, title, and interest, including the easements and water 
rights, of the United States in and to the fish hatchery property 
located in the Town of Lake Mills, Wisconsin, and known as the 
PUBLIC LAW 100-653—NOV. 14, 1988 
102 STAT. 3829 
Lake Mills National Fish Hatchery, consisting of the land together 
with any improvements and related personal property thereon. The 
property conveyed by this Act shall be used by the Wisconsin 
Department of Natural Resources as a part of the Wisconsin fishery 
resources management program and if it is used for any other 
purpose, title to such property shall revert to the United States. 
TITLE V—ACQUISITION OF LANDS ADJACENT TO KILAUEA 
Hawaii 
POINT NATIONAL WILDLIFE REFUGE 
SEC. 501. ADDITIONAL LANDS. 
(a) AUTHORIZATION.—The Secretary of the Interior is authorized to 
acquire certain additional lands adjacent to the Kilauea Point 
National Wildlife Refuge on Kauai, Hawaii, which shall become 
part of the Kilauea Point National Wildlife Refuge upon acquisition 
by the Secretary. 
(b) DESCRIPTION OF LANDS.—The lands to be acquired pursuant to 
subsection (a) are— 
(1) Crater Hill, comprising approximately 101.1 acres; and 
(2) Mokolea Point, comprising 37.6 acres. 
SEC. 502. CONSTRUCTION AND ENHANCEMENT PROJECTS. 
(a) IN GENERAL.—Within the Kilauea Point National Wildlife 
Refuge (upon acquisition of the lands described in section 501), the 
Secretary of the Interior may— 
(1) construct and maintain access foot trails, including pedes-
trian viewing trails, to provide for public access; 
(2) construct an access road for these lands to facilitate law 
enforcement and ensure public safety; 
(3) acquire, or construct, and maintain a fence to provide for 
wildlife protection; 
(4) conduct native plant restoration and wildlife enhancement 
activities; and 
(5) establish a recreation area in the vicinity of Kahili Bay. 
(b) CONSTRUCTION REQUIREMENT.—Trails and access roads con-
structed under this section shall be constructed in a manner consist-
ent with preserving the wild and scenic beauty of the wildlife refuge. 
SEC. 503. AUTHORIZATION OF FUNDING. 
There is hereby authorized to be appropriated $2,600,000 to carry 
out the provisions of this title. 
TITLE VI—AMENDMENTS TO ACT PROVIDING FOR RESTO-
RATION 
OF 
KLAMATH 
RIVER 
BASIN 
FISHERY 
RESOURCES 
SEC. 
6
0
1
. 
TRAVEL 
EXPENSES 
FOR 
TASK 
FORCE 
MEMBERS. 
Section 4(i) of the Act entitled "An Act to provide for the restora-
tion of the fishery resources of the Klamath River Basin, and for 
other purposes" (approved October 27, 1986; 16 U.S.C. 460ss-3(i)) is 
amended to read as follows: 
"(i) EXPENSES.— 
"(1) TRAVEL EXPENSES.—^While away from their homes or 
regular places of business in the performance of services for the 
Task Force, Task Force members shall be allowed travel ex-
penses, including a per diem allowance in lieu of subsistence, in 
the same manner as persons employed intermittently in the 
102 STAT. 3830 
PUBLIC LAW 100-653—NOV. 14, 1988 
Government service are allowed travel expenses under section 
5703 of title 5 of the United States Code. Any Task Force 
member who is an employee of an agency or govemmented unit 
and is eligible for travel expenses from that agency or unit for 
performing services for the Task Force is not eligible for travel 
expenses under this paragraph. 
(2) LIMITATION ON SPENDING AUTHORITY.—No money au-
thorized to be appropriated under section 6 may be used to 
reimburse any agency or governmental unit (whose employees 
are Task Force members) for time spent by any such employee 
performing Task Force duties.". 
SEC. 6
0
2
. 
PROCEDURES 
OF 
COUNCIL 
AND 
TASK 
FORCE. 
(a) COUNCIL PROCEDURES.—Section 3(gXl) of such Act of Octo-
ber 27, 1986 (16 U.S.C. 460ss-2(gXl)) is amended to read as follows: 
"(1) PROCEDURES.—The Council shall establish practices and 
procedures for the carrying out of its functions under subsection 
(b). The procedures shall include requirements that— 
"(A) a quorum of the Council must be present before 
business may be transacted; and 
"(B) no comprehensive plan or recommendation referred 
to in subsection (bXD (A) or (B) may be adopted by the 
Council except by the unanimous vote of aJl members 
present and voting.". 
