II
109th CONGRESS
1st Session
S. 770
IN THE SENATE OF THE UNITED STATES
April 13, 2005
Mr. Levin (for himself, Ms. Collins, Mr. Jeffords, Ms. Stabenow, Mr. DeWine, Mr. Bayh, Mr. Dayton, Mr. Leahy, Mr. Kennedy, Mr. Reed, Mr. Lautenberg, Mr. Warner, and Mr. Akaka) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to reauthorize and improve that Act.
Short title; table of contents
Short title
This Act may be cited as the National Aquatic Invasive Species Act of
2005
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—Prevention of introduction of aquatic Invasive Species into waters of the United States by vessels
Sec. 101. Prevention of introduction of aquatic invasive species into waters of the United States by vessels.
Sec. 102. Armed services whole vessel management program.
TITLE II—Prevention of introduction of aquatic Invasive Species by other pathways
Sec. 201. Priority pathway management program.
Sec. 202. Screening process for planned importations of live aquatic organisms.
TITLE III—Early detection; rapid response; control and outreach
Sec. 301. Early detection.
Sec. 302. Rapid response.
Sec. 303. Dispersal barriers.
Sec. 304. Environmental soundness.
Sec. 305. Information, education, and outreach.
TITLE IV—Aquatic Invasive Species research
Sec. 401. Ecological, pathway, and experimental research.
Sec. 402. Analysis.
Sec. 403. Vessel pathway standards research.
Sec. 404. Graduate education in systematics and taxonomy.
TITLE V—Coordination
Sec. 501. Program coordination.
Sec. 502. International coordination.
TITLE VI—Authorization of appropriations
Sec. 601. Authorization of appropriations.
TITLE VII—Conforming amendments
Sec. 701. Conforming amendments.
Findings
Congress finds that—
aquatic invasive species are second only to habitat destruction as a cause of permanent losses in biological diversity of aquatic ecosystems of the United States;
aquatic invasive species continue to be introduced into waters of the United States at an unacceptable rate;
aquatic invasive species damage infrastructure, disrupt commerce, out compete native species, reduce biodiversity, and threaten human health;
the direct and indirect costs of aquatic invasive species to the economy of the United States amount to billions of dollars per year;
in the Great Lakes region, approximately $3,000,000,000 has been spent in the past 10 years to mitigate the damage caused by a single invasive species, the zebra mussel;
wetlands suffer compound impacts from—
aquatic infestations (such as Hydrilla); and
riparian infestations (such as Purple Loosestrife);
prevention of aquatic invasive species is the most environmentally sound and cost-effective management approach because once established, aquatic invasive species are costly, and sometimes impossible to control;
to be effective, the prevention, early detection, and control of and rapid response to aquatic invasive species should be coordinated regionally, nationally, and internationally;
pathway management is the most promising approach to reducing unplanned introductions of aquatic invasive species;
consistent national screening criteria are needed to evaluate the potential risk of nonindigenous aquatic species;
States and regions have—
unique vulnerabilities with respect to aquatic invasive species; and
unique means for addressing aquatic invasive species;
to accurately identify and manage high risk pathways, it is essential to carry out a comprehensive research program that—
monitors pathways and ecosystems to detect the establishment and spread of invasive species;
develops and demonstrates effective methods for the management and control of invasive species; and
monitors the success of efforts to prevent and control invasive species; and
it is in the interest of the United States to—
carry out a comprehensive and thorough program to research, prevent, manage, and control the introduction of aquatic species that may become invasive; and
to the maximum extent practicable, coordinate the program described in subparagraph (A) with neighboring nations and other programs being carried out globally.
Definitions
Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is amended to read as follows:
Definitions
In this Act:
Administrator
The term Administrator means the Administrator of the Environmental Protection Agency.
Aquatic ecosystems
The term aquatic ecosystems means freshwater, marine, and estuarine environments (including inland waters and wetlands), located wholly in the United States.
Assistant secretary
The term Assistant Secretary means the Assistant Secretary of the Army for Civil Works.
Ballast water
The term ballast water means any water (with its suspended matter) used to maintain the trim and stability of a vessel.
Best performing treatment technology
The term best performing treatment technology means the ballast water treatment technology that is, as determined by the Secretary—
the most biologically effective;
the most environmentally sound; and
suitable, available, and economically practicable.
Coastal voyage
The term coastal voyage means a voyage conducted entirely within the exclusive economic zone.
Director
The term Director means the Director of the United States Fish and Wildlife Service.
Environmentally sound
The term environmentally sound, refers to an activity that prevents or reduces introductions, or controls infestations, of aquatic invasive species in a manner that minimizes adverse effects on—
the structure and function of an ecosystem; and
nontarget organisms and ecosystems.
Exclusive economic zone
The term exclusive economic zone means the area comprised of—
the Exclusive Economic Zone of the United States established by Proclamation Number 5030, dated March 10, 1983; and
the equivalent zones of Canada and Mexico.
Existing vessel
The term existing vessel means any vessel that enters service on or before December 31, 2007.
Great lakes
The term Great Lakes means—
Lake Erie;
Lake Huron (including Lake Saint Clair);
Lake Michigan;
Lake Ontario;
Lake Superior;
the connecting channels of those Lakes, including—
the Saint Mary’s River;
the Saint Clair River;
the Detroit River;
the Niagara River; and
the Saint Lawrence River to the Canadian border; and
any other body of water located within the drainage basin of a Lake, River, or connecting channel described in any of subparagraphs (A) through (F).
Great lakes region
The term Great Lakes region means the region comprised of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
Indian tribe
The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
Interbasin waterway
The term interbasin waterway means a waterway that connects 2 distinct water basins.
International joint commission
The term International Joint Commission means the commission established by article VII of the Treaty relating to boundary waters and questions arising along the boundary between the United States and Canada, signed at Washington on January 11, 1909 (36 Stat. 2448; TS 548).
Introduction
The term introduction means the transfer of an organism to an ecosystem outside the historic range of the species of which the organism is a member.
Invasion
The term invasion means an infestation of an aquatic invasive species.
Invasive species
The term invasive species means a nonindigenous species the introduction of which into an ecosystem may cause harm to the economy, environment, human health, recreation, or public welfare.
Invasive species council
The term Invasive Species Council means the interagency council established by section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note).
New vessel
The term new vessel means any vessel that enters service on or after January 1, 2008.
Nonindigenous species
The term nonindigenous species means any species in an ecosystem the range of which exceeds the historic range of the species in that ecosystem.
Organism transfer
The term organism transfer means the movement of an organism of any species from 1 ecosystem to another ecosystem outside the historic range of the species.
Pathway
The term pathway means 1 or more vectors by which an invasive species is transferred from 1 ecosystem to another.
Planned importation
The term planned importation means the purposeful movement of 1 or more nonindigenous organisms for use in the territorial limits of the United States.
Regional panel
The term regional panel means a panel convened in accordance with section 1203.
Secretary
The term Secretary means the Secretary of Homeland Security.
Species
The term species means any fundamental category of taxonomic classification, or any viable biological material, ranking below a genus or subgenus.
Species in trade
The term species in trade means a species that has a documented history of being commercially imported into the United States in the period beginning on January 1, 1990, and ending on January 1, 2002.
Task force
The term Task Force means the Aquatic Nuisance Species Task Force established by section 1201(a).
Territorial sea
The term territorial sea means the belt of the sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988.
Treatment
The term treatment means a mechanical, physical, chemical, biological, or other process or method of killing, removing, or rendering inviable organisms.
Type approval
The term type approval means an approval procedure under which a type of system is initially certified as meeting a standard established by law (including a regulation) for a particular application if the system is operated correctly.
Under secretary
The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere.
Undesirable impact
The term undesirable impact means economic, human health, aesthetic, or environmental degradation that is not necessary for, and is not clearly outweighed by, public health, environmental, or welfare benefits.
Waters of the united states
In general
The term waters of the United States means the navigable waters and territorial sea of the United States.
Inclusion
The term waters of the United States includes the Great Lakes.
.
Prevention of introduction of aquatic Invasive Species into waters of the United States by vessels
Prevention of introduction of aquatic Invasive Species into waters of the United States by vessels
In general
Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read as follows:
Prevention of introduction of aquatic Invasive Species into waters of the United States by vessels
Requirements for vessels operating in waters of the United States
Invasive Species management plan
In general
Effective beginning on the date that is 180 days after the issuance of guidelines pursuant to subparagraph (D) and promulgation of any regulations under this section, each vessel that is equipped with a ballast tank, and any towed vessel or structure, operating in waters of the United States shall have in effect, and have available for inspection, an aquatic invasive species management plan that prescribes safe and effective means by which the master of the vessel shall minimize introductions and transfers of invasive species by any part of the vessel, pursuant to the guidelines or regulations applicable to that vessel.
Specificity
The management plan shall be specific to the vessel (or group of vessels with characteristics similar to that of the vessel, as determined by the Secretary).
Requirements
The management plan shall include, at a minimum, such information as is requested by the Secretary pursuant to subparagraph (D), including—
operational requirements to safely and effectively comply with the applicable ballast water management requirements under paragraph (4);
operational requirements to safely and effectively carry out any actions consistent with a rapid response contingency strategy required by States and approved by the Secretary under section 1211;
at the discretion of the Secretary, other operational requirements that are specified in guidelines adopted by the International Maritime Organization;
a description of all reporting requirements and a copy of each form necessary to meet those requirements;
the position of the officer responsible for implementation of ballast water management and reporting procedures on board;
documents relevant to aquatic invasive species management equipment or procedures;
a description of the location of access points for sampling ballast or sediments pursuant to paragraph (3)(B)(vi);
a description of requirements relating to compliance with any approved rapid response strategy relevant to the voyage of the vessel;
a contingency strategy applicable under section 1211, if appropriate; and
such requirements described in subsection (b) as are applicable to the vessel.
Guidelines
Not later than 18 months after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Secretary shall issue final guidelines for the development of invasive species management plans, including guidelines that—
identify types of vessels for which plans are required;
establish processes for updating and revising the plans; and
establish criteria for compliance with this subsection.
Records
The master of a vessel shall—
maintain records of all ballast operations, for such period of time and including such information as the Secretary may specify;
permit inspection of the records by representatives of the Secretary and of the State in which the port is located; and
transmit records to the National Ballast Information Clearinghouse established under section 1102(f).
Best management practices
In general
Not later than 18 months after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Secretary shall issue guidelines on best management practices to eliminate or minimize and monitor organism transfer by vessels.
