§4730 — Title 16 Conservation | U.S. Code

Summary

The Environmental Protection Agency must create a program inside its Great Lakes National Program Office to detect, monitor, and help stop invasive aquatic species in the Great Lakes and Lake Champlain areas. Key names: "Administrator" = the EPA Administrator. "Director" = head of the Great Lakes National Program Office. "Aquatic nuisance species" = the legal term for invasive water plants and animals (defined in another law). "Great Lakes and Lake Champlain Systems" = Lake Champlain and all connected waters and wetlands in the Great Lakes and Lake Champlain drainage areas. "Program" = the new Great Lakes and Lake Champlain Invasive Species Program. The EPA will work with other federal groups (Fish and Wildlife, NOAA, USGS, and the Coast Guard) and consult NOAA labs. The Program must watch for new and spreading invasive species, try to detect them early, help with response and control, keep a watch list of likely invaders, track ways they move (like ballast water), and help states and tribes with monitoring, inspections, education, and compliance. It must also work on approving and testing ballast water systems for ships that only sail inside the lakes. The Director must share the Program’s data online, set up ways to notify people about new detections, send a report to Congress by December 31, 2019, and the law allows $50,000,000 for each fiscal year 2019 through 2023.

Title 16, §4730

Conservation — Source: USLM XML via OLRC

(1)In this section:

(A)The term “Administrator” means the Administrator of the Environmental Protection Agency.

(B)The term “aquatic nuisance species” has the meaning given that term in subsection (p)(1) of section 1322 of title 33.

(C)The term “Director” means the Director of the Great Lakes National Program Office established by section 1268(b) of title 33.

(D)The term “Great Lakes and Lake Champlain Systems” includes—

(i)Lake Champlain; and

(ii)all bodies of water (including wetlands) within—

(I)the Great Lakes System (as defined in section 1268(a)(3) of title 33); or

(II)the Lake Champlain drainage basin (as defined in section 1270(g) of title 33).

(E)The term “Program” means the Great Lakes and Lake Champlain Invasive Species Program established under paragraph (2)(A).

(2)(A)The Administrator shall establish within the Great Lakes National Program Office a program, to be known as the “Great Lakes and Lake Champlain Invasive Species Program”—

(i)in collaboration with—

(I)the Director of the United States Fish and Wildlife Service;

(II)the Administrator of the National Oceanic and Atmospheric Administration;

(III)the Director of the United States Geological Survey; and

(IV)the Secretary of the department in which the Coast Guard is operating; and

(ii)in consultation with—

(I)the head of Great Lakes Aquatic Nonindigenous Species Information System of the National Oceanic and Atmospheric Administration; and

(II)the head of Great Lakes Environmental Research Laboratory of the National Oceanic and Atmospheric Administration.

(B)The purposes of the Program shall be—

(i)to monitor for the introduction and spread of aquatic nuisance species into or within the Great Lakes and Lake Champlain Systems;

(ii)to detect newly introduced aquatic nuisance species prior to the establishment of the aquatic nuisance species in the Great Lakes and Lake Champlain Systems;

(iii)to inform, and assist with, management and response actions to prevent or stop the establishment or spread of an aquatic nuisance species;

(iv)to establish a watch list of candidate aquatic nuisance species that may be introduced or spread, and that may survive and establish, within the Great Lakes and Lake Champlain Systems;

(v)to monitor vectors likely to be contributing to the introduction or spread of aquatic nuisance species, including ballast water operations;

(vi)to work collaboratively with the Federal, State, local, and Tribal agencies to develop criteria for prioritizing and distributing monitoring efforts;

(vii)to develop, achieve type approval for, and pilot shipboard or land-based ballast water management systems installed on, or available for use by, commercial vessels operating solely within the Great Lakes and Lake Champlain Systems to prevent the spread of aquatic nuisance species populations within the Great Lakes and Lake Champlain Systems; and

(viii)to facilitate meaningful Federal and State implementation of the regulatory framework in this section, including monitoring, shipboard education, inspection, and compliance conducted by States.

(3)The Program shall seek—

(A)to build on—

(i)existing aquatic nuisance species monitoring efforts; and

(ii)efforts to develop criteria for prioritizing and distributing monitoring efforts, geographically and among taxa, in the Great Lakes and Lake Champlain Systems;

(B)to advance early detection and monitoring, and capacity to control the establishment and spread, of aquatic nuisance species within the Great Lakes and Lake Champlain Systems;

(C)to identify opportunities to interdict the introduction and spread of aquatic nuisance species through sound science and technological advancements;

(D)to assess the risk of aquatic nuisance species introduction and spread via the range of vectors active within the Great Lakes and Lake Champlain Systems;

(E)to advance the development of type-approved ballast water management system (as defined in subsection (p)(1) of section 1322 of title 33 11 So in original. Probably should be followed by a closing parenthesis. equipment for commercial, non-seagoing vessels that operate solely within the Great Lakes System (as defined in section 1268(a)(3) of title 33);

(F)to immediately make available to the public information regarding—

(i)the detection of new aquatic nuisance species within the Great Lakes and Lake Champlain Systems; or

(ii)the spread of aquatic nuisance species within the Great Lakes and Lake Champlain Systems;

(G)to annually submit to appropriate individuals and entities in each affected region a report describing the findings and activities of the Program;

(H)to identify roles and responsibilities of Federal agencies in aquatic nuisance species monitoring and response; and

(I)to provide resource assistance to States implementing State-level programs to enter into partnerships with Federal agencies in enforcing the requirements under subsection (p) of section 1322 of title 33.

(4)In carrying out and developing the Program, the Director shall collaborate with—

(A)applicable Federal, State, local, and Tribal agencies; and

(B)such other research entities or stakeholders as the Director determines to be appropriate.

(5)The Director shall—

(A)make the data collected under the Program available on a publicly accessible internet website, including in an annual summary report; and

(B)in coordination with the entities identified under paragraph (4), develop communication and notification protocols for the purpose of communicating the range of aquatic nuisance species and any identification of a new aquatic nuisance species introduced to the Great Lakes and Lake Champlain Systems.

(6)(A)Not later than December 31, 2019, the Director shall submit to Congress a report summarizing the outcomes of activities carried out under the Program.

(B)The report under subparagraph (A) shall include—

(i)a description of activities carried out under the Program, including an explanation of how those activities help to achieve the purposes described in paragraph (2)(B);

(ii)an analysis of Federal, State, and local efforts to enhance multidisciplinary approaches to achieve the purposes described in paragraph (2)(B);

(iii)recommendations relating to activities that would contribute to achievement of the purposes described in paragraph (2)(B); and

(iv)recommendations to improve the efficiency and effectiveness of the Program.

(7)There is authorized to be appropriated to carry out the Program $50,000,000 for each of fiscal years 2019 through 2023.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Vessel Incidental Discharge Act of 2018 and also as part of the Frank LoBiondo Coast Guard Authorization Act of 2018, and not as part of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 which comprises this chapter. Section is comprised of subsec. (g) of section 903 of Pub. L. 115–282. For classification to the Code of other provisions of section 903, see Tables.

§4730 Great Lakes and Lake Champlain Invasive Species Program

Summary

Title 16, §4730

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata