US (United States) Code. Title 16. Chapter 67: Aquatic nuisance prevention and control

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND

CONTROL 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

.

-HEAD-

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

4701. Findings and purposes.

(a) Findings.

(b) Purposes.

4702. Definitions.

SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF

NONINDIGENOUS AQUATIC SPECIES

4711. Aquatic nuisance species in waters of United States.

(a) Great Lakes guidelines.

(b) Regulations.

(c) Voluntary national guidelines.

(d) Report to Congress.

(e) Periodic review and revision.

(f) Authority of Secretary.

(g) Sanctions.

(h) Coordination with other agencies.

(i) Consultation with Canada, Mexico and other

foreign governments.

(j) International cooperation.

(k) Safety exemption.

(l) Non-discrimination.

4712. National ballast water management information.

(a) Studies on introduction of aquatic nuisance

species by vessels.

(b) Ecological and ballast water discharge surveys.

(c) Reports.

(d) Negotiations.

(e) Regional research grants.

(f) National ballast information clearinghouse.

4713. Armed services ballast water programs.

(a) Department of Defense vessels.

(b) Coast Guard vessels.

4714. Ballast water management demonstration program.

(a) ''Technologies and practices'' defined.

(b) Demonstration program.

(c) Authorities; consultation and cooperation with

International Maritime Organization and Task

Force.

SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES

DISPERSAL

4721. Establishment of Task Force.

(a) Task Force.

(b) Membership.

(c) Ex officio members.

(d) Chairpersons.

(e) Memorandum of understanding.

(f) Coordination.

4722. Aquatic nuisance species program.

(a) In general.

(b) Content.

(c) Prevention.

(d) Monitoring.

(e) Control.

(f) Research.

(g) Technical assistance.

(h) Education.

(i) Zebra mussel demonstration program.

(j) Implementation.

(k) Reports.

4723. Regional coordination.

(a) Great Lakes panel.

(b) Western regional panel.

(c) Additional regional panels.

4724. State aquatic nuisance species management plans.

(a) State or interstate invasive species management

plans.

(b) Grant program.

(c) Enforcement assistance.

4725. Relationship to other laws.

4726. International cooperation.

(a) Advice.

(b) Negotiations.

4727. Intentional introductions policy review.

4728. Brown tree snake control program.

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

4741. Authorization of appropriations.

(a) Prevention of unintentional introductions.

(b) Task Force and aquatic nuisance species program.

(c) Grants for State management programs.

(d) Intentional introductions policy review.

(e) Ballast water management demonstration program.

(f) Research.

SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES

4751. Environmental impact analyses.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 941c of this title.

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16 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

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16 USC Sec. 4701 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 4701. Findings and purposes

-STATUTE-

(a) Findings

The Congress finds that -

(1) 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;

(2) 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;

(3) the zebra mussel was unintentionally introduced into the

Great Lakes and has infested -

(A) waters south of the Great Lakes, into a good portion of

the Mississippi River drainage;

(B) waters west of the Great Lakes, into the Arkansas River

in Oklahoma; and

(C) waters east of the Great Lakes, into the Hudson River and

Lake Champlain;

(4) 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;

(5) 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;

(6) in 1992, the zebra mussel was discovered at the

northernmost reaches of the Chesapeake Bay watershed;

(7) the zebra mussel poses an imminent risk of invasion in the

main waters of the Chesapeake Bay;

(8) 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;

(9) 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;

(10) since their introduction in the early 1980's in ballast

water discharges, ruffe -

(A) have caused severe declines in populations of other

species of fish in Duluth Harbor (in Minnesota and Wisconsin);

(B) have spread to Lake Huron; and

(C) are likely to spread quickly to most other waters in

North America if action is not taken promptly to control their

spread;

(11) 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 -

(A) the mitten crab (Eriocher sinensis) that has become

established on the Pacific Coast;

(B) the green crab (Carcinus maenas) that has become

established in the coastal waters of the Atlantic Ocean;

(C) the brown mussel (Perna perna) that has become

established along the Gulf of Mexico; and

(D) certain shellfish pathogens;

(12) 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;

(13) 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;

(14) 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

(15) 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 -

(1) to prevent unintentional introduction and dispersal of

nonindigenous species into waters of the United States through

ballast water management and other requirements;

(2) to coordinate federally conducted, funded or authorized

research, prevention (FOOTNOTE 1) control, information

dissemination and other activities regarding the zebra mussel and

other aquatic nuisance species;

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(3) 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;

(4) to understand and minimize economic and ecological impacts

of nonindigenous aquatic nuisance species that become

established, including the zebra mussel; and

(5) to establish a program of research and technology

development and assistance to States in the management and

removal of zebra mussels.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1002, Nov. 29, 1990, 104 Stat.

4761; Pub. L. 104-182, title III, Sec. 308(a), Aug. 6, 1996, 110

Stat. 1689; Pub. L. 104-332, Sec. 2(a)(1), (h)(1), Oct. 26, 1996,

110 Stat. 4073, 4091.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

''this Act'', which, to reflect the probable intent of Congress,

was translated as reading ''this title'' meaning title I of Pub. L.

101-646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindigenous

Aquatic Nuisance Prevention and Control Act of 1990, which is

classified principally to this chapter. For complete

classification of title I to the Code, see Short Title note set out

below and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to

Pub. L. 101-646, Sec. 1002, which enacted this section.

Subsec. (a)(2), (3). Pub. L. 104-332, Sec. 2(a)(1)(A), added

pars. (2) and (3) and struck out former pars. (2) and (3) which

read as follows:

''(2) when environmental conditions are favorable, nonindigenous

species, such as the zebra mussel (Dreissena polymorpha), become

established and may disrupt the aquatic environment and economy of

affected coastal areas;

''(3) the zebra mussel was unintentionally introduced into the

Great Lakes and, if left uncontrolled, is expected to infest over

two-thirds of the continental United States through the

unintentional transportation of larvae and adults by vessels

operating in inland waters;''.

Subsec. (a)(4). Pub. L. 104-332, Sec. 2(a)(1)(B)(i), inserted

''by the zebra mussel and ruffe, round goby, and other

nonindigenous species'' after ''other species''.

Subsec. (a)(5). Pub. L. 104-182 added par. (5).

Subsec. (a)(6) to (15). Pub. L. 104-332, Sec. 2(a)(1)(B)(ii),

(C), (D), added pars. (6) to (15).

SHORT TITLE OF 1996 AMENDMENT

Section 1(a) of Pub. L. 104-332 provided that: ''This Act

(enacting sections 4713 and 4714 of this title, amending sections

941 to 941g, 4701, 4702, 4711, 4712, 4721 to 4728, 4741 and 4751 of

this title, section 42 of Title 18, Crimes and Criminal Procedure,

and section 2761 of Title 33, Navigation and Navigable Waters,

enacting provisions set out as a note under this section, and

amending provisions set out as notes under this section, section

941 of this title, and section 2701 of Title 33) may be cited as

the 'National Invasive Species Act of 1996'.''

SHORT TITLE

Section 1001 of title I of Pub. L. 101-646, as amended by Pub. L.

104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat. 4091, provided

that: ''This title (enacting this chapter and amending section 42

of Title 18, Crimes and Criminal Procedure) may be cited as the

'Nonindigenous Aquatic Nuisance Prevention and Control Act of

1990'.''

