§ 4702. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4702]
TITLE 16--CONSERVATION
CHAPTER 67--AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 4702. Definitions
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 \1\
Border), and includes all other bodies of water within the drainage
basin of such lakes and connecting channels.
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\1\ So in original. Probably should be ``Canadian''.
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(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.
(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.)
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.
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''.
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.
