16 U.S.C. § 4722
Section 4722 · Aquatic nuisance species program
Current version, with additions and removals from the November 29, 1990 version.
The Task Force shall develop and implement a program for waters of the United States to prevent introduction and dispersal of aquatic nuisance species; to monitor, control and study such species; and to disseminate related information.
The Task Force shall develop and implement a program for waters of the United States to prevent introduction and dispersal of aquatic nuisance species; to monitor, control and study such species; and to disseminate related information.
(1) identify the goals, priorities, and approaches for aquatic nuisance species prevention, monitoring, control, education and research to be conducted or funded by the Federal Government;
(1) identify the goals, priorities, and approaches for aquatic nuisance species prevention, monitoring, control, education and research to be conducted or funded by the Federal Government;
(2) describe the specific prevention, monitoring, control, education and research activities to be conducted by each Task Force member;
(2) describe the specific prevention, monitoring, control, education and research activities to be conducted by each Task Force member;
(3) coordinate aquatic nuisance species programs and activities of Task Force members and affected State agencies;
(3) coordinate aquatic nuisance species programs and activities of Task Force members and affected State agencies;
(4) describe the role of each Task Force member in implementing the elements of the program as set forth in this subchapter;
(4) describe the role of each Task Force member in implementing the elements of the program as set forth in this subchapter;
(5) include recommendations for funding to implement elements of the program; and
(5) include recommendations for funding to implement elements of the program; and
(6) develop a demonstration program of prevention, monitoring, control, education and research for the zebra mussel, to be implemented in the Great Lakes and any other waters infested, or likely to become infested in the near future, by the zebra mussel.
(6) develop a demonstration program of prevention, monitoring, control, education and research for the zebra mussel, to be implemented in the Great Lakes and any other waters infested, or likely to become infested in the near future, by the zebra mussel.
(1) In general
(1) In general
(A) identification of pathways by which aquatic organisms are introduced to waters of the United States;
(A) identification of pathways by which aquatic organisms are introduced to waters of the United States;
(B) assessment of the risk that an aquatic organism carried by an identified pathway may become an aquatic nuisance species; and
(B) assessment of the risk that an aquatic organism carried by an identified pathway may become an aquatic nuisance species; and
(C) evaluation of whether measures to prevent introductions of aquatic nuisance species are effective and environmentally sound.
(C) evaluation of whether measures to prevent introductions of aquatic nuisance species are effective and environmentally sound.
(2) Implementation
(2) Implementation
Whenever the Task Force determines that there is a substantial risk of unintentional introduction of an aquatic nuisance species by an identified pathway and that the adverse consequences of such an introduction are likely to be substantial, the Task Force shall, acting through the appropriate Federal agency, and after an opportunity for public comment, carry out cooperative, environmentally sound efforts with regional, State and local entities to minimize the risk of such an introduction.
Whenever the Task Force determines that there is a substantial risk of unintentional introduction of an aquatic nuisance species by an identified pathway and that the adverse consequences of such an introduction are likely to be substantial, the Task Force shall, acting through the appropriate Federal agency, and after an opportunity for public comment, carry out cooperative, environmentally sound efforts with regional, State and local entities to minimize the risk of such an introduction.
(1) detect unintentional introductions of aquatic nuisance species;
(1) detect unintentional introductions of aquatic nuisance species;
(2) determine the dispersal of aquatic nuisance species after introduction; and
(2) determine the dispersal of aquatic nuisance species after introduction; and
(3) provide for the early detection and prevention of infestations of aquatic nuisance species in unaffected drainage basins.
(3) provide for the early detection and prevention of infestations of aquatic nuisance species in unaffected drainage basins.
