
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC4701]

 
                         TITLE 16--CONSERVATION
 
           CHAPTER 67--AQUATIC NUISANCE PREVENTION AND CONTROL
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 4701. Findings and purposes


(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 \1\ control, information dissemination and 
    other activities regarding the zebra mussel and other aquatic 
    nuisance species;
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    \1\ So in original. Probably should be followed by a comma.
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        (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.

(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.)

                       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.


                               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.''