CONSTRUCTION OF 1996 AMENDMENT

Section 3 of Pub. L. 104-332 provided that: ''Nothing in this Act

(see Short Title of 1996 Amendment note above) or the amendments

made by this Act is intended to affect the authorities and

responsibilities of the Great Lakes Fishery Commission established

under article II of the Convention on Great Lakes Fisheries between

the United States of America and Canada, signed at Washington on

September 10, 1954 (hereafter in this section referred to as the

'Convention'), including the authorities and responsibilities of

the Great Lakes Fishery Commission -

''(1) for developing and implementing a comprehensive program

for eradicating or minimizing populations of sea lamprey in the

Great Lakes watershed; and

''(2) carrying out the duties of the Commission specified in

the Convention (including any amendment thereto) and the Great

Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).''

REPORT ON ESTABLISHMENT OF PROGRAM

Pub. L. 102-567, title II, Sec. 203(b), Oct. 29, 1992, 106 Stat.

4281, provided that: ''Not later than one year after the date of

the enactment of this Act (Oct. 29, 1992), the Secretary of

Commerce shall submit a report to the Congress on progress toward

establishing a nonindigenous aquatic nuisance prevention and

control program within the National Oceanic and Atmospheric

Administration and projected funding for such a program for the

following five fiscal years.''

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16 USC Sec. 4702 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 4702. Definitions

-STATUTE-

As used in this chapter, the term -

(1) ''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;

(2) ''Assistant Secretary'' means the Assistant Secretary of

the Army (Civil Works);

(3) ''ballast water'' means any water and associated sediments

used to manipulate the trim and stability of a vessel;

(4) ''Director'' means the Director of the United States Fish

and Wildlife Service;

(5) ''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;

(6) ''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;

(7) ''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

Canandian (FOOTNOTE 1) Border), and includes all other bodies of

water within the drainage basin of such lakes and connecting

channels.

(FOOTNOTE 1) So in original. Probably should be ''Canadian''.

(8) ''Great Lakes region'' means the 8 States that border on

the Great Lakes;

(9) ''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;

(10) ''interstate organization'' means an entity -

(A) established by -

(i) an interstate compact that is approved by Congress;

(ii) a Federal statute; or

(iii) a treaty or other international agreement with

respect to which the United States is a party; and

(B)(i) that represents 2 or more -

(I) States or political subdivisions thereof; or

(II) Indian tribes; or

(ii) that represents -

(I) 1 or more States or political subdivisions thereof; and

(II) 1 or more Indian tribes; or

(iii) that represents the Federal Government and 1 or more

foreign governments; and

(C) 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;

(11) ''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;

(12) ''Secretary'' means the Secretary of the department in

which the Coast Guard is operating;

(13) ''Task Force'' means the Aquatic Nuisance Species Task

Force established under section 4721 of this title;

(14) ''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;

(15) ''Under Secretary'' means the Under Secretary of Commerce

for Oceans and Atmosphere;

(16) ''waters of the United States'' means the navigable waters

and the territorial sea of the United States; and

(17) ''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.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1003, Nov. 29, 1990, 104 Stat.

4762; Pub. L. 102-580, title III, Sec. 302(b)(2), Oct. 31, 1992,

106 Stat. 4839; Pub. L. 104-332, Sec. 2(a)(2), (h)(1), (3), Oct.

26, 1996, 110 Stat. 4074, 4091.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', which, to reflect the probable intent of Congress, was

translated as reading ''this title'' meaning title I of Pub. L.

101-646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindigenous

Aquatic Nuisance Prevention and Control Act of 1990, which is

classified principally to this chapter. For complete

classification of title I to the Code, see Short Title note set out

under section 4701 of this title and Tables.

Proclamation Number 5030, referred to in par. (5), is set out

under section 1453 of this title.

The Alaska Native Claims Settlement Act, referred to in par. (9),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of Title

43, Public Lands. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 43

and Tables.

Presidential Proclamation Number 5928, referred to in par. (14),

is set out under section 1331 of Title 43.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-332, Sec. 2(h)(1), (3), made technical

amendment to Pub. L. 101-646, Sec. 1003, which enacted this

section.

Par. (1). Pub. L. 104-332, Sec. 2(a)(2)(A), redesignated par. (2)

as (1) and struck out former par. (1) which read as follows: ''

'appropriate Committees' means the Committee on Public Works and

Transportation and the Committee on Merchant Marine and Fisheries

in the House of Representatives and the Committee on Environment

and Public Works and Committee on Commerce, Science, and

Transportation in the Senate; and''.

Par. (2). Pub. L. 104-332, Sec. 2(a)(2)(B), substituted ''

'Assistant Secretary' means'' for '' 'assistant Secretary' means''.

Pub. L. 104-332, Sec. 2(a)(2)(A), redesignated par. (3) as (2).

Former par. (2) redesignated (1).

Pars. (3) to (7). Pub. L. 104-332, Sec. 2(a)(2)(A), redesignated

pars. (4) to (8) as (3) to (7), respectively. Former par. (3)

redesignated (2).

Par. (8). Pub. L. 104-332, Sec. 2(a)(2)(D), added par. (8).

Pub. L. 104-332, Sec. 2(a)(2)(A), redesignated par. (8) as (7).

Pars. (9), (10). Pub. L. 104-332, Sec. 2(a)(2)(D), added pars.

(9) and (10).

Pub. L. 104-332, Sec. 2(a)(2)(C), redesignated pars. (9) and (10)

as (11) and (12), respectively.

Pars. (11) to (17). Pub. L. 104-332, Sec. 2(a)(2)(C),

redesignated pars. (9) to (15) as (11) to (17), respectively.

1992 - Par. (1). Pub. L. 102-580 inserted ''the Committee on

Public Works and Transportation and'' after ''means''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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16 USC SUBCHAPTER II - PREVENTION OF UNINTENTIONAL

INTRODUCTIONS OF NONINDIGENOUS AQUATIC

SPECIES 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF

NONINDIGENOUS AQUATIC SPECIES

.

-HEAD-

SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF

NONINDIGENOUS AQUATIC SPECIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4741 of this title.

-CITE-

16 USC Sec. 4711 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF

NONINDIGENOUS AQUATIC SPECIES

-HEAD-

Sec. 4711. Aquatic nuisance species in waters of United States

-STATUTE-

(a) Great Lakes guidelines

(1) In general

Not later than 6 months after November 29, 1990, the Secretary

shall issue voluntary guidelines to prevent the introduction and

spread of aquatic nuisance species into the Great Lakes through

the exchange of ballast water of vessels prior to entering those

waters.

(2) Content of guidelines

The guidelines issued under this subsection shall -

(A) ensure to the maximum extent practicable that ballast

water containing aquatic nuisance species is not discharged

into the Great Lakes;

(B) protect the safety of -

(i) each vessel; and

(ii) the crew and passengers of each vessel;

(C) take into consideration different vessel operating

conditions; and

(D) be based on the best scientific information available.

(b) Regulations

(1) In general

Not later than 2 years after November 29, 1990, the Secretary,

in consultation with the Task Force, shall issue regulations to

prevent the introduction and spread of aquatic nuisance species

into the Great Lakes through the ballast water of vessels.

