| Section 1: | This act reauthorizes and amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (P.L. 101-646). |
| Section 1002: | Findings and Purposes. Nonindigenous invasive species have become established throughout the waters of the U.S. and are causing economic and ecological degradation to the affected near shore regions. Zebra mussels are present in the Great Lakes and inland waters including the Mississippi drainage, Arkansas River, Hudson River, and Lake Champlain. Other exotic species infestations, such as the mitten crab, brown mussel, ruffe, Eurasian watermilfoil, and hydrilla, occur throughout waters of the U.S. If preventive measures are not taken nationwide, introduction and spread of aquatic nuisance species will continue in marine and fresh waters of the U.S. |
| Section 1101: | Aquatic Nuisance Species in the Waters of the United States. The Act
reauthorizes the Great Lakes ballast management program and expands applicability to
vessels with ballast tanks (as opposed to vessels which carry ballast water). The
Secretary of Transportation shall develop national guidelines to prevent the introduction
and spread of nonindigenous species into U.S. waters via ballast water of commercial
vessels. The primary means of prevention is exchange of ballast water on the high seas.
The guidelines apply to vessels equipped with ballast water tanks and directs vessels that
enter U.S. waters after operating beyond the exclusive economic zone to undertake ballast
exchange in the high seas. The Secretary shall establish record keeping and reporting
procedures and sampling techniques, based upon the best science available, to monitor
compliance. A vessel is not required to conduct a ballast water exchange if the master
decides that the exchange threatens the safety or stability of the vessel, its crew, or
its passengers. National Ballast Water Management Information. The Task Force and the Secretary of Transportation shall conduct ecological and ballast discharge surveys in waters highly susceptible to invasion or requiring further study. Ecological surveys (Department of Interior authorized $1 million/year for 6 years) will examine attributes and patterns of nonindigenous species invasions and the effectiveness of ballast management and the guidelines used in abating the invasions. The rate of ballast discharge, types of ballast practices, and effectiveness of the guidelines developed under this section also will be examined in these waters in a ballast discharge survey (Department of Transportation authorized $1 million/year for 6 years). Compliance with and effectiveness of the guidelines will be reviewed periodically by the Secretary of Transportation. The Secretary shall submit a report on its findings to Congress within 30 months of issuing the guidelines. If the review reveals compliance or reporting inadequacies, the Secretary may promulgate region-specific regulations to enforce the voluntary guidelines 6 months after issuing the report to Congress. The Secretary shall revise the regulations in order to be consistent with any international measure agreed to by the United States. The Secretary shall ensure that U.S. and foreign flag vessels receive equal treatment under the Act. In developing guidelines, the Secretary of Transportation should consult and negotiate with foreign governments, such as Canada and Mexico. Further, other agencies, such as APHIS, should be utilized to streamline reporting to the extent practicable. The Secretary of Transportation in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, affected shoreside ballast water facility operators, affected crude oil tanker operators, and interested parties shall study the effectiveness of the shoreside ballast water facility in Alaska in preventing the introduction of nonindigenous aquatic species. In addition, the cost and feasibility of modifying the facility to improve its effectiveness will be studied. The Department of Transportation is authorized $2 million for fiscal years 1997 and 1998, and $3 million for each of fiscal years 1999-2002 to implement the ballast management programs. |
| Section 1102: | National Ballast Water Management Information. The Task Force and the Secretary
of Transportation shall conduct ecological and ballast discharge surveys in waters highly
susceptible to invasion or requiring further study. Ecological surveys (Department of
Interior authorized $1 million/year for 6 years) will examine attributes and patterns of
nonindigenous species invasions and the effectiveness of ballast management and the
guidelines used in abating the invasions. The rate of ballast discharge, types of ballast
practices, and effectiveness of the guidelines developed under this section also will be
examined in these waters in a ballast discharge survey (Department of Transportation
authorized $1 million/year for 6 years). Regional research grants may be made available by the Under Secretary of Commerce to fund research on aquatic nuisance species prevention and control in the Chesapeake Bay, Gulf of Mexico, Pacific Coast, Atlantic Coast, and the San Francisco Bay-Delta Estuary (Fish and Wildlife is authorized $3 million/year for 6 years). The Secretary of Transportation, in consultation and cooperation with the Task Force and the Smithsonian Institution, shall develop and maintain a clearinghouse of national data on ballasting practices, compliance with the national ballast management guidelines, and other information. A report synthesizing and analyzing the data collected shall be prepared by the Secretary and submitted to the Task Force and Congress on a biannual basis. The Department of Transportation is authorized $0.5 million/year for 6 years for the clearinghouse. |
| Section 1103: | Armed Services Ballast Water Program. The Secretary of Defense shall implement a ballast water management program for seagoing vessels of the Department of Defense. The Secretary of Transportation shall implement a ballast water management program for seagoing vessels of the Coast Guard. |
| Section 1104: | Ballast Water Management Demonstration Program. The Secretary of the Interior and the Secretary of Commerce, with the concurrence of and in cooperation with the Secretary of Transportation, are instructed to undertake a demonstration of technologies and practices which may prevent introduction and spread of nonindigenous species through ballast discharge. The demonstration program is authorized at $2.5 million over 3 years. Installation and construction of technologies will occur in the U.S. Currently active vessels with ballast systems in common usage documented under U.S. law are eligible to participate in demonstrations. Priority in selecting technologies and practices to demonstrate shall be given to those identified as promising in a NRC Marine Board study. The results of the demonstration project shall be presented to Congress within 3 years. |
| Section 1201: | Establishment of Task Force. The Chesapeake Bay Program and the San Francisco Bay-Delta Estuary Program shall have official designees on the Aquatic Nuisance Species Task Force. |
| Section 1202: | Aquatic Nuisance Species Program. The Secretary of Transportation shall issue
guidelines developed by the Task Force to control the spread of zebra mussels and other
aquatic nuisance species via recreational activities, such as boating and fishing, within
1 year. The EPA is authorized $500,000 over 6 years for research grants to identify methods for controlling the dispersal and spread of invading species. The Department of the Army is authorized to receive $750,000 over 6 years to identify methods for preventing and reducing the dispersal of nonindigenous species through the Chicago Shipping and Sanitary Canal into the Mississippi River drainage. |
| Section 1203: | Regional Coordination. Regional panels are encouraged to form and participate in activities to control introduction of aquatic nuisance species. A Western Regional Panel will identify priorities and make recommendations on an education, monitoring, prevention and control program to prevent the spread of aquatic nuisance species to the Western region. The Department of the Interior is authorized to receive $0.3 million/year for 6 years to fund regional panels. |
| Section 1204: | State or Interstate Invasive Species Management Plans. Invasive species management plans may be prepared by state, interstate, or Indian tribal governments for technical, enforcement, or financial assistance to reduce the risk of nonindigenous species invasions. The Department of Interior is authorized to receive $4 million/year for 6 years for state management plans. |
Total costs of NANPCA 1990 = averaged $30,075,000 per year over 5 years
Total cost of NISA 1996 (includes reauthorization of NANPCA 1990) = averaged $29,895,000
per year over 6 years
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01 April 2001
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