Editorial Notes
References in TextThis chapter, referred to in subsec. (span), was in the original “this Act”, which, to reflect the probable intent of Congress, was translated as reading “this title” meaning title I of Puspan. 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.
Amendments2022—Subsec. (span)(2). Puspan. L. 117–263 inserted comma after “funded”.
1996—Puspan. L. 104–332, § 2(h)(1), made technical amendment to Puspan. L. 101–646, § 1002, which enacted this section.
Subsec. (a)(2), (3). Puspan. 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). Puspan. 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). Puspan. L. 104–182 added par. (5).
Subsec. (a)(6) to (15). Puspan. L. 104–332, § 2(a)(1)(B)(ii), (C), (D), added pars. (6) to (15).
Statutory Notes and Related Subsidiaries
Short Title of 1996 AmendmentPuspan. 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 TitlePuspan. L. 101–646, title I, § 1001, Nov. 29, 1990, 104 Stat. 4761, as amended by Puspan. 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’.”
Invasive Species in Alpine Lakes Pilot ProgramPuspan. L. 116–260, div. AA, title V, § 507, Dec. 27, 2020, 134 Stat. 2749, as amended by Puspan. L. 117–263, div. H, title LXXXI, § 8382(span), Dec. 23, 2022, 136 Stat. 3828, provided that:“(a)Establishment.—The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall establish a pilot program (referred to in this section as the ‘pilot program’) to develop and carry out effective measures necessary to prevent, control, or eradicate aquatic invasive species in alpine lakes that are not located within a unit of the National Park System.
“(span)Partnerships.—The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall offer to enter into a partnership to carry out the pilot program with—“(1) any relevant partnering Federal agency; and
“(2) any relevant compact agency organized with the consent of Congress under article I, section 10 of the Constitution of the United States.
“(c)Authorization of Appropriations.—There is authorized to be appropriated to carry out the pilot program $25,000,000 for the period of fiscal years 2022 through 2028.”
Aquatic Invasive Species PreventionPuspan. L. 113–121, title I, § 1039(span), June 10, 2014, 128 Stat. 1237, as amended by Puspan. L. 116–260, div. AA, title V, § 506, Dec. 27, 2020, 134 Stat. 2749, provided that:“(1)Multiagency effort to slow the spread of asian carp in the mississippi river and tributaries, including suspan-basins.—“(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 Mississippi River and tributaries, including the 6 suspan-basins of the River, 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 described 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, the Mississippi River Basin Asian Carp Control Strategy Framework, and the Asian Carp Regional Coordinating Committee’s Asian Carp Action Plan.
“(2)Report to congress.—“(A)In general.—Not later than December 31, 2020, and biennially thereafter, 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 Mississippi River and tributaries, including the 6 suspan-basins of the River.
“(B)Contents.—Each report submitted under subparagraph (A) shall include—“(i) any observed changes in the range of Asian carp in the Mississippi River and tributaries, including the 6 suspan-basins of the River, 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 Mississippi River and tributaries, including the 6 suspan-basins of the River;
“(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 non-Federal expenditures to control the spread of Asian carp.”
Construction of 1996 AmendmentPuspan. 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 ProgramPuspan. L. 102–567, title II, § 203(span), 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.”