(2) Content of regulations

The regulations issued under this subsection shall -

(A) apply to all vessels equipped with ballast water tanks

that enter a United States port on the Great Lakes after

operating on the waters beyond the exclusive economic zone;

(B) require a vessel to -

(i) carry out exchange of ballast water on the waters

beyond the exclusive economic zone prior to entry into any

port within the Great Lakes;

(ii) carry out an exchange of ballast water in other waters

where the exchange does not pose a threat of infestation or

spread of aquatic nuisance species in the Great Lakes and

other waters of the United States, as recommended by the Task

Force under section 4712(a)(1) of this title; or

(iii) use environmentally sound alternative ballast water

management methods if the Secretary determines that such

alternative methods are as effective as ballast water

exchange in preventing and controlling infestations of

aquatic nuisance species;

(C) not affect or supersede any requirements or prohibitions

pertaining to the discharge of ballast water into waters of the

United States under the Federal Water Pollution Control Act (33

U.S.C. 1251 et seq.);

(D) provide for sampling procedures to monitor compliance

with the requirements of the regulations;

(E) prohibit the operation of a vessel in the Great Lakes if

the master of the vessel has not certified to the Secretary or

the Secretary's designee by not later than the departure of

that vessel from the first lock in the St. Lawrence Seaway that

the vessel has complied with the requirements of the

regulations;

(F) protect the safety of -

(i) each vessel; and

(ii) the crew and passengers of each vessel;

(G) take into consideration different operating conditions;

and

(H) be based on the best scientific information available.

(3) Additional regulations

In addition to promulgating regulations under paragraph (1),

the Secretary, in consultation with the Task Force, shall, not

later than November 4, 1994, issue regulations to prevent the

introduction and spread of aquatic nuisance species into the

Great Lakes through ballast water carried on vessels that enter a

United States port on the Hudson River north of the George

Washington Bridge.

(4) Education and technical assistance programs

The Secretary may carry out education and technical assistance

programs and other measures to promote compliance with the

regulations issued under this subsection.

(c) Voluntary national guidelines

(1) In general

Not later than 1 year after October 26, 1996, and after

providing notice and an opportunity for public comment, the

Secretary shall issue voluntary guidelines to prevent the

introduction and spread of nonindigenous species in waters of the

United States by ballast water operations and other operations of

vessels equipped with ballast water tanks.

(2) Content of guidelines

The voluntary guidelines issued under this subsection shall -

(A) ensure to the maximum extent practicable that aquatic

nuisance species are not discharged into waters of the United

States from vessels;

(B) apply to all vessels equipped with ballast water tanks

that operate in waters of the United States;

(C) protect the safety of -

(i) each vessel; and

(ii) the crew and passengers of each vessel;

(D) direct a vessel that is carrying ballast water into

waters of the United States after operating beyond the

exclusive economic zone to -

(i) carry out the exchange of ballast water of the vessel

in waters beyond the exclusive economic zone;

(ii) exchange the ballast water of the vessel in other

waters where the exchange does not pose a threat of

infestation or spread of nonindigenous species in waters of

the United States, as recommended by the Task Force under

section 4712(a)(1) of this title; or

(iii) use environmentally sound alternative ballast water

management methods, including modification of the vessel

ballast water tanks and intake systems, if the Secretary

determines that such alternative methods are at least as

effective as ballast water exchange in preventing and

controlling infestations of aquatic nuisance species;

(E) direct vessels to carry out management practices that the

Secretary determines to be necessary to reduce the probability

of unintentional nonindigenous species transfer resulting from

-

(i) ship operations other than ballast water discharge; and

(ii) ballasting practices of vessels that enter waters of

the United States with no ballast water on board;

(F) provide for the keeping of records that shall be

submitted to the Secretary, as prescribed by the guidelines,

and that shall be maintained on board each vessel and made

available for inspection, upon request of the Secretary and in

a manner consistent with subsection (i) of this section, in

order to enable the Secretary to determine compliance with the

guidelines, including -

(i) with respect to each ballast water exchange referred to

in clause (ii), reporting on the precise location and

thoroughness of the exchange; and

(ii) any other information that the Secretary considers

necessary to assess the rate of effective compliance with the

guidelines;

(G) provide for sampling procedures to monitor compliance

with the guidelines;

(H) take into consideration -

(i) vessel types;

(ii) variations in the characteristics of point of origin

and receiving water bodies;

(iii) variations in the ecological conditions of waters and

coastal areas of the United States; and

(iv) different operating conditions;

(I) be based on the best scientific information available;

(J) not affect or supersede any requirements or prohibitions

pertaining to the discharge of ballast water into waters of the

United States under the Federal Water Pollution Control Act (33

U.S.C. 1251 et seq.); and

(K) provide an exemption from ballast water exchange

requirements to passenger vessels with operating ballast water

systems that are equipped with treatment systems designed to

kill aquatic organisms in ballast water, unless the Secretary

determines that such treatment systems are less effective than

ballast water exchange at reducing the risk of transfers of

invasive species in the ballast water of passenger vessels; and

(L) not apply to crude oil tankers engaged in the coastwise

trade.

(3) Education and technical assistance programs

Not later than 1 year after October 26, 1996, the Secretary

shall carry out education and technical assistance programs and

other measures to encourage compliance with the guidelines issued

under this subsection.

(d) Report to Congress

Not sooner than 24 months after the date of issuance of

guidelines pursuant to subsection (c) of this section and not later

than 30 months after such date, and after consultation with

interested and affected persons, the Secretary shall prepare and

submit to Congress a report containing the information required

pursuant to paragraphs (1) and (2) of subsection (e) of this

section.

(e) Periodic review and revision

(1) In general

Not later than 3 years after the date of issuance of guidelines

pursuant to subsection (c) of this section, and not less

frequently than every 3 years thereafter, the Secretary shall, in

accordance with criteria developed by the Task Force under

paragraph (3) -

(A) assess the compliance by vessels with the voluntary

guidelines issued under subsection (c) of this section and the

regulations promulgated under this chapter;

(B) establish the rate of compliance that is based on the

assessment under subparagraph (A);

(C) assess the effectiveness of the voluntary guidelines and

regulations referred to in subparagraph (A) in reducing the

introduction and spread of aquatic nuisance species by vessels;

and

(D) as necessary, on the basis of the best scientific

information available -

(i) revise the guidelines and regulations referred to in

subparagraph (A);

(ii) promulgate additional regulations pursuant to

subsection (f)(1) of this section; or

(iii) carry out each of clauses (i) and (ii).

(2) Special review and revision

Not later than 90 days after the Task Force makes a request to

the Secretary for a special review and revision for coastal and

inland waterways designated by the Task Force, the Secretary

shall -

(A) conduct a special review of guidelines and regulations

applicable to those waterways in accordance with the review

procedures under paragraph (1); and

(B) as necessary, in the same manner as provided under

paragraph (1)(D) -

(i) revise those guidelines;

(ii) promulgate additional regulations pursuant to

subsection (f)(1) of this section; or

(iii) carry out each of clauses (i) and (ii).

(3) Criteria for effectiveness

Not later than 18 months after October 26, 1996, the Task Force

shall submit to the Secretary criteria for determining the

adequacy and effectiveness of the voluntary guidelines issued

under subsection (c) of this section.

(f) Authority of Secretary

(1) General regulations

If, on the basis of a periodic review conducted under

subsection (e)(1) of this section or a special review conducted

under subsection (e)(2) of this section, the Secretary determines

that -

(A) the rate of effective compliance (as determined by the

Secretary) with the guidelines issued pursuant to subsection

(c) of this section is inadequate; or

(B) the reporting by vessels pursuant to those guidelines is

not adequate for the Secretary to assess the compliance with

those guidelines and provide a rate of compliance of vessels,

including the assessment of the rate of compliance of vessels

under subsection (e)(2) of this section,

the Secretary shall promptly promulgate regulations that meet the

requirements of paragraph (2).

