
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: 16USC4722]

 
                         TITLE 16--CONSERVATION
 
           CHAPTER 67--AQUATIC NUISANCE PREVENTION AND CONTROL
 
   SUBCHAPTER III--PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES 
                                DISPERSAL
 
Sec. 4722. Aquatic nuisance species program


(a) In general

    The Task Force shall develop and implement a program for waters of 
the United States to prevent introduction and dispersal of aquatic 
nuisance species; to monitor, control and study such species; and to 
disseminate related information.

(b) Content

    The program developed under subsection (a) 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.

(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.)

                       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.


                               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).

                  Section Referred to in Other Sections

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