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16 U.S.C. § 4701 — Findings and purposes

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4701 — Findings and purposes

**(a) Findings** The 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

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Stable record: federal_law:legal_authorities:record_usc_7fbb3cbf516dda4018029263
Source file: Laws/federal/codes/united-states-code/title-16/section-4701-findings-and-purposes--b3edfa6044.md
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Source location: Title 16, Chapter 67, § 4701; chapter-067-aquatic-nuisance-prevention-and-control.md

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**(a) Findings** The 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) Purposes** The 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.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 42 — Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations

**(a)** (1) The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called “flying foxes” or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; of the quagga mussel of the species Dreissena rostriformis or Dreissena bugensis; of the bighead carp of the species Hypophthalmichthys nobilis; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act,11 See References in Text note below. insofar as such importation is subject to regulation under that Act. (2) As used in this subsection, the term “wild” relates to any cr

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2701 — Definitions

For the purposes of this Act, the term— (1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight; (2) “barrel” means 42 United States gallons at 60 degrees fahrenheit; (3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident; (4) “claimant” means any person or government who presents a claim for compensation under this subchapter; (5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages; (6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4); (7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; (9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 931 — Definitions

As used in this chapter, the term— **(a)** “Convention” means the Convention on Great Lakes Fisheries between the United States of America and Canada signed at Washington, September 10, 1954; **(b)** “Commission” means the Great Lakes Fishery Commission provided for by article II of the convention; **(c)** “United States Section” means the United States Commissioners on the Commission; **(d)** “Great Lakes State” means any of the following States: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin; **(e)** “Great Lakes” means any of the following bodies of water: Lake Ontario (including the Saint Lawrence River from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, or Lake Superior.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 941 — Findings

Congress finds that— (1) the Great Lakes have fish and wildlife communities that are structurally and functionally changing; (2) successful fish and wildlife management focuses on the lakes as ecosystems, and effective management requires the coordination and integration of efforts of many partners; (3) additional actions and better coordination are needed to protect and effectively manage the fish and wildlife resources, and the habitats on which the resources depend, in the Great Lakes Basin; and (4) this chapter allows Federal agencies, States, and Indian tribes to work in an effective partnership by providing the funding for restoration work.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2761 — Oil pollution research and development program

**(a) Definitions** In this section— (1) the term “Chair” means the Chairperson of the Interagency Committee designated under subsection (c)(2); (2) the term “Commandant” means the Commandant of the Coast Guard; (3) the term “institution of higher education” means an institution of higher education, as defined in [section 1001(a) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim); (4) the term “Interagency Committee” means the Interagency Coordinating Committee on Oil Pollution Research established under subsection (b); (5) the term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere; and (6) the term “Vice Chair” means the Vice Chairperson of the Interagency Committee designated under subsection (c)(3). **(b) Establishment of Interagency Coordinating Committee on Oil Pollution Research** (1) **Establishment** — There is established an Interagency Coordinating Committee on Oil Pollution Research. (2) **Purpose** — The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research. **(c) Membership** (1) **Composition** — The Interagency Committee shall be composed of— (A) at least 1 representative of the Coast Guard; (B) at least 1 representative of the National Oceanic and Atmospheric Administration; (C) at least 1 representative of the Environmental Protection Agency; (D) at least 1 representative o

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4702 — Definitions

As 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.11 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 Nati

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4712 — National ballast water management information

**(a) Studies on introduction of aquatic nuisance species by vessels** (1) **Ballast exchange study** — The Task Force, in cooperation with the Secretary, shall conduct a study— (A) to assess the environmental effects of ballast water exchange on the diversity and abundance of native species in receiving estuarine, marine, and fresh waters of the United States; and (B) to identify areas within the waters of the United States and the exclusive economic zone, if any, where the exchange of ballast water does not pose a threat of infestation or spread of aquatic nuisance species in the Great Lakes and other waters of the United States. (2) **Biological study** — The Task Force, in cooperation with the Secretary, shall conduct a study to determine whether aquatic nuisance species threaten the ecological characteristics and economic uses of Lake Champlain and other waters of the United States other than the Great Lakes. (3) **Shipping study** — The Secretary shall conduct a study to determine the need for controls on vessels entering waters of the United States, other than the Great Lakes, to minimize the risk of unintentional introduction and dispersal of aquatic nuisance species in those waters. The study shall include an examination of— (A) the degree to which shipping may be a major pathway of transmission of aquatic nuisance species in those waters; (B) possible alternatives for controlling introduction of those species through shipping; and (C) the feasibility of implementing regional versus national control measures. **(b) Ecological and ballast water discharge surveys** (1) **Ecological surveys** (A) *In general* — The Task Force, in cooperation with the Secretary, shall conduct ecological surveys of the Chesapeake Bay, San Francisco Bay, and Ho

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4722 — Aquatic nuisance species program

**(a) In general** 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. **(b) Content** The program developed under subsection (a) shall— (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; (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; (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. **(c) Prevention** (1) **In general** — The Task Force shall establish and implement measures, within the program developed under subsection (a), to minimize the risk of introduction of aquatic nuisance species to waters of the United States, including— (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 (C) evaluation of whether measures to prevent introductions of aquatic

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4723 — Regional coordination

**(a) Great Lakes panel** (1) **In general** — Not later than 30 days following November 29, 1990, the Task Force shall request that the Great Lakes Commission (established under Article IV of the Great Lakes Compact to which the Congress granted consent in the Act of July 24, 1968, P.L. 90–419) convene a panel of Great Lakes region representatives from Federal, State and local agencies and from private environmental and commercial interests to— (A) identify priorities for the Great Lakes region with respect to aquatic nuisance species; (B) make recommendations to the Task Force regarding programs to carry out [section 4722(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4722/i&num=0&edition=prelim); (C) assist the Task Force in coordinating Federal aquatic nuisance species program activities in the Great Lakes region; (D) coordinate, where possible, aquatic nuisance species program activities in the Great Lakes region that are not conducted pursuant to this chapter; (E) provide advice to public and private individuals and entities concerning methods of controlling aquatic nuisance species; and (F) submit annually a report to the Task Force describing activities within the Great Lakes region related to aquatic nuisance species prevention, research, and control. (2) **Consultation** — The Task Force shall request that the Great Lakes Fishery Commission provide information to the panel convened under this subsection on technical and policy matters related to the international fishery resources of the Great Lakes. (3) **Canadian participation** — The panel convened under this subsection is encouraged to invite representatives from the Federal, provincial or territorial governments of Canada to participate a

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4725 — Relationship to other laws

**(a) Consistency with environmental laws** All actions taken by Federal agencies in implementing the provisions of [section 4722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4722&num=0&edition=prelim) shall be consistent with all applicable Federal, State, and local environmental laws. **(b) Effect of chapter** (1) **In general** — Except as provided in paragraph (2), nothing in this chapter shall affect the authority of any State or political subdivision thereof to adopt or enforce control measures for aquatic nuisance species, or diminish or affect the jurisdiction of any State over species of fish and wildlife. (2) **Exception** — Any discharge incidental to the normal operation of a vessel, including any discharge of ballast water (as those terms are defined in subsections (a) and (p)(1) of [section 1322 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1322&num=0&edition=prelim)), shall be regulated in accordance with that section. **(c) Effect of compliance** Compliance with the control and eradication measures of any State or political subdivision thereof regarding aquatic nuisance species shall not relieve any person of the obligation to comply with the provisions of this subchapter.

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