CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
Title 16 > CHAPTER 67
Sections (18)
§ 4701 Findings and purposes
(a) Findings The Congress finds that— the discharge of untreated water in the ballast tanks of vessels and through other means results in unintentional introductions of nonindigenous species to fresh, brackish, and saltwater environments; when environmental conditions are favorable, nonindigenous species become established, may compete with or prey upon native species of plants, fish, and wildlife, may carry diseases or parasites that affect native species, and may disrupt the aquatic environment and economy of affected nearshore areas; the zebra mussel was unintentionally introduced into the Great Lakes and has infested— waters south of the Great Lakes, into a good portion of the Mississippi River drainage; waters west of the Great Lakes, into the Arkansas River in Oklahoma; and waters east of the Great Lakes, into the Hudson River and Lake Champlain; the potential economic disruption to communities affected by the zebra mussel due to its colonization of water pipes, boat hulls and other hard surfaces has been estimated at $5,000,000,000 by the year 2000, and the potential disruption to the diversity and abundance of native fish and other species by the zebra mussel and ruffe, round goby, and other nonindigenous species could be severe; the zebra mussel was discovered on Lake Champlain during 1993 and the opportunity exists to act quickly to establish zebra mussel controls before Lake Champlain is further infested and management costs escalate; in 1992, the zebra mussel was discovered at the northernmost reaches of the Chesapeake Bay watershed; the zebra mussel poses an imminent risk of invasion in the main waters of the Chesapeake Bay; since the Chesapeake Bay is the largest recipient of foreign ballast water on the East Coast, there is a risk of further invasions of other nonindigenous species; the zebra mussel is only one example of thousands of nonindigenous species that have become established in waters of the United States and may be causing economic and ecological degradation with respect to the natural resources of waters of the United States; since their introduction in the early 1980’s in ballast water discharges, ruffe— have caused severe declines in populations of other species of fish in Duluth Harbor (in Minnesota and Wisconsin); have spread to Lake Huron; and are likely to spread quickly to most other waters in North America if action is not taken promptly to control their spread; examples of nonindigenous species that, as of October 26, 1996 , infest coastal waters of the United States and that have the potential for causing adverse economic and ecological effects include— the mitten crab (Eriocher sinensis) that has become established on the Pacific Coast; the green crab (Carcinus maenas) that has become established in the coastal waters of the Atlantic Ocean; the brown mussel (Perna perna) that has become established along the Gulf of Mexico; and certain shellfish pathogens; many aquatic nuisance vegetation species, such as Eurasian watermilfoil, hydrilla, water hyacinth, and water chestnut, have been introduced to waters of the United States from other parts of the world causing or having a potential to cause adverse environmental, ecological, and economic effects; if preventive management measures are not taken nationwide to prevent and control unintentionally introduced nonindigenous aquatic species in a timely manner, further introductions and infestations of species that are as destructive as, or more destructive than, the zebra mussel or the ruffe infestations may occur; once introduced into waters of the United States, aquatic nuisance species are unintentionally transported and introduced into inland lakes and rivers by recreational boaters, commercial barge traffic, and a variety of other pathways; and resolving the problems associated with aquatic nuisance species will require the participation and cooperation of the Federal Government and State governments, and investment in the development of prevention technologies.
(b) Purposes The purposes of this chapter are— to prevent unintentional introduction and dispersal of nonindigenous species into waters of the United States through ballast water management and other requirements; to coordinate federally conducted, funded, or authorized research, prevention control, information dissemination and other activities regarding the zebra mussel and other aquatic nuisance species; to develop and carry out environmentally sound control methods to prevent, monitor and control unintentional introductions of nonindigenous species from pathways other than ballast water exchange; to understand and minimize economic and ecological impacts of nonindigenous aquatic nuisance species that become established, including the zebra mussel; and to establish a program of research and technology development and assistance to States in the management and removal of zebra mussels.
§ 4702 Definitions
As used in this chapter, the term— “aquatic nuisance species” means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural or recreational activities dependent on such waters; “Assistant Secretary” means the Assistant Secretary of the Army (Civil Works); “ballast water” means any water and associated sediments used to manipulate the trim and stability of a vessel; “Director” means the Director of the United States Fish and Wildlife Service; “exclusive economic zone” means the Exclusive Economic Zone of the United States established by Proclamation Number 5030, dated March 10, 1983 , and the equivalent zone of Canada; “environmentally sound” methods, efforts, actions or programs means methods, efforts, actions or programs to prevent introductions or control infestations of aquatic nuisance species that minimize adverse impacts to the structure and function of an ecosystem and adverse effects on non-target organisms and ecosystems and emphasize integrated pest management techniques and nonchemical measures; “Great Lakes” means Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, Lake Superior, and the connecting channels (Saint Mary’s River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border), and includes all other bodies of water within the drainage basin of such lakes and connecting channels. 1 “Great Lakes region” means the 8 States that border on the Great Lakes; “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.)) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; “interstate organization” means an entity— established by— an interstate compact that is approved by Congress; a Federal statute; or a treaty or other international agreement with respect to which the United States is a party; and that represents 2 or more— States or political subdivisions thereof; or Indian tribes; or that represents— 1 or more States or political subdivisions thereof; and 1 or more Indian tribes; or that represents the Federal Government and 1 or more foreign governments; and has jurisdiction over, serves as forum for coordinating, or otherwise has a role or responsibility for the management of, any land or other natural resource; “nonindigenous species” means any species or other viable biological material that enters an ecosystem beyond its historic range, including any such organism transferred from one country into another; “Secretary” means the Secretary of the department in which the Coast Guard is operating; “State” means each of the several States, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands of the United States; “recreational vessel” has the meaning given that term in section 1362 of title 33 ; “Task Force” means the Aquatic Nuisance Species Task Force established under section 4721 of this title ; “territorial sea” means the belt of the sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988 ; “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere; “waters of the United States” means the navigable waters and the territorial sea of the United States; and “unintentional introduction” means an introduction of nonindigenous species that occurs as the result of activities other than the purposeful or intentional introduction of the species involved, such as the transport of nonindigenous species in ballast or in water used to transport fish, mollusks or crustaceans for aquaculture or other purposes. ( Pub. L. 101–646, title I, § 1003 , Nov. 29, 1990 , 104 Stat. 4762 ; Pub. L. 102–580, title III, § 302(b)(2) , Oct. 31, 1992 , 106 Stat. 4839 ; Pub. L. 104–332, § 2(a)(2) , (h)(1), (3), Oct. 26, 1996 , 110 Stat. 4074 , 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(a) , (e)(2), Dec. 23, 2022 , 136 Stat. 4096 , 4098.)
