Text: H.R.4214 — 101st Congress (1989-1990)All Information (Except Text)

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HR 4214 IH
101st CONGRESS
2d Session
 H. R. 4214
To prevent and control infestations of the coastal and inland waters of the
United States by the zebra mussel, and other nonindigenous aquatic nuisance
species.
IN THE HOUSE OF REPRESENTATIVES
March 7, 1990
Mr. NOWAK (for himself, Mr. HORTON, Mr. GILLMOR, Mr. MOODY, Mr. OBERSTAR,
Mr. DEWINE, Ms. KAPTUR, Mr. PEASE, Mr. RIDGE, Mr. DAVIS, Mr. SIKORSKI,
Mr. REGULA, Mr. SCHUETTE, Mr. UPTON, and Mr. ECKART) introduced the following
bill; which was referred to the Committee on Merchant Marine and Fisheries
A BILL
To prevent and control infestations of the coastal and inland waters of the
United States by the zebra mussel, and other nonindigenous aquatic nuisance
species.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Nonindigenous Aquatic Nuisance Act of 1990'.
SEC. 2. DEFINITIONS.
  As used in this Act, the term--
  (1) `ballast water' means any water taken aboard to be used for ballasting
  purposes (to manipulate the trim and stability of a vessel);
  (2) `nonindigenous species' means any species that is not native to an
  ecosystem, including any such organism transferred from one country into
  another;
  (3) `high seas' means waters outside of the exclusive economic zone of
  any nation;
  (4) `environmentally sound' methods or techniques means methods or techniques
  that have a minimal impact on the natural ecology of an ecosystem,
  including integrated pest management techniques with an emphasis on
  nonchemical measures; and
  (5) `aquatic nuisance' means a nonindigenous species which threatens the
  biodiversity, environmental stability, or the economic or recreational
  development of an infested water resource.
SEC. 3. FINDINGS.
  The Congress finds that--
  (1) the transport of untreated water between ports in the ballast tanks
  of ships results in unintentional introductions of nonindigenous species
  to fresh, brackish, and saltwater environments;
  (2) when environmental conditions are favorable, nonindigenous species
  become established, successfully reproduce, and may disrupt the ecology
  and industry of an area;
  (3) several nonindigenous species which could be transported into the
  waters of the United States in ballast tanks are known to be actual or
  potential threats to saltwater or freshwater ecosystems;
  (4) the zebra mussel (Dreissena polymorpha) was unintentionally introduced
  into the Great Lakes in Lake St. Clair through ballast water exchange,
  and the species became established and rapidly spread downstream throughout
  Lake Erie and into Lake Ontario;
  (5) if left uncontrolled, through downstream transportation of larvae and
  unintentional transport via boats and water transfers among drainage basins,
  the zebra mussel is expected to infest over two-thirds of the continental
  United States;
  (6) the zebra mussel colonizes water inlet pipes (which causes reduced water
  flow), boat hulls (which causes increased drag), and other hard surfaces;
  (7) the potential disruption of aquatic ecosystems by the zebra mussel,
  including adverse effects on biodiversity of lakes and reductions in fish
  populations (including sport and commercial fisheries, and other fish
  populations), could be severe;
  (8) a coordinated research, control, and education effort is needed to
  attenuate the spread of the zebra mussel and other aquatic nuisance species
  throughout the United States;
  (9) specifically, research is needed to explore environmentally sound
  approaches to control such nuisance species; and
  (10) research is also needed on the basic biology of aquatic nuisance
  species, particularly the zebra mussel, and the environmental impacts of
  such aquatic nuisance species, including impacts on biodiversity.
SEC. 4. PURPOSES.