(1) In general
(1) In general
(2) Decisions
(2) Decisions
The Task Force or any other affected agency or entity may recommend that the Task Force initiate a control effort. In determining whether a control program is warranted, the Task Force shall evaluate the need for control (including the projected consequences of no control and less than full control); the technical and biological feasibility and cost-effectiveness of alternative control strategies and actions; whether the benefits of control, including costs avoided, exceed the costs of the program; the risk of harm to non-target organisms and ecosystems, public health and welfare; and such other considerations the Task Force determines appropriate. The Task Force shall also determine the nature and extent of control of target aquatic nuisance species that is feasible and desirable.
The Task Force or any other affected agency or entity may recommend that the Task Force initiate a control effort. In determining whether a control program is warranted, the Task Force shall evaluate the need for control (including the projected consequences of no control and less than full control); the technical and biological feasibility and cost-effectiveness of alternative control strategies and actions; whether the benefits of control, including costs avoided, exceed the costs of the program; the risk of harm to non-target organisms and ecosystems, public health and welfare; and such other considerations the Task Force determines appropriate. The Task Force shall also determine the nature and extent of control of target aquatic nuisance species that is feasible and desirable.
(3) Programs
(3) Programs
If the Task Force determines in accordance with paragraph (2) that control of an aquatic nuisance species is warranted, the Task Force shall develop a proposed control program to achieve the target level of control. A notice summarizing the proposed action and soliciting comments shall be published in the Federal Register, in major newspapers in the region affected, and in principal trade publications of the industries affected. Within 180 days of proposing a control program, and after consultation with affected governmental and other appropriate entities and taking into consideration other comments received, the Task Force shall complete development of the proposed control program.
If the Task Force determines in accordance with paragraph (2) that control of an aquatic nuisance species is warranted, the Task Force shall develop a proposed control program to achieve the target level of control. A notice summarizing the proposed action and soliciting comments shall be published in the Federal Register, in major newspapers in the region affected, and in principal trade publications of the industries affected. Within 180 days of proposing a control program, and after consultation with affected governmental and other appropriate entities and taking into consideration other comments received, the Task Force shall complete development of the proposed control program.
(4) Technical assistance and recommendations
The Task Force may provide technical assistance and recommendations for best practices to an agency or entity engaged in vessel inspections or decontaminations for the purpose of—
(A) effectively managing and controlling the movement of aquatic nuisance species into, within, or out of water of the United States; and
(B) inspecting recreational vessels in a manner that minimizes disruptions to public access for boating and recreation in non-contaminated vessels.
(5) Consultation and input
In carrying out paragraph (4), including the development of recommendations, the Task Force may consult with Indian Tribes and solicit input from—
(A) State and Tribal fish and wildlife management agencies;
(B) other State and Tribal agencies that manage fishery resources of the State or sustain fishery habitat; and
(C) relevant nongovernmental entities.
(1) Priorities
(1) Priorities
(B) the principal pathways by which aquatic nuisance species are introduced and dispersed;
(B) the principal pathways by which aquatic nuisance species are introduced and dispersed;
(C) possible methods for the prevention, monitoring and control of aquatic nuisance species; and
(C) possible methods for the prevention, monitoring and control of aquatic nuisance species; and
(D) the assessment of the effectiveness of prevention, monitoring and control methods.
(D) the assessment of the effectiveness of prevention, monitoring and control methods.
(2) Protocol
(2) Protocol
Within 90 days of November 29, 1990, the Task Force shall establish and follow a protocol to ensure that research activities carried out under this subchapter do not result in the introduction of aquatic nuisance species to waters of the United States.
Within 90 days of November 29, 1990, the Task Force shall establish and follow a protocol to ensure that research activities carried out under this subchapter do not result in the introduction of aquatic nuisance species to waters of the United States.
(3) Grants for research
(3) Grants for research
The Task Force shall allocate funds authorized under this chapter for competitive research grants to study all aspects of aquatic nuisance species, which shall be administered through the National Sea Grant College Program and the Cooperative Fishery and Wildlife Research Units. Grants shall be conditioned to ensure that any recipient of funds follows the protocol established under paragraph (2) of this subsection.
