16 U.S.C. § 4702 — Definitions

Page 2499 TITLE 16—CONSERVATION § 4702 United States through the unintentional transpor- tation of larvae and adults by vessels operating in in- land waters;’’. Subsec. (a)(4). Pub. 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). Pub. L. 104–182 added par. (5). Subsec. (a)(6) to (15). Pub. L. 104–332, § 2(a)(1)(B)(ii), (C), (D), added pars. (6) to (15). Statutory Notes and Related Subsidiaries SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–332, § 1(a), Oct. 26, 1996, 110 Stat. 4073, pro- vided 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, en- acting 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 TITLE Pub. L. 101–646, title I, § 1001, Nov. 29, 1990, 104 Stat. 4761, as amended by Pub. 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 ‘Non- indigenous Aquatic Nuisance Prevention and Control Act of 1990’.’’ INVASIVE SPECIES IN ALPINE LAKES PILOT PROGRAM Pub. L. 116–260, div. AA, title V, § 507, Dec. 27, 2020, 134 Stat. 2749, as amended by Pub. L. 117–263, div. H, title LXXXI, § 8382(b), Dec. 23, 2022, 136 Stat. 3828; Pub. L. 118–272, div. A, title III, § 1303(b), Jan. 4, 2025, 138 Stat. 3114, 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 de- velop 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. ‘‘(b) PARTNERSHIPS.—The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall offer to enter into a partner- ship 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 au- thorized to be appropriated to carry out the pilot pro- gram $25,000,000 for the period of fiscal years 2022 through 2030.’’ AQUATIC INVASIVE SPECIES PREVENTION Pub. L. 113–121, title I, § 1039(b), June 10, 2014, 128 Stat. 1237, as amended by Pub. 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 SUB-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 Mis- sissippi River and tributaries, including the 6 sub-ba- sins 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 les- sons learned and best practices such as those de- scribed 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 Mis- sissippi River Basin Asian Carp Control Strategy Framework, and the Asian Carp Regional Coordi- nating 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 Re- sources, and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report describing the co- ordinated strategies established and progress made toward the goals of controlling and eliminating Asian carp in the Mississippi River and tributaries, includ- ing the 6 sub-basins of the River. ‘‘(B) CONTENTS.—Each report submitted under sub- paragraph (A) shall include— ‘‘(i) any observed changes in the range of Asian carp in the Mississippi River and tributaries, in- cluding the 6 sub-basins of the River, during the 2- year period preceding submission of the report; ‘‘(ii) a summary of Federal agency efforts, includ- ing cooperative efforts with non-Federal partners, to control the spread of Asian carp in the Mis- sissippi River and tributaries, including the 6 sub- 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 AMENDMENT Pub. L. 104–332, § 3, Oct. 26, 1996, 110 Stat. 4092, pro- vided 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 re- sponsibilities 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 ‘Con- vention’), including the authorities and responsibilities of the Great Lakes Fishery Commission— ‘‘(1) for developing and implementing a comprehen- sive program for eradicating or minimizing popu- lations of sea lamprey in the Great Lakes watershed; and ‘‘(2) carrying out the duties of the Commission specified in the Convention (including any amend- ment thereto) and the Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).’’ REPORT ON ESTABLISHMENT OF PROGRAM Pub. L. 102–567, title II, § 203(b), 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 nonindige- nous aquatic nuisance prevention and control program within the National Oceanic and Atmospheric Adminis- tration and projected funding for such a program for the following five fiscal years.’’ § 4702. Definitions As used in this chapter, the term— Page 2500 TITLE 16—CONSERVATION § 4702 1 So in original. The period probably should be a semicolon. (1) ‘‘aquatic nuisance species’’ means a non- indigenous species that threatens the diver- sity or abundance of native species or the eco- logical stability of infested waters, or com- mercial, agricultural, aquacultural or rec- reational activities dependent on such waters; (2) ‘‘Assistant Secretary’’ means the Assist- ant Secretary of the Army (Civil Works); (3) ‘‘ballast water’’ means any water and as- sociated 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 Ex- clusive 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, ef- forts, actions or programs means methods, ef- forts, actions or programs to prevent introduc- tions or control infestations of aquatic nui- sance 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 Cana- dian Border), and includes all other bodies of water within the drainage basin of such lakes and connecting channels.1 (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 com- munity, including any Alaska Native village or regional corporation (as defined in or estab- lished 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 en- tity— (A) established by— (i) an interstate compact that is ap- proved 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 there- of; or (II) Indian tribes; or (ii) that represents— (I) 1 or more States or political subdivi- sions thereof; and (II) 1 or more Indian tribes; or (iii) that represents the Federal Govern- ment 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 spe- cies 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 