Practices to be included
The best management practices shall include—
sediment management in transoceanic vessels;
minimization of ballast water uptake in areas in which there is a greater risk of harmful organisms entering ballast tanks (such as areas with toxic algal blooms or known outbreaks of aquatic invasive species);
avoidance of unnecessary discharge of ballast water in a port that was taken up in another port;
to the maximum extent practicable, collection and the proper disposal of debris from the cleaning of the hull;
proper use of anti-fouling coating; and
provision of sample access ports in ballast piping for sampling of ballast intake and discharge.
Ballast water management
In general
Effective beginning on the date that is 180 days after the Secretary promulgates regulations pursuant to subsection (d), and except as provided in subparagraph (B), each vessel equipped with a ballast water tank that enters a United States port shall comply with the regulations relating to ballast water management.
Exceptions
Vessels operating entirely within exclusive economic zone
Beginning on December 31, 2011, a vessel equipped with a ballast tank, and any towed vessel or structure, that operates entirely within the exclusive economic zone shall comply with the regulations described in subsection (b)(3).
Vessels operating in enclosed aquatic ecosystems
In general
Subject to subclause (II), an existing vessel equipped with a ballast tank, and any towed vessel or structure, that operates exclusively in the upper 4 Great Lakes (Lake Superior, Lake Michigan, Lake Huron, and Lake Erie, and the connecting channels), or in another enclosed aquatic ecosystem shall not be required to comply with the regulations described in subsection (b)(1).
Additional enclosed aquatic ecosystems
The Administrator and the Under Secretary, in consultation with regional panels of the Task Force, may determine additional enclosed aquatic ecosystems in which the potential for movement of organisms by natural and anthropogenic means is not significantly altered by the movement of the vessels equipped with ballast tanks.
Invasive species management regulations and certification procedures
Regulations
Not later than 18 months after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Secretary, with the concurrence of the Administrator and in consultation with the Task Force, shall promulgate final regulations establishing performance requirements for vessels to reduce or eliminate introduction by the vessels of invasive species to waters of the United States, including—
ballast water management operations (including relevant contingency procedures in instances in which a safety exemption is used pursuant to subsection (j)); and
management of other vessel pathways, including the hull and sea chest of a vessel.
Ballast water exchange
The regulations promulgated pursuant to paragraph (1)—
shall apply only to existing vessels;
shall expire not later than December 31, 2011; and
shall include—
a provision for ballast water exchange that requires—
at least 1 empty-and-refill cycle, on the high sea or in an alternative exchange area designated by the Secretary, of each ballast tank that contains ballast water to be discharged into waters of the United States; or
for a case in which the master of a vessel determines that compliance with the requirement under subclause (I) is impracticable, a sufficient number of flow-through exchanges of ballast water, on the high sea or in an alternative exchange area designated by the Secretary, to achieve replacement of at least 95 percent of ballast water in ballast tanks of the vessel, as determined by a certification dye study conducted or model developed in accordance with protocols developed under paragraph (5)(B) and recorded in the management plan of a vessel pursuant to subsection (a)(1)(C)(i); and
if a ballast water exchange is not undertaken pursuant to subsection (j), a contingency procedure that requires the master of a vessel to use the best practicable technology or practice to treat ballast discharge.
Ballast water treatment
In general
The regulations promulgated pursuant to paragraph (1) shall—
establish a numeric ballast water discharge standard at a level that ensures that there is no measurable risk that any viable organisms of nonindigenous species entrained in ballast water that meets the standard will be established in waters of the United States; and
require that a vessel discharge ballast water the characteristics of which are consistent with clause (i), unless no technology exists to enable a vessel to discharge such ballast water.
Best performing treatment
If no technology exists to enable a vessel to discharge ballast water in accordance with the discharge standard established under subparagraph (A)(i), the regulations promulgated pursuant to paragraph (1) shall require the vessel to discharge ballast water that—
has been treated with the best performing treatment technology; and
for existing vessels, has a concentration of viable biological material that contains 99 percent fewer near-coastal plankton than the concentration of viable biological material of the intake water of the vessel, as estimated under the certification process described in paragraph (5)(C); or
for new vessels, has a concentration of viable biological material that contains 99.9 percent fewer near-coastal plankton than the concentration of viable biological material of the intake water of the vessel, as estimated under the certification process described in paragraph (5)(C).
Review and revision
The Secretary, with the concurrence of the Administrator, shall review and revise—
not less frequently than every 3 years, any determination relating to best performing treatment technology under paragraph (3)(B)(i); and
not less frequently than every 6 years, the regulations promulgated pursuant to paragraph (1).
Certification of treatments and practices
In general
Not later than the date on which regulations are promulgated pursuant to paragraphs (2) and (3), the Secretary shall, with the concurrence of the Administrator, promulgate regulations for—
the certification of treatments or practices the performances of which comply with the regulations; and
on-going enforcement of the effective use of the certified treatments or practices.
Certification of ballast water exchange procedures
The certification of ballast water exchange procedures in compliance with the regulations promulgated pursuant to paragraph (2) shall be based on a qualified type-approval process, including a protocol involving dye studies or models detailing flow dynamics of a vessel or class of vessels described in paragraph (2)(A)(ii) for demonstrating the number of flow-through exchanges necessary for such a vessel to meet the percentage purge requirements associated with the flow-through technique for ballast water exchange.
Certification of all other ballast water discharge
The certification of treatments in compliance with the regulations promulgated pursuant to paragraph (1)(B) shall be based on a qualified type-approval process that—
is capable of estimating the extent to which ballast water discharge treated by a ballast water treatment system is likely to comply with applicable standards, including any restrictions relating to—
biological, chemical, or physical conditions of water taken into ballast; and
conditions encountered during a voyage;
is capable of determining the extent to which a ballast water treatment method—
is environmentally sound, based on criteria promulgated by the Administrator under paragraph (8)(A); and
is safe for vessel and crew;
may be used in estimating the expected useful life of the ballast water treatment system, as determined on the basis of voyage patterns and normal use conditions;
includes a ship-boarding testing component (and may include a shore-based testing component);
provides for appropriate monitoring, as determined by the Administrator;
provides for revocation by the Administrator of approval pending the results of the monitoring; and
is cost-effective.
Expiration of ballast water exchange option
On the date of expiration of the ballast water exchange option under paragraph (2), the certification process shall apply to all methods of ballast water management, treatment, and system design.
Review and revision
Not less frequently than every 3 years, the Secretary, in conjunction with the Administrator, shall review and, if necessary, revise the certification process pursuant to subsection (e)(1).
Application for approval
In general
The Secretary and the Administrator shall approve an application for certification of a ballast water treatment system only if the application is in such form and contains such information as the Secretary and Administrator may require.
Approval and disapproval
In general
On receipt of an application under clause (i)—
the Administrator shall, not later than 90 days after the date of receipt of the application—
review the application for compliance and consistency with environmental soundness criteria promulgated under paragraph (8)(A); and
approve those ballast water treatment systems that meet those criteria; and
the Secretary, in consultation with the Task Force, shall, not later than 180 days after the date of receipt of the application—
determine whether the ballast water treatment system covered by the application meets the requirements of this subsection, as appropriate;
approve or disapprove the application; and
provide the applicant written notice of approval or disapproval.
Limitations
An application approved under subclause (I) shall—
be qualified with any limitations relating to voyage pattern, duration, or any other characteristic that may affect the effectiveness or environmental soundness of the ballast water treatment system covered by the application, as determined by the Secretary in consultation with the Administrator;
be applicable to a specific vessel or group of vessels, as determined by the Secretary;
be valid for the least of—
the expected useful life of the ballast water treatment system;
10 years; or
such period of time for which the Secretary or Administrator (as appropriate) determines that (based on available information, including information developed pursuant to paragraph (6)(B)(iii)) there exists a serious deficiency in performance or environmental soundness of the system relative to anticipated performance or environmental soundness; and
be renewed if—
the Secretary determines that the ballast water treatment system remains in compliance with applicable standards as of the date of application for renewal; or
the remaining useful life of the vessel is less than 10 years.
Experimental approval for ballast water treatment
In general
The owner or operator of a vessel may submit to the Secretary an application to test or evaluate a promising ballast water treatment technology that—
has the potential to achieve the standard set forth under subsection (b)(3)(A); and
is likely to achieve a minimum performance that is the same as or more stringent than the best available performance that applies to a vessel under subsection (b)(3)(B).
Approval
The Secretary shall approve an application under subparagraph (A) if—
the Secretary and the Administrator, in consultation with the Task Force (including relevant regional panels, and the Prevention Committee, of the Task Force), determine that the treatment technologies meet the requirements in paragraph (3)(B)(ii); and
the Administrator determines, based on independent and peer-reviewed information provided to the Secretary by the owner or operator of the vessel or other applicable parties, that the treatment technologies—
comply with environmental requirements (including regulations); and
have the potential to meet environmental soundness criteria established under paragraph (8)(A)(i).
Waiver
If the Secretary approves an application under subparagraph (B), the Secretary and the Administrator may waive the requirements under subsection (a)(4)(A) with respect to the vessel that is subject to the application approved.
Limitations
Period of testing
Testing of the treatment system approved under this section may cease prior to the termination of the approval period described in clause (ii).
Period of approval
Approval granted under subparagraph (B) shall be for the least of—
the expected useful life of the ballast water treatment system;
a period of 10 years; or
a period ending on the date that the Secretary and Administrator (as appropriate) determines that there exists a serious deficiency in performance or human safety or environmental soundness of the system relative to anticipated performance or environmental soundness.
Information
As a condition of receiving experimental approval for a treatment under subparagraph (B), the owner or operator of a vessel shall agree to collect and report such information regarding the operational and biological effectiveness of the treatment through sampling of the intake and discharge ballast as the Secretary may request.
Renewal
An experimental approval may be renewed in accordance with paragraph (5)(F)(ii).
Incentives for use of treatment systems
In general
The Secretary, the Secretary of Transportation, and the Administrator shall assist owners or operators of vessels that seek to obtain experimental approval for installation of ballast water treatment systems, including through providing guidance on—
a sampling protocol and test program for cost effective treatment evaluation;
sources of sampling equipment and field biological expertise; and
examples of shipboard evaluation studies.
Selection of technologies and practices
In selecting technologies and practices for shipboard demonstration under section 1104(b), the Secretary of the Interior and the Secretary of Commerce shall give priority consideration to technologies and practices that have received or are in the process of receiving certification under paragraph (5).
Annual summaries
The Secretary shall annually summarize, and make available to interested parties, all available information on the performance of technologies proposed for ballast treatment to facilitate the application process for experimental approval for ballast water treatment under paragraph (6).