0)) TASK FORCE PROCEDURES.—Section 4(fKl) of such Act of 
October 27, 1986 (16 U.S.C. 460ss-3(fXl)) is amended to read as 
follows: 
"(1) PROCEDURES.—The Task Force shall establish practices 
and procedures for the carrying out of its functions under 
subsection (b). The procedures shall include the requirement 
that a quorum of the Task Force must be present before busi-
ness may be transacted.". 
SEC. 603. CONFORMING AND TECHNICAL AMENDMENTS. 
Such Act of October 27, 1986, is further amended as follows: 
(1) Sections 3(i) and 4(h) are each amended by striking out "or 
the State of California" and inserting ", the State of California, 
or the State of Oregon". 
(2) Section 3(jXl) is amended by adding at the end thereof the 
following new sentence: "Any Council member who is an em-
ployee of an agency or governmentsd unit and is eligible for 
travel expenses from that agency or unit for performing serv-
ices for the Council is not eligible for travel expenses under this 
paragraph.". 
16 use 460SS-5. 
(3) The first sentence of section 6(a) is amended by inserting 
before the period the following: "and for the pajmient of travel 
expenses under sections 3(j) and 4(i)". 
(4) Section 6(bX3) is amended by striking out "volunteers" and 
all that follows thereafter and inserting "volunteers.". 
SEC. 604. SHORT TITLE. 
Such Act of October 27,1986, is further amended by adding at the 
end thereof the following new section: 
Klamath River 
"SEC. 8. SHORT TITLE. 
iSiurci?^'^ 
"This Act may be cited as the 'Klamath River Basin Fishery 
Restoration Act. 
Resources Restoration Act'.". 
16 use 460ss 
note. 
PUBLIC LAW 100-653—NOV. 14, 1988 
102 STAT. 3831 
TITLE VII—RUSSIAN RIVER STUDY 
California 
SEC. 701. JOINT FEDERAL-STATE STUDY AND RECOMMENDATIONS. 
(a) IN GENERAL.— 
(1) STUDY.—Subject to section 703, the Director of the United 
States Fish and Wildlife Service (hereinafter in this title re-
ferred to as the "Director") and the Secretary of the Army 
(hereinafter in this title referred to as the "Secretary") shall— 
(A) jointly undertake a comprehensive study of the fish-
ery resources and fishery habitats of the Russian River 
(California) beisin (hereinafter in this Act referred to as the 
"basin") and, on the basis of such study, develop goals and 
short-term and long-term recommended actions for maxi-
mizing the restoration and conservation of such resources 
and habitats; 
(B) invite the Director of the Department of Fish and 
Game of the State of California to participate in undertak-
ing the study and developing recommended actions; and 
(C) submit the study and recommended goals and actions 
to Congress before October 1,1991. 
(2) PARTICIPATION OF DIRECTOR OF CAUFORNIA DEPARTMENT OF 
FISH AND GAME.—If there is an affirmative response to the 
invitation extended under paragraph (IXB), the Director of the 
Department of Fish and Game of the State of California is 
authorized to participate jointly with the Director and the 
Secretary in undertaking the study and developing rec-
ommended goals and actions. 
(b) MEMORANDUM OF UNDERSTANDING.—The Director, the Sec-
retary, and the Director of the Department of Fish and Game of the 
State of California, if a joint participant, shall enter into a memo-
randum of understanding which shall set forth the respective 
responsibilities of each of the agencies in carrying out the study 
under this title. The United States Fish and Wildlife Service shall be 
the lead agency for purposes of carrying out this title. 
(c) CONSULTATION.—In carrying out this title, the Director and the 
Secretary shall, to the maximum extent practicable, consult with 
the National Marine Fisheries Service, appropriate commercial and 
recreational fishing interests, affected local governments, and (if the 
joint participation referred to in subsection (aX2) is not effected) the 
Director of the Department of Fish and Game of the State of 
California. 
SEC. 702. STUDY CONTENTS. 
The study referred to in section 701 shall include, but is not 
limited to, the following: 
(1) DESCRIPTION OF FISHERY RESOURCES AND HABITATS.—A 
description of the fishery resources and fishery habitats of the 
basin that is based, to the m£iximum extent practicable, on new 
stream surveys and other field data collected expressly for the 
study. The description shall include, but not be limited to— 
(A) an identification, and an estimate of the extent of 
utilization, of the existing spawning and rearing areas in 
the mainstem and tributaries; 
(B) an evaluation of the quality and quantity of gravels in 
the spawning areas in the mainstem and tributaries; 
(C) estimates of the instream flow needs for steelhead and 
Chinook salmon in the mainstem and tributaries; 
102 STAT. 3832 
PUBLIC LAW 100-653—NOV. 14, 1988 
(D) population estimates of all fish species in the basin 
that are of sport or commercial value; 
(E) an evaluation of the effectiveness of screens on water 
diversions along the mainstem and tributaries; and 
(F) an identification of alternative bank stabilization 
methods which would allow for growth of shade producing 
riparian vegetation. 