  The purposes of this Act are--
  (1) to prevent unintentional introduction of nonindigenous species into
  waters of the United States through ballast water management and other
  requirements;
  (2) to coordinate research, control activities, and information regarding
  aquatic nuisance species, and reduce the burden of these tasks from already
  overburdened State and local agencies;
  (3) to contain the spread of the zebra mussel and other aquatic nuisance
  species in the waters of the United States through educational programs
  geared to early identification and control methods;
  (4) to establish aquatic nuisance species research programs to develop
  environmentally sound control methods, monitor distribution, study the basic
  biology of such species, and investigate potential human health impacts
  of such species, as well as potential environmental and economic impacts;
  (5) to minimize economic and ecological impacts of nonindigenous aquatic
  nuisance species if any such species become established (as has the zebra
  mussel); and
  (6) to declare the zebra mussel an injurious species and to provide for
  further declarations of injurious species status as needed to prevent the
  intentional transport of aquatic nuisance species (other than for permitted
  research purposes).
TITLE I--UNITED STATES COAST GUARD REGULATIONS
SEC. 101. REGULATIONS TO PREVENT UNINTENTIONAL INTRODUCTION OF NONINDIGENOUS
SPECIES INTO AND WITHIN THE WATERS OF THE UNITED STATES.
  (a) IN GENERAL- (1) The Secretary of the department under which the Coast
  Guard is operating (hereafter in this Act referred to as the `Secretary'),
  acting through the Commandant of the United States Coast Guard, and in
  consultation with--
  (A) the Secretary of Commerce, acting through the Administrator of the
  National Oceanic and Atmospheric Administration;
  (B) the Secretary of the Interior, acting through the Director of the
  United States Fish and Wildlife Service;
  (C) the Administrator of the Environmental Protection Agency; and
  (D) the heads of other relevant departments or agencies (as determined by
  the Secretary);
shall, not later than 6 months after the date of the enactment of this
Act, promulgate such regulations as may be necessary for the prevention and
control of the transportation into the waters of the United States of viable
biological materials in the ballast waters of ships.
  (2) Except as provided in subsections (b) and (c), the regulations
  promulgated under this subsection shall--
  (A) require a vessel to carry out a high sea exchange of ballast water prior
  to releasing ballast water into any of the waters of the United States; and
  (B) allow for the use of alternative ballast water management methods in
  lieu of the method described in subsection (a) as such alternative methods
  are developed and recommended by the Secretary pursuant to paragraph (5)
  of subsection (d).
  (b) REGULATIONS TO PREVENT UNINTENTIONAL TRANSFERS- The Secretary, in
  consultation with the officials described in subparagraphs (A) through (D)
  of subsection (a)(1), shall promulgate such regulations as the Secretary
  determines to be necessary to prevent the unintentional transfer or
  introduction of nonindigenous species by ships operating exclusively
  within the territorial waters of the United States or contiguous coastal
  waters of North America (as defined by the Secretary). A ship described in
  this subsection shall not be subject to high seas ballast water exchange
  requirement described in subsection (a)(2).
  (c) EXEMPTION FOR SHIPS THAT TREAT WATER- A ship that is subject to
  requirements that prescribe the treatment of ballast water for the removal
  of chemical contaminants shall not be subject to the high seas ballast
  water exchange requirement described in subsection (a)(2).
  (d) REQUIREMENTS FOR REGULATIONS- The regulations promulgated under
  subsections (a) and (b) shall--
  (1) ensure the right of any captain of a ship to protect the safety of
  his ship and the crew and passengers of such ship;
  (2) apply to all foreign flag ships and United States flag ships; and
  (3) for the purpose of reflecting the principle that the ballast water
  from one ship is sufficient for the introduction and establishment of an
  aquatic nuisance species, include an enforcement mechanism such as--
  (A) mandatory return to deep sea ballast exchange areas;
  (B) fines; and
  (C) application of other environmentally sound ballast water treatment
  methods;
  (4) provide for random sampling procedures to monitor compliance and for
  sampling for the biological content of ballast water (in cooperation with the
  appropriate officials of the United States Fish and Wildlife Service); and
  (5) be revised as more methods are developed and recommended by the
  Secretary (in consultation with the officials described in subparagraphs
  (A) through (D) of subsection (a)(1)), on the basis of the findings of the
  report required under section 207 of the Coast Guard Authorization Act of
  1989, or on the basis of other reports that the Secretary determines to
  be appropriate.