Environmental soundness criteria for ballast treatments
In general
The Administrator shall include in criteria promulgated under section 1202(k)(1)(A) specific criteria—
to ensure environmental soundness of ballast treatment systems; and
to grant environmental soundness exceptions under subparagraph (B).
Exceptions
In general
In reviewing applications under paragraph (5)(F)(ii)(I)(aa) in an emergency situation to achieve reductions in significant and acute risk of transfers of invasive species by vessels, the Secretary and the Administrator may jointly determine to make an exception to criteria described in subparagraph (A)(i).
Qualification of approvals
To be eligible for an exception under clause (i), an approval under paragraph (5)(F)(ii)(I)(aa) shall be qualified under paragraph (5)(F)(ii)(II).
Great Lakes Program
Regulations
Until such time as regulations are promulgated to implement the amendments made by the National Aquatic Invasive Species Act of 2005, regulations promulgated to carry out this Act shall remain in effect until revised or replaced pursuant to the National Aquatic Invasive Species Act of 2005.
Relationship to other programs
On implementation of a national mandatory ballast management program that is at least as comprehensive as the Great Lakes program (as determined by the Secretary, in consultation with the Governors of Great Lakes States)—
the program regulating vessels and ballast water in Great Lakes under this section shall terminate; and
the national program shall apply to such vessels and ballast water.
Review and revision
In general
Not later than the date that is 18 months after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Secretary shall—
review and revise regulations promulgated under this section to ensure the regulations provide the maximum practicable protection of the Great Lakes ecosystem from introduction by vessels (including vessels in the unballasted condition) of aquatic invasive species; and
promulgate the revised regulations.
Contents
The revised regulations shall include, at a minimum, requirements under subsections (a) and (b) (as amended by that Act).
Authority of the Secretary
In general
In carrying out this section, the Secretary shall, with the concurrence of the Administrator, promulgate regulations in accordance with subsection (b).
Program components
In general
In carrying out paragraph (1), the Secretary shall promulgate a separate set of regulations for—
ships that enter the Great Lakes after operating outside the exclusive economic zone; and
ships that enter United States ports after operating outside the exclusive economic zone, excluding United States ports on the Great Lakes.
Duration
Regulations promulgated under subparagraph (A)(i) shall remain in effect until the Great Lakes program is terminated pursuant to subsection (c).
Requirements
The regulations promulgated under paragraph (1) shall—
protect the safety of—
each vessel; and
the crew and passengers of each vessel;
provide for sampling of ballast intake and discharge flows through ballast piping to monitor for compliance with the regulations;
take into consideration—
vessel types;
variations in the ecological conditions of waters and coastal areas of the United States; and
different operating conditions;
be based on the best scientific information available;
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.); and
include a list of the best performing treatment technologies that is reviewed and updated under subsection (b)(4)(A).
Education and technical assistance programs
The Secretary may carry out education and technical assistance programs and other measures to promote compliance with the regulations promulgated under this subsection.
Periodic review and revision of regulations
In general
Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, and not less often than every 3 years thereafter, the Secretary shall (with the concurrence of the Administrator, based on recommendations of the Task Force, and information collected and analyzed under this title and in accordance with criteria developed by the Task Force under paragraph (3))—
assess the compliance by vessels with regulations promulgated under this section;
assess the effectiveness of the regulations referred to in subparagraph (A) in reducing the introduction and spread of aquatic invasive species by vessels; and
as necessary, on the basis of the best scientific information available—
revise the regulations referred to in subparagraph (A); and
promulgate additional regulations.
Special review and revision
Not later than 90 days after the date on which the Task Force makes a request to the Secretary for a special review and revision of the Program, the Secretary shall (with the concurrence of the Administrator)—
conduct a special review of regulations in accordance with paragraph (1); and
as necessary, in the same manner as provided under paragraph (1)(C)—
revise those guidelines; or
promulgate additional regulations.
Criteria for effectiveness
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, and every 3 years thereafter, the Task Force shall submit to the Secretary criteria for determining the adequacy and effectiveness of all regulations promulgated under this section.
Sanctions
Civil penalties
In general
Any person that violates a regulation promulgated under this section shall be liable for a civil penalty in an amount not to exceed $50,000.
Separate violations
Each day of a continuing violation constitutes a separate violation.
Liability of vessels
A vessel operated in violation of a regulation promulgated under this Act shall be liable in rem for any civil penalty assessed under this subsection for that violation.
Criminal penalties
Any person that knowingly violates the regulations promulgated under subsection (b) is guilty of a class C felony.
Revocation of clearance
On request of the Secretary, the Secretary of the Treasury shall withhold or revoke the clearance of a vessel required by section 4197 of the Revised Statutes (46 U.S.C. App. 91), if the owner or operator of that vessel is in violation of the regulations promulgated under subsection (b).
Exception to sanctions
This subsection does not apply to a failure to exchange ballast water if—
the master of a vessel, acting in good faith, decides that the exchange of ballast water will threaten the safety or stability of the vessel or the crew or passengers of the vessel; and
the vessel complies with—
recordkeeping requirements of this Act;
contingency requirements of section 1211; and
reporting requirements of this Act.
Coordination with other agencies
The Secretary is encouraged to use (with consent) the expertise, facilities, members, or personnel of, appropriate Federal and State agencies and organizations that have routine contact with vessels, as determined by the Secretary.
Consultation with Canada, Mexico, and other foreign governments
In developing the guidelines issued and regulations promulgated under this section, the Secretary is encouraged to consult with the Government of Canada, the Government of Mexico, and any other government of a foreign country that the Secretary, in consultation with the Task Force, determines to be necessary to develop and implement an effective international program for preventing the unintentional introduction and spread of nonindigenous species.
International cooperation
The Secretary, in cooperation with the International Maritime Organization of the United Nations and the Commission on Environmental Cooperation established pursuant to the North American Free Trade Agreement, is encouraged to enter into negotiations with the governments of foreign countries to develop and implement an effective international program for preventing the unintentional introduction and spread of nonindigenous species.
Safety exemption
Master discretion
The Master of a vessel is not required to conduct a ballast water exchange if the Master determines that the exchange would threaten the safety or stability of the vessel, or the crew or passengers of the vessel, because of adverse weather, vessel architectural design, equipment failure, or any other extraordinary conditions.
Other requirements
A vessel that does not exchange ballast water on the high seas under paragraph (1) shall not discharge ballast water in any harbor, except in accordance with a contingency strategy approved by the Secretary (and included in the invasive species management plan of the vessel) to reduce the risk of organism transfer by the discharge (using the best practicable technology and practices pursuant to regulations promulgated under subsection (b)(1)).
Non-discrimination
The Secretary shall ensure that vessels registered outside of the United States do not receive more favorable treatment than vessels registered in the United States in any case in which the Secretary performs studies, reviews compliance, determines effectiveness, establishes requirements, or performs any other responsibilities under this Act.
Effect on other law
Nothing in this section or any regulation promulgated under this section supersedes or otherwise affects any requirement or prohibition relating to the discharge of ballast water under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
.
Conforming amendments
Section
1102(c)(1) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16
U.S.C. 4712(c)(1)) is amended by striking issued under
section 1101(b)
and inserting promulgated under section
1101(e)
.
Section
1102(f)(1)(B) of the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16
U.S.C. 4712(f)(1)(B)) is amended by striking guidelines
issued pursuant to section 1101(c)
and inserting regulations
promulgated under section 1101(e)
.
Armed services whole vessel management Program
Section 1103 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4713) is amended—
by striking the section heading and inserting the following:
Armed services whole vessel management Program
;
and
in subsection (a)—
by striking
Subject to
and inserting the following:
Ballast water
Subject to
; and
by adding at the end the following:
Towed vessel management Program
In general
Subject to operational conditions, the Secretary of Defense, in consultation with the Secretary, the Task Force, and the International Maritime Organization, shall implement a towed vessel management program for Department of Defense vessels to minimize the risk of introductions of aquatic invasive species through hull and associated hull aperture transfers by towed vessels.
Current ballast Program
Except as provided in subparagraph (A), this Act does not affect the ballast program for Department of Defense vessels in effect on the date of enactment of the National Aquatic Invasive Species Act of 2005.
Reports
Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, and every 3 years thereafter, the Secretary of Defense shall submit to Congress a report that includes a summary and analysis of the program carried out under this section.
.
Prevention of introduction of aquatic Invasive Species by other pathways
Priority pathway management Program
Subtitle C of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended by adding at the end the following:
Priority pathway management Program
Identification of high priority pathways
Not later than 2 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, and every 3 years thereafter, the Task Force, in coordination with the Invasive Species Council and in consultation with representatives of States, industry, and other interested parties, shall, based on pathway surveys conducted under this title and other available research relating to the rates of introductions in waters of the United States—
identify those pathways that pose the highest risk for introductions of invasive species, both nationally and on a region-by-region basis;
develop recommendations for management strategies for those high-risk pathways;
include in the report to Congress required under section 1201(f)(2)(B) a description of the identifications, strategies, and recommendations based on research collected under this title; and
identify invasive species not yet introduced into waters of the United States that are likely to be introduced into waters of the United States unless preventative measures are taken.
Management of high priority pathways
Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Task Force or agencies of jurisdiction shall, to the maximum extent practicable, implement the strategies described in subsection (a)(2), considering appropriate periodic updates to the strategies.
.
Screening process for planned importations of live aquatic organisms
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at the end the following:
Screening process for planned importations of live aquatic organisms
In general
Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, no live aquatic organism of a species not in trade shall be imported into the United States without screening and approval in accordance with subsections (c) and (d).
Guidelines
In general
Not later than 30 months after the date of enactment of the National Aquatic Invasive Species Act of 2005, in consultation with regional panels convened under section 1203, States, tribes, and other stakeholders, the Invasive Species Council (in conjunction with the Task Force) shall promulgate guidelines for screening proposed planned importations of live aquatic organisms into the United States that include—
guidelines for minimum information requirements for determinations under subsection (c); and
guidelines for a simplified notification procedure for any additional shipments of organisms that may occur after completion of an initial screening process and determination under subsection (c).
Purpose
The purpose of the screening process shall be to prevent the introduction or establishment of aquatic invasive species (including pathogens and parasites of the species) in waters of the United States and contiguous waters of Canada and Mexico.
Factors
In developing guidelines under this subsection and reviewing and revising the guidelines under subsection (j), the Invasive Species Council and the Task Force shall consider—
the likelihood of the spread of species by human or natural means;
species that may occur in association with the species planned for importation including pathogens, parasites, and free-living organisms;
regional differences in probability of invasion and associated impacts;
the difficulty of controlling an established population of an aquatic invasive species in the wild; and
the profile established under section 1108(b).