(2) Requirements for regulations

The regulations promulgated by the Secretary under paragraph

(1) -

(A) shall -

(i) not be promulgated sooner than 180 days following the

issuance of the report to Congress submitted pursuant to

subsection (d) of this section;

(ii) make mandatory the requirements included in the

voluntary guidelines issued under subsection (c) of this

section; and

(iii) provide for the enforcement of the regulations; and

(B) may be regional in scope.

(3) International regulations

The Secretary shall revise regulations promulgated under this

subsection to the extent required to make such regulations

consistent with the treatment of a particular matter in any

international agreement, agreed to by the United States,

governing management of the transfer of nonindigenous aquatic

species by vessel.

(g) Sanctions

(1) Civil penalties

Any person who violates a regulation promulgated under

subsection (b) or (f) of this section shall be liable for a civil

penalty in an amount not to exceed $25,000. Each day of a

continuing violation constitutes a separate violation. A vessel

operated in violation of the regulations is liable in rem for any

civil penalty assessed under this subsection for that violation.

(2) Criminal penalties

Any person who knowingly violates the regulations promulgated

under subsection (b) or (f) of this section is guilty of a class

C felony.

(3) Revocation of clearance

Upon request of the Secretary, the Secretary of the Treasury

shall withhold or revoke the clearance of a vessel required by

section 91 of title 46, Appendix, if the owner or operator of

that vessel is in violation of the regulations issued under

subsection (b) or (f) of this section.

(4) Exception to sanctions

This subsection does not apply to a failure to exchange ballast

water if -

(A) the master of a vessel, acting in good faith, decides

that the exchange of ballast water will threaten the safety or

stability of the vessel, its crew, or its passengers; and

(B) the recordkeeping and reporting requirements of this

chapter are complied with.

(h) Coordination with other agencies

In carrying out the programs under this section, the Secretary is

encouraged to use, to the maximum extent practicable, the

expertise, facilities, members, or personnel of established

agencies and organizations that have routine contact with vessels,

including the Animal and Plant Health Inspection Service of the

Department of Agriculture, the National Cargo Bureau, port

administrations, and ship pilots' associations.

(i) Consultation with Canada, Mexico, and other foreign governments

In developing the guidelines issued and regulations promulgated

under this section, the Secretary is encouraged to consult with the

Government of Canada, the Government of Mexico, and any other

government of a foreign country that the Secretary, in consultation

with the Task Force, determines to be necessary to develop and

implement an effective international program for preventing the

unintentional introduction and spread of nonindigenous species.

(j) International cooperation

The Secretary, in cooperation with the International Maritime

Organization of the United Nations and the Commission on

Environmental Cooperation established pursuant to the North

American Free Trade Agreement, is encouraged to enter into

negotiations with the governments of foreign countries to develop

and implement an effective international program for preventing the

unintentional introduction and spread of nonindigenous species.

(k) Safety exemption

(1) Master discretion

The master of a vessel is not required to conduct a ballast

water exchange if the master decides that the exchange would

threaten the safety or stability of the vessel, its crew, or its

passengers because of adverse weather, vessel architectural

design, equipment failure, or any other extraordinary conditions.

(2) Other requirements

(A) In general

Except as provided in subparagraph (B), a vessel that does

not exchange ballast water on the high seas under paragraph (1)

shall not be restricted from discharging ballast water in any

harbor.

(B) Great Lakes

Subparagraph (A) shall not apply in a case in which a vessel

is subject to the regulations issued by the Secretary under

subsection (b) of this section.

(3) Crude oil tanker ballast facility study

(A) Within 60 days of October 26, 1996, (FOOTNOTE 1) the

Secretary of the department in which the Coast Guard is

operating, in consultation with the Under Secretary of Commerce

for Oceans and Atmosphere, affected shoreside ballast water

facility operators, affected crude oil tanker operators, and

interested parties, shall initiate a study of the effectiveness

of existing shoreside ballast water facilities used by crude oil

tankers in the coastwise trade off Alaska in preventing the

introduction of nonindigenous aquatic species into the waters off

Alaska, as well as the cost and feasibility of modifying such

facilities to improve such effectiveness.

(FOOTNOTE 1) See Codification note below.

(B) The study required under subparagraph (A) shall be

submitted to the Congress by no later than October 1, 1997.

(l) Non-discrimination

The Secretary shall ensure that vessels registered outside of the

United States do not receive more favorable treatment than vessels

registered in the United States when the Secretary performs

studies, reviews compliance, determines effectiveness, establishes

requirements, or performs any other responsibilities under this

chapter.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1101, Nov. 29, 1990, 104 Stat.

4763; Pub. L. 102-580, title III, Sec. 302(b)(1), Oct. 31, 1992,

106 Stat. 4839; Pub. L. 102-587, title IV, Sec. 4002, Nov. 4, 1992,

106 Stat. 5068; Pub. L. 104-332, Sec. 2(b)(2), Oct. 26, 1996, 110

Stat. 4075.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsecs.

(b)(2)(C) and (c)(2)(J), is act June 30, 1948, ch. 758, as amended

generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,

which is classified generally to chapter 26 (Sec. 1251 et seq.) of

Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see Short Title note set

out under section 1251 of Title 33 and Tables.

This chapter, referred to in subsecs. (e)(1)(A), (g)(4)(B), and

(l), was in the original ''this Act'' or ''the Act'', which, to

reflect the probable intent of Congress, was translated as reading

''this title'' meaning title I of Pub. L. 101-646, Nov. 29, 1990,

104 Stat. 4761, known as the Nonindigenous Aquatic Nuisance

Prevention and Control Act of 1990, which is classified principally

to this chapter. For complete classification of title I to the

Code, see Short Title note set out below and Tables.

-COD-

CODIFICATION

October 26, 1996, referred to in subsec. (k)(3), was in the

original ''the date of enactment of this Act'', which was

translated as meaning the date of enactment of Pub. L. 104-332,

which amended this section generally, to reflect the probable

intent of Congress.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-332 amended section generally, substituting

subsecs. (a) to (l) relating to aquatic nuisance species in waters

of the United States for former subsecs. (a) to (e) relating to

aquatic nuisance species in the Great Lakes.

1992 - Subsec. (b)(3). Pub. L. 102-580 and Pub. L. 102-587 made

substantively identical amendments, adding par. (3). Par. (3) is

based on text of Pub. L. 102-587.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4712, 4741 of this title.

-CITE-

16 USC Sec. 4712 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF

NONINDIGENOUS AQUATIC SPECIES

-HEAD-

Sec. 4712. National ballast water management information

-STATUTE-

(a) Studies on introduction of aquatic nuisance species by vessels

(1) Ballast exchange study

The Task Force, in cooperation with the Secretary, shall

conduct a study -

(A) 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

(B) 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.

(2) Biological study

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.

(3) Shipping study

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 -

(A) the degree to which shipping may be a major pathway of

transmission of aquatic nuisance species in those waters;

(B) possible alternatives for controlling introduction of

those species through shipping; and

(C) the feasibility of implementing regional versus national

control measures.

(b) Ecological and ballast water discharge surveys

(1) Ecological surveys

(A) In general

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 -

(i) to be highly susceptible to invasion by aquatic

nuisance species resulting from ballast water operations and

other operations of vessels; and

(ii) to require further study.