  (e) CIVIL PENALTY- The Secretary of Transportation is authorized to assess
  a civil penalty in an amount not to exceed $25,000 against the owner or
  operator, or both, of any ship in violation of regulations promulgated
  pursuant to this Act. All civil penalties assessed pursuant to this Act
  shall be available, as provided by appropriation Acts, to endow research
  on the control of nonindigenous species.
TITLE II--ZEBRA MUSSEL AND AQUATIC NUISANCE SPECIES RESEARCH, CONTROL,
AND EDUCATIONAL PROGRAM
SEC. 201. COORDINATION OF RESEARCH.
  (a) NATIONAL COOPERATIVE ACTION GROUP- (1) The Secretary of the Interior,
  acting through the Director of the United States Fish and Wildlife Service,
  and the Secretary of Commerce, acting through the Administrator of the
  National Oceanic and Atmospheric Administration (hereinafter referred
  to as the `National Cooperative Action Group'), shall jointly take such
  action as may be necessary to coordinate national research, control, and
  educational efforts associated with the infestation of the zebra mussel
  and other aquatic nuisance species in the waters of the United States.
  (2)(A) The National Cooperative Action Group is authorized to establish such
  regional commissions as the National Cooperative Active Group determines
  to be necessary to assist in carrying out the purposes of this Act.
  (B) A regional commission described in subparagraph (A) shall be--
  (i) established along the boundaries of one or more adjacent, similarly
  infested (with aquatic nuisance species) water resource region, as defined in
  the United States Geological Survey 1982 map of surface water and related
  land resource development in the United States and Puerto Rico; and
  (ii) composed of not more than 15 members appointed by the National
  Cooperative Action Group as follows:
  (I) 1 regional representative of the Department of the Interior.
  (II) 1 regional representative of the Department of Commerce.
  (III) 1 regional representative from the Environmental Protection Agency.
  (IV) 1 representative from the raw water users industry (as defined by the
  National Cooperative Action Group), or an association of such raw water
  users industry.
  (V) 1 representative from the recreational and sport fishing industry
  (as defined by the National Cooperative Action Group).
  (VI) not more than 8 representatives of State governments and the governments
  of political subdivisions of States.
  (VII) not more than 2 representatives of regional organizations or
  authorities selected by the National Cooperative Action Group.
  (3) The National Cooperative Action Group shall coordinate the regional
  commissions established under this section and facilitate the transfer of
  information among such regional commissions.
  (4) Upon the request of the chairman of any regional commission, and after
  consultation with the National Cooperative Action Group, the head of any
  Federal department or agency is authorized to detail to such regional
  commission any of the personnel of such department or agency to assist the
  regional commission in the performance of the functions of such regional
  commission under this Act.
  (5) The Secretary of the Interior and the Secretary of Commerce may
  provide to each regional commission such administrative and technical
  support services as the Secretary of the Interior and the Secretary of
  Commerce determine to be necessary for the effective functioning of such
  regional commissions.
  (6) The Administrator of General Services is authorized to furnish each
  regional commission under this Act with such offices, equipment, supplies,
  and services as the Administrator is authorized to furnish to any other
  agency or instrumentality of the United States.
  (7) The National Cooperative Action Group shall provide timely advice to
  the Secretary of State concerning aquatic nuisance species that infest
  water resources shared with other countries.
  (b) ROLE OF REGIONAL COMMISSIONS- Regional commissions established pursuant
  to this section shall--
  (1) identify regional priorities with respect to aquatic nuisance species;
  (2) make recommendations to the National Cooperative Action Group concerning
  aquatic nuisance species;
  (3) coordinate programs established to carry out the purposes of the Act; and
  (4) issue, on at least an annual basis, a report on regional research and
  education concerning aquatic nuisance species to the National Cooperative
  Action Group on regional research and education.
  (c) ADMINISTRATIVE PROVISIONS RELATING TO REGIONAL COMMISSIONS- (1) Members
  of a regional commission established pursuant to this section shall serve
  at the pleasure of the National Cooperative Action Group.