(2) DESCRIPTION OF BASIN AND ANALYSIS.—A description of the 
basin and an analysis of how its characteristics, and current 
and planned land and water use practices within the basin, 
have affected, and can be expected to affect, the fishery re-
sources and fishery habitats of the basin. 
(3) HISTORICAL ACCOUNT OF FISHERY RESOURCES AND HABITATS 
AND ANALYSIS.—A historical account of the fishery resources 
and fishery habitats of the basin and an analysis of the current 
status and the trends of such resources and habitats, including 
an analysis of the existing and projected problems facing such 
resources and habitats. 
(4) EVALUATION OF INFORMATION.—An evaluation of the ade-
quacy of the information that is currently available, and speci-
fication of the additional kinds and quantity of information that 
must be obtained, for purposes of carrying out the conservation 
and restoration of the fishery resources and the fishery habitats 
of the basin. 
(5) FEDERAL, STATE, AND LOCAL GOVERNMENT ROLES.—A discus-
sion of the respective roles of the Federal, State, and local 
government authorities that pertain to the conservation and 
restoration of the fishery resources and fishery habitats of the 
basin, with particular attention being given to the fishery 
management plans and responsibilities of such authorities and 
the relationship of such plans with applicable private fishery 
management plans. 
SEC. 703. COST SHARING. 
(a) REQUIREMENT FOR SHARING.—The State of California may not 
jointly participate in undertaking the study referred to in section 
701 or in developing goals and recommended actions unless the 
Director is satisfied that the State of California will pay, on a basis 
considered timely and appropriate by the Director and from non-
Federal sources, one-third of the cost of the study. 
(b) IN-KIND CONTRIBUTIONS.—In addition to cash outlays, the 
Director shall consider as payment by the State of California under 
subsection (a) the value of in-kind contributions and personal prop-
erty provided by, or on behalf of, the State for purposes of carrsdng 
out the study. Valuations made by the Director under this subsec-
tion are final and not subject to judicial review. 
(c) IN-KIND CONTRIBUTIONS.—For purposes of subsection 01)), in-
kind contributions may be in the form of personal services rendered 
by volunteers. 
(d) REGULATIONS.—The Director shall by regulation establish— 
(1) the training, experience, and other qualifications which 
such volunteers must have in order for their services to be 
considered as in-kind contributions; and 
(2) the standards under which the Director will determine the 
value of in-kind contributions and real and personal property 
for purposes of subsection 0>). 
PUBLIC LAW 100-653—NOV. 14, 1988 
102 STAT. 3833 
(e) LIMITATION.—The Director may not consider the expenditure, 
either directly or indirectly, with respect to the study of Federal 
moneys received by the State of California or any local government 
of such State to be a financial contribution from a non-Federal 
source to carry out the study. 
SEC. 704. AUTHORIZATION OF APPROPRIATIONS. 
For carpdng out this Act there are authorized to be appropriated 
to the Director and to the Secretary a total of not more than 
$2,000,000 for fiscal years 1990 and 1991. 
TITLE VIII—AMENDMENTS TO THE FISH AND WILDLIFE 
CONSERVATION ACT OF 1980 
SEC. 801. AUTHORIZATION OF APPROPRIATIONS. 
Section 11 of the Fish and WUdlife Conservation Act of 1980 (16 
U.S.C. 2910) is amended by striking "and 1988." and inserting in lieu 
thereof "1988,1989, and 1990.". 
SEC. 802. FEDERAL CONSERVATION OF MIGRATORY NONGAME BIRDS. 
After section 12 of the Fish and Wildlife Conservation Act of 1980 
(16 U.S.C. 2910), add the following new section: 
"SEC. 13. FEDERAL CONSERVATION OF MIGRATORY NONGAME BIRDS. 
16 USC 2912. 
"(a) CONSERVATION AcxivrriES.—The Secretary shall undertake 
Research and 
the following research and conservation activities, in coordination 
development. 
with other Federal, State, international and private organizations, 
to assist in fulfilling his responsibilities to conserve migratory 
nongame birds under existing authorities provided by the Migratory 
Bird Treaty Act and Migratory Bird Conservation Act (16 U.S.C. 