Categories
The screening process shall—
require the identification, to the maximum extent practicable, to the species level and, at a minimum, to the genus level, of live aquatic organisms proposed for importation; and
designate—
species with high or moderate probability of undesirable impacts to areas within the boundaries of the United States and contiguous areas of neighboring countries, to which the species is likely to be spread by human or natural means; and
species with respect to which there is insufficient information to determine the risk category based on guidelines issued pursuant to subsection (b)(1)(B).
Evaluation
In general
Not later than 180 days after the date of promulgation of guidelines under subsection (b), in consultation with regional panels convened under section 1203, States, tribes, and other stakeholders, a Federal agency with authority over an importation into the United States of a live organism of a species not in trade and proposed for importation into the United States shall screen the species in accordance with guidelines promulgated under subsection (b).
Delegation and authority
In general
Subject to subparagraph (B), if no agency has authority described in paragraph (1) or an agency delegates the screening to the Director under subsection (h), the Director shall screen the organisms in accordance with subsections (a) and (b).
United states fish and wildlife service
The Director may restrict or prohibit the importation of an organism of a species not in trade if—
no other Federal agency has authority to regulate the importation of the species in trade; and
the Director determines, based on an evaluation that is consistent with the screening requirements promulgated under subsection (g), that the species in trade has a high or moderate probability of an undesirable impact to an area within the boundaries of the United States or a contiguous area of a neighboring country, to which the species may be spread by human or natural means.
Multiple jurisdiction
In general
Subject to subparagraph (B), if more than 1 agency has jurisdiction over the importation of a live organism, the agencies shall conduct only 1 screening process in accordance with the memorandum of understanding described in subsection (f) (in consultation with National Oceanic and Atmospheric Administrator).
Cultured aquatic organisms
The Secretary of Agriculture shall conduct screening of organisms imported to be cultured.
Requirements
A Federal agency of jurisdiction, or the Director shall—
restrict or prohibit the importation into the United States from outside the United States of any species that is described in subsection (c)(2)(A);
prohibit the importation of any species described in subsection (c)(2)(B), unless the importation is for the sole purpose of research that is conducted in accordance with section 1202(f)(2); and
make a determination under this subsection not later than 180 days after receiving a complete request for permission to import a live aquatic species.
Memorandum of understanding
In general
The Director of the United States Fish and Wildlife Service shall enter into a memorandum of understanding with the agencies of jurisdiction regarding the screening requirements of this section.
Contents
The memorandum of understanding shall contain, at a minimum—
a description of the relationship between and responsibilities of the agencies of jurisdiction, including a process designating a lead agency in cases in which multiple agencies may have jurisdiction over the screening of an aquatic species;
the process by which the Director will delegate screening duties to and receive delegation from other agencies of jurisdiction; and
the process by which agencies of jurisdiction and the Invasive Species Council will coordinate and share information required for the screening of species.
Screening requirements
The Director shall promulgate screening requirements consistent with the guidelines promulgated under subsection (b) to evaluate any planned live aquatic species importation (including an importation carried out by a Federal agency) from outside the borders of the United States into waters of the United States that is—
not otherwise subject to Federal authority to permit the importation; or
delegated to the Director by another agency of jurisdiction under subsection (h).
Delegation to Director
Any agency with authority over the planned importation of a live aquatic organism may delegate to the Director the screening process carried out under this section.
Catalog of species in trade
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Director of the United States Geological Survey and the Director of the Smithsonian Environmental Research Center, in cooperation with agencies with jurisdiction over planned importations of live organisms, shall—
develop and, as necessary, update a catalog of species in trade; and
include the list in the information provided to the public pursuant to section 1102(f).
Review and revision
In general
At least once every 3 years, the Council, in conjunction with the Task Force, shall use research on early detection and monitoring under section 1106, among other information sources, to review and revise to the screening, guidelines, and process carried out under this section.
Report
The Invasive Species Council shall include in its report to Congress required pursuant to section 1201(f)(2)(B)—
an evaluation of the effectiveness of the screening processes carried out under this section;
the consistency of the application of the screening process by agencies; and
recommendations for revisions of the processes.
Prohibitions
In general
Except as otherwise provided in this section, it shall be unlawful to import a live aquatic organism of a species not in trade.
Penalties
Civil penalty
Any person that violates paragraph (1) shall be liable for a civil penalty in an amount not to exceed $50,000.
Criminal penalties
Any person that knowingly violates paragraph (1) is guilty of a class C felony.
Fees
The head of any agency that has jurisdiction over a planned importation of a species subject to screening under this Act may increase the amount of any appropriate fee that is charged under an authority of law to offset the cost of any screening process carried out under this section.
Information
A Federal agency conducting a screening process under this section shall make the results of the process available to the public (including international organizations).
Effect on other laws
In general
Nothing in this section repeals, supercedes, or modifies any provision of Federal or State law relating to the screening process for aquatic species importation.
More protective laws
A State, the District of Columbia, or a territory of the United States may adopt an aquatic plant or animal importation law, regulation, or policy that requires a more protective screening process for aquatic species importation than the regulations and policies of this section.
.
Early detection; rapid response; control and outreach
Early detection
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 202) is amended by adding at the end the following:
Early detection and monitoring
In general
Not later than 18 months after the date of enactment of the National Aquatic Invasive Species Act of 2005, in conjunction with the Council, the Task Force shall (based on the standard protocol for early detection surveys developed under this title), promulgate a set of sampling protocols, a geographic plan, and budget to support a national system of ecological surveys to rapidly detect recently-established aquatic invasive species in waters of the United States.
Contents
The protocols, plan, and budget shall, at a minimum—
address a diversity of aquatic ecosystems of the United States (including inland and coastal waters);
encourage State, local, port, and tribal participation in monitoring;
balance scientific rigor with practicability, timeliness, and breadth of sampling activity;
considers the pathways and organisms identified under section 1210;
include a capacity to evaluate the impacts of permitted importations screened by the processes established under section 1105; and
include clear lines of communication with appropriate Federal, State, and regional rapid response authorities.
Implementation
Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Administrator (in consultation with the Invasive Species Council and in coordination with other agencies and organizations) shall implement a national system of ecological surveys that is—
carried out in cooperation with State, local, port, tribal authorities, and other non-Federal entities (such as colleges and universities); and
based on the protocols, plan, and budget published under subsection (a) and any public comment.
.
Rapid response
Subtitle C of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) (as amended by section 201) is amended by adding at the end the following:
Rapid response
Emergency Rapid Response Fund
Establishment
There
is established in the Treasury of the United States a revolving fund to assist
States in implementing rapid response measures for aquatic invasive species, to
be known as the Emergency Rapid Response Fund
(referred to in
this subsection as the Fund
), consisting of—
such amounts as are appropriated to the Fund under section 1301(g)(2)(A); and
any interest earned on investment of amounts in the Fund under paragraph (3).
Expenditures from fund
In general
Subject to subparagraph (C), on request by the Secretary of the Interior, the Secretary of the Treasury shall transfer from the Fund to the Secretary of the Interior such amounts as the Secretary of the Interior determines are necessary to provide financial assistance to a State or the Federal rapid response team under subparagraph (B) to assist in implementing rapid response measures for aquatic invasive species.
State assistance
In general
A State may submit to the Secretary of the Interior an application for emergency response assistance from the Fund.
Approval
If the Secretary of the Interior approves an application submitted under clause (i), the Secretary shall use amounts provided to the Secretary under subparagraph (A)—
in a case in which a State has in effect a rapid response contingency strategy that is approved under subsection (b), to provide emergency response assistance to the State; and
in a case in which the State does not have a rapid response contingency strategy approved under subsection (b) in effect, to provide emergency response assistance to the Federal rapid response team established under subsection (f).
Additional funds
If additional amounts are needed for the conduct of emergency response activities in the State, the Secretary of the Interior may provide additional assistance to the State or Federal rapid response team under this paragraph.
Administrative expenses
An amount not to exceed 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act.
Investment of amounts
In general
The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals.
Interest-bearing obligations
Investments may be made only in interest-bearing obligations of the United States.
Acquisition of obligations
For the purpose of investments under subparagraph (A), obligations may be acquired—
on original issue at the issue price; or
by purchase of outstanding obligations at the market price.
Sale of obligations
Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.
Credits to Fund
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.
Transfers of amounts
In general
The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.
Adjustments
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
State rapid response contingency strategies
The Task Force, in consultation with the Invasive Species Council, shall approve a rapid response contingency strategy of a State if the strategy—
identifies all key governmental and nongovernmental partners to be involved in carrying out the strategy;
clearly designates the authorities and responsibilities of each partner, including the authority of any State or government of an Indian tribe to distribute emergency funds;
specifies criteria for rapid response measures, including a diagnostic system that—
distinguishes cases in which rapid response has a likelihood of success and cases in which rapid response has no likelihood of success;
distinguishes rapid response measures from ongoing management and control of established populations of aquatic invasive species; and
distinguishes instances in which the rate and probability of organism dispersal is significantly altered by vessel movements;
includes an early detection strategy that supports or complements the early detection and monitoring system developed under section 1108;
provides for a monitoring capability to assess—
the extent of infestations; and
the effectiveness of rapid response efforts;
to the maximum extent practicable, is integrated into the State aquatic invasive species management plan approved under section 1204;
to the maximum extent practicable, includes rapid response tools that meet environmental criteria developed under subsection (f)(4);
includes a public education and outreach component directed at—
potential pathways for spread of aquatic invasive species; and
persons involved in industries and recreational activities associated with those pathways; and
to the extent that the strategy involves vessels, conforms with guidelines issued by the Secretary under subsection (d)(2).
Regional Rapid Response Contingency Strategies
The Task Force, with the concurrence of the Invasive Species Council and in consultation with the regional panels of the Task Force established under section 1203, shall encourage the development of regional rapid response contingency strategies that—
provide a consistent and coordinated approach to rapid response; and
are approved by—
the Secretary; and
the Governors and Indian tribes having jurisdiction over areas within a region.
Model Rapid Response Contingency Strategies
Not later than 18 months after the date of enactment of the National Aquatic Invasive Species Act of 2005—
the Task Force, with the concurrence of the Invasive Species Council and the regional panels of the Task Force established under section 1203, shall develop—
a model State rapid response contingency strategy (including rapid assessment capability) for aquatic invasive species that meets, to the maximum extent practicable, the requirements of paragraphs (1) through (9) of subsection (b); and
a model regional rapid response contingency strategy (including rapid assessment capability) for aquatic invasive species; and
the Secretary, in concurrence with the Task Force and the regional panels of the Task Force, shall issue guidelines that describe vessel-related requirements that may be used in a rapid response contingency strategy approved under this section.