(B) Requirements for surveys

In conducting the surveys under this paragraph, the Task

Force shall, with respect to each such survey -

(i) examine the attributes and patterns of invasions of

aquatic nuisance species; and

(ii) 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.

(2) Ballast water discharge surveys

(A) In general

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.

(B) Requirements for surveys

In conducting the surveys under this paragraph, the Secretary

shall -

(i) examine the rate of, and trends in, ballast water

discharge in the waters that are the subject of the survey;

and

(ii) 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.

(3) Columbia River

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

(1) Ballast exchange

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, the Task Force shall submit a report to

the Congress that presents the results of the study required

under subsection (a)(1) of this section and makes recommendations

with respect to such regulations.

(2) Biological and shipping studies

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) of this section.

(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 -

(1) make available not to exceed $750,000 to fund research on

aquatic nuisance species prevention and control in the Chesapeake

Bay through grants, to be competitively awarded and subject to

peer review, to universities and research institutions;

(2) 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;

(3) make available not to exceed $500,000 to fund research on

aquatic nuisance species prevention and control for the Pacific

Coast through grants, to be competitively awarded and subject to

peer review, to universities and research institutions;

(4) 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

(5) 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

(1) In general

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 -

(A) ballasting practices;

(B) compliance with the guidelines issued pursuant to section

4711(c) of this title; and

(C) any other information obtained by the Task Force under

subsection (b) of this section.

(2) Report

In consultation and cooperation with the Task Force and the

Smithsonian Institution (acting through the Smithsonian

Environmental Research Center), the Secretary shall prepare and

submit to the Task Force and the Congress, on a biennial basis, a

report that synthesizes and analyzes the data referred to in

paragraph (1) relating to -

(A) ballast water delivery and management; and

(B) invasions of aquatic nuisance species resulting from

ballast water.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1102, Nov. 29, 1990, 104 Stat.

4764; Pub. L. 104-332, Sec. 2(c), (g), (h)(1), Oct. 26, 1996, 110

Stat. 4081, 4091; Pub. L. 105-362, title XV, Sec. 1502(d), Nov. 10,

1998, 112 Stat. 3295.)

-MISC1-

AMENDMENTS

1998 - Subsec. (f)(2). Pub. L. 105-362 substituted ''biennial

basis'' for ''biannual basis'' in introductory provisions.

1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to

Pub. L. 101-646, Sec. 1102, which enacted this section.

Pub. L. 104-332, Sec. 2(c)(1), substituted ''management

information'' for ''control program'' in section catchline.

Subsec. (a)(1). Pub. L. 104-332, Sec. 2(c)(2)(A), inserted '', in

cooperation with the Secretary,'' before ''shall conduct'' in

introductory provisions.

Subsec. (a)(2). Pub. L. 104-332, Sec. 2(c)(2), inserted '', in

cooperation with the Secretary,'' before ''shall conduct'' and

''Lake Champlain and other'' after ''economic uses of''.

Subsec. (b). Pub. L. 104-332, Sec. 2(c)(3), added subsec. (b) and

struck out heading and text of former subsec. (b). Text read as

follows: ''The Secretary and the Task Force shall cooperate in

conducting their respective studies under this section.''

Subsec. (c). Pub. L. 104-332, Sec. 2(g), substituted ''Congress''

for ''appropriate Committees'' in pars. (1) and (2).

Subsecs. (e), (f). Pub. L. 104-332, Sec. 2(c)(4), added subsecs.

(e) and (f).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4711, 4741 of this title.

-CITE-

16 USC Sec. 4713 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF

NONINDIGENOUS AQUATIC SPECIES

-HEAD-

Sec. 4713. Armed services ballast water programs

-STATUTE-

(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.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1103, as added Pub. L. 104-332,

Sec. 2(d), Oct. 26, 1996, 110 Stat. 4083.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

16 USC Sec. 4714 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF

NONINDIGENOUS AQUATIC SPECIES

-HEAD-

Sec. 4714. Ballast water management demonstration program

-STATUTE-

(a) ''Technologies and practices'' defined

For purposes of this section, the term ''technologies and

practices'' means those technologies and practices that -

(1) may be retrofitted -

(A) on existing vessels or incorporated in new vessel

designs; and

(B) on existing land-based ballast water treatment

facilities;

(2) may be designed into new water treatment facilities;

(3) are operationally practical;

(4) are safe for a vessel and crew;

(5) are environmentally sound;

(6) are cost-effective;

(7) a vessel operator is capable of monitoring; and

(8) are effective against a broad range of aquatic nuisance

species.

(b) Demonstration program

(1) In general

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.

(2) Location

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.

(3) Vessel selection

In demonstrating technologies and practices on vessels under

this subsection, the Secretary of the Interior and the Secretary

of Commerce, shall -

(A) use only vessels that -

(i) are approved by the Secretary;

(ii) have ballast water systems conducive to testing

aboard-vessel or land-based technologies and practices

applicable to a significant number of merchant vessels; and

(iii) are -

(I) publicly or privately owned; and

(II) in active use for trade or other cargo shipment

purposes during the demonstration;

(B) select vessels for participation in the program by giving

priority consideration -

(i) first, to vessels documented under chapter 121 of title

46;

(ii) second, to vessels that are a majority owned by

citizens of the United States, as determined by the

Secretary; and

(iii) third, to any other vessels that regularly call on

ports in the United States; and

(C) seek to use a variety of vessel types, including vessels

that -

(i) call on ports in the United States and on the Great

Lakes; and

(ii) are operated along major coasts of the United States

and inland waterways, including the San Francisco Bay and

Chesapeake Bay.

(4) Selection of technologies and practices

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.

(5) Report

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

(1) Authorities

In conducting the demonstration program under subsection (b) of

this section, the Secretary of the Interior may -

(A) enter into cooperative agreements with appropriate

officials of other agencies of the Federal Government, agencies

of States and political subdivisions thereof, and private

entities;

(B) accept funds, facilities, equipment, or personnel from

other Federal agencies; and

(C) accept donations of property and services.

(2) Consultation and cooperation

The Secretary of the Interior shall consult and cooperate with

the International Maritime Organization and the Task Force in

carrying out this section.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1104, as added Pub. L. 104-332,

Sec. 2(d), Oct. 26, 1996, 110 Stat. 4083.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4741 of this title.

-CITE-

16 USC SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC

NUISANCE SPECIES DISPERSAL 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES

DISPERSAL

.

-HEAD-

SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES

DISPERSAL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4741 of this title.

-CITE-

16 USC Sec. 4721 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES

DISPERSAL

-HEAD-

Sec. 4721. Establishment of Task Force

-STATUTE-

(a) Task Force

There is hereby established an ''Aquatic Nuisance Species Task

Force''.

(b) Membership

Membership of the Task Force shall consist of -

(1) the Director;

(2) the Under Secretary;

(3) the Administrator of the Environmental Protection Agency;

(4) the Commandant of the United States Coast Guard;

(5) the Assistant Secretary;

(6) the Secretary of Agriculture; and

(7) the head of any other Federal agency that the chairpersons

designated under subsection (d) of this section deem appropriate.

(c) Ex officio members

The chairpersons designated under subsection (d) of this section

shall invite representatives of the Great Lakes Commission, the

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.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1201, Nov. 29, 1990, 104 Stat.

4765; Pub. L. 104-182, title III, Sec. 308(b), Aug. 6, 1996, 110

Stat. 1689; Pub. L. 104-332, Sec. 2(e)(2), (h)(1), Oct. 26, 1996,

110 Stat. 4085, 4091.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsecs. (d) to (f), was in the

original ''this subtitle'', meaning subtitle C (Sec. 1201-1209) of

title I of Pub. L. 101-646, Nov. 29, 1990, 104 Stat. 4765, which

enacted this subchapter and amended section 42 of Title 18, Crimes

and Criminal Procedure.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to

Pub. L. 101-646, Sec. 1201, which enacted this section.

Subsec. (b)(5) to (7). Pub. L. 104-332, Sec. 2(e)(2)(A), struck

out ''and'' at end of par. (5), added par. (6), and redesignated

former par. (6) as (7).

Subsec. (c). Pub. L. 104-332, Sec. 2(e)(2)(B), inserted ''the

Chesapeake Bay Program, the San Francisco Bay-Delta Estuary

Program,'' before ''and State agencies''.

Pub. L. 104-182 inserted '', the Lake Champlain Basin Program,''

after ''Great Lakes Commission''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4702 of this title.

-CITE-

16 USC Sec. 4722 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES

DISPERSAL

-HEAD-

Sec. 4722. Aquatic nuisance species program

-STATUTE-

(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) of this section shall

-

(1) 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;

(2) describe the specific prevention, monitoring, control,

education and research activities to be conducted by each Task

Force member;

(3) coordinate aquatic nuisance species programs and activities

of Task Force members and affected State agencies;

(4) describe the role of each Task Force member in implementing

the elements of the program as set forth in this subchapter;

(5) include recommendations for funding to implement elements

of the program; and

(6) 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

(1) In general

The Task Force shall establish and implement measures, within

the program developed under subsection (a) of this section, to

minimize the risk of introduction of aquatic nuisance species to

waters of the United States, including -

(A) identification of pathways by which aquatic organisms are

introduced to waters of the United States;

(B) assessment of the risk that an aquatic organism carried

by an identified pathway may become an aquatic nuisance

species; and

(C) evaluation of whether measures to prevent introductions

of aquatic nuisance species are effective and environmentally

sound.

(2) Implementation

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) of this section,

to -

(1) detect unintentional introductions of aquatic nuisance

species;

(2) determine the dispersal of aquatic nuisance species after

introduction; and

(3) provide for the early detection and prevention of

infestations of aquatic nuisance species in unaffected drainage

basins.

(e) Control

(1) In general

The Task Force may develop cooperative efforts, within the

program established under subsection (a) of this section, 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.

(2) Decisions

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.

(3) Programs

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.

(f) Research

(1) Priorities

The Task Force shall, within the program developed under

subsection (a) of this section, conduct research concerning -

(A) the environmental and economic risks and impacts

associated with the introduction of aquatic nuisance species

into the waters of the United States;

(B) the principal pathways by which aquatic nuisance species

are introduced and dispersed;

(C) possible methods for the prevention, monitoring and

control of aquatic nuisance species; and

(D) the assessment of the effectiveness of prevention,

monitoring and control methods.

(2) Protocol

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.

(3) Grants for research

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) of this section, 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) of this section, 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

(1) Zebra mussel

(A) In general

The Task Force shall, within the program developed under

subsection (a) of this section, 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 -

(i) 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;

(ii) tracking the dispersal of the species and

establishment of an early warning system to alert likely

areas of future infestations;

(iii) development of control plans in coordination with

regional, State and local entities; and

(iv) provision of technical assistance to regional, State

and local entities to carry out this section.

(B) Public facility research and development

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.

(C) Voluntary guidelines

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.

(2) Dispersal containment analysis

(A) Research

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 -

(i) identify environmentally sound methods for controlling

the dispersal of aquatic nuisance species, such as the zebra

mussel; and

(ii) adhere to research protocols developed pursuant to

subsection (f)(2) of this section.

(B) Authorization of appropriations

There are authorized to be appropriated to the Environmental

Protection Agency to carry out this paragraph, $500,000.

(3) Dispersal barrier demonstration

(A) In general

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.

(B) Report

Not later than 18 months after October 26, 1996, the

Assistant Secretary shall issue a report to the Congress that

includes recommendations concerning -

(i) 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

(ii) 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.

(C) Authorization of appropriations

There are authorized to be appropriated to the Department of

the Army, to carry out this paragraph, $750,000.

(4) Contributions

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.

(5) Technical assistance

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

(1) Regulations

The Director, the Secretary, and the Under Secretary may issue

such rules and regulations as may be necessary to implement this

section.

(2) Participation of others

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

(1) Not later than 12 months after November 29, 1990, the Task

Force shall submit a report describing the program developed under

subsection (a) of this section, including the research protocol

required under subsection (f)(2) of this section, to the Congress.

(2) 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.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1202, Nov. 29, 1990, 104 Stat.

4766; Pub. L. 104-332, Sec. 2(e)(3), (4), (g), (h)(1), Oct. 26,

1996, 110 Stat. 4085, 4087, 4091.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (e)(1) and (f)(3), was in

the original ''this Act'', which, to reflect the probable intent of

Congress, was translated as reading ''this title'' meaning title I

of Pub. L. 101-646, Nov. 29, 1990, 104 Stat. 4761, known as the

Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990,

which is classified principally to this chapter. For complete

classification of title I to the Code, see Short Title note set out

under section 4701 of this title and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to

Pub. L. 101-646, Sec. 1202, which enacted this section.

Subsec. (f)(1)(A). Pub. L. 104-332, Sec. 2(e)(3)(A), inserted

''and impacts'' after ''economic risks''.

Subsec. (i). Pub. L. 104-332, Sec. 2(e)(3)(B), designated

existing provisions as par. (1), redesignated former pars. (1) and

(2) as subpars. (A) and (B), respectively, and former subpars. (A)

to (D) of par. (1) as cls. (i) to (iv), respectively, of subpar.

(A), inserted new par. (1) heading, substituted ''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.'' for ''The Assistant Secretary, in consultation

with the Task Force, shall develop a program of research and

technology development for the environmentally sound control of

zebra mussels in and around public facilities.'' in subpar. (B),

and added subpar. (C) and pars. (2) to (5).

Subsec. (j)(1). Pub. L. 104-332, Sec. 2(e)(4), substituted ''The

Director, the Secretary,'' for ''Not later than 18 months after

November 29, 1990, the Director''.

Subsec. (k). Pub. L. 104-332, Sec. 2(g), substituted ''Congress''

for ''appropriate Committees'' in pars. (1) and (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4723, 4725, 4741 of this

title.

-CITE-

16 USC Sec. 4723 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES

DISPERSAL

-HEAD-

Sec. 4723. Regional coordination

-STATUTE-

(a) Great Lakes panel

(1) In general

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 -

(A) identify priorities for the Great Lakes region with

respect to aquatic nuisance species;

(B) make recommendations to the Task Force regarding programs

to carry out section 4722(i) of this title;

(C) assist the Task Force in coordinating Federal aquatic

nuisance species program activities in the Great Lakes region;

(D) coordinate, where possible, aquatic nuisance species

program activities in the Great Lakes region that are not

conducted pursuant to this chapter;

(E) provide advice to public and private individuals and

entities concerning methods of controlling aquatic nuisance

species; and

(F) submit annually a report to the Task Force describing

activities within the Great Lakes region related to aquatic

nuisance species prevention, research, (FOOTNOTE 1) control.

(FOOTNOTE 1) So in original. Probably should be followed by

''and''.

(2) Consultation

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.