701-715) and section 8A(e) of the Endangered Species Act (16 U.S.C. 
1537A(e)) implementing the O)nvention on Nature Protection and 
Wildlife Preservation in the Western Hemisphere: 
"(1) monitor and assess population trends and status of spe-
cies, subspecies, and populations of all migratory nongame 
birds; 
"(2) identify the effects of environmental chsmges and human 
activities on species, subspecies, and populations of all migra-
tory nongame birds; 
' (3) identify species, subspecies, and populations of all migra-
tory nongame birds that, without additional conservation ac-
tions, are likely to become candidates for listing under the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-
1543); and 
"(4) identify conservation actions to assure that species, sub-
species, and populations of migratory nongame birds identified 
under paragraph (3) do not reach the point at which the meas-
ures provided pursuant to the Endangered Species Act of 1973, 
as amended (16 U.S.C. 1531-1543) become necessary. 
"(b) REPORTS.—Within one year after the date of enactment of this 
Act, and at five-year intervals thereafter, the Secretary shall pre-
pare a report that presents the results of the activities taken 
pursuant to subsection (a) of this section and that describes any 
efforts to carry out those conservation actions identified pur-
suant to paragraph (4) of subsection (a) of this section. Such reports 
shall be submitted to the Committee on Environment and Public 
Works of the United States Senate and to the (Dommittee on 
102 STAT. 3834 
PUBLIC LAW 100-653—NOV. 14, 1988 
Merchant Marine and Fisheries of the United States House of 
Representatives.". 
TITLE IX—MISCELLANEOUS AMENDMENTS 
State and local 
SEC. 901. RELINQUISHMENT OF EXCLUSIVE LEGISLATIVE JURISDICTION. 
ferritoriS US. 
Notwithstanding any other provision of law, the Secretary of the 
1
6 use 742m. 
Interior, acting through the Director of the United States Fish and 
Wildlife Service, may relinquish to a State, or to a Commonwealth, 
territory, or possession of the United States, the exclusive legislative 
jurisdiction of the United States over all or part of any United 
States Fish and Wildlife Service lands or interests therein, including 
but not limited to National Wildlife Refuge System and National 
Fish Hatchery System lands, in that State, Commonwealth, terri-
tory, or possession. Relinquishment of exclusive legislative jurisdic-
tion under this subsection may be accomplished (1) by filing with the 
Governor (or, if none, the chief executive officer) of the State, 
Commonwealth, territory, or possession concerned, a notice of relin-
quishment to take effect upon acceptance thereof, or (2) as the laws 
of the State, Commonwealth, territory, or possession may otherwise 
provide. 
SEC. 902. REMOVAL OF THE A. REGINA. 
Section 1115 of the Water Resources Development Act of 1986, 
Public Law 99-662 (1986), 100 Stat. 4235, shall be amended by 
striking the final period thereof and by adding thereafter the follow-
ing: ": Provided, That, in furtherance of the work authorized by 
paragraph (3) hereof, and conditioned on successful removal of the 
A. Regina, the Secretary of the Army is hereby authorized to 
transfer upon such conditions as he shall deem fit the title to a 
Delong Pier Jack-Up Barge Type A, serial number BPA6814, di-
rectly to any entity, including any private corporation to be used to 
assist in the removal of the wreck of the said A. Regina. Procedures 
otherwise governing the disposal of government property, shall not 
apply to the above authorized transfer of title. The foregoing actions 
shall be at no cost to the United States, and shall constitute full 
compliance by the Secretary of the Army with the requirement of 
paragraph (3) hereof". 
SEC. 903. AMENDMENT TO THE NATIONAL FISH AND WILDLIFE FOUNDA-
TION ESTABLISHMENT ACT. 
Section 5 of the Act of March 26, 1984 (16 U.S.C. 3704), otherwise 
known as the "National Fish and Wildlife Foundation Establish-
ment Act", is amended by inserting the following at the end of 
section 5: "Notwithstanding any other provision of this section, the 
Secretary of the Interior is authorized to continue to provide facili-
ties, and necessary support services for such facilities, to the Na-
tional Fish and Wildlife Foundation after March 26,1989, on a space 
available, reimbursable cost basis.". 
SEC. 904. AMENDMENT TO THE NATIONAL WILDLIFE REFUGE SYSTEM 
ADMINISTRATION ACT OF 1966. 
Subsection (e) of section 4 of the Act of October 15,1966 (16 U.S.C. 