§ 4711 Repealed. Pub. L. 115–282, title IX, § 903(a)(2)(A)(i), Dec. 4, 2018, 132 Stat. 4354
§ 4712 National ballast water management information
(a) Studies on introduction of aquatic nuisance species by vessels The Task Force, in cooperation with the Secretary, shall conduct a study— to assess the environmental effects of ballast water exchange on the diversity and abundance of native species in receiving estuarine, marine, and fresh waters of the United States; and to identify areas within the waters of the United States and the exclusive economic zone, if any, where the exchange of ballast water does not pose a threat of infestation or spread of aquatic nuisance species in the Great Lakes and other waters of the United States. The Task Force, in cooperation with the Secretary, shall conduct a study to determine whether aquatic nuisance species threaten the ecological characteristics and economic uses of Lake Champlain and other waters of the United States other than the Great Lakes. The Secretary shall conduct a study to determine the need for controls on vessels entering waters of the United States, other than the Great Lakes, to minimize the risk of unintentional introduction and dispersal of aquatic nuisance species in those waters. The study shall include an examination of— the degree to which shipping may be a major pathway of transmission of aquatic nuisance species in those waters; possible alternatives for controlling introduction of those species through shipping; and the feasibility of implementing regional versus national control measures.
(b) Ecological and ballast water discharge surveys The Task Force, in cooperation with the Secretary, shall conduct ecological surveys of the Chesapeake Bay, San Francisco Bay, and Honolulu Harbor and, as necessary, of other estuaries of national significance and other waters that the Task Force determines— to be highly susceptible to invasion by aquatic nuisance species resulting from ballast water operations and other operations of vessels; and to require further study. In conducting the surveys under this paragraph, the Task Force shall, with respect to each such survey— examine the attributes and patterns of invasions of aquatic nuisance species; and provide an estimate of the effectiveness of ballast water management and other vessel management guidelines issued and regulations promulgated under this subchapter in abating invasions of aquatic nuisance species in the waters that are the subject of the survey. The Secretary, in cooperation with the Task Force, shall conduct surveys of ballast water discharge rates and practices in the waters referred to in paragraph (1)(A) on the basis of the criteria under clauses (i) and (ii) of such paragraph. In conducting the surveys under this paragraph, the Secretary shall— examine the rate of, and trends in, ballast water discharge in the waters that are the subject of the survey; and assess the effectiveness of voluntary guidelines issued, and regulations promulgated, under this subchapter in altering ballast water discharge practices to reduce the probability of accidental introductions of aquatic nuisance species. The Secretary, in cooperation with the Task Force and academic institutions in each of the States affected, shall conduct an ecological and ballast water discharge survey of the Columbia River system consistent with the requirements of paragraphs (1) and (2).
(c) Reports Not later than 18 months after November 29, 1990 , and prior to the effective date of the regulations issued under section 4711(b) of this title (as in effect on the day before December 4, 2018 ), the Task Force shall submit a report to the Congress that presents the results of the study required under subsection (a)(1) and makes recommendations with respect to such regulations. Not later than 18 months after November 29, 1990 , the Secretary and the Task Force shall each submit to the Congress a report on the results of their respective studies under paragraphs (2) and (3) of subsection (a).
(d) Negotiations The Secretary, working through the International Maritime Organization, is encouraged to enter into negotiations with the governments of foreign countries concerning the planning and implementation of measures aimed at the prevention and control of unintentional introductions of aquatic nuisance species in coastal waters.
(e) Regional research grants Out of amounts appropriated to carry out this subsection for a fiscal year, the Under Secretary may— make available not to exceed 500,000 to fund research on aquatic nuisance species prevention and control in the Gulf of Mexico through grants, to be competitively awarded and subject to peer review, to universities and research institutions; make available not to exceed 500,000 to fund research on aquatic nuisance species prevention and control for the Atlantic Coast through grants, to be competitively awarded and subject to peer review, to universities and research institutions; and make available not to exceed $750,000 to fund research on aquatic nuisance species prevention and control in the San Francisco Bay-Delta Estuary through grants, to be competitively awarded and subject to peer review, to universities and research institutions.