  (2) Members of a regional commission shall receive no additional
  pay, allowances, or benefits by reason of service to the regional
  commission. Members who are not full-time Federal employees may be allowed
  travel expenses and per diem, in lieu of subsistence, at rates authorized for
  persons serving intermittently in the Government service under subchapter
  I of chapter 57 of title 5, United States Code, to the extent funds are
  available for such expenses.
  (3) A majority of the members of a regional commission shall constitute
  a quorum, but one or more members designated by the regional commission
  may hold hearings.
  (4) Members of a regional commission shall select a chairman from among
  the members of the regional commission.
  (5) Each regional commission shall meet in the geographical area of the
  regional commission at the call of the chairman of the regional commission
  or upon the request of a majority of the members of the regional commission.
  (6) Each regional commission may establish committees or work groups of
  technical representatives of members of the regional commission to advise
  the regional commission on specific matters relating to the functions of
  the commission authorized under this Act.
  (7) Each regional commission may nominate, and assign duties to,
  a coordinator and such other full-time and part-time employees as the
  National Cooperative Action Group determines to be necessary for the
  performance of the functions of the regional commission.
  (d) EFFECT OF FEDERAL ADVISORY COMMITTEE ACT- Except as otherwise provided
  by this Act, each regional commission shall operate pursuant to the Federal
  Advisory Committee Act (5 U.S.C. App).
  (e)(1) REGIONAL COMMISSION FOR THE GREAT LAKES- Not later than 30 days
  after the date of the enactment of this Act, the National Cooperative
  Action Group shall establish a regional commission for the Great Lakes
  region described in paragraph (2).
  (2) For the purposes of this subsection, the Great Lakes region shall
  encompass the following regions (as designated in the United States
  Geological Survey 1982 map of surface water and related land resource
  development in the United States and Puerto Rico):
  (A) Great Lakes Region 4;
  (B) Ohio Region 5; and
  (C) Upper Mississippi Region 7.
  (3) The National Cooperative Action Group shall request that the Great Lakes
  Fishery Commission (established under the Great Lakes Fishery Act of 1956)--
  (A) designate a representative to serve on the regional commission described
  in this subsection;
  (B) advise, coordinate, and provide secretarial services on matters related
  to Great Lakes fisheries, related environmental concerns, and interactions
  with the Government of Canada; and
  (C) provide technical services for any technical committee established
  by the National Cooperative Action Group to address matters described in
  subparagraph (B).
  (4) The National Cooperative Action Group shall request that the Great
  Lakes Commission (established under article IV of the Great Lakes Basin
  Compact to which the Congress granted consent in the Act entitled `Granting
  the consent of the Congress to a Great Lakes Basin Compact, and for other
  purposes', approved July 24, 1968)--
  (A) designate a representative to serve on the regional commission described
  in this subsection;
  (B) advise, coordinate, and provide secretarial services on matters related
  to the economic impacts of the zebra mussel on the geographic area of the
  Great Lakes region (including impacts on industry), and interactions with
  the Government of Canada; and
  (C) provide technical services for any technical committee established
  by the National Cooperative Action Group to address matters related the
  economic impacts of the zebra mussel on the geographic area of the Great
  Lakes region (including impacts on industry).
SEC. 202. LEAD AGENCIES.