668dd(e)), otherwise known as the "National Wildlife Refuge System 
Administration Act of 1966", is amended by striking "thereunder" 
and all that follows through the end of the sentence and inserting in 
PUBLIC LAW 100-653—NOV. 14, 1988 
102 STAT. 3835 
lieu thereof "thereunder shall be fined under title 18, United States 
Code, or imprisoned for not more than 1 year, or both.". 
SEC. 905. TECHNICAL CORRECTION. 
Section 9(dXlXA) of the Endangered Species Act of 1973 (16 U.S.C. 
1538(dXlXA)), as amended by the African Elephant Conservation 
Act, is amended further by striking "recreational purposes); or" and 
inserting in lieu thereof "recreational purposes) or plants; or". 
TITLE X—PROTECTION OF MASSACHUSETTS BAY 
SEC. 1001. SHORT TITLE. 
This title may be cited as the "Massachusetts Bay Protection Act 
of 1988". 
SEC. 1002. DEFINITION. 
For purposes of this title, the term "Massachusetts Bay" includes 
Massachusetts Bay, Cape Cod Bay, and Boston Harbor, consisting of 
an area extending from Cape Ann, Massachusetts south to the 
northern reach of Cape Cod, Massachusetts. 
SEC. 1003. FINDINGS AND PURPOSE. 
(a) FINDINGS.—^The Congress finds and declares that— 
(1) Massachusetts Bay comprises a single major estuarine and 
oceanographic system extending from Cape Ann, Massachusetts 
south to the northern reaches of Cape Cod, encompassing 
Boston Harbor, Massachusetts Bay, and Cape Cod Bay; 
(2) several major riverine systems, including the Charles, 
Neponset, and Mystic Rivers, drain the watersheds of eastern 
Massachusetts into the Bay; 
(3) the shorelines of Massachusetts Bay, first occupied in the 
middle 1600's, are home to over 4 million people and support a 
thriving industrial and recreational economy; 
(4) Massachusetts Bay supports important commercial fish-
eries, including lobsters, finfish, and shellfisheries, and is home 
to or frequented by sevei^ endangered species and marine 
mammals; 
(5) Massachusetts Bay also constitutes an important rec-
reational resource, providing fishing, swimming, and boating 
opportunities to the i^ion; 
(6) rapidly expanding coastal populations and pollution pose 
increasing threats to the long-term health and integrity of 
Massachusetts Bay; 
(7) while the cleanup of Boston Harbor will contribute signifi-
cantly to improving tho^ overall environmental quality of 
Massachusetts Bay, expanded efforts encompassing the entire 
ecosystem will be necessary to ensure its long-term health; 
(8) the concerted efforts of all levels of Government, the 
private sector, and the public at large will be necessary to 
protect and enhance the environment£d integrity of Massachu-
setts Bay; and 
(9) the designation of Massachusetts Bay as an Estuary of 
National Significance and the development of a comprehensive 
plan for protecting and restoring the Bay may contribute 
significantly to its long-term health and environmental 
int^rity. 
Massachusetts 
Bay Protection 
Act of 1988. 
Environmental 
protection. 
33 use 1251 
note. 
33 use 1330 
note. 
33 u s e 1330 
note. 
102 STAT. 3836 
PUBLIC LAW 100-653—NOV. 14, 1988 
(b) PURPOSE.—The purpose of this title is to protect and enhance 
the environmental quality of Massachusetts Bay by providing for its 
designation as an Estuary of National Significance and by providing 
for the preparation of a comprehensive restoration plan for the Bay. 
SEC. 1004. DESIGNATION AS ESTUARY OF NATIONAL SIGNIFICANCE. 
Section 320(aX2XB) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(aX2XB)) is amended by inserting "Massachusetts Bay, 
Massachusetts (including Cape Cod Bay and Boston Harbor);" after 
"Buzzards Bay, Massachusetts;". 
33 u s e 1330 
SEC. 1005. FUNDING SOURCES. 
Within one year of enactment, the Administrator of the United 
States Environmental Protection Agency and the Governor of 
Massachusetts shall undertake to identify and make available 
sources of funding to support activities pertaining to Mcissachusetts 
Bay undertaken pursuant to or authorized by section 320 of the 
Clean Water Act, and shall make every effort to coordinate existing 
research, monitoring or control efforts with such activities. 
Approved November 14, 1988. 
LEGISLATIVE HISTORY—H.R. 4030: 
HOUSE REPORTS: No. 100-732 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 100-563 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
July 26, considered and passed House. 
Oct. 14, considered and passed Senate, amended. 
Oct. 19, House concurred in Senate amendments.