§ 4701. — Findings and purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.''
