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U.S. Code as of:
01/19/04
Section 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 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 (!1) 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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