(3) Canadian participation

The panel convened under this subsection is encourage (FOOTNOTE

2) to invite representatives from the Federal, provincial or

territorial governments of Canada to participate as observers.

(FOOTNOTE 2) So in original. Probably should be ''encouraged''.

(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 -

(1) identify priorities for the Western region with respect to

aquatic nuisance species;

(2) 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;

(3) coordinate, where possible, other aquatic nuisance species

program activities in the Western region that are not conducted

pursuant to this chapter;

(4) develop an emergency response strategy for Federal, State,

and local entities for stemming new invasions of aquatic nuisance

species in the region;

(5) provide advice to public and private individuals and

entities concerning methods of preventing and controlling aquatic

nuisance species infestations; and

(6) 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 -

(1) 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) of this section;

and

(2) cooperate with regional panels and similar entities that

carry out the activities described in paragraph (1).

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1203, Nov. 29, 1990, 104 Stat.

4769; Pub. L. 104-332, Sec. 2(e)(5), (h)(1), Oct. 26, 1996, 110

Stat. 4087, 4091.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 24, 1968, referred to in subsec. (a)(1), is Pub. L.

90-419, July 24, 1968, 82 Stat. 414, which is not classified to the

Code.

This chapter, referred to in subsecs. (a)(1)(D) and (b)(3), was

in the original ''this Act'', which, to reflect the probable intent

of Congress, was translated as reading ''this title'' meaning title

I of Pub. L. 101-646, Nov. 29, 1990, 104 Stat. 4761, known as the

Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990,

which is classified principally to this chapter. For complete

classification of title I to the Code, see Short Title note set out

under section 4701 of this title and Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to

Pub. L. 101-646, Sec. 1203, which enacted this section.

Pub. L. 104-332, Sec. 2(e)(5)(A), substituted ''Regional'' for

''Great Lakes regional'' in section catchline.

Pub. L. 104-332, Sec. 2(e)(5)(B)-(F), designated existing

provisions as subsec. (a) and inserted subsec. heading,

redesignated former subsec. (a) as par. (1), and former pars. (1)

to (6) as subpars. (A) to (F), respectively, of par. (1), in par.

(1) inserted ''region'' before ''representatives'' in introductory

provisions and after ''Great Lakes'' in subpars. (A), (C), (D), and

(F), redesignated subsecs. (b) and (c) as pars. (2) and (3),

respectively, of subsec. (a), substituted ''this subsection'' for

''this section'' in those pars., and added subsecs. (b) and (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4741 of this title.

-CITE-

16 USC Sec. 4724 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES

DISPERSAL

-HEAD-

Sec. 4724. State aquatic nuisance species management plans

-STATUTE-

(a) State or interstate invasive species management plans

(1) In general

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) 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

(B) 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.

(2) Content

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

-

(A) identify and describe State and local programs for

environmentally sound prevention and control of the target

aquatic nuisance species;

(B) 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;

(C) 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

(D) a schedule of implementing the plan, including a schedule

of annual objectives, and enabling legislation.

(3) Consultation

(A) 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.

(B) 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.

(4) Plan approval

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

(1) State grants

The Director may, at the recommendation of the Task Force, make

grants to States with management plans approved under subsection

(a) of this section for the implementation of those plans.

(2) Application

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.

(3) Federal share

(A) 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.

(B) 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.

(4) Adminisrative (FOOTNOTE 1) costs

(FOOTNOTE 1) So in original. Probably should be

''Administrative''.

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.

(5) In-kind contributions

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 of title 14, may provide assistance to

a State or Indian tribe in enforcing an approved State or

interstate invasive species management plan.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1204, Nov. 29, 1990, 104 Stat.

4770; Pub. L. 104-332, Sec. 2(e)(6), (h)(1), Oct. 26, 1996, 110

Stat. 4089, 4091.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to

Pub. L. 101-646, Sec. 1204, which enacted this section.

Subsec. (a). Pub. L. 104-332, Sec. 2(e)(6)(A)(i), substituted

''State or interstate invasive species management plans'' for

''State plan'' in heading.

Subsec. (a)(1). Pub. L. 104-332, Sec. 2(e)(6)(A)(ii)(I),

substituted ''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'' for ''The Governor of each State may, after notice and

opportunity for public comment, prepare and submit'' in

introductory provisions.

Subsec. (a)(1)(A). Pub. L. 104-332, Sec. 2(e)(6)(A)(ii)(II),

(III), inserted ''or within the interstate region involved'' after

''within the State'' and substituted ''technical, enforcement, or

financial assistance (or any combination thereof)'' for ''technical

and financial assistance''.

Subsec. (a)(1)(B). Pub. L. 104-332, Sec. 2(e)(6)(A)(ii)(III),

inserted ''or within the interstate region involved'' after

''within the State''.

Subsec. (a)(2)(B). Pub. L. 104-332, Sec. 2(e)(6)(A)(iii)(I),

struck out ''and'' at end.

Subsec. (a)(2)(C). Pub. L. 104-332, Sec. 2(e)(6)(A)(iii)(III),

added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (a)(2)(D). Pub. L. 104-332, Sec. 2(e)(6)(A)(iii)(II),

(IV), redesignated subpar. (C) as (D) and inserted '', and enabling

legislation'' before period.

Subsec. (a)(3)(A). Pub. L. 104-332, Sec. 2(e)(6)(A)(iv)(I),

inserted ''or interstate organization'' after ''the State'' and

''Indian tribes,'' after ''local governments and regional

entities,''.

Subsec. (a)(3)(B). Pub. L. 104-332, Sec. 2(e)(6)(A)(iv)(II),

inserted ''or the appropriate official of an interstate

organization'' after ''a State''.

Subsec. (a)(4). Pub. L. 104-332, Sec. 2(e)(6)(A)(v), inserted

''or the interstate organization'' after ''the Governor''.

Subsec. (b)(1). Pub. L. 104-332, Sec. 2(e)(6)(B), struck out ''or

the Assistant Secretary, as appropriate under subsection (a) of

this section,'' after ''The Director'' and substituted ''management

plans approved under subsection (a) of this section'' for

''approved management plans''.

Subsec. (c). Pub. L. 104-332, Sec. 2(e)(6)(C), added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4741 of this title.

-CITE-

16 USC Sec. 4725 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES

DISPERSAL

-HEAD-

Sec. 4725. Relationship to other laws

-STATUTE-

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.

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.

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.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1205, Nov. 29, 1990, 104 Stat.

4771; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.

4091.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title I of Pub. L. 101-646, Nov. 29, 1990, 104

Stat. 4761, known as the Nonindigenous Aquatic Nuisance Prevention

and Control Act of 1990, which is classified principally to this

chapter. For complete classification of title I to the Code, see

Short Title note set out under section 4701 of this title and

Tables.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-332 made technical amendment to Pub. L.

101-646, Sec. 1205, which enacted this section.

-CITE-

16 USC Sec. 4726 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES

DISPERSAL

-HEAD-

Sec. 4726. International cooperation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1206, Nov. 29, 1990, 104 Stat.

4771; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.

4091.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-332 made technical amendment to Pub. L.

101-646, Sec. 1206, which enacted this section.

-CITE-

16 USC Sec. 4727 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES

DISPERSAL

-HEAD-

Sec. 4727. Intentional introductions policy review

-STATUTE-

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.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1207, Nov. 29, 1990, 104 Stat.

4771; Pub. L. 104-332, Sec. 2(g), (h)(1), Oct. 26, 1996, 110 Stat.

4091.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to

Pub. L. 101-646, Sec. 1207, which enacted this section.