Cost sharing
State rapid response contingency strategies
The Federal share of the cost of activities carried out under a State rapid response contingency strategy approved under subsection (b) shall be not less than 50 percent.
Regional rapid response contingency strategies
The Federal share of the cost of activities carried out under a regional rapid response contingency strategy approved under subsection (c) shall be not less than 75 percent.
Form of non-federal share
The non-Federal share required under paragraph (1) or (2) may be in the form of in-kind contributions.
Federal rapid response teams
Establishment of teams
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Invasive Species Council, in coordination with the Task Force and the heads of appropriate Federal agencies, shall establish a Federal rapid response team for each of the 10 Federal regions that comprise the Standard Federal Regional Boundary System.
Duties of teams
Each Federal rapid response team shall, at a minimum—
implement rapid eradication or control responses for newly detected aquatic invasive species on Federal and tribal land;
carry out, or assist in carrying out, rapid responses for newly detected aquatic invasive species on non-Federal land at the request of a State, Indian tribe, or group of States or Indian tribes;
provide training and expertise for State, tribal, or regional rapid responders;
provide central sources of information for rapid responders;
maintain a list of researchers and rapid response volunteers; and
in carrying out any rapid response activity with respect to an aquatic noxious weed listed under section 412(f) of the Plant Protection Act (7 U.S.C. 7712(f)), include representatives of the Animal and Plant Health Inspection Service.
Criteria for identifying cases of rapid response warranting federal assistance
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Task Force, with the concurrence of the Invasive Species Council, shall develop criteria to identify cases warranting Federal assistance for rapid assessment and response under this subsection, including indicative criteria relating to, at a minimum—
the extent to which infestations of aquatic invasive species may be managed successfully by rapid response;
the extent to which rapid response efforts may differ from ongoing management and control; and
the extent to which infestations of nonindigenous aquatic invasive species are considered to be an acute or chronic threat to—
biodiversity of native aquatic organisms;
habitats of native fish and wildlife; or
human health.
Environmental criteria
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Administrator, in consultation with the Invasive Species Council, the Secretary of Transportation, the Task Force (including regional panels of the Task Force established under section 1203), the Director, and the Director of the National Marine Fisheries Service, shall develop environmental criteria to minimize nontarget environmental impacts of rapid responses carried out pursuant to this section.
.
Dispersal barriers
Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722) is amended—
by redesignating subsections (j) and (k) as subsections (l) and (m), respectively; and
by inserting after subsection (i) the following:
National dispersal barrier Program
Chicago river ship and sanitary canal dispersal barrier project
Existing barrier
The Assistant Secretary shall upgrade and make permanent, at full Federal expense, the existing Chicago sanitary and ship canal dispersal barrier in Chicago, Illinois, constructed as a demonstration project under subsection (i)(3).
New barrier
Notwithstanding the project cooperation agreement with the State of Illinois dated November 21, 2003, the Secretary shall construct, at full Federal expense, the Chicago sanitary and ship canal dispersal barrier authorized by section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a).
Operation and maintenance
The Chicago sanitary and ship canal dispersal barriers described in subparagraphs (A) and (B) shall be operated and maintained as a system by the Corps of Engineers, at full Federal expense, in such a manner as the Chief Engineer determines optimizes the effectiveness of the barriers.
Credit
In general
The Assistant Secretary shall provide to each State a credit in an amount equal to the proportion that—
the amount of funds contributed by the State toward the authorized dispersal barriers described in subparagraphs (A) and (B); bears to
the amount of funds contributed by all States toward the authorized dispersal barriers described in subparagraphs (A) and (B).
Use of credit
A State may apply a credit received under clause (i) to any existing or future project of the Corps of Engineers in that State.
Feasibility study of chicago river ship and sanitary canal
In general
Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Assistant Secretary, in consultation with appropriate Federal, State, local, and non-governmental entities, shall conduct a feasibility study of the full range of options available to prevent the spread of aquatic invasive species through the Chicago River Ship and Sanitary Canal dispersal barrier.
Matters to be studied
The study shall—
provide recommendations concerning additional measures and long-term measures necessary to improve the performance of the Chicago River Ship and Sanitary Canal dispersal barrier; and
examine methods and measures necessary to achieve, to the maximum extent practicable—
100 percent efficacy of the barrier with respect to aquatic invasive species of fish; and
maximum efficacy of the barrier with respect to other taxa of aquatic invasive species.
Reimbursement
The
State of Illinois shall be reimbursed for all State funds expended on the
planning, design, construction, and operation and maintenance of the project
identified, along with any subsequent modifications, in the report entitled
Aquatic Nuisance Species Dispersal Barrier II
, dated December
2002, issued under section 1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2294
note;
100
Stat. 4251).
Monitoring Program
Establishment
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Secretary of the Interior shall establish an interbasin and intrabasin monitoring program.
Required elements
The monitoring program shall—
track aquatic invasive species moving through—
the Chicago River Ship and Sanitary Canal;
the Lake Champlain Canal;
other interbasin waterways; and
major river systems (such as the Mississippi River), as recommended by regional panels convened under section 1203, in which interbasin transfers of aquatic invasive species have been shown to pose a significant threat to fish and wildlife resources;
assess the efficacy of dispersal barriers and other measures in preventing the spread of aquatic invasive species through the waterways; and
identify waterways suitable for dispersal barrier demonstration projects, in addition to the waterways at which dispersal barrier demonstration projects were carried out before the date of enactment of the National Aquatic Invasive Species Act of 2005.
Reports
The Secretary of the Interior shall issue biennial reports describing the findings of the monitoring program.
Prevention and mitigation plans for corps projects
In developing projects involving interbasin waterways or other hydrologic alterations that could create pathways for aquatic invasive species, the Assistant Secretary shall develop adequate prevention and mitigation plans for controlling the dispersal of the aquatic invasive species.
Technical assistance
The Administrator of the National Oceanic and Atmospheric Administration, acting through the Great Lakes Environmental Research Laboratory, shall provide technical assistance to appropriate entities to assist in the research conducted under this subsection.
Additional waterways
The Assistant Secretary, with the concurrence of the Administrator, and other relevant Federal agencies, shall—
identify additional waterways suitable for the construction of new dispersal barriers (based on the monitoring program established under paragraph (2));
determine the feasibility of a dispersal barrier project at the Lake Champlain Canal and in the Upper Mississippi River and, if feasible, establish a plan for a dispersal barrier at the Lake Champlain Canal and in the Upper Mississippi River; and
construct, maintain, and operate such dispersal barriers as necessary.
Reports
Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Assistant Secretary and the Director shall jointly submit to Congress a report that describes—
the efficacy of the Chicago River Ship and Sanitary Canal dispersal barrier project; and
a plan to provide for additional dispersal barrier demonstration projects and related research projects.
.
Environmental soundness
Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722) (as amended by section 303) is amended by inserting after subsection (j) the following:
Improvement of treatment methods for aquatic Invasive Species
Criteria to evaluate environmental soundness of treatment methods
In general
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Administrator, in consultation with the Secretary, the Invasive Species Council, and the Task Force (including any regional panels of the Task Force) shall promulgate criteria to evaluate the treatment methods described in subparagraph (B) for the purpose of ensuring that the treatment methods pose no significant threat of adverse effect on human health, public safety, or the environment (including air quality and the aquatic environment) that is acute, chronic, cumulative, or collective.
Treatment methods
The treatment methods referred to in subparagraph (A) are all mechanical, physical, chemical, biological, and other treatment methods used in bodies of water of the United States (regardless of whether the bodies of water are navigable and regardless of the origin of the waters), to prevent, treat, or respond to the introduction of aquatic invasive species.
Consultation
In carrying out subparagraph (A), the Administrator shall consult with—
the Secretary of Transportation;
the Task Force (including the regional panels of the Task Force established under section 1203);
the Director;
the Assistant Secretary;
the Director of the National Marine Fisheries Service; and
relevant State agencies.
Publication of information on environmentally sound treatment methods
The Administrator, in consultation with the Invasive Species Council, shall publish (not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005) and update annually—
a list of environmentally sound treatment methods that may apply to a potential aquatic invasive species response effort;
accompanying research that supports the environmental soundness of each approved treatment method; and
explicit guidelines under which each treatment method can be used in an environmentally sound manner.
Reports
The Invasive Species Council and Task Force shall include the information described in paragraph (2) in the reports submitted under section 1201(f)(2)(B).
.
Information, education, and outreach
Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(h)) is amended—
by striking
(h) Education.—The Task Force
and inserting the following:
Information, education, and outreach
In general
The Task Force
; and
by adding at the end the following:
Activities
In general
The programs carried out under paragraph (1) shall include the activities described in this paragraph.
Public outreach
Public warnings
Not later than 180 days after the date of enactment of the National Aquatic Invasive Species Act of 2005, each Federal officer of an agency that provides Federal funds to States for building or maintaining public access points to United States water bodies shall amend the guidelines of the agency, in consultation with relevant State agencies, to encourage the posting of regionally-specific public warnings or other suitable informational and educational materials at the access points regarding—
the danger of spread of aquatic invasive species through the transport of recreational watercraft; and
methods for removing organisms prior to transporting a watercraft.
Cleaning of watercraft at marinas
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Under Secretary and the Director (in cooperation with the Task Force and in consultation with the States, relevant industry groups, and Indian tribes) shall develop an education, outreach, and training program directed toward marinas and marina operators regarding—
checking watercraft for live organisms;
removing live organisms from the watercraft before the watercraft are commercially or recreationally trailered;
encouraging regular hull cleaning and maintenance, avoiding in-water hull cleaning; and
other activities, as identified by the Secretary.
Proper disposal of nonindigenous live aquatic organisms in trade
The Task Force shall—
not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, develop (in consultation with industry and other affected parties) guidelines for proper disposal of live nonindigenous aquatic organisms in trade; and
use the guidelines in appropriate public information and outreach efforts.
100th meridian program
In general
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Task Force shall expand the information and education program directed at recreational boaters in States from which watercraft are transported westward across the 100th meridian.
Activities
In carrying out the program, the task force shall—
survey owners of watercraft transported westward across the 100th meridian to determine the States of origin of most such owners;
provide information directly to watercraft owners concerning the importance of cleaning watercraft carrying live organisms before transporting the watercraft; and
support education and information programs of the States of origin to ensure that the State programs address westward spread.
