Chapter 67, Subchapter III, Section 4722, Subsection (i) · 16 U.S.C. Chapter 67 — AQUATIC NUISANCE PREVENTION AND CONTROL

Contents

(i)

(1)

(A)The Task Force shall, within the program developed under subsection (a), undertake a program of prevention, monitoring, control, education and research for the zebra mussel to be implemented in the Great Lakes and any other waters of the United States infested or likely to become infested by the zebra mussel, including—

(i)research and development concerning the species life history, environmental tolerances and impacts on fisheries and other ecosystem components, and the efficacy of control mechanisms and means of avoiding or minimizing impacts;

(ii)tracking the dispersal of the species and establishment of an early warning system to alert likely areas of future infestations;

(iii)development of control plans in coordination with regional, State and local entities; and

(iv)provision of technical assistance to regional, State and local entities to carry out this section.

(B)The Assistant Secretary, in consultation with the Task Force, shall develop a program of research, technology development, and demonstration for the environmentally sound control of zebra mussels in and around public facilities. The Assistant Secretary shall collect and make available, through publications and other appropriate means, information pertaining to such control methods.

(C)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)

(A)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)There are authorized to be appropriated to the Environmental Protection Agency to carry out this paragraph, $500,000.

(3)

(A)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)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)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)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)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.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 26

Show every defined term

Administrator
means the Administrator of the Environmental Protection Agency.
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;
Assistant Secretary
means the Assistant Secretary of the Army (Civil Works);
ballast water
means any water and associated sediments used to manipulate the trim and stability of a vessel;
coastal zone
has the meaning given the term in section 1453 of this title.
Director
means the Director of the United States Fish and Wildlife Service;
eligible entity
means—
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;
Foundation
means the National Fish and Wildlife Foundation established by section 3701(a) of this title.
Fund
means the Coastal Aquatic Invasive Species Mitigation Fund established by paragraph (3)(A).
Great Lakes
means Lake Ontario, Lake Erie, Lake Huron (including Lake St.
Great Lakes and Lake Champlain Systems
includes—
Great Lakes region
means the 8 States that border on the Great Lakes;
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;
interstate organization
means an entity—
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;
Program
means the Great Lakes and Lake Champlain Invasive Species Program established under paragraph (2)(A).
recreational vessel
has the meaning given that term in section 1362 of title 33;
Secretary
means the Secretary of the department in which the Coast Guard is operating;
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;
Task Force
means the Aquatic Nuisance Species Task Force established under section 4721 of this title;
technologies and practices
means those technologies and practices that—
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;
Under Secretary
means the Under Secretary of Commerce for Oceans and Atmosphere;
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.
waters of the United States
means the navigable waters and the territorial sea of the United States;