Pub. L. 104-332, Sec. 2(g), substituted ''Congress'' for

''appropriate Committees''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4741 of this title.

-CITE-

16 USC Sec. 4728 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES

DISPERSAL

-HEAD-

Sec. 4728. Brown tree snake control program

-STATUTE-

The Task Force shall, within the program developed under

subsection (a), (FOOTNOTE 1) 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.

(FOOTNOTE 1) So in original. Probably should be ''subsection

(a) of section 4722 of this title,''.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1209, Nov. 29, 1990, 104 Stat.

4772; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.

4091.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-332 made technical amendment to Pub. L.

101-646, Sec. 1209, which enacted this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4741 of this title.

-CITE-

16 USC SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

.

-HEAD-

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-CITE-

16 USC Sec. 4741 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-

Sec. 4741. Authorization of appropriations

-STATUTE-

(a) Prevention of unintentional introductions

There are authorized to be appropriated to develop and implement

the provisions of subchapter II of this chapter -

(1) $500,000 until the end of fiscal year 1992 to the Secretary

to carry out sections 4711 and 4712(a)(3) of this title;

(2) $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 (FOOTNOTE 1) of this title;

(FOOTNOTE 1) So in original. Probably should be followed by a

closing parenthesis.

(3) to the Secretary to carry out section 4711 of this title -

(A) $2,000,000 for each of fiscal years 1997 and 1998; and

(B) $3,000,000 for each of fiscal years 1999 through 2002;

(4) for each of fiscal years 1997 through 2002, to carry out

paragraphs (1) and (2) of section 4712(b) of this title -

(A) $1,000,000 to the Department of the Interior, to be used

by the Director; and

(B) $1,000,000 to the Secretary; and

(5) for each of fiscal years 1997 through 2002 -

(A) $3,000,000, which shall be made available from funds

otherwise authorized to be appropriated if such funds are so

authorized, to the Under Secretary to carry out section 4712(e)

of this title; and

(B) $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 of this chapter -

(1) $6,000,000 to the Department of the Interior, to be used by

the Director to carry out sections 4722 and 4728 of this title;

(2) $1,000,000 to the Department of Commerce, to be used by the

Under Secretary to carry out section 4722 of this title;

(3) $1,625,000, which shall be made available from funds

otherwise authorized to be appropriated if such funds are so

authorized, to fund aquatic nuisance species prevention and

control research under section 4722(i) of this title at the Great

Lakes Environmental Research Laboratory of the National Oceanic

and Atmospheric Administration, of which $500,000 shall be made

available for grants, to be competitively awarded and subject to

peer review, for research relating to Lake Champlain;

(4) $5,000,000 for competitive grants for university research

on aquatic nuisance species under section 4722(f)(3) of this

title as follows:

(A) $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;

(B) $1,200,000 to fund grants to colleges for the benefit of

agriculture and the mechanic arts referred to in section 322 of

title 7; and

(C) $1,000,000 to fund grants through the Cooperative

Fisheries and Wildlife Research Unit Program of the United

States Fish and Wildlife Service;

(5) $3,000,000 to the Department of the Army, to be used by the

Assistant Secretary to carry out section 4722(i)(1)(B) of this

title; and

(6) $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 $4,000,000 to the Department of the Interior, to

be used by the Director for making grants under section 4724 of

this title, of which $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.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1301, Nov. 29, 1990, 104 Stat.

4772; Pub. L. 102-186, Sec. 4(b)(2), Dec. 4, 1991, 105 Stat. 1283;

Pub. L. 104-332, Sec. 2(f), (h)(1), Oct. 26, 1996, 110 Stat. 4090,

4091.)

-COD-

CODIFICATION

''Section 322 of title 7'' substituted in subsec. (b)(4)(B) for

''the first section of the Act of August 30, 1890 (26 Stat. 417,

chapter 841; 7 U.S.C. 322)''. Section 1 of the act of Aug. 30,

1890, is classified to sections 322 and 323 of Title 7,

Agriculture, but only section 322 refers to agriculture and the

mechanic arts.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to

Pub. L. 101-646, Sec. 1301, which enacted this section.

Subsec. (a)(3). Pub. L. 104-332, Sec. 2(f)(1)(B), added par. (3)

and struck out former par. (3) which read as follows: ''$1,000,000

for each of fiscal years 1993, 1994, and 1995 to the Secretary for

implementation and enforcement of the regulations promulgated under

section 4711 of this title.''

Subsec. (a)(4), (5). Pub. L. 104-332, Sec. 2(f)(1)(A), (C), added

pars. (4) and (5).

Subsec. (b). Pub. L. 104-332, Sec. 2(f)(2)(A), substituted ''1997

through 2002'' for ''1991, 1992, 1993, 1994, and 1995'' in

introductory provisions.

Subsec. (b)(1) to (7). Pub. L. 104-332, Sec. 2(f)(2)(B), added

pars. (1) to (6) and struck out former pars. (1) to (7) which read

as follows:

''(1) $7,000,000 to the Director to carry out sections 4722 and

4728 of this title;

''(2) $5,000,000 to the Under Secretary to carry out section 4722

of this title;

''(3) $1,125,000 to fund aquatic nuisance species prevention and

control research under section 4722(i) of this title at the Great

Lakes Environmental Research Laboratory of the National Oceanic and

Atmospheric Administration;

''(4) $5,000,000 for competitive grants for university research

on aquatic nuisance species under section 4722(f)(3) of this title

as follows:

''(A) $3,375,000 to fund grants under the National Sea Grant

College Program Act (33 U.S.C. 1121 et seq.), and of this amount,

$2,500,000 to fund grants in the Great Lakes region; and

''(B) $1,675,000 to fund grants through the Cooperative

Fisheries and Wildlife Research Unit Program of the United States

Fish and Wildlife Service;

''(5) $500,000 to fund Sea Grant Marine Advisory Services

education and technical assistance related to infestations of zebra

mussels under sections 4722(g) and (h) of this title;

''(6) $200,000 to fund aquatic nuisance species prevention and

control activities of the Great Lakes Commission; and

''(7) $2,000,000 to the Assistant Secretary to carry out section

4722(i)(2) of this title.''

Subsec. (c). Pub. L. 104-332, Sec. 2(f)(3), added subsec. (c) and

struck out heading and text of former subsec. (c). Text read as

follows: ''There are authorized to be appropriated for each of

fiscal years 1991, 1992, 1993, 1994, and 1995 to make grants under

section 4724 of this title -

''(1) $2,500,000 to the Director; and

''(2) $5,000,000 to the Assistant Secretary.''

Subsecs. (e), (f). Pub. L. 104-332, Sec. 2(f)(4), added subsecs.

(e) and (f).

1991 - Subsec. (b)(4)(A). Pub. L. 102-186 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows:

''$3,375,000 to fund grants under section 1125 of title 33, and of

this amount, $2,500,000 to fund grants in the Great Lakes region;

and''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4714 of this title; title

33 section 1131.

-CITE-

16 USC SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES

.

-HEAD-

SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES

-CITE-

16 USC Sec. 4751 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL

SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES

-HEAD-

Sec. 4751. Environmental impact analyses

-STATUTE-

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.

-SOURCE-

(Pub. L. 101-646, title I, Sec. 1401, Nov. 29, 1990, 104 Stat.

4773; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.

4091.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-332 made technical amendment to Pub. L.

101-646, Sec. 1401, which enacted this section.

-CITE-