oper- ating; (13) ‘‘State’’ means each of the several States, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mar- iana 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 Nui- sance 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 inter- national law, as set forth in Presidential Proc- lamation Number 5928, dated December 27, 1988; (17) ‘‘Under Secretary’’ means the Under Secretary of Commerce for Oceans and Atmos- phere; (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 oc- curs as the result of activities other than the purposeful or intentional introduction of the species involved, such as the transport of non- indigenous 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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, which, to reflect the probable intent of Congress, was translated as reading ‘‘this title’’ mean- ing title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindigenous Aquatic Nuisance Preven- tion and Control Act of 1990, which is classified prin- cipally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 4701 of this title and Tables. Proclamation Number 5030, referred to in par. (5), is set out under section 1453 of this title. The Alaska Native Claims Settlement Act, referred to in par. (9), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. Presidential Proclamation Number 5928, referred to in par. (16), is set out under section 1331 of Title 43. AMENDMENTS 2022—Par. (7). Pub. L. 117–263, § 11327(e)(2), substituted ‘‘Canadian’’ for ‘‘Canandian’’. Page 2501 TITLE 16—CONSERVATION § 4712 Pars. (13) to (19). Pub. L. 117–263, § 11327(a), added pars. (13) and (14) and redesignated former pars. (13) to (17) as (15) to (19), respectively. 1996—Pub. L. 104–332, § 2(h)(1), (3), made technical amendment to Pub. L. 101–646, § 1003, which enacted this section. Par. (1). Pub. L. 104–332, § 2(a)(2)(A), redesignated par. (2) as (1) and struck out former par. (1) which read as follows: ‘‘ ‘appropriate Committees’ means the Com- mittee on Public Works and Transportation and the Committee on Merchant Marine and Fisheries in the House of Representatives and the Committee on Envi- ronment and Public Works and Committee on Com- merce, Science, and Transportation in the Senate; and’’. Par. (2). Pub. L. 104–332, § 2(a)(2)(B), substituted ‘‘ ‘As- sistant Secretary’ means’’ for ‘‘ ‘assistant Secretary’ means’’. Pub. L. 104–332, § 2(a)(2)(A), redesignated par. (3) as (2). Former par. (2) redesignated (1). Pars. (3) to (7). Pub. L. 104–332, § 2(a)(2)(A), redesig- nated pars. (4) to (8) as (3) to (7), respectively. Former par. (3) redesignated (2). Par. (8). Pub. L. 104–332, § 2(a)(2)(D), added par. (8). Pub. L. 104–332, § 2(a)(2)(A), redesignated par. (8) as (7). Pars. (9), (10). Pub. L. 104–332, § 2(a)(2)(D), added pars. (9) and (10). Pub. L. 104–332, § 2(a)(2)(C), redesignated pars. (9) and (10) as (11) and (12), respectively. Pars. (11) to (17). Pub. L. 104–332, § 2(a)(2)(C), redesig- nated pars. (9) to (15) as (11) to (17), respectively. 1992—Par. (1). Pub. L. 102–580 inserted ‘‘the Com- mittee on Public Works and Transportation and’’ after ‘‘means’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SUBCHAPTER II—PREVENTION OF UN- INTENTIONAL INTRODUCTIONS OF NON- INDIGENOUS AQUATIC SPECIES § 4711. Repealed. Pub. L. 115–282, title IX, § 903(a)(2)(A)(i), Dec. 4, 2018, 132 Stat. 4354 Section, Pub. L. 101–646, title I, § 1101, Nov. 29, 1990, 104 Stat. 4763; Pub. L. 102–580, title III, § 302(b)(1), Oct. 31, 1992, 106 Stat. 4839; Pub. L. 102–587, title IV, § 4002, Nov. 4, 1992, 106 Stat. 5068; Pub. L. 104–332, § 2(b)(2), Oct. 26, 1996, 110 Stat. 4075, related to aquatic nuisance spe- cies in waters of United States. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 115–282, title IX, § 903(a)(2)(A), Dec. 4, 2018, 132 Stat. 4354, provided that the repeal of this section by section 903(a)(2)(A) is effective beginning on Dec. 4, 2018. § 4712. National ballast water management infor- mation (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 es- tuarine, marine, and fresh waters of the United States; and (B) to identify areas within the waters of the United States and the exclusive eco- nomic zone, if any, where the exchange of ballast water does not pose a threat of infes- tation 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 de- termine the need for controls on vessels enter- ing waters of the United States, other than the Great Lakes, to minimize the risk of unin- tentional 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 in- troduction of those species through shipping; and (C) the feasibility of implementing re- gional versus national control measures. (b) Ecological and ballast water discharge sur- veys (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 Honolulu Harbor and, as necessary, of other estuaries of national significance and other waters that the Task Force deter- mines— (i) to be highly susceptible to invasion by aquatic nuisance species resulting from ballast water operations and other oper- ations of vessels; and (ii) to require further study. (B) Requirements for surveys In conducting the surveys under this para- graph, the Task Force shall, with respect to each such survey— (i) examine the attributes and patterns of invasions of aquatic nuisance species; and (ii) provide an estimate of the effective- ness of ballast water management and other vessel management guidelines issued and regulations promulgated under this subchapter in abating invasions of aquatic nuisance species in the waters that are the subject of the survey. (2) Ballast water discharge surveys (A) In general The Secretary, in cooperation with the Task Force, shall conduct surveys of ballast