The Task Force shall allocate funds authorized under this chapter for competitive research grants to study all aspects of aquatic nuisance species, which shall be administered through the National Sea Grant College Program and the Cooperative Fishery and Wildlife Research Units. Grants shall be conditioned to ensure that any recipient of funds follows the protocol established under paragraph (2) of this subsection.
(1) Zebra mussel
(C) Voluntary guidelines
Not later than 1 year after October 26, 1996, the Task Force shall develop and submit to the Secretary voluntary guidelines for controlling the spread of the zebra mussel and, if appropriate, other aquatic nuisance species through recreational activities, including boating and fishing. Not later than 4 months after the date of such submission, and after providing notice and an opportunity for public comment, the Secretary shall issue voluntary guidelines that are based on the guidelines developed by the Task Force under this subparagraph.
(2) Dispersal containment analysis
(A) Research
The Administrator of the Environmental Protection Agency, in cooperation with the National Science Foundation and the Task Force, shall provide research grants on a competitive basis for projects that—
(i) identify environmentally sound methods for controlling the dispersal of aquatic nuisance species, such as the zebra mussel; and
(ii) adhere to research protocols developed pursuant to subsection (f)(2).
(B) Authorization of appropriations
There are authorized to be appropriated to the Environmental Protection Agency to carry out this paragraph, $500,000.
(3) Dispersal barrier demonstration
(A) In general
The Assistant Secretary, in consultation with the Task Force, shall investigate and identify environmentally sound methods for preventing and reducing the dispersal of aquatic nuisance species between the Great Lakes-Saint Lawrence drainage and the Mississippi River drainage through the Chicago River Ship and Sanitary Canal, including any of those methods that could be incorporated into the operation or construction of the lock system of the Chicago River Ship and Sanitary Canal.
(B) Report
Not later than 18 months after October 26, 1996, the Assistant Secretary shall issue a report to the Congress that includes recommendations concerning—
(i) which of the methods that are identified under the study conducted under this paragraph are most promising with respect to preventing and reducing the dispersal of aquatic nuisance species; and
(ii) ways to incorporate those methods into ongoing operations of the United States Army Corps of Engineers that are conducted at the Chicago River Ship and Sanitary Canal.
(C) Authorization of appropriations
There are authorized to be appropriated to the Department of the Army such sums as are necessary to carry out the dispersal barrier demonstration project directed by this paragraph.
(4) Contributions
To the extent allowable by law, in carrying out the studies under paragraphs (2) and (3), the Administrator of the Environmental Protection Agency and the Secretary of the Army may enter into an agreement with an interested party under which that party provides in kind or monetary contributions for the study.
(5) Technical assistance
The Great Lakes Environmental Research Laboratory of the National Oceanic and Atmospheric Administration shall provide technical assistance to appropriate entities to assist in the research conducted pursuant to this subsection.
(1) Regulations
(1) Regulations
(2) Participation of others
(2) Participation of others
The Task Force shall provide opportunities for affected Federal agencies which are not part of the Task Force, State and local government agencies, and regional and other entities with the necessary expertise to participate in control programs. If these other agencies or entities have sufficient authority or jurisdiction and expertise and where this will be more efficient or effective, responsibility for implementing all or a portion of a control program may be delegated to such agencies or entities.
The Task Force shall provide opportunities for affected Federal agencies which are not part of the Task Force, State and local government agencies, and regional and other entities with the necessary expertise to participate in control programs. If these other agencies or entities have sufficient authority or jurisdiction and expertise and where this will be more efficient or effective, responsibility for implementing all or a portion of a control program may be delegated to such agencies or entities.
(3) Not later than 90 days after December 23, 2022, the Task Force shall submit a report to Congress recommending legislative, programmatic, or regulatory changes to eliminate remaining gaps in authorities between members of the Task Force to effectively manage and control the movement of aquatic nuisance species.