II 110th CONGRESS 1st Session S. 725 IN THE SENATE OF THE UNITED STATES March 1, 2007 Mr. Levin (for himself and Ms. Collins) 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.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the National Aquatic Invasive Species Act of 2007. (b)

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.

2.

Findings

Congress finds that— (1)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; (2)aquatic invasive species continue to be introduced into waters of the United States at an unacceptable rate; (3)aquatic invasive species damage infrastructure, disrupt commerce, out compete native species, reduce biodiversity, and threaten human health; (4)the direct and indirect costs of aquatic invasive species to the economy of the United States amount to billions of dollars per year; (5)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; (6)wetlands suffer compound impacts from— (A)aquatic infestations (such as Hydrilla); and (B)riparian infestations (such as Purple Loosestrife); (7)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; (8)to be effective, the prevention, early detection, and control of and rapid response to aquatic invasive species should be coordinated regionally, nationally, and internationally; (9)pathway management is the most promising approach to reducing unplanned introductions of aquatic invasive species; (10)consistent national screening criteria are needed to evaluate the potential risk of nonindigenous aquatic species; (11)States and regions have— (A)unique vulnerabilities with respect to aquatic invasive species; and (B)unique means for addressing aquatic invasive species; (12)to accurately identify and manage high risk pathways, it is essential to carry out a comprehensive research program that— (A)monitors pathways and ecosystems to detect the establishment and spread of invasive species; (B)develops and demonstrates effective methods for the management and control of invasive species; and (C)monitors the success of efforts to prevent and control invasive species; and (13)it is in the interest of the United States to— (A)carry out a comprehensive and thorough program to research, prevent, manage, and control the introduction of aquatic species that may become invasive; and (B)to the maximum extent practicable, coordinate the program described in subparagraph (A) with neighboring nations and other programs being carried out globally.

3.

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:

1003.

Definitions

In this Act: (1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency. (2)

Aquatic ecosystem

The term aquatic ecosystem means a freshwater, marine, or estuarine environment (including inland waters and wetlands), located wholly in the United States. (3)

Aquatic organism

(A)

In general

The term aquatic organism means a living animal, plant, fungus, or microorganism inhabiting or reproducing in an aquatic ecosystem. (B)

Inclusions

The term aquatic organism includes— (i)seeds; (ii)eggs; (iii)spores; and (iv)any other viable biological material. (4)

Assistant secretary

The term Assistant Secretary means the Assistant Secretary of the Army for Civil Works. (5)

Ballast water

(A)

In general

The term ballast water means— (i)any water (including matter suspended in the water) taken on board a vessel to control trim, list, draught, stability, or stress of the vessel; and (ii)any water placed into a ballast tank during cleaning, maintenance, or any other operation. (B)

Exclusion

The term ballast water does not include water that, at the time of discharge of the water— (i)does not contain any aquatic invasive species that was taken on board a vessel; and (ii)was used for a purpose described in subparagraph (A)(i). (6)

Best performing treatment technology

The term best performing treatment technology means the ballast water treatment technology that is, as determined by the Secretary— (A)the most biologically effective; (B)the most environmentally sound; and (C)suitable, available, and economically practicable. (7)

Coastal voyage

The term coastal voyage means a voyage conducted entirely within the exclusive economic zone. (8)

Director

The term Director means the Director of the United States Fish and Wildlife Service. (9)

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— (A)the structure and function of an ecosystem; and (B)nontarget organisms and ecosystems. (10)

Exclusive economic zone

The term exclusive economic zone means the area comprised of— (A)the Exclusive Economic Zone of the United States established by Proclamation Number 5030, dated March 10, 1983; and (B)the equivalent zones of Canada and Mexico. (11)

Existing vessel

The term existing vessel means any vessel that enters service on or before December 31, 2009. (12)

Great lakes

The term Great Lakes means— (A)Lake Erie; (B)Lake Huron (including Lake Saint Clair); (C)Lake Michigan; (D)Lake Ontario; (E)Lake Superior; (F)the connecting channels of those Lakes, including— (i)the Saint Mary’s River; (ii)the Saint Clair River; (iii)the Detroit River; (iv)the Niagara River; and (v)the Saint Lawrence River to the Canadian border; and (G)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). (13)

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. (14)

In trade

The term in trade, with respect to a species, means a species that has a documented history of repeatedly being commercially imported into the United States during the period beginning on January 1, 1990, and ending on January 1, 2007. (15)

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). (16)

Interbasin waterway

The term interbasin waterway means a waterway that connects 2 distinct water basins. (17)

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. (18)

Invasion

The term invasion means an infestation of an aquatic invasive species. (19)

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. (20)

National Invasive Species Council

The term National Invasive Species Council means the interagency council established by section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note). (21)

New vessel

The term new vessel means any vessel that enters service on or after January 1, 2010. (22)

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. (23)

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. (24)

Pathway

The term pathway means 1 or more vectors by which an invasive species is transferred from 1 ecosystem to another. (25)

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. (26)

Regional panel

The term regional panel means a panel convened in accordance with section 1203. (27)

Saltwater flushing

The term saltwater flushing means the process of— (A)adding midocean water to a ballast water tank that contains residual quantities of ballast water; (B)mixing the midocean water with the residual ballast water and sediment in the tank through the motion of a ship; and (C)discharging the mixed water so that the salinity of the resulting residual ballast water in the tank exceeds 30 parts per thousand. (28)

Secretary

The term Secretary means the Secretary of Homeland Security. (29)

Species

The term species means any fundamental category of taxonomic classification below the level of genus or subgenus, including a species, subspecies, or any recognized variety of animal, plant, fungus, or microorganism. (30)

Task force

The term Task Force means the Aquatic Nuisance Species Task Force established by section 1201(a). (31)

Treatment

The term treatment means a mechanical, physical, chemical, biological, or other process or method of killing, removing, or rendering inviable organisms. (32)

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. (33)

Under secretary

The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. (34)

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. (35)

Waters of the united states

(A)

In general

The term waters of the United States means the navigable waters and territorial sea of the United States. (B)

Inclusion

The term waters of the United States includes the Great Lakes.

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