(f) National ballast information clearinghouse The Secretary shall develop and maintain, in consultation and cooperation with the Task Force and the Smithsonian Institution (acting through the Smithsonian Environmental Research Center), a clearinghouse of national data concerning— ballasting practices; compliance with the guidelines issued pursuant to section 4711(c) of this title (as in effect on the day before December 4, 2018 ); and any other information obtained by the Task Force under subsection (b). The owner or operator of a vessel subject to this chapter shall submit to the National Ballast Information Clearinghouse, by not later than 6 hours after the arrival of the vessel at a United States port or place of destination, the ballast water management report form approved by the Office of Management and Budget numbered OMB 1625–0069 (or a successor form), unless the vessel is operating exclusively on a voyage between ports or places within contiguous portions of a single Captain of the Port Zone. The owner or operator of a vessel subject to this chapter may submit a single report under subparagraph (A) for multiple ballast water discharges within a single port or place of destination during the same voyage. A State may require the owner or operator of a vessel subject to this chapter to submit directly to the State, or to an appropriate regional forum, a ballast water management report form— not later than 24 hours prior to arrival at a United States port or place of destination in the State, if the voyage of the vessel is anticipated to exceed 24 hours; or before departing the port or place of departure, if the voyage of the vessel to the United States port or place of destination is not anticipated to exceed 24 hours. On receipt of a ballast water management report under paragraph (2), the National Ballast Information Clearinghouse shall— in the case of a form submitted electronically, immediately disseminate the report to interested States; or in the case of a form submitted by means other than electronically, disseminate the report to interested States as soon as practicable. Not later than 30 days after the date of receipt of a ballast water management report under paragraph (2), the National Ballast Information Clearinghouse shall make the data in the report fully and readily available to the public in a searchable and fully retrievable electronic format. Not later than July 1, 2019 , and annually thereafter, the Secretary shall prepare and submit a report in accordance with this paragraph. Each report under this paragraph shall synthesize and analyze the data described in paragraph (1) for the preceding 2-year period to evaluate nationwide status and trends relating to— ballast water delivery and management; and invasions of aquatic nuisance species resulting from ballast water. The Secretary shall prepare each report under this paragraph in consultation and cooperation with— the Task Force; and the Smithsonian Institution (acting through the Smithsonian Environmental Research Center). The Secretary shall— submit each report under this paragraph to— the Task Force; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives; and make each report available to the public. Not later than 1 year after December 4, 2018 , the Secretary shall establish a working group, including members from the National Ballast Information Clearinghouse and States with ballast water management programs, to establish a process for compiling and readily sharing Federal and State commercial vessel reporting and enforcement data regarding compliance with this chapter.
§ 4713 Armed services ballast water programs
(a) Department of Defense vessels Subject to operational conditions, the Secretary of Defense, in consultation with the Secretary, the Task Force, and the International Maritime Organization, shall implement a ballast water management program for seagoing vessels of the Department of Defense to minimize the risk of introduction of nonindigenous species from releases of ballast water.
(b) Coast Guard vessels Subject to operational conditions, the Secretary, in consultation with the Task Force and the International Maritime Organization, shall implement a ballast water management program for seagoing vessels of the Coast Guard to minimize the risk of introduction of nonindigenous species from releases of ballast water.
§ 4714 Ballast water management demonstration program
(a) “Technologies and practices” defined For purposes of this section, the term “technologies and practices” means those technologies and practices that— may be retrofitted— on existing vessels or incorporated in new vessel designs; and on existing land-based ballast water treatment facilities; may be designed into new water treatment facilities; are operationally practical; are safe for a vessel and crew; are environmentally sound; are cost-effective; a vessel operator is capable of monitoring; and are effective against a broad range of aquatic nuisance species.
(b) Demonstration program During the 18-month period beginning on the date that funds are made available by appropriations pursuant to section 4741(e) of this title , the Secretary of the Interior and the Secretary of Commerce, with the concurrence of and in cooperation with the Secretary, shall conduct a ballast water management demonstration program to demonstrate technologies and practices to prevent aquatic nonindigenous species from being introduced into and spread through ballast water in the Great Lakes and other waters of the United States. The installation and construction of the technologies and practices used in the demonstration program conducted under this subsection shall be performed in the United States. In demonstrating technologies and practices on vessels under this subsection, the Secretary of the Interior and the Secretary of Commerce, shall— use only vessels that— are approved by the Secretary; have ballast water systems conducive to testing aboard-vessel or land-based technologies and practices applicable to a significant number of merchant vessels; and are— publicly or privately owned; and in active use for trade or other cargo shipment purposes during the demonstration; select vessels for participation in the program by giving priority consideration— first, to vessels documented under chapter 121 of title 46; second, to vessels that are a majority owned by citizens of the United States, as determined by the Secretary; and third, to any other vessels that regularly call on ports in the United States; and seek to use a variety of vessel types, including vessels that— call on ports in the United States and on the Great Lakes; and are operated along major coasts of the United States and inland waterways, including the San Francisco Bay and Chesapeake Bay. In selecting technologies and practices for demonstration under this subsection, the Secretary of the Interior and the Secretary of Commerce shall give priority consideration to technologies and practices identified as promising by the National Research Council Marine Board of the National Academy of Sciences in its report on ships’ ballast water operations issued in July 1996. Not later than 3 years after October 26, 1996 , the Secretary of the Interior and the Secretary of Commerce shall prepare and submit a report to the Congress on the demonstration program conducted pursuant to this section. The report shall include findings and recommendations of the Secretary of the Interior and the Secretary of Commerce concerning technologies and practices.
(c) Authorities; consultation and cooperation with International Maritime Organization and Task Force In conducting the demonstration program under subsection (b), the Secretary of the Interior may— enter into cooperative agreements with appropriate officials of other agencies of the Federal Government, agencies of States and political subdivisions thereof, and private entities; accept funds, facilities, equipment, or personnel from other Federal agencies; and accept donations of property and services. The Secretary of the Interior shall consult and cooperate with the International Maritime Organization and the Task Force in carrying out this section.
§ 4721 Establishment of Task Force
(a) Task Force There is hereby established an “Aquatic Nuisance Species Task Force”.
(b) Membership Membership of the Task Force shall consist of— the Director; the Under Secretary; the Administrator of the Environmental Protection Agency; the Commandant of the United States Coast Guard; the Assistant Secretary; the Secretary of Agriculture; the Director of the National Park Service; the Director of the Bureau of Land Management; the Commissioner of Reclamation; and the head of any other Federal agency that the chairpersons designated under subsection (d) deem appropriate.
(c) Ex officio members The chairpersons designated under subsection (d) shall invite representatives of the Great Lakes Commission, the Patrick Leahy Lake Champlain Basin Program, the Chesapeake Bay Program, the San Francisco Bay-Delta Estuary Program, and State agencies and other governmental entities to participate as ex officio members of the Task Force.
(d) Chairpersons The Director and the Under Secretary shall serve as co-chairpersons of the Task Force and shall be jointly responsible, and are authorized to undertake such activities as may be necessary, for carrying out this subchapter in consultation and cooperation with the other members of the Task Force.
(e) Memorandum of understanding Within six months of November 29, 1990 , the Director and the Under Secretary shall develop a memorandum of understanding that describes the role of each in jointly carrying out this subchapter.
(f) Coordination Each Task Force member shall coordinate any action to carry out this subchapter with any such action by other members of the Task Force, and regional, State and local entities.
(g) Observers The chairpersons designated under subsection (d) may invite representatives of nongovernmental entities to participate as observers of the Task Force.
§ 4722 Aquatic nuisance species program
(a) In general The Task Force shall develop and implement a program for waters of the United States to prevent introduction and dispersal of aquatic nuisance species; to monitor, control and study such species; and to disseminate related information.
(b) Content The program developed under subsection (a) shall— identify the goals, priorities, and approaches for aquatic nuisance species prevention, monitoring, control, education and research to be conducted or funded by the Federal Government; describe the specific prevention, monitoring, control, education and research activities to be conducted by each Task Force member; coordinate aquatic nuisance species programs and activities of Task Force members and affected State agencies; describe the role of each Task Force member in implementing the elements of the program as set forth in this subchapter; include recommendations for funding to implement elements of the program; and develop a demonstration program of prevention, monitoring, control, education and research for the zebra mussel, to be implemented in the Great Lakes and any other waters infested, or likely to become infested in the near future, by the zebra mussel.
(c) Prevention The Task Force shall establish and implement measures, within the program developed under subsection (a), to minimize the risk of introduction of aquatic nuisance species to waters of the United States, including— identification of pathways by which aquatic organisms are introduced to waters of the United States; assessment of the risk that an aquatic organism carried by an identified pathway may become an aquatic nuisance species; and evaluation of whether measures to prevent introductions of aquatic nuisance species are effective and environmentally sound. Whenever the Task Force determines that there is a substantial risk of unintentional introduction of an aquatic nuisance species by an identified pathway and that the adverse consequences of such an introduction are likely to be substantial, the Task Force shall, acting through the appropriate Federal agency, and after an opportunity for public comment, carry out cooperative, environmentally sound efforts with regional, State and local entities to minimize the risk of such an introduction.
(d) Monitoring The Task Force shall establish and implement monitoring measures, within the program developed under subsection (a), to— detect unintentional introductions of aquatic nuisance species; determine the dispersal of aquatic nuisance species after introduction; and provide for the early detection and prevention of infestations of aquatic nuisance species in unaffected drainage basins.
(e) Control The Task Force may develop cooperative efforts, within the program established under subsection (a), to control established aquatic nuisance species to minimize the risk of harm to the environment and the public health and welfare. For purposes of this chapter, control efforts include eradication of infestations, reductions of populations, development of means of adapting human activities and public facilities to accommodate infestations, and prevention of the spread of aquatic nuisance species from infested areas. Such control efforts shall be developed in consultation with affected Federal agencies, States, Indian Tribes, local governments, interjurisdictional organizations, and other appropriate entities. Control actions authorized by this section shall be based on the best available scientific information and shall be conducted in an environmentally sound manner. The Task Force or any other affected agency or entity may recommend that the Task Force initiate a control effort. In determining whether a control program is warranted, the Task Force shall evaluate the need for control (including the projected consequences of no control and less than full control); the technical and biological feasibility and cost-effectiveness of alternative control strategies and actions; whether the benefits of control, including costs avoided, exceed the costs of the program; the risk of harm to non-target organisms and ecosystems, public health and welfare; and such other considerations the Task Force determines appropriate. The Task Force shall also determine the nature and extent of control of target aquatic nuisance species that is feasible and desirable. If the Task Force determines in accordance with paragraph (2) that control of an aquatic nuisance species is warranted, the Task Force shall develop a proposed control program to achieve the target level of control. A notice summarizing the proposed action and soliciting comments shall be published in the Federal Register, in major newspapers in the region affected, and in principal trade publications of the industries affected. Within 180 days of proposing a control program, and after consultation with affected governmental and other appropriate entities and taking into consideration other comments received, the Task Force shall complete development of the proposed control program. The Task Force may provide technical assistance and recommendations for best practices to an agency or entity engaged in vessel inspections or decontaminations for the purpose of— effectively managing and controlling the movement of aquatic nuisance species into, within, or out of water of the United States; and inspecting recreational vessels in a manner that minimizes disruptions to public access for boating and recreation in non-contaminated vessels. In carrying out paragraph (4), including the development of recommendations, the Task Force may consult with Indian Tribes and solicit input from— State and Tribal fish and wildlife management agencies; other State and Tribal agencies that manage fishery resources of the State or sustain fishery habitat; and relevant nongovernmental entities.
(f) Research The Task Force shall, within the program developed under subsection (a), conduct research concerning— the environmental and economic risks and impacts associated with the introduction of aquatic nuisance species into the waters of the United States; the principal pathways by which aquatic nuisance species are introduced and dispersed; possible methods for the prevention, monitoring and control of aquatic nuisance species; and the assessment of the effectiveness of prevention, monitoring and control methods. Within 90 days of November 29, 1990 , the Task Force shall establish and follow a protocol to ensure that research activities carried out under this subchapter do not result in the introduction of aquatic nuisance species to waters of the United States. The Task Force shall allocate funds authorized under this chapter for competitive research grants to study all aspects of aquatic nuisance species, which shall be administered through the National Sea Grant College Program and the Cooperative Fishery and Wildlife Research Units. Grants shall be conditioned to ensure that any recipient of funds follows the protocol established under paragraph (2) of this subsection.
(g) Technical assistance The Task Force shall, within the program developed under subsection (a), provide technical assistance to State and local governments and persons to minimize the environmental, public health, and safety risks associated with aquatic nuisance species, including an early warning system for advance notice of possible infestations and appropriate responses.
(h) Education The Task Force shall, with the program developed under subsection (a), establish and implement educational programs through Sea Grant Marine Advisory Services and any other available resources that it determines to be appropriate to inform the general public, State governments, governments of political subdivisions of States, and industrial and recreational users of aquatic resources in connection with matters concerning the identification of aquatic nuisance species, and control methods for such species, including the prevention of the further distribution of such species.
(i) Zebra mussel demonstration program The Task Force shall, within the program developed under subsection (a), undertake a program of prevention, monitoring, control, education and research for the zebra mussel to be implemented in the Great Lakes and any other waters of the United States infested or likely to become infested by the zebra mussel, including— research and development concerning the species life history, environmental tolerances and impacts on fisheries and other ecosystem components, and the efficacy of control mechanisms and means of avoiding or minimizing impacts; tracking the dispersal of the species and establishment of an early warning system to alert likely areas of future infestations; development of control plans in coordination with regional, State and local entities; and provision of technical assistance to regional, State and local entities to carry out this section. The Assistant Secretary, in consultation with the Task Force, shall develop a program of research, technology development, and demonstration for the environmentally sound control of zebra mussels in and around public facilities. The Assistant Secretary shall collect and make available, through publications and other appropriate means, information pertaining to such control methods. Not later than 1 year after October 26, 1996 , the Task Force shall develop and submit to the Secretary voluntary guidelines for controlling the spread of the zebra mussel and, if appropriate, other aquatic nuisance species through recreational activities, including boating and fishing. Not later than 4 months after the date of such submission, and after providing notice and an opportunity for public comment, the Secretary shall issue voluntary guidelines that are based on the guidelines developed by the Task Force under this subparagraph. The Administrator of the Environmental Protection Agency, in cooperation with the National Science Foundation and the Task Force, shall provide research grants on a competitive basis for projects that— identify environmentally sound methods for controlling the dispersal of aquatic nuisance species, such as the zebra mussel; and adhere to research protocols developed pursuant to subsection (f)(2). There are authorized to be appropriated to the Environmental Protection Agency to carry out this paragraph, $500,000. The Assistant Secretary, in consultation with the Task Force, shall investigate and identify environmentally sound methods for preventing and reducing the dispersal of aquatic nuisance species between the Great Lakes-Saint Lawrence drainage and the Mississippi River drainage through the Chicago River Ship and Sanitary Canal, including any of those methods that could be incorporated into the operation or construction of the lock system of the Chicago River Ship and Sanitary Canal. Not later than 18 months after October 26, 1996 , the Assistant Secretary shall issue a report to the Congress that includes recommendations concerning— which of the methods that are identified under the study conducted under this paragraph are most promising with respect to preventing and reducing the dispersal of aquatic nuisance species; and ways to incorporate those methods into ongoing operations of the United States Army Corps of Engineers that are conducted at the Chicago River Ship and Sanitary Canal. There are authorized to be appropriated to the Department of the Army such sums as are necessary to carry out the dispersal barrier demonstration project directed by this paragraph. To the extent allowable by law, in carrying out the studies under paragraphs (2) and (3), the Administrator of the Environmental Protection Agency and the Secretary of the Army may enter into an agreement with an interested party under which that party provides in kind or monetary contributions for the study. The Great Lakes Environmental Research Laboratory of the National Oceanic and Atmospheric Administration shall provide technical assistance to appropriate entities to assist in the research conducted pursuant to this subsection.
(j) Implementation The Director, the Secretary, and the Under Secretary may issue such rules and regulations as may be necessary to implement this section. The Task Force shall provide opportunities for affected Federal agencies which are not part of the Task Force, State and local government agencies, and regional and other entities with the necessary expertise to participate in control programs. If these other agencies or entities have sufficient authority or jurisdiction and expertise and where this will be more efficient or effective, responsibility for implementing all or a portion of a control program may be delegated to such agencies or entities.
(k) Reports Not later than 12 months after November 29, 1990 , the Task Force shall submit a report describing the program developed under subsection (a), including the research protocol required under subsection (f)(2), to the Congress. On an annual basis after the submission of the report under paragraph (1), the Task Force shall submit a report to the Congress detailing progress in carrying out this section. Not later than 90 days after December 23, 2022 , the Task Force shall submit a report to Congress recommending legislative, programmatic, or regulatory changes to eliminate remaining gaps in authorities between members of the Task Force to effectively manage and control the movement of aquatic nuisance species.
§ 4723 Regional coordination
(a) Great Lakes panel Not later than 30 days following November 29, 1990 , the Task Force shall request that the Great Lakes Commission (established under Article IV of the Great Lakes Compact to which the Congress granted consent in the Act of July 24, 1968 , P.L. 90–419 ) convene a panel of Great Lakes region representatives from Federal, State and local agencies and from private environmental and commercial interests to— identify priorities for the Great Lakes region with respect to aquatic nuisance species; make recommendations to the Task Force regarding programs to carry out section 4722(i) of this title ; assist the Task Force in coordinating Federal aquatic nuisance species program activities in the Great Lakes region; coordinate, where possible, aquatic nuisance species program activities in the Great Lakes region that are not conducted pursuant to this chapter; provide advice to public and private individuals and entities concerning methods of controlling aquatic nuisance species; and submit annually a report to the Task Force describing activities within the Great Lakes region related to aquatic nuisance species prevention, research, and control. The Task Force shall request that the Great Lakes Fishery Commission provide information to the panel convened under this subsection on technical and policy matters related to the international fishery resources of the Great Lakes. The panel convened under this subsection is encouraged to invite representatives from the Federal, provincial or territorial governments of Canada to participate as observers.
(b) Western regional panel Not later than 30 days after October 26, 1996 , the Task Force shall request a Western regional panel, comprised of Western region representatives from Federal, State, and local agencies and from private environmental and commercial interests, to— identify priorities for the Western region with respect to aquatic nuisance species; make recommendations to the Task Force regarding an education, monitoring (including inspection), prevention, and control program to prevent the spread of the zebra mussel west of the 100th Meridian pursuant to section 4722(i) of this title ; coordinate, where possible, other aquatic nuisance species program activities in the Western region that are not conducted pursuant to this chapter; develop an emergency response strategy for Federal, State, and local entities for stemming new invasions of aquatic nuisance species in the region; provide advice to public and private individuals and entities concerning methods of preventing and controlling aquatic nuisance species infestations; and submit annually a report to the Task Force describing activities within the Western region related to aquatic nuisance species prevention, research, and control.
