16 USC 4701 Nonindigenous Aquatic Nuisance Prevention and Control Act-National Invasive Species Act

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TITLE 16—CONSERVATION

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
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

§ 4701

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;
(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.)
1 So

in original. Probably should be followed by a comma.

§ 4702

TITLE 16—CONSERVATION
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, § 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:
‘‘(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
Pub. L. 104–332, § 1(a), Oct. 26, 1996, 110 Stat. 4073, 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
Pub. L. 101–646, title I, § 1001, Nov. 29, 1990, 104 Stat.
4761, 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’.’’
AQUATIC INVASIVE SPECIES PREVENTION
Pub. L. 113–121, title I, § 1039(b), June 10, 2014, 128 Stat.
1237, provided that:
‘‘(1) MULTIAGENCY EFFORT TO SLOW THE SPREAD OF
ASIAN CARP IN THE UPPER MISSISSIPPI AND OHIO RIVER BASINS AND TRIBUTARIES.—
‘‘(A) IN GENERAL.—The Director of the United
States Fish and Wildlife Service, in coordination
with the Secretary [of the Army], the Director of the
National Park Service, and the Director of the United
States Geological Survey, shall lead a multiagency
effort to slow the spread of Asian carp in the Upper
Mississippi and Ohio River basins and tributaries by
providing technical assistance, coordination, best
practices, and support to State and local governments in carrying out activities designed to slow, and
eventually eliminate, the threat posed by Asian carp.
‘‘(B) BEST PRACTICES.—To the maximum extent
practicable, the multiagency effort shall apply lessons learned and best practices such as those de-

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scribed in the document prepared by the Asian Carp
Working Group entitled ‘Management and Control
Plan for Bighead, Black, Grass, and Silver Carps in
the United States’ and dated November 2007, and the
document prepared by the Asian Carp Regional Coordinating Committee entitled ‘FY 2012 Asian Carp
Control Strategy Framework’ and dated February
2012.
‘‘(2) REPORT TO CONGRESS.—
‘‘(A) IN GENERAL.—Not later than December 31 of
each year, the Director of the United States Fish and
Wildlife Service, in coordination with the Secretary,
shall submit to the Committee on Appropriations and
the Committee on Environment and Public Works of
the Senate and the Committee on Appropriations, the
Committee on Natural Resources, and the Committee
on Transportation and Infrastructure of the House of
Representatives and make publicly available a report
describing the coordinated strategies established and
progress made toward the goals of controlling and
eliminating Asian carp in the Upper Mississippi and
Ohio River basins and tributaries.
‘‘(B) CONTENTS.—Each report submitted under subparagraph (A) shall include—
‘‘(i) any observed changes in the range of Asian
carp in the Upper Mississippi and Ohio River basins
and tributaries during the 2-year period preceding
submission of the report;
‘‘(ii) a summary of Federal agency efforts, including cooperative efforts with non-Federal partners,
to control the spread of Asian carp in the Upper
Mississippi and Ohio River basins and tributaries;
‘‘(iii) any research that the Director determines
could improve the ability to control the spread of
Asian carp;
‘‘(iv) any quantitative measures that the Director
intends to use to document progress in controlling
the spread of Asian carp; and
‘‘(v) a cross-cut accounting of Federal and nonFederal expenditures to control the spread of Asian
carp.’’
CONSTRUCTION OF 1996 AMENDMENT
Pub. L. 104–332, § 3, Oct. 26, 1996, 110 Stat. 4092, 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, § 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.’’

§ 4702. Definitions
As used in this chapter, the term—
(1) ‘‘aquatic nuisance species’’ means a nonindigenous species that threatens the diver-