Pub.L. 104-333 To provide for the administration of certain Presidio properties at minimal cost to <> the Federal taxpayer, and for other purposes. ...

	Web GovRecords.org

<DOC>



[[Page 110 STAT. 4073]]

Public Law 104-332
104th Congress

                                 An Act


 
To provide for ballast water management to prevent the introduction and 
 spread of nonindigenous species into the waters of the United States, 
     and for other purposes. <<NOTE: Oct. 26, 1996 -  [H.R. 4283]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: National 
Invasive Species Act of 1996. Environmental protection. Maritime 
affairs.>> 

SECTION 1. SHORT TITLE; REFERENCES.

<<NOTE: 16 USC 4701 note.>>     (a) In General.--This Act may be cited 
as the ``National Invasive Species Act of 1996''.

    (b) References.--Whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to or repeal of a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4701 et seq.).

SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND 
            CONTROL ACT OF 1990.

    (a) Findings; Definitions.--
            (1) Findings.--Section 1002(a) (16 U.S.C. 4701(a)) is 
        amended--
                    (A) by striking paragraphs (2) and (3) and inserting 
                the following new paragraphs:
            ``(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;'';
                    (B) in paragraph (4)--
                          (i) by inserting ``by the zebra mussel and 
                      ruffe, round goby, and other nonindigenous 
                      species'' after ``other species''; and
                          (ii) by striking ``and'' at the end;
                    (C) in paragraph (5), by striking the period and 
                inserting a semicolon; and
                    (D) by adding at the end the following new 
                paragraphs:

[[Page 110 STAT. 4074]]

            ``(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 the 
        date of enactment of the National Invasive Species Act of 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.''.
            (2) Definitions.--Section 1003 (16 U.S.C. 4702) is 
        amended--

[[Page 110 STAT. 4075]]

                    (A) by striking paragraph (1) and redesignating 
                paragraphs (2) through (8) as paragraphs (1) through 
                (7), respectively;
                    (B) in paragraph (2), as redesignated by 
                subparagraph (A) of this paragraph, by striking 
                ``assistant Secretary'' and inserting ``Assistant 
                Secretary'';
                    (C) by redesignating paragraphs (9) through (15) as 
                paragraphs (11) through (17), respectively; and
                    (D) by inserting after paragraph (7), as 
                redesignated by subparagraph (A) of this paragraph, the 
                following:
            ``(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;''.

    (b) Aquatic Nuisance Species Control Program.--
            (1) Amendment to heading.--The heading to subtitle B (16 
        U.S.C. 4711 et seq.) is amended to read as follows:

``Subtitle B--Prevention of Unintentional Introductions of Nonindigenous 
                           Aquatic Species''.

            (2) Aquatic nuisance species.--Section 1101 (16 U.S.C. 4711) 
        is amended to read as follows:

``SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.

    ``(a) Great Lakes Guidelines.--
            ``(1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary shall issue voluntary 
        guidelines to prevent the introduction and spread of aquatic

[[Page 110 STAT. 4076]]

        nuisance species into the Great Lakes through the exchange of 
        ballast water of vessels prior to entering those waters.
            ``(2) Content of guidelines.--The guidelines issued under 
        this subsection shall--
                    ``(A) ensure to the maximum extent practicable that 
                ballast water containing aquatic nuisance species is not 
                discharged into the Great Lakes;
                    ``(B) protect the safety of--
                          ``(i) each vessel; and
                          ``(ii) the crew and passengers of each vessel;
                    ``(C) take into consideration different vessel 
                operating conditions; and
                    ``(D) be based on the best scientific information 
                available.

    ``(b) Regulations.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Task Force, shall issue regulations to prevent the introduction 
        and spread of aquatic nuisance species into the Great Lakes 
        through the ballast water of vessels.
            ``(2) Content of regulations.--The regulations issued under 
        this subsection shall--
                    ``(A) apply to all vessels equipped with ballast 
                water tanks that enter a United States port on the Great 
                Lakes after operating on the waters beyond the exclusive 
                economic zone;
                    ``(B) require a vessel to--
                          ``(i) carry out exchange of ballast water on 
                      the waters beyond the exclusive economic zone 
                      prior to entry into any port within the Great 
                      Lakes;
                          ``(ii) carry out an exchange of ballast water 
                      in other waters where the exchange does not pose a 
                      threat of infestation or spread of aquatic 
                      nuisance species in the Great Lakes and other 
                      waters of the United States, as recommended by the 
                      Task Force under 
                      section 1102(a)(1); or
                          ``(iii) use environmentally sound alternative 
                      ballast water management methods if the Secretary 
                      determines that such alternative methods are as 
                      effective as ballast water exchange in preventing 
                      and controlling infestations of aquatic nuisance 
                      species;
                    ``(C) not affect or supersede any requirements or 
                prohibitions pertaining to the discharge of ballast 
                water into waters of the United States under the Federal 
                Water Pollution Control Act (33 U.S.C. 1251 et seq.);
                    ``(D) provide for sampling procedures to monitor 
                compliance with the requirements of the regulations;
                    ``(E) prohibit the operation of a vessel in the 
                Great Lakes if the master of the vessel has not 
                certified to the Secretary or the Secretary's designee 
                by not later than the departure of that vessel from the 
                first lock in the St. Lawrence Seaway that the vessel 
                has complied with the requirements of the regulations;
                    ``(F) protect the safety of--
                          ``(i) each vessel; and
                          ``(ii) the crew and passengers of each vessel;

[[Page 110 STAT. 4077]]

                    ``(G) take into consideration different operating 
                conditions; and
                    ``(H) be based on the best scientific information 
                available.
            ``(3) Additional regulations.--In addition to 
        promulgating regulations under paragraph (1), the Secretary, in 
        consultation with the Task Force, shall, not later than November 
        4, 1994, issue regulations to prevent the introduction and 
        spread of aquatic nuisance species into the Great Lakes through 
        ballast water carried on vessels that enter a 
        United States port on the Hudson River north of the George 
        Washington Bridge.
            ``(4) Education and technical assistance programs.--The 
        Secretary may carry out education and technical assistance 
        programs and other measures to promote compliance with the 
        regulations issued under this subsection.

    ``(c) Voluntary National Guidelines.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the National Invasive Species Act of 1996, and 
        after providing notice and an opportunity for public comment, 
        the Secretary shall issue voluntary guidelines to prevent the 
        introduction and spread of nonindigenous species in waters of 
        the United States by ballast water operations and other 
        operations of vessels equipped with ballast water tanks.
            ``(2) Content of guidelines.--The voluntary guidelines 
        issued under this subsection shall--
                    ``(A) ensure to the maximum extent practicable that 
                aquatic nuisance species are not discharged into waters 
                of the United States from vessels;
                    ``(B) apply to all vessels equipped with ballast 
                water tanks that operate in waters of the United States;
                    ``(C) protect the safety of--
                          ``(i) each vessel; and
                          ``(ii) the crew and passengers of each vessel;
                    ``(D) direct a vessel that is carrying ballast water 
                into waters of the United States after operating beyond 
                the exclusive economic zone to--
                          ``(i) carry out the exchange of ballast water 
                      of the vessel in waters beyond the exclusive 
                      economic zone;
                          ``(ii) exchange the ballast water of the 
                      vessel in other waters where the exchange does not 
                      pose a threat of infestation or spread of 
                      nonindigenous species in waters of the United 
                      States, as recommended by the Task Force under 
                      section 1102(a)(1); or

Other Popular 104th Congressional Public Laws Documents:

Other Documents:

104th Congressional Public Laws Records and Documents