(c) Additional regional panels The Task Force shall— encourage the development and use of regional panels and other similar entities in regions in addition to the Great Lakes and Western regions (including providing financial assistance for the development and use of such entities) to carry out, with respect to those regions, activities that are similar to the activities described in subsections (a) and (b); and cooperate with regional panels and similar entities that carry out the activities described in paragraph (1).
§ 4724 State aquatic nuisance species management plans
(a) State or interstate invasive species management plans After providing notice and opportunity for public comment, the Governor of each State may prepare and submit, or the Governors of the States and the governments of the Indian tribes involved in an interstate organization, may jointly prepare and submit— a comprehensive management plan to the Task Force for approval which identifies those areas or activities within the State or within the interstate region involved, other than those related to public facilities, for which technical, enforcement, or financial assistance (or any combination thereof) is needed to eliminate or reduce the environmental, public health, and safety risks associated with aquatic nuisance species, particularly the zebra mussel; and a public facility management plan to the Assistant Secretary for approval which is limited solely to identifying those public facilities within the State or within the interstate region involved for which technical and financial assistance is needed to reduce infestations of zebra mussels. Each plan shall, to the extent possible, identify the management practices and measures that will be undertaken to reduce infestations of aquatic nuisance species. Each plan shall— identify and describe State and local programs for environmentally sound prevention and control of the target aquatic nuisance species; identify Federal activities that may be needed for environmentally sound prevention and control of aquatic nuisance species and a description of the manner in which those activities should be coordinated with State and local government activities; identify any authority that the State (or any State or Indian tribe involved in the interstate organization) does not have at the time of the development of the plan that may be necessary for the State (or any State or Indian tribe involved in the interstate organization) to protect public health, property, and the environment from harm by aquatic nuisance species; and a schedule of implementing the plan, including a schedule of annual objectives, and enabling legislation. In developing and implementing a management plan, the State or interstate organization should, to the maximum extent practicable, involve local governments and regional entities, Indian tribes, and public and private organizations that have expertise in the control of aquatic nuisance species. Upon the request of a State or the appropriate official of an interstate organization, the Task Force or the Assistant Secretary, as appropriate under paragraph (1), may provide technical assistance in developing and implementing a management plan. Within 90 days after the submission of a management plan, the Task Force or the Assistant Secretary in consultation with the Task Force, as appropriate under paragraph (1), shall review the proposed plan and approve it if it meets the requirements of this subsection or return the plan to the Governor or the interstate organization with recommended modifications.
(b) Grant program The Director may, at the recommendation of the Task Force, make grants to States with management plans approved under subsection (a) for the implementation of those plans. An application for a grant under this subsection shall include an identification and description of the best management practices and measures which the State proposes to utilize in implementing an approved management plan with any Federal assistance to be provided under the grant. The Federal share of the cost of each comprehensive management plan implemented with Federal assistance under this section in any fiscal year shall not exceed 75 percent of the cost incurred by the State in implementing such management program and the non-Federal share of such costs shall be provided from non-Federal sources. The Federal share of the cost of each public facility management plan implemented with Federal assistance under this section in any fiscal year shall not exceed 50 percent of the cost incurred by the State in implementing such management program and the non-Federal share of such costs shall be provided from non-Federal sources. For the purposes of this section, administrative costs for activities and programs carried out with a grant in any fiscal year shall not exceed 5 percent of the amount of the grant in that year. In addition to cash outlays and payments, in-kind contributions of property or personnel services by non-Federal interests for activities under this section may be used for the non-Federal share of the cost of those activities.
(c) Enforcement assistance Upon request of a State or Indian tribe, the Director or the Under Secretary, to the extent allowable by law and in a manner consistent with section 141 1 of title 14, may provide assistance to a State or Indian tribe in enforcing an approved State or interstate invasive species management plan.
§ 4725 Relationship to other laws
(a) Consistency with environmental laws All actions taken by Federal agencies in implementing the provisions of section 4722 of this title shall be consistent with all applicable Federal, State, and local environmental laws.
(b) Effect of chapter Except as provided in paragraph (2), nothing in this chapter shall affect the authority of any State or political subdivision thereof to adopt or enforce control measures for aquatic nuisance species, or diminish or affect the jurisdiction of any State over species of fish and wildlife. Any discharge incidental to the normal operation of a vessel, including any discharge of ballast water (as those terms are defined in subsections (a) and (p)(1) of section 1322 of title 33 ), shall be regulated in accordance with that section.
(c) Effect of compliance Compliance with the control and eradication measures of any State or political subdivision thereof regarding aquatic nuisance species shall not relieve any person of the obligation to comply with the provisions of this subchapter.
§ 4726 International cooperation
(a) Advice The Task Force shall provide timely advice to the Secretary of State concerning aquatic nuisance species that infest waters shared with other countries.
(b) Negotiations The Secretary of State, in consultation with the Task Force, is encouraged to initiate negotiations with the governments of foreign countries concerning the planning and implementation of prevention, monitoring, research, education, and control programs related to aquatic nuisance species infesting shared water resources.
§ 4727 Intentional introductions policy review
Within one year of November 29, 1990 , the Task Force shall, in consultation with State fish and wildlife agencies, other regional, State and local entities, potentially affected industries and other interested parties, identify and evaluate approaches for reducing the risk of adverse consequences associated with intentional introduction of aquatic organisms and submit a report of their findings, conclusions and recommendations to the Congress. ( Pub. L. 101–646, title I, § 1207 , Nov. 29, 1990 , 104 Stat. 4771 ; Pub. L. 104–332, § 2(g) , (h)(1), Oct. 26, 1996 , 110 Stat. 4091 .)
§ 4728 Brown tree snake control program
The Task Force shall, within the program developed under section 4722(a) of this title , undertake a comprehensive, environmentally sound program in coordination with regional, territorial, State and local entities to control the brown tree snake (Boiga irregularis) in Guam and other areas where the species is established outside of its historic range. ( Pub. L. 101–646, title I, § 1209 , Nov. 29, 1990 , 104 Stat. 4772 ; Pub. L. 104–332, § 2(h)(1) , Oct. 26, 1996 , 110 Stat. 4091 ; Pub. L. 117–263, div. K, title CXIII, § 11327(e)(5) , Dec. 23, 2022 , 136 Stat. 4098 .)
