Collapse to view only § 4702. Definitions
§ 4701. Findings and purposes
(a) FindingsThe 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) PurposesThe 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 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; Pub. L. 117–263, div. K, title CXIII, § 11327(e)(1), Dec. 23, 2022, 136 Stat. 4097.)
§ 4702. DefinitionsAs 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 Canadian Border), and includes all other bodies of water within the drainage basin of such lakes and connecting channels.1
1 So in original. The period probably should be a semicolon.
(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) “State” means each of the several States, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands of the United States;
(14) “recreational vessel” has the meaning given that term in section 1362 of title 33;
(15) “Task Force” means the Aquatic Nuisance Species Task Force established under section 4721 of this title;
(16) “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;
(17) “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere;
(18) “waters of the United States” means the navigable waters and the territorial sea of the United States; and
(19) “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, § 1003, Nov. 29, 1990, 104 Stat. 4762; Pub. L. 102–580, title III, § 302(b)(2), Oct. 31, 1992, 106 Stat. 4839; Pub. L. 104–332, § 2(a)(2), (h)(1), (3), Oct. 26, 1996, 110 Stat. 4074, 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(a), (e)(2), Dec. 23, 2022, 136 Stat. 4096, 4098.)