  (a) ROLE OF THE SECRETARY OF COMMERCE- As part of the regional effort
  to address aquatic nuisance species infestations in the United States,
  the Secretary of Commerce, acting through the Administrator of the
  National Oceanic and Atmospheric Administration (who shall consult the
  head of the National Sea Grant College Program) shall, in response to the
  recommendations of the regional commissions established under section 201,
  serve as the head of the lead agency in connection with programs to--
  (1) carry out administrative activities related to the regional commissions;
  (2) investigate the basic biology of aquatic nuisance species;
  (3) research, propose, and evaluate aquatic nuisance species control methods
  (with an emphasis on environmentally sound methods of control for industrial,
  commercial, and recreational users of infested waters);
  (4) provide timely advice to the Administrator of the Environmental
  Protection Agency, the Director of the United States Fish and Wildlife
  Service, and the chairmen of the regional commissions established under
  section 201, concerning aquatic nuisance species control methods proposed
  or in use;
  (5) develop and implement educational programs through Sea Grant Marine
  Advisory Services, and any other available resources that the Secretary
  of Commerce determines to be appropriate to inform the general public,
  State governments, governments of political subdivisions of States,
  and industrial and recreational users of aquatic resources in connection
  with matters concerning the identification of aquatic nuisance species,
  and control methods for such species, including the prevention of the
  further distribution of such species;
  (6) notify State governments and the governments of political subdivisions of
  States, private raw water users (as defined by the Secretary of Commerce),
  and other interested or affected entities that the Secretary of Commerce
  determines to be appropriate, of projected rates and directions of spread
  of the zebra mussel and other aquatic nuisance species in a manner that
  will facilitate timely planning to avoid, prevent, or compensate for likely
  impacts of such aquatic nuisance species;
  (7) investigate methods for minimizing the economic impacts of the zebra
  mussel and other aquatic nuisance species on public, commercial, and
  private waters;
  (8) assist in efforts in the public and private sector to control economic
  impacts of the zebra mussel and other aquatic nuisance species; and
  (9) maintain a current list of control methods in use within the region
  served by such regional commission and and make the list available upon
  request.
  (b) ROLE OF SECRETARY OF THE INTERIOR- As part of the regional effort
  to address aquatic nuisance species infestations in the United States,
  the Secretary of the Interior, acting through the Director of the United
  States Fish and Wildlife Service, shall, in response to the recommendations
  of the regional commissions established under section 201, serve as the
  head of the lead agency in connection with programs to--
  (1) investigate the basic biology of the zebra mussel and other nonindigenous
  species;
  (2) research, and evaluate aquatic nuisance species control methods to
  protect biodiversity and the fisheries of infested waters (with emphasis
  on environmentally sound methods) and make recommendations concerning
  such methods;
  (3) establish a program with the assistance of the United States Coast
  Guard for the random sampling of ballast tanks;
  (4) monitor the distribution and spread of the zebra mussel and other
  aquatic nuisance species, generate projections on the rate and direction
  of spread of such infestations, and, with the assistance of personnel of
  Sea Grant Marine Advisory Services, notify regions where infestations are
  pending for the purposes of advanced planning;
  (5) monitor the effects on human health of the zebra mussel and other
  aquatic nuisance species;
  (6) research and monitor effects of the zebra mussel and other aquatic
  nuisance species on biodiversity of the infested regions; and
  (7) advise the Administrator of the Environmental Protection Agency,
  the Administrator of National Oceanic and Atmospheric Administration,
  and the chairmen of the regional commissions concerning current aquatic
  nuisance species control methods proposed or in use.
  (c) MEMORANDA OF AGREEMENT CONCERNING LEAD AGENCY STATUS- To maximize
  use of existing facilities, lead agency status within the boundaries of a
  given regional commission designation may be altered or shared by a mutual
  agreement between the departments or agencies described in subsections
  (a) and (b) through a memorandum of agreement filed not later than 60 days
  after the formation of the regional commission that is the subject of the
  memorandum of agreement. Such memorandum of agreement shall specify the
  activities for which the signatories to the agreement shall be responsible,
  and shall contain such provisions as are necessary to ensure the coordinated
  implementation of such activity. In the absence of a memorandum of agreement,
  lead agency status shall be determined pursuant to subsections (a) and (b).
  (d) COOPERATION OF FISH AND WILDLIFE SERVICE- In regions for which
  inland waters (except for the Great Lakes) comprise the majority of the
  affected waterways (as in water resource regions 10, 11, 13, 14, 15, and
  16 of the United States Geological Survey 1982 map of surface water and
  related land resource development in the United States and Puerto Rico)
  the United States Fish and Wildlife Service shall cooperate with Federal
  departments and agencies that implement other related programs in effect
  on the date of the enactment of this Act to fulfill all lead agency roles
  (as described in subsections (a) and (b)).
SEC. 203. RESEARCH RESTRICTIONS.
  (a) LOCATION OF RESEARCH ACTIVITIES- The research activities authorized
  under this Act concerning an aquatic nuisance species shall be carried
  out only within drainage basins infested with such aquatic nuisance species.