§ 4729 Coastal Aquatic Invasive Species Mitigation Grant Program and Mitigation Fund
In this section: The term “coastal zone” has the meaning given the term in section 1453 of this title . The term “eligible entity” means— a State; a unit of local government; an Indian Tribe; a nongovernmental organization; and an institution of higher education. The term “Exclusive Economic Zone” means the Exclusive Economic Zone of the United States, as established by Presidential Proclamation 5030, dated March 10, 1983 ( 16 U.S.C. 1453 note). The term “Foundation” means the National Fish and Wildlife Foundation established by section 3701(a) of this title . The term “Fund” means the Coastal Aquatic Invasive Species Mitigation Fund established by paragraph (3)(A). The term “Program” means the Coastal Aquatic Invasive Species Mitigation Grant Program established under paragraph (2)(A). The term “Secretary” means the Secretary of Commerce. The Secretary and the Foundation shall establish a program, to be known as the “Coastal Aquatic Invasive Species Mitigation Grant Program”, under which the Secretary and the Foundation shall award grants to eligible entities in accordance with this paragraph. The purposes of the Program are— to improve the understanding, prevention, and mitigation of, and response to, aquatic invasive species in— the coastal zone; and the Exclusive Economic Zone; to support the prevention and mitigation of impacts from aquatic invasive species in the coastal zone; and to support the restoration of Pacific Island habitats, marine, estuarine, and Great Lakes environments in the coastal zone and the Exclusive Economic Zone that are impacted by aquatic invasive species. A grant awarded under the Program shall be used for an activity to carry out the purposes of the Program, including an activity— to develop and implement procedures and programs, including permissible State ballast water inspection programs, to prevent, detect, control, mitigate, and rapidly or progressively eradicate aquatic invasive species in the coastal zone or the Exclusive Economic Zone, particularly in areas with high numbers of established aquatic invasive species; to restore habitat impacted by an aquatic invasive species; to develop new shipboard and land-based ballast water treatment system technologies and performance standards to prevent the introduction of aquatic invasive species; to develop mitigation measures to protect natural and cultural living resources, including shellfish, from the impacts of aquatic invasive species; or to develop mitigation measures to protect infrastructure, such as hydroelectric infrastructure, from aquatic invasive species. A grant awarded under the Program may not be used to fund litigation in any matter. Not later than 90 days after December 4, 2018 , the Foundation, in consultation with the Secretary, shall establish the following: Application and review procedures for awarding grants under the Program. Approval procedures for awarding grants under the Program, including a requirement for consultation with— the Secretary of the Interior; and the Administrator. Performance accountability and monitoring measures for activities funded by a grant awarded under the Program. Procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under the Program, including standards of recordkeeping. Each eligible entity that receives a grant under the Program shall provide, in cash or through in-kind contributions from non-Federal sources, matching funds to carry out the activities funded by the grant in an amount equal to not less than 25 percent of the cost of the activities. The Secretary and the Foundation are authorized to use the amounts available in the Fund to award grants under the Program. There is established in the Treasury of the United States a trust fund, to be known as the “Coastal Aquatic Invasive Species Mitigation Fund”, consisting of such amounts as are appropriated or credited to the Fund in accordance with this paragraph or section 9602 of title 26 . There is authorized to be appropriated from the Treasury to the Fund, for each fiscal year, an amount equal to the amount of penalties assessed for violations of subsection (p) of section 1322 of title 33 during the preceding fiscal year. In addition to the amounts transferred to the Fund under clause (i), there is authorized to be appropriated to the Fund $5,000,000 for each fiscal year. Subject to appropriations, the amounts in the Fund shall be available to the Secretary and the Foundation to award grants under the Program. ( Pub. L. 115–282, title IX, § 903(f) , Dec. 4, 2018 , 132 Stat. 4357 .)
§ 4730 Great Lakes and Lake Champlain Invasive Species Program
In this section: The term “Administrator” means the Administrator of the Environmental Protection Agency. The term “aquatic nuisance species” has the meaning given that term in subsection (p)(1) of section 1322 of title 33 . The term “Director” means the Director of the Great Lakes National Program Office established by section 1268(b) of title 33 . The term “Great Lakes and Lake Champlain Systems” includes— Lake Champlain; and all bodies of water (including wetlands) within— the Great Lakes System (as defined in section 1268(a)(3) of title 33 ); or the Lake Champlain drainage basin (as defined in section 1270(g) of title 33 ). The term “Program” means the Great Lakes and Lake Champlain Invasive Species Program established under paragraph (2)(A). The Administrator shall establish within the Great Lakes National Program Office a program, to be known as the “Great Lakes and Lake Champlain Invasive Species Program”— in collaboration with— the Director of the United States Fish and Wildlife Service; the Administrator of the National Oceanic and Atmospheric Administration; the Director of the United States Geological Survey; and the Secretary of the department in which the Coast Guard is operating; and in consultation with— the head of Great Lakes Aquatic Nonindigenous Species Information System of the National Oceanic and Atmospheric Administration; and the head of Great Lakes Environmental Research Laboratory of the National Oceanic and Atmospheric Administration. The purposes of the Program shall be— to monitor for the introduction and spread of aquatic nuisance species into or within the Great Lakes and Lake Champlain Systems; to detect newly introduced aquatic nuisance species prior to the establishment of the aquatic nuisance species in the Great Lakes and Lake Champlain Systems; to inform, and assist with, management and response actions to prevent or stop the establishment or spread of an aquatic nuisance species; to establish a watch list of candidate aquatic nuisance species that may be introduced or spread, and that may survive and establish, within the Great Lakes and Lake Champlain Systems; to monitor vectors likely to be contributing to the introduction or spread of aquatic nuisance species, including ballast water operations; to work collaboratively with the Federal, State, local, and Tribal agencies to develop criteria for prioritizing and distributing monitoring efforts; to