[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[House]
[Pages H12146-H12152]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL INVASIVE SPECIES ACT OF 1996
Mr. BOEHLERT. Mr. Speaker, I ask unanimous consent that the Committee
on Transportation and Infrastructure and the Committee on Resources be
discharged from further consideration of the bill (H.R. 4283) to
provide for ballast water management to prevent the introduction and
spread of nonindigenous species into the waters of the United States,
and for other purposes, and ask for its immediate consideration in the
House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
{time} 2300
Mr. OBERSTAR. Mr. Speaker, reserving the right to object, the bill
before us is nearly identical to the Invasive Species Act that the
House passed by voice vote earlier this week, except for limited
amendments requested by the other body. I continue to have some
concerns about at least one of those changes, but on balance those
concerns are outweighed by the net gains to the Great Lakes region and
to the rest of the Nation from this legislation.
One of the concerns I have is a major concern with the application of
this legislation to the salt water ports, and with our chairman
managing this bill, and with his deep concern for environmental issues,
I do want to ask the gentleman from New York [Mr. Boehlert] for a
commitment that we will examine these issues in the proper detail that
they deserve in the coming Congress.
(Mr. OBERTSTAR asked and was given permission to revise and extend
his remarks.)
Mr. BOEHLERT. Mr. Speaker, if the gentleman would yield, my colleague
has those assurances.
Mr. OBERSTAR. Mr. Speaker, I thank the gentleman.
Mr. Speaker, I will not object to passage of the National Invasive
Species Act of 1996. The bill before us now is nearly identical to the
Invasive Species bill that the House passed by voice vote earlier this
week, except for limited amendments which have been requested by the
other body. I continue to have some concerns regarding one of those
changes, but on balance, those concerns are outweighed by the net gains
to the Great Lakes region and to the Nation from this bill being signed
into law this Congress.
This bill will contribute toward preventing further invasions by, and
the spread of, nonindigenous aquatic species. It builds on the very
successful program in the Great Lakes, which was developed under the
1990 ``Nonindigenous Aquatic Nuisance Prevention and Control Act,'' and
expands the scope of the law to the entire Nation.
Also of critical importance, the bill should promote the development
of new technologies, recognizing the limitations of ballast exchange in
preventing the spread of invasive species that already have been
introduced into the Great Lakes and other U.S. waters.
We all have a great deal at stake in passage of this bill this year.
Passage of this bill into law will:
Help prevent further unnecessary devastation of our most valuable
fisheries, as has happened repeatedly in my district in the Duluth-
Superior Harbor, in the Great Lakes, and is at risk of happening in the
Chesapeake Bay, the San Francisco Bay Delta Estuary, the Gulf of
Mexico, and other of our most treasured ecosystems;
Avoid public and private expenditures of millions of dollars a year
on clearing zebra mussels from intake pipes and water treatment
systems, increasing the cost of providing water and electricity to our
citizens; and help preserve native species and the natural biodiversity
of our Nation's aquatic ecosystems.
Finally, this bill includes certain exemptions which concern me. I
intend to further examine these provisions and their impacts when we
return next year. Along those lines, I would like to clarify that
nothing in the bill supersedes any requirement or prohibition under any
other law pertaining to the discharge or exchange of ballast water,
including any conditions for lifting the export ban on Alaska North
Slope crude oil.
I will not object to passage of this bill.
Mr. OBERSTAR. Mr. Speaker, further reserving the right to object, I
yield to the gentleman from Ohio [Mr. LaTourette] and compliment him
for the leadership that he has taken on authoring this legislation,
which I am proud to cosponsor and for moving it along.
(Mr. LaTOURETTE asked and was given permission to revise and extend
his remarks.)
Mr. LaTOURETTE. Mr. Speaker, I thank the gentleman from Minnesota
[Mr. Oberstar] for yielding, and I thank him because he has gone above
and beyond reaching across the aisle to make sure we can get this done.
I thank the gentleman from Pennsylvania [Mr. Shuster], the gentleman
from Pennsylvania [Mr. Borski], but most of all I thank the gentleman
from New York [Mr. Boehlert] without whose persistence and shepherding
we would not be here, and I thank his staff, in particular Ben
Grumbles.
Also, Mr. Speaker, it happens to be Chairman Boehlert's birthday and
I am not going to hold him up any longer. I would hope that we could
all support this bill and I thank all my colleagues for making it
happen.
Mr. Speaker, I rise in strong support of H.R. 4283, the National
Invasive Species Act, as amended by the Senate. We arrive at this point
today due to strong bipartisan cooperation. Many concerns were raised
about the potential impact of the Senate amendments. After careful
review, I am pleased to report that the Senate amendments will not
compromise the fundamental purpose and goals of H.R. 4283.
H.R. 4283 will build upon the Nonaquatic Nuisance Prevention and
Control Act of 1990 that addressed zebra mussels and other invasive
species in the Great Lakes. However, it is important to note that H.R.
4283 is national in scope, extending a voluntary incentive-based
approach to all coasts and regions at risk. H.R. 4283 coordinates
agencies, research institutions and others to prevent and control the
introduction and spread of invasive species primarily through voluntary
ballast water exchange and management education and research.
[[Page H12147]]
Mr. Speaker, we are in the closing minutes, so I will make my
comments brief. I would like to thank Mr. Shuster for his tireless
efforts moving H.R. 4283. Additionally, I would like to extend my
thanks to Ranking Member Oberstar for his support and Ranking Member of
the Water Resources Subcommittee Mr. Borski for his time and attention
on this issue. Mr. Speaker, we would not be here today without the
stewardship and persistence of the chairman of the Water Resources
Subcommittee, Mr. Boehlert, my sincere thanks to him.
I would also like to thank the cosponsor of H.R. 4283.
I would also like to thank our colleagues in the Senate, especially
the senior Senator from Ohio, Senator Glenn, a Great Lakes champion who
has been a catalyst on this issue.
Mr. Speaker, I would be remiss if I did not take time to thank the
staffers who, unfortunately, do not get near the credit they deserve.
These men and women have spent countless hours on H.R. 4283, and they
have my deep appreciation and my thanks. I would hate to leave someone
out, but let me thank Rochelle Sturtevant of my staff, Ben Grumbles of
the Water Resources Subcommittee, the staff of the House Committee on
Resources, the House Committee on Science, as well as Allegra Cangelosi
of the Northeast-Midwest Institute.
Mr. Speaker, I ask my colleagues to support this truly bipartisan
effort that will prevent other areas throughout our Nation from facing
the costs and environmental damage that we in the Great Lakes have
witnessed.
Mr. OBERSTAR. Mr. Speaker, I join