Nonindigenous Aquatic Nuisance Prevention and Control Act/ National Invasive Species Act (16 U.S.C. 4701)

§ 4608

TITLE 16—CONSERVATION

(Pub. L. 101–628, title XI, § 1108, Nov. 28, 1990, 104
Stat. 4503.)
§ 4608. Authorization of appropriations
(a) Department of the Interior
There are authorized to be appropriated to the
Secretary such sums as may be necessary to
carry out the purposes of this chapter, not to exceed the amount expended for such purposes for
fiscal year 1990.
(b) Other Federal agencies
There are authorized to be appropriated to
other Federal departments and agencies such
sums as may be necessary to carry out the provisions of any other Take Pride in America programs established by such departments or agencies.
(Pub. L. 101–628, title XI, § 1109, Nov. 28, 1990, 104
Stat. 4503.)
CHAPTER 67—AQUATIC NUISANCE
PREVENTION AND CONTROL
SUBCHAPTER I—GENERAL PROVISIONS
Sec.

4701.
4702.

Findings and purposes.
Definitions.

SUBCHAPTER
II—PREVENTION
OF
UNINTENTIONAL INTRODUCTIONS OF NONINDIGENOUS
AQUATIC SPECIES
4711.
4712.
4713.
4714.

Aquatic nuisance species in waters of United
States.
National ballast water management information.
Armed services ballast water programs.
Ballast water management demonstration
program.

SUBCHAPTER III—PREVENTION AND CONTROL OF
AQUATIC NUISANCE SPECIES DISPERSAL
4721.
4722.
4723.
4724.
4725.
4726.
4727.
4728.

Establishment of Task Force.
Aquatic nuisance species program.
Regional coordination.
State aquatic nuisance species management
plans.
Relationship to other laws.
International cooperation.
Intentional introductions policy review.
Brown tree snake control program.
SUBCHAPTER IV—AUTHORIZATION OF
APPROPRIATIONS

4741.

Authorization of appropriations.

SUBCHAPTER V—COOPERATIVE ENVIRONMENTAL
ANALYSES
4751.

Environmental impact analyses.

SUBCHAPTER I—GENERAL PROVISIONS
§ 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

Page 2308

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

Page 2309

§ 4702

TITLE 16—CONSERVATION

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;
(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, § 1002, Nov. 29, 1990, 104
Stat. 4761; Pub. L. 104–182, title III, § 308(a), Aug.
6, 1996, 110 Stat. 1689; Pub. L. 104–332, § 2(a)(1),
(h)(1), Oct. 26, 1996, 110 Stat. 4073, 4091.)

‘‘(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, § 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, § 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, § 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.).’’

REFERENCES IN TEXT

REPORT ON ESTABLISHMENT OF PROGRAM

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.

Pub. L. 102–567, title II, § 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.’’

AMENDMENTS
1996—Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1002, which enacted this section.
Subsec. (a)(2), (3). Pub. L. 104–332, § 2(a)(1)(A), added
pars. (2) and (3) and struck out former pars. (2) and (3)
which read as follows:
1 So

in original. Probably should be followed by a comma.

§ 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;