develop, achieve type approval for, and pilot shipboard or land-based ballast water management systems installed on, or available for use by, commercial vessels operating solely within the Great Lakes and Lake Champlain Systems to prevent the spread of aquatic nuisance species populations within the Great Lakes and Lake Champlain Systems; and to facilitate meaningful Federal and State implementation of the regulatory framework in this section, including monitoring, shipboard education, inspection, and compliance conducted by States. The Program shall seek— to build on— existing aquatic nuisance species monitoring efforts; and efforts to develop criteria for prioritizing and distributing monitoring efforts, geographically and among taxa, in the Great Lakes and Lake Champlain Systems; to advance early detection and monitoring, and capacity to control the establishment and spread, of aquatic nuisance species within the Great Lakes and Lake Champlain Systems; to identify opportunities to interdict the introduction and spread of aquatic nuisance species through sound science and technological advancements; to assess the risk of aquatic nuisance species introduction and spread via the range of vectors active within the Great Lakes and Lake Champlain Systems; to advance the development of type-approved ballast water management system (as defined in subsection (p)(1) of section 1322 of title 33 1 equipment for commercial, non-seagoing vessels that operate solely within the Great Lakes System (as defined in section 1268(a)(3) of title 33 ); to immediately make available to the public information regarding— the detection of new aquatic nuisance species within the Great Lakes and Lake Champlain Systems; or the spread of aquatic nuisance species within the Great Lakes and Lake Champlain Systems; to annually submit to appropriate individuals and entities in each affected region a report describing the findings and activities of the Program; to identify roles and responsibilities of Federal agencies in aquatic nuisance species monitoring and response; and to provide resource assistance to States implementing State-level programs to enter into partnerships with Federal agencies in enforcing the requirements under subsection (p) of section 1322 of title 33 . In carrying out and developing the Program, the Director shall collaborate with— applicable Federal, State, local, and Tribal agencies; and such other research entities or stakeholders as the Director determines to be appropriate. The Director shall— make the data collected under the Program available on a publicly accessible internet website, including in an annual summary report; and in coordination with the entities identified under paragraph (4), develop communication and notification protocols for the purpose of communicating the range of aquatic nuisance species and any identification of a new aquatic nuisance species introduced to the Great Lakes and Lake Champlain Systems. Not later than December 31, 2019 , the Director shall submit to Congress a report summarizing the outcomes of activities carried out under the Program. The report under subparagraph (A) shall include— a description of activities carried out under the Program, including an explanation of how those activities help to achieve the purposes described in paragraph (2)(B); an analysis of Federal, State, and local efforts to enhance multidisciplinary approaches to achieve the purposes described in paragraph (2)(B); recommendations relating to activities that would contribute to achievement of the purposes described in paragraph (2)(B); and recommendations to improve the efficiency and effectiveness of the Program. There is authorized to be appropriated to carry out the Program $50,000,000 for each of fiscal years 2019 through 2023. ( Pub. L. 115–282, title IX, § 903(g) , Dec. 4, 2018 , 132 Stat. 4359 .)
§ 4741 Authorization of appropriations
(a) Prevention of unintentional introductions There are authorized to be appropriated to develop and implement the provisions of subchapter II— 2,000,000 until the end of fiscal year 1992 to the Director and Under Secretary to carry out the studies under sections 4712(a)(1) and 4712(a)(2 2 of this title; to the Secretary to carry out section 4711 1 of this title— 3,000,000 for each of fiscal years 1999 through 2002; for each of fiscal years 1997 through 2002, to carry out paragraphs (1) and (2) of section 4712(b) of this title — 1,000,000 to the Secretary; and for each of fiscal years 1997 through 2002— 500,000 to the Secretary to carry out section 4712(f) of this title .
(b) Task Force and aquatic nuisance species program There are authorized to be appropriated for each of fiscal years 1997 through 2002 to develop and implement the provisions of subchapter III— 1,000,000 to the Department of Commerce, to be used by the Under Secretary to carry out section 4722 of this title ; 500,000 shall be made available for grants, to be competitively awarded and subject to peer review, for research relating to Lake Champlain; 2,800,000, which shall be made available from funds otherwise authorized to be appropriated if such funds are so authorized, to fund grants under section 1124 of title 33 ; 1,000,000 to fund grants through the Cooperative Fisheries and Wildlife Research Unit Program of the United States Fish and Wildlife Service; 300,000 to the Department of the Interior, to be used by the Director to fund regional panels and similar entities under section 4723 of this title , of which $100,000 shall be used to fund activities of the Great Lakes Commission.
(c) Grants for State management programs There are authorized to be appropriated for each of fiscal years 1997 through 2002 1,500,000 shall be used by the Director, in consultation with the Assistant Secretary, for management of aquatic nuisance vegetation species.
(d) Intentional introductions policy review There are authorized to be appropriated for fiscal year 1991, $500,000 to the Director and the Under Secretary to conduct the intentional introduction policy review under section 4727 of this title .
(e) Ballast water management demonstration program There are authorized to be appropriated $2,500,000 to carry out section 4714 of this title .
(f) Research There are authorized to be appropriated to the Director $1,000,000 to carry out research on the prevention, monitoring, and control of aquatic nuisance species in Narragansett Bay, Rhode Island. The funds shall be made available for use by the Department of Environmental Management of the State of Rhode Island.
§ 4751 Environmental impact analyses
The Secretary of State, in consultation with the Council on Environmental Quality, is encouraged to enter into negotiations with the governments of Canada and Mexico to provide for reciprocal cooperative environmental impact analysis of major Federal actions which have significant transboundary effects on the quality of the human environment in the United States, Canada, and Mexico. ( Pub. L. 101–646, title I, § 1401 , Nov. 29, 1990 , 104 Stat. 4773 ; Pub. L. 104–332, § 2(h)(1) , Oct. 26, 1996 , 110 Stat. 4091 .)