§ 4722. — Aquatic nuisance species program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