  (b) ALLOCATION OF FUNDING- To the extent possible, funds for research
  authorized under this Act shall be allocated to existing facilities within
  the areas infested by the aquatic nuisance species subject to study.
  (c) RESEARCH PRIORITIES- In funding research related to the basic biology of
  aquatic nuisance species, priority shall be given to research to advance the
  development of applied techniques of aquatic nuisance species prevention
  and control, and the funding of such research efforts should be carried
  out as soon as is possible.
SEC. 204. INTERACTIONS WITH FOREIGN COUNTRIES.
  (a) NEGOTIATIONS- The Secretary of State, in consultation with the National
  Cooperative Action Group and the Secretary, shall, to the extent allowable
  by law, initiate negotiations with the governments of foreign countries
  concerning the planning and implementation of prevention, research,
  education, and control programs related to aquatic nuisance species
  infesting shared water resources.
  (b) ACTIVITIES WITHIN THE GREAT LAKES- In the case of the Great Lakes, the
  activities of the National Cooperative Action Group, the National Oceanic
  and Atmospheric Administration, the United States Fish and Wildlife Service,
  and the regional commission for the Great Lakes established under section
  201(e) of this Act, shall conform with the goals of the Boundary Waters
  Treaty of 1909 and the Great Lakes Water Quality Agreement as amended
  in 1987 and such agencies shall cooperate with the Great Lakes Fishery
  Commission in all matters affecting Great Lakes fisheries.
SEC. 205. REPORTS.
  Not later than 180 days after the date of the enactment of this Act, and
  annually thereafter, the Cooperative Action Group shall submit a report
  to the appropriate committees of the Congress that--
  (1) summarizes reports of the regional commissions established under this
  Act and includes a summary of the progress of the regional commissions in
  meeting the goals established for such commissions under this Act; and
  (2) makes recommendations concerning prevention and control of aquatic
  nuisance species that the Cooperative Action Group determines to be
  appropriate.
SEC. 206. INJURIOUS SPECIES.
  In accordance with section 42 of title 18, United States Code, the Secretary
  of the Interior shall declare the zebra mussel (Dreissena polymorpha)
  an injurious species.
SEC. 207. SEA GRANT SERVICES AND GRANTS TO UNIVERSITIES.
  (a) GRANTS FOR UNIVERSITY RESEARCH- The appropriate lead agency, as
  determined under this Act, shall allocate funds authorized under this Act
  for competitive university research grants to be administered through the
  Sea Grant College program to study aquatic nuisance species.
  (b) EDUCATION AND ASSISTANCE SERVICES- In addition to the education and
  assistance services described under this Act provided by Sea Grant Marine
  Advisory Services, the appropriate Sea Grant College Program is authorized
  to conduct education and assistance services related to the prevention
  and control of aquatic nuisance species.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated for fiscal years 1991, 1992, 1993,
  1994, and 1995, in addition to any other amounts that may be authorized--
  (1) $850,000 to fund research at the Great Lakes Environmental Research
  Laboratory and other laboratories of the National Oceanic and Atmospheric
  Administration (of which not more than $100,000 shall be used to fund
  administrative services by the Great Lakes Commission);
  (2) $1,650,000 to fund Sea Grant competitive university research grants
  described in section 207 which are conducted in the Great Lakes region
  (as defined in paragraph (2) of section 201(e) of this Act);
  (3) $500,000 to fund Sea Grant College Program education and extension
  services described in section 207 which are conducted in the Great Lakes
  region;
  (4) $100,000 to fund administrative services of the Great Lakes Fishery
  Commission;
  (5) $1,000,000 to fund research authorized under this Act conducted through
  the United States Fish and Wildlife Service in the Great Lakes region;
  (6) $3,300,000 to fund regulatory activities of the United States Coast
  Guard authorized under this Act;
  (7) $500,000 to fund Sea Grant Marine Advisory Service national education
  and extension services;
  (8) $500,000 to fund nationwide monitoring activities by the United States
  Fish and Wildlife Service; and
  (9) such other sums as may be necessary to carry out the purposes of
  this Act.