View all text of Subchapter I [§ 4701 - § 4702]
§ 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.)