Information and education program by national park service
The Secretary of the Interior, acting through the Director of the National Park Service, shall develop a program to provide public outreach and other educational activities to prevent the spread of aquatic invasive species by recreational watercraft in parkland or through events sponsored by the National Park Service.
Outreach to industry
The Task Force, in conjunction with the Invasive Species Council, shall carry out activities to inform and promote voluntary cooperation and regulatory compliance by members of the national and international maritime, horticultural, aquarium, aquaculture, pet trade, and other appropriate industries with screening, monitoring, and control of the transportation of aquatic invasive species.
Public access to monitoring information
The Task Force, the Invasive Species Council, and other relevant agencies, shall maintain information on the Internet regarding—
the best approaches for the public and private interests to use in assisting with national early detection and monitoring of aquatic invasive species in waters of the United States;
contact locations for joining a national network of monitoring stations;
approved State Management Plans under section 1204(a) and Rapid Response Contingency Strategies under subsections (b) and (c) of section 1211; and
the list of potential invaders under section 1201(a)(4).
.
Aquatic Invasive Species research
Ecological, pathway, and experimental research
In general
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 301) is amended by adding at the end the following:
Ecological, pathway, and experimental research
Definition of administering agencies
In general
In this section and section 1108, the term administering agencies means—
the Smithsonian Environmental Research Center;
the United States Geological Survey; and
the National Oceanic and Atmospheric Administration (including the Great Lakes Environmental Research Laboratory).
Memorandum of understanding
The administering agencies shall enter into an agreement regarding implementation of this subtitle.
Consultation
In carrying out this section, the administering agencies shall consult with—
the Task Force;
the Environmental Protection Agency;
the United States Fish and Wildlife Service; and
other appropriate Federal and State agencies.
Cooperation
In carrying out this section, the administering agencies shall contract, as appropriate, or otherwise cooperate with academic researchers.
Program
The administering agencies shall develop (not later than 18 months after the date of enactment of the National Aquatic Invasive Species Act of 2005) and conduct a marine and freshwater research program (including ecological and pathway surveys and experimentation) to assess rates of, patterns of, and conditions surrounding introductions of nonindigenous aquatic species in aquatic ecosystems.
Purpose
The purpose of the program is to support efforts to prevent the introduction of, and detect and eradicate, invasive species by—
providing information for—
early detection and rapid response efforts; and
relevant policy questions; and
assessing the effectiveness of implemented policies (including any standard) to prevent the introduction and spread of aquatic invasive species.
Protocol development
The administering agencies shall—
establish standardized protocols for conducting surveys that are integrated and produce comparable data, and, as practicable, build on existing protocols and data collection methods (including surveys required under subsection (b)), including—
protocols to support early detection surveys of nonindigenous aquatic species conducted by Federal, State, or local agencies involved in the management of invasive species, including surveys carried out pursuant to section 1106;
protocols to support comprehensive ecological surveys conducted under this section for purposes of research and analysis of rates and patterns of invasions; and
protocols to support pathway surveys;
recommend a standardized approach for classifying species;
when proposing protocols, consider recommendations made at the workshop conducted under subsection (h);
subject the protocols to peer review;
complete the protocols not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005;
revise protocols as necessary; and
disseminate the protocols to the Task Force and other Federal, State, and local stakeholders.
Ecological and pathway survey requirements
In general
Each comprehensive ecological survey conducted under this section shall, at a minimum—
document baseline ecological information of the aquatic ecosystem, including—
to the maximum extent practicable, a comprehensive inventory of native species, nonindigenous species, and species of unknown origin, present in the ecosystem; and
the chemical and physical characteristics of water and underlying substrate in the ecosystem;
in the case of nonindigenous species, gather information to assist in identifying—
the life history of the species;
the environmental requirements and tolerances of the species;
the native ecosystems of the species; and
the history of the species spread from the native ecosystems of the species;
track the establishment of nonindigenous species, including information about the estimated population of nonindigenous organisms to allow an analysis of the probable date of introduction of the species; and
identify the likely pathway of entry of nonindigenous species.
Minimum requirements
Each pathway survey conducted under this section shall, at a minimum—
identify which nonindigenous aquatic species are being introduced, or have the potential to be introduced, through the pathways under consideration;
determine the rate of organism introduction through the pathways under consideration; and
determine the practices that contributed to or could contribute to the introduction of nonindigenous aquatic species through the pathways under consideration.
Number and location of survey sites
Required sites
The administering agencies shall designate the number and location of survey sites necessary to carry out marine and freshwater research required under this section.
Emphasis
In carrying out paragraph (1) and subsection (g), the administering agencies shall give particular consideration to—
the geographic diversity of sites; and
the diversity of human uses and biological characteristics of sites.
Competitive grant Program
In general
In order to assist in carrying out subsections (b) and (i), the administering agencies (acting through the National Oceanic and Atmospheric Administration) shall administer a program to award grants to academic institutions, State agencies, and other appropriate groups.
Administration
The program required under this section shall be competitive, peer-reviewed, and merit-based.
Workshop
Not later than 120 days after the date of enactment of the National Aquatic Invasive Species Act of 2005, to assist in the development of the protocols and design for the surveys under this section, the administering agencies shall—
convene a workshop among researchers from Federal and State agencies and academic institutions to obtain recommendations for the development of the protocols and surveys; and
make the results of the workshop widely available to the public.
Experimentation
The administering agencies shall conduct (at existing field stations and such other sites as may be appropriate) coordinated experiments on a range of taxonomic groups to identify—
the relationship between the introduction and establishment of nonindigenous aquatic species; and
the circumstances necessary for the species to survive and thrive.
National pathways and ecological surveys database
In general
The United States Geological Survey shall develop, maintain, and update, in consultation and cooperation with the Smithsonian Environmental Research Center and the National Oceanic and Atmospheric Administration, a central national database of information concerning information collected under section 1107(b).
Requirement
The United States Geological Survey shall—
make the database widely available to the public;
update the database not less often than once every 90 days;
coordinate the database with existing databases collecting similar information; and
to the maximum extent practicable, format the databases in a manner such that the data is useful for researchers and Federal and State employees managing relevant invasive species programs.
.
Vessel pathway surveys
Section 1102(b)(2)(B) of Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(b)(2)(B)) is amended by striking clause (ii) and inserting the following:
examine other potential modes for the introduction of nonindigenous aquatic species by vessel, including hull fouling.
.
Analysis
In general
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 401(a)) is amended by adding at the end the following:
Analysis
Invasion analysis
In general
Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, and annually thereafter, the administering agencies shall analyze data collected under section 1107 and other relevant research, for the purpose of preventing the introduction of, detecting, and eradicating invasive species by—
providing information for early detection and rapid response efforts;
providing information for relevant policy questions; and
assessing the effectiveness of implemented policies to prevent the introduction and spread of invasive species.
Contents
The analysis required under paragraph (1) shall include, with respect to aquatic invasive species—
an analysis of pathways to—
identify, and characterize as high-, medium-, or low-risk, regional and national pathways for the introduction of nonindigenous aquatic species into aquatic ecosystems;
identify new and expanding pathways through which nonindigenous aquatic species may be introduced into aquatic ecosystems;
identify handling practices that contribute to the introduction of species in pathways; and
assess the risk that species currently used in commerce pose for introduction into aquatic ecosystems;
include patterns and rates of invasion and susceptibility to invasion of various types of bodies of water;
consider the ways in which the risk of establishment of an aquatic invasive species through a pathway is related to the identity and number of organisms transported;
consider rates of spread and numbers and types of pathways of spread of new populations of the aquatic invasive species and estimate the potential for the spread and distribution of newly introduced invasive species based on the environmental requirements and historical distribution of the species;
document factors that influence the vulnerability of an ecosystem to invasion by a nonindigenous aquatic species;
include a description of the potential for, and impacts of, pathway management programs on invasion rates;
provide recommendations for improvements on the effectiveness of pathway management;
to the extent practicable, determine the level of reduction in live organisms of various taxonomic groups required to reduce to an acceptable level the risk of establishment to receiving aquatic ecosystems; and
evaluate the effectiveness of management actions (including any standard) at reducing species introductions and establishment.
Report
The administering agencies shall submit to the Task Force a report on analyses conducted under this section.
Research To assess the potential of the establishment of introduced species
In general
Not later than 2 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, the administering agencies shall develop, conduct peer review of, and submit to the Task Force a profile of the general characteristics of invasive species, in order to—
predict, to the extent practicable, whether a species planned for importation is likely to invade a particular aquatic ecosystem if introduced; and
support the development of the screening process authorized under section 1105.
Research
In developing the profile, the administering agencies shall analyze the research conducted under section 1107 and other research as necessary to determine—
characteristics of general species and ecosystems (taking into account the opportunity for introduction into any ecosystem); and
circumstances that may lead to establishment of a nonindigenous aquatic organism.
Recommendations
Based on the profile, the administering agencies shall develop and submit to the Task Force, for inclusion in the report to Congress developed under section 1201(f)(2)(B), recommendations concerning which planned importation of nonindigenous aquatic organisms warrant restriction under section 1105.
Dissemination
In general
The Invasive Species Council, in coordination with the Task Force, and the administering agencies shall disseminate the information collected under this Act to Federal, State, and local entities (including relevant policymakers and private researchers with responsibility over or interest in aquatic invasive species).
Reports
The Invasive Species Council shall—
not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, submit to Congress a report that describes the actions and findings carried out under this Act; and
at least once every 3 years thereafter or more often as necessary, update the report.
Response strategy
To enable Federal, State, and local entities having responsibility for responding to the introduction of potentially harmful nonindigenous aquatic species to better and more rapidly respond to those introductions, the Invasive Species Council, in coordination with the Task Force, the administering agencies, and other appropriate Federal and State agencies, shall implement a national strategy for the sharing of information collected under this Act with those entities.
Pathway practices
The Invasive Species Council, in coordination with the Task Force, and the administering agencies shall disseminate information to, and develop an ongoing educational program for, pathway users (including vendors and customers) to inform those users about means by which users can prevent the intentional or unintentional introduction of nonindigenous aquatic species into aquatic ecosystems.
Technology development demonstration and verification–
Environmentally sound technology development, demonstration and verification
In general
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Administrator, in consultation with the Army Corps of Engineers and the administering agencies, shall develop and implement a grant program to fund research, development, demonstration, and verification of environmentally sound cost-effective technologies and methods to control and eradicate aquatic invasive species.
Purposes
Proposals funded under this program shall—
provide funds to support on-going efforts of Federal, State, or local officials to control and eradicate aquatic invasive species in an environmentally sound manner;
increase the number of environmentally sound technologies or methods Federal, State, or local officials may use to control or eradicate aquatic invasive species;
provide for the demonstration or dissemination of the technologies or methods to potential end-users; and
verify that any technology or practice meets any appropriate criteria developed for effectiveness and environmental soundness that are established by the Administrator.
Preference
In making grants under this subsection, the Administrator shall give preference to proposals that meet criteria developed for environmental soundness that are established by the Administrator.
Merit review
Grants awarded through this subsection shall be awarded through a competitive, peer-reviewed process and shall be merit-based.
Report
Not later than 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Administrator shall submit to Congress a report on the program conducted under this subsection, including findings and recommendations of the Secretary with respect to technologies and methods described in paragraph (1).
Dispersal barrier research Program
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Assistant Secretary, in conjunction with the Director and other appropriate Federal agencies and academic researchers, shall establish a research, development, and demonstration program—
to study environmentally sound methods and technologies to reduce dispersal of aquatic invasive species through interbasin waterways; and
to assess the potential for using those methods and technologies in other waterways.
.
Expansion of vessel pathway technology demonstration Program
Section 1104(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(b)) is amended—
by redesignating paragraphs (4) and (5) as paragraphs (7) and (8), respectively; and
by inserting after paragraph (3) the following:
Additional purposes
The Secretary of the Interior and the Secretary of Commerce may demonstrate and verify technologies under this subsection to monitor and control pathways of organism transport on vessels other than through ballast water.
Priority
In making grants under this subsection, the Secretary of the Interior and the Secretary of Commerce shall give priority to technologies that meet criteria established in any testing protocol developed under the Environmental Technology Verification program of the Administrator.
Workshop
The Secretary of the Interior and the Secretary of Commerce shall—
hold an annual workshop to encourage the exchange of information between and among—
principal investigators for which funds are made available under this subsection; and
researchers conducting research directly relating to vessel pathway technology development; and
make the results of the proceedings widely available to the public.
.
Vessel pathway standards research
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 402(a)) is amended by adding at the end the following:
Vessel pathway standards research
Research Program
In general
The Secretary and the Administrator (in coordination with the National Oceanic and Atmospheric Administration, the Task Force, and other appropriate Federal agencies and academic researchers) shall develop and conduct a coordinated research program to support the establishment and implementation of standards to prevent the introduction and spread of aquatic invasive species by vessels.
Components
The research program shall include programs to—
characterize physical, chemical, and biological harbor conditions relevant to ballast discharge into waters of the United States to provide information for the design and implementation of vessel vector control technologies and practices;
develop testing protocols for determining the effectiveness of vector monitoring and control technologies and practices;
research and demonstrate methods for mitigating the spread of aquatic invasive species by coastal voyages, including the exploration of the effectiveness of alternative exchange zones in the near coastal areas and other methods proposed to reduce the transfers of organisms;
verify the practical effectiveness of any type approval process to ensure that the process produces repeatable and accurate assessments of treatment effectiveness; and
evaluate the effectiveness and residual risk and environmental impacts associated with any standard established with respect to a ship pathway through experimental research.
Performance test
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Secretary, in conjunction with the National Institute of Standards and Technology and the Maritime Administration, shall design a performance test for ballast water exchange (such as a dye study) to measure the effectiveness of ballast water exchange.
National Academy of Sciences study
In general
The Secretary shall enter into an agreement with the National Academy of Sciences under which the Academy shall—
identify the relative risk of transfer of various taxonomic groups of invasive species by different vessel modes;
assess the extent to which a ballast water standard that virtually eliminates the risk of introduction of invasive species by ballast water may relate to the risk of introductions by all vessel modes; and
explain the degree of uncertainty in such an assessment; and
recommend methods for reducing the transfers of invasive species by vessels by addressing all parts and systems of vessels and all related modes of transport of invasive organisms; and
identify the research, development, and demonstration needed to improve the information base to support those methods, including economic information.
Report
Not later than 2 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Secretary shall submit to Congress a report that describes the results of the study under paragraph (1).
Implementation of recommendations
Not later than the later of the date that is 1 year after the date of submission of the report under paragraph (2) or the date that is 3 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Task Force, in conjunction with the Administrator, administering agencies, and other appropriate Federal agencies, shall submit to the Secretary a report that describes recommendations for—
a vessel pathway treatment standard that incorporates all potential modes of transfer by vessel; and
methods for type approval and accurate monitoring of treatment performance that are simple and streamlined and follow established protocols.
Working group
In general
Not later than 2 years after the date of issuance by the Secretary of any standard relating to the introduction by vessels of invasive species, the Secretary shall convene a working group (including the Administrator, the administering agencies, and other appropriate Federal and State agencies and academic researchers) to evaluate the effectiveness of that standard and accompanying implementation protocols.
Duties
The duties of the working group shall include, at a minimum—
reviewing the effectiveness of the standard in reducing the establishment of invasive species in aquatic ecosystems, taking into consideration the data collected under section 1107; and
submitting recommendations to the Secretary (who shall make the recommendations widely available to the public) for the revision of the standard and type approval process in order to ensure—
effectiveness in reducing introductions of invasive species; and
the effectiveness of accurate shipboard monitoring of treatment performance in a simple and streamlined manner.
.
Graduate education in systematics and taxonomy
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 403) is amended by adding at the end the following:
Research in systematics and taxonomy
In general
The National Science Foundation shall establish a program to award grants to researchers at institutions of higher education and museums to carry out research in systematics and taxonomy.
Purposes
The purposes of the program are—
to encourage scientists to pursue careers in systematics and taxonomy to ensure a continuing knowledge base in those disciplines;
to ensure that there will be adequate expertise in systematics and taxonomy to meet Federal, State, and local needs to identify invasive species;
to develop that expertise throughout the United States with an emphasis on regional diversity; and
to draw on existing expertise in systematics and taxonomy at institutions of higher education and museums to train the next generation of systematists and taxonomists.
Administration
Merit review
Grants awarded through this section shall be awarded through a competitive, peer-reviewed process and shall be merit-based.
Preferences
In making grants under this section, the National Science Foundation shall provide a preference for—
projects in a diverse set of ecosystems and geographic locations;
if applicable, projects that are integrated with the Long Term Ecological Research Network created by the National Science Foundation;
projects that include student participation; and
projects carried out by institutions of higher education and museums that actively train students to become experts in systematics and taxonomy.
.
Coordination
Program coordination
Membership of Task Force
Section 1201(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended—
in paragraph (6),
by striking and
at the end;
by redesignating paragraph (7) as paragraph (12); and
by inserting after paragraph (6) the following:
the Director of the United States Geological Survey;
the Director of the Smithsonian Environmental Research Center;
the Secretary of State;
the Secretary of Transportation;
the Secretary of Homeland Security; and
.
Coordination with Invasive Species Council
Section 1201(f) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721(f)) is amended—
by striking
Each Task Force member
and inserting the following:
In general
Each member of the Task Force
; and
by adding at the end the following:
Invasive Species Council
The Invasive Species Council shall—
coordinate and cooperate with the Task Force in carrying out the duties of the Invasive Species Council relating to aquatic invasive species;
not later than 2 years after the date of enactment of the National Aquatic Invasive Species Act of 2005, and every 3 years thereafter, submit to Congress a report that summarizes the status of the conduct of activities authorized by and required under this Act; and
establish any regional panels or task forces in coordination with the regional panels of the Task Force convened under section 1203.
.
Coordination with other programs
Section 1202(c) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(c)) is amended by adding at the end the following:
Recommendations for lists
In general
The Task Force shall annually recommend to Federal agencies of jurisdiction such additions of aquatic invasive species as the Task Force determines to be appropriate for inclusion on—
any list of species of wildlife covered by section 42 of title 18, United States Code (including regulations); or
any list of noxious weeds under the Plant Protection Act (7 U.S.C. 7701 et seq.) (including regulations promulgated under that Act contained in part 360 of title 7, Code of Federal Regulations (or any successor regulations)).
Process
The Task Force may use the screening process developed pursuant to section 1105 to identify species pursuant to subparagraph (A).
.
Regional coordination
Section 1203 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is amended by adding at the end the following:
Annual Inter-Regional meeting
The Task Force shall annually convene all regional panels established pursuant to this Act for the purpose of information transfer between and among panels, and between the panels and the Task Force, regarding aquatic invasive species management.
Organizations
In general
An interstate organization that has a Federal charter authorized by law or executive order for purposes of fisheries or natural resource management may develop and implement—
regional aquatic invasive species management plans; and
rapid response activities that are—
requested by the Governors of the member States of the organization; and
consistent with any relevant State aquatic invasive species management plans.
Funds
The interstate organization may receive funds under this Act to implement activities under the regional aquatic invasive species management plan of the organization.
.
State aquatic Invasive Species management plans
Section 1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(a)) is amended—
in paragraph (2)—
in subparagraph (A), by inserting before the semicolon at the end the following:
, including, in accordance with guidelines issued by the Task Force under paragraph (5)—
rapid assessment and response contingency strategies under section 1211;
early detection strategies under section 1211(b)(4);
aquatic plant control programs conducted pursuant to other laws; and
screening of planned introductions pursuant to section 1105
; and
in subparagraph
(D), by inserting include
after (D)
; and
by adding at the end the following:
Guidelines
In general
Not later than 1 year after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Task Force shall amend the guidelines of the Task Force for the development of plans under this subsection, including guidelines for reporting progress in implementing the plans, to encourage consistency in implementation of and reporting under those plans.
Guidelines
The guidelines published under subparagraph (A) shall include, for the purpose of paragraph (2)(A), guidelines concerning—
rapid response contingency strategies under section 1211;
early detection strategies under section 1211(b)(4);
aquatic plant control programs conducted pursuant to other laws;
screening of planned introductions pursuant to section 1105; and
the review and revision of requirements of this subsection and the reapproval process under this subsection.
Relationship to other plans
In general
A plan approved under paragraph (4) shall be deemed to meet any State planning requirement of the program established under section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) for a plan to control noxious aquatic plant growths.
Enforcement
Funds provided to States for implementation of plans pursuant to section 1204 may be used by States to enforce requirements relating to aquatic invasive species under the Plant Protection Act (7 U.S.C. 7701 et seq.) (including regulations promulgated under that Act contained in part 360 of title 7, Code of Federal Regulations (or any successor regulations)).
Eligibility of existing plans
A plan approved under this section as of the day immediately before the date of enactment of the National Aquatic Invasive Species Act of 2005 shall be eligible to receive a grant awarded under this section.
