§ 4401. — Findings and statement of purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4401]
TITLE 16--CONSERVATION
CHAPTER 64--NORTH AMERICAN WETLANDS CONSERVATION
Sec. 4401. Findings and statement of purpose
(a) Findings
The Congress finds and declares that--
(1) the maintenance of healthy populations of migratory birds in
North America is dependent on the protection, restoration, and
management of wetland ecosystems and associated habitats in Canada,
as well as in the United States and Mexico;
(2) wetland ecosystems provide essential and significant habitat
for fish, shellfish, and other wildlife of commercial, recreational,
scientific, and aesthetic values;
(3) almost 35 per centum of all rare, threatened, and endangered
species of animals are dependent on wetland ecosystems;
(4) wetland ecosystems provide substantial flood and storm
control values and can obviate the need for expensive manmade
control measures;
(5) wetland ecosystems make a significant contribution to water
availability and quality, recharging ground water, filtering surface
runoff, and providing waste treatment;
(6) wetland ecosystems provide aquatic areas important for
recreational and aesthetic purposes;
(7) more than 50 per centum of the original wetlands in the
United States alone have been lost;
(8) wetlands destruction, loss of nesting cover, and degradation
of migration and wintering habitat have contributed to long-term
downward trends in populations of migratory bird species such as
pintails, American bitterns, and black ducks;
(9) the migratory bird treaty obligations of the United States
with Canada, Mexico, and other countries require protection of
wetlands that are used by migratory birds for breeding, wintering,
or migration and are needed to achieve and to maintain optimum
population levels, distributions, and patterns of migration;
(10) the 1988 amendments to the Fish and Wildlife Conservation
Act of 1980 require the Secretary of the Interior to identify
conservation measures to assure that nongame migratory bird species
do not reach the point at which measures of the Endangered Species
Act of 1973 [16 U.S.C. 1531 et seq.] are necessary;
(11) protection of migratory birds and their habitats requires
long-term planning and the close cooperation and coordination of
management activities by Canada, Mexico, and the United States
within the framework of the 1916 and 1936 Migratory Bird Conventions
and the Convention on Nature Protection and Wildlife Preservation in
the Western Hemisphere;
(12) the North American Waterfowl Management Plan, signed in
1986 by the Minister of Environment for Canada and the Secretary of
the Interior for the United States and in 1994 by the Secretary of
Sedesol for Mexico, provides a framework for maintaining and
restoring an adequate habitat base to ensure perpetuation of
populations of North American waterfowl and other migratory bird
species;
(13) a tripartite agreement signed in March 1988, by the
Director General for Ecological Conservation of Natural Resources of
Mexico, the Director of the Canadian Wildlife Service, and the
Director of the United States Fish and Wildlife Service, provides
for expanded cooperative efforts in Mexico to conserve wetlands for
migratory birds that spend the winter there;
(14) the long-term conservation of migratory birds and habitat
for these species will require the coordinated action of
governments, private organizations, landowners, and other citizens;
and
(15) the treaty obligations of the United States under the
Convention on Wetlands of International Importance especially as
waterfowl habitat requires promotion of conservation and wise use of
wetlands.
(b) Purpose
The purposes of this chapter are to encourage partnership among
public agencies and other interests--
(1) to protect, enhance, restore, and manage an appropriate
distribution and diversity of wetland ecosystems and habitats
associated with wetland ecosystems and other fish and wildlife in
North America;
(2) to maintain current or improved distributions of wetland
associated migratory bird populations; and
(3) to sustain an abundance of waterfowl and other wetland
associated migratory birds consistent with the goals of the North
American Waterfowl Management Plan, the United States Shorebird
Conservation Plan, the North American Waterbird Conservation Plan,
the Partners In Flight Conservation Plans, and the international
obligations contained in the migratory bird treaties and conventions
and other agreements with Canada, Mexico, and other countries.
(Pub. L. 101-233, Sec. 2, Dec. 13, 1989, 103 Stat. 1968; Pub. L. 107-
308, Secs. 3, 8(a)(1), (2), Dec. 2, 2002, 116 Stat. 2446, 2447.)
References in Text
The Fish and Wildlife Conservation Act of 1980, referred to in
subsec. (a)(10), is Pub. L. 96-366, Sept. 29, 1980, 94 Stat. 1322, as
amended, which is classified generally to chapter 49 (Sec. 2901 et seq.)
of this title. In 1988, section 2912 of that chapter was enacted and
section 2910 of that chapter was amended by Pub. L. 100-653, title VIII,
Nov. 14, 1988, 102 Stat. 3833. For complete classification of this Act
to the Code, see Short Title note set out under section 2901 of this
title and Tables.
The Endangered Species Act of 1973, referred to in subsec. (a)(10),
is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified generally to chapter 35 (Sec. 1531 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1531 of this title and Tables.
This chapter, referred to in subsec. (b), was in the original ``this
Act'', meaning Pub. L. 101-233, Dec. 13, 1989, 103 Stat. 1968, as
amended, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
below and Tables.
Amendments
2002--Subsec. (a)(1). Pub. L. 107-308, Sec. 3(a), substituted ``and
associated habitats'' for ``and other habitats''.
Subsec. (a)(10). Pub. L. 107-308, Sec. 8(a)(1), inserted ``of 1973''
after ``Endangered Species Act''.
Subsec. (a)(12). Pub. L. 107-308, Sec. 8(a)(2), inserted ``and in
1994 by the Secretary of Sedesol for Mexico'' after ``United States''.
Subsec. (b)(1). Pub. L. 107-308, Sec. 3(b)(1), substituted ``and
habitats associated with wetland ecosystems'' for ``and other habitats
for migratory birds''.
Subsec. (b)(2). Pub. L. 107-308, Sec. 3(b)(2), inserted ``wetland
associated'' before ``migratory bird''.
Subsec. (b)(3). Pub. L. 107-308, Sec. 3(b)(3), inserted ``wetland
associated'' before ``migratory birds'' and ``, the United States
Shorebird Conservation Plan, the North American Waterbird Conservation
Plan, the Partners In Flight Conservation Plans,'' after ``North
American Waterfowl Management Plan''.
Short Title of 2002 Amendment
Pub. L. 107-308, Sec. 1, Dec. 2, 2002, 116 Stat. 2446, provided
that: ``This Act [amending this section and sections 4402 to 4404, 4406,
4407, 4409, and 4413 of this title, enacting provisions set out as a
note under section 4403 of this title, and amending provisions set out
as a note under section 461 of this title] may be cited as the `North
American Wetlands Conservation Reauthorization Act'.''
Short Title of 1998 Amendment
Pub. L. 105-312, title III, Sec. 301, Oct. 30, 1998, 112 Stat. 2958,
provided that: ``This title [amending sections 3744 and 4406 of this
title and enacting provisions set out as a note under section 4403 of
this title] may be cited as the `Wetlands and Wildlife Enhancement Act
of 1998'.''
Short Title of 1994 Amendment
Pub. L. 103-375, Sec. 1, Oct. 19, 1994, 108 Stat. 3494, provided
that: ``This Act [enacting section 4414 of this title and amending
sections 3742 to 3744, 3955, 4406, 4407, 4409, and 4410 of this title]
may be cited as the `North American Wetlands Conservation Act Amendments
of 1994'.''
Short Title
Section 1 of Pub. L. 101-233 provided that: ``This Act [enacting
this chapter, amending sections 669b, 669c, 703, 715a, 2912, and 3931 of
this title, enacting provisions set out as a note under section 669b of
this title, and amending provisions set out as a note under section
668dd of this title] may be cited as the `North American Wetlands
Conservation Act'.''