Review and revision
In general
Each State shall periodically review and, as necessary, revise the management plan of the State in accordance with guidelines of the Task Force.
Update of existing plans
A plan approved under this section as of the day immediately before the date of enactment of the National Aquatic Invasive Species Act of 2005 shall be updated after the date of enactment of the National Aquatic Invasive Species Act of 2005 to conform to the guidelines published under paragraph (5).
Other State Management Plans
In addition to the management plans required under this subsection, the Director shall encourage each State to develop and implement new, and expand existing, State management plans to improve State actions to prevent and control aquatic invasive species.
.
Grant Program
Section 1204(b)(1) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is
amended by striking subsection (a) for the implementation of those
plans.
and inserting the
following:
subsection (a)—
to develop those plans with a total amount that does not exceed 10 percent of the amounts made available for grants under this section for each fiscal year; and
to implement those plans.
.
International coordination
In general
Subtitle E of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4751 et seq.) is amended—
by striking the subtitle heading and inserting the following:
Administration
;
and
by adding at the end the following:
International coordination
In general
The Task Force, the Invasive Species Council, and the Secretary of State shall, to the maximum extent practicable, ensure that international efforts to prevent, detect, monitor, assess, and control aquatic invasive species (including through the International Maritime Organization, the International Convention on the Exploration of the Sea, the Global Invasive Species Program, and other appropriate programs) are coordinated with policies of the United States established by this Act.
Coordination with neighboring countries
In general
The Task Force, in consultation with the Secretary of State, shall include in the report required by section 1202(m) a description of the means by which international agreements and regulations with countries that share a border with the United States will be implemented and enforced by Federal agencies (including a clarification of the roles and responsibilities of those agencies).
Negotiations
As soon as practicable after the date of enactment of the National Aquatic Invasive Species Act of 2005, the Secretary of State may enter into negotiations with—
Canada to issue a request that the International Joint Commission, not later than 18 months after the date of enactment of that Act, review, research, conduct hearings on, and submit to the parties represented on the International Joint Commission a report that describes the success of current policies of governments in the United States and Canada having jurisdiction over the Great Lakes in anticipating and preventing biological invasions of the aquatic ecosystem in the Great Lakes, including—
an analysis of current Federal, State or Provincial, local, and international laws, enforcement practices, and agreements;
an analysis of prevention efforts relating to all likely pathways for biological invasions of the aquatic ecosystem in the Great Lakes; and
recommendations of the International Joint Commission for means by which to improve and harmonize the policies and enforcement practices referred to in clause (i); and
Mexico, to ensure coordination of efforts of the United States with efforts of Mexico to manage invasive species established in the United States-Mexico border region.
.
Authorization of appropriations
Authorization of appropriations
Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4741) is amended to read as follows:
Authorization of appropriations
In general
Except as otherwise provided in this section, there are authorized to be appropriated such sums as are necessary to carry out this Act for each of fiscal years 2006 through 2010.
Task Force and aquatic Invasive Species Program
There are authorized to be appropriated for each of fiscal years 2006 through 2010—
$8,000,000, to carry out activities of the Task Force under section 1202, of which—
$4,000,000 shall be used by the Director;
$3,000,000 shall be used by the National Oceanic and Atmospheric Administration; and
$1,000,000 shall be used by the Invasive Species Council;
$30,000,000, to provide grants under section 1204(b);
$3,000,000, to provide assistance to the regional panels of the Task Force; and
$1,000,000, to be used by the Director to carry out section 1105(g).
International coordination
There is authorized to be appropriated to the Department of State to carry out section 1403 $1,000,000 for each of fiscal years 2006 through 2010.
Prevention of introduction by vessels of aquatic Invasive Species into waters of the United States
There are authorized to be appropriated for each of fiscal years 2006 through 2010—
$6,000,000, to be used by the Secretary to carry out section 1101;
$2,500,000, to be used by the Administrator to carry out section 1101; and
$2,750,000, to be used by the Task Force to carry out section 1101, of which—
$1,500,000 shall be used by the Director; and
$1,250,000 shall be used by the National Oceanic and Atmospheric Administration.
Prevention of the introduction by nonvessel pathways of aquatic Invasive Species into waters of the United States
There are authorized to be appropriated for each of fiscal years 2006 through 2010—
$5,000,000, to carry out the priority pathway management program under section 1210, of which—
$2,000,000 shall be used by the National Oceanic and Atmospheric Administration; and
$3,000,000 shall be used by the Director;
$1,000,000, to be used by the Invasive Species Council to establish screening guidelines under section 1105(b); and
$3,500,000, to be used by the Director to promulgate and implement screening requirements under section 1105(g).
Early detection and monitoring
There is authorized to be appropriated, to carry out early detection, monitoring, and survey planning and implementation under section 1106, $2,000,000 for each of fiscal years 2006 and 2007 and $10,000,000 for each of fiscal years 2008 through 2010, of which—
for each of fiscal years 2006 and 2007—
$1,000,000 shall be used by the National Oceanic and Atmospheric Administration; and
$1,000,000 shall be used by the Director; and
for each of fiscal years 2008 through 2010—
$5,000,000 shall be used by the National Oceanic and Atmospheric Administration; and
$5,000,000 shall be used by the Director.
Containment and control
Dispersal barriers
There are authorized to be appropriated for each of fiscal years 2006 through 2010—
$300,000, to be used by the Assistant Secretary in carrying out operation and maintenance of the Chicago River Canal Dispersal Barrier under section 1202(j)(1);
$1,800,000, to be used by the Assistant Secretary in carrying out the complete construction of the Chicago River Canal Dispersal Barrier;
$8,000,000, to be used by the Assistant Secretary for the construction of a second long-service life barrier for the Chicago River Canal;
$500,000, to be used by the Assistant Secretary to carry out a feasibility study for the construction described in subparagraph (C); and
$2,150,000, to be used by the Director to carry out the monitoring program under section 1202(j)(2).
Rapid response
There are authorized to be appropriated for each of fiscal years 2006 through 2010—
$25,000,000, to the Emergency Rapid Response Fund established under section 1211(a), to remain available until expended;
$1,000,000, to be used by the Invasive Species Council in developing the State and regional rapid response contingency strategy under section 1211; and
$1,500,000, to be used for Federal rapid response teams under section 1211(f), of which—
$500,000 shall be used by the National Oceanic and Atmospheric Administration; and
$1,000,000 shall be used by the Director.
Environmental soundness
There is authorized to be appropriated for establishment under section 1202(k) of criteria for the improvement of treatment methods for aquatic invasive species $600,000 for each of fiscal years 2006 through 2010.
Information, education and outreach
There are authorized to be appropriated for each of fiscal years 2006 through 2010—
$500,000, to be used by the Secretary of the Interior to carry out the information and education program under section 1202(h)(2)(D);
$750,000, to be used by the Director in carrying out the 100th meridian program under section 1202(h)(2)(C);
$2,000,000, to be used to carry out informational and educational activities of the Task Force under section 1202(h), of which—
$1,000,000 shall be used by the National Oceanic and Atmospheric Administration; and
$1,000,000 shall be used by the Director; and
$500,000, to be used by the National Oceanic and Atmospheric Administration to carry out section 1202(h)(2)(B)(ii).
Research
Ecological and pathway research and analysis
There are authorized to be appropriated for each of fiscal years 2006 through 2010—
$17,000,000, to be used by the National Oceanic and Atmospheric Administration to carry out sections 1107 and 1108, of which $13,000,000 shall be used to carry out the grant program under section 1107(g));
$4,000,000, to be used by the Smithsonian Environmental Research Center to carry out sections 1107 and 1108;
$4,500,000, to be used by the United States Geological Survey to carry out sections 1107 and 1108, of which $500,000 shall be used to develop, maintain, and update the database required under section 1107(j)); and
$1,650,000, to be used by the Great Lakes Environmental Research Laboratory to carry out the demonstration program under section 1202(i).
Dissemination
There is authorized to be appropriated to provide for the dissemination of information by the Invasive Species Council under section 1109 $500,000 for each of fiscal years 2006 through 2010.
Technology development, demonstration, and verification
There are authorized to be appropriated for each of fiscal years 2006 through 2010—
$2,500,000, to be used by the Administrator for the purposes of environmental soundness screening and improvement under section 1110(a);
$1,000,000, to be used by the Assistant Secretary to carry out the program under section 1110(b); and
$7,500,000, to carry out vessel pathway technology development under sections 1104 and 1301(e).
Vessel pathway standards research
There are authorized to be appropriated—
for each of fiscal years 2006 through 2010, $3,000,000, to be used for research in support of vessels pathway standards and technology evaluation under section 1111(a) of which—
$1,500,000 shall be used by the Administrator; and
$2,000,000 shall be used by the Secretary of the Coast Guard;
for each of fiscal years 2006 through 2008, $500,000, to be used by the Coast Guard to carry out the performance test required under section 1111(b); and
for fiscal year 2006, $500,000, to be used by the Secretary of the Coast Guard to enter into an agreement with the National Academy of Sciences to carry out the study required under section 1111(c).
Research in systematics and taxonomy
There is authorized to be appropriated for the National Research Foundation to provide research grants for systematics and taxonomy under section 1112 $2,500,000 for each of fiscal years 2006 through 2010.
.
Conforming amendments
Conforming amendments
In general
The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 is amended—
in section 1102 (16 U.S.C. 4712)—
in subsection (a), by striking the subsection heading and inserting the following:
Studies on introduction of aquatic Invasive Species by vessels
; and
in subsection (b)—
by striking paragraph (1); and
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively;
in subtitle C (16 U.S.C. 4721 et seq.), by striking the subtitle heading and inserting the following:
Prevention and control of aquatic Invasive Species dispersal
;
in section
1201(a) (16
U.S.C. 4721(a)), by striking Nuisance Species
and inserting Invasive Species
;
in section 1202 (16 U.S.C. 4722), by striking the section heading and inserting the following:
Aquatic Invasive Species Program
;
in section 1204 (16 U.S.C. 4724), by striking the section heading and inserting the following:
State aquatic Invasive Species management plans
;
and
by striking
aquatic nuisance species
each place it appears and inserting
aquatic invasive species
.
Short title
Section 1001 of
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
(16 U.S.C.
4701) is amended by striking Nonindigenous Aquatic
Nuisance
and inserting Nonindigenous Aquatic Invasive
Species
.
References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 shall be deemed to be a reference to the Nonindigenous Aquatic Invasive Species Prevention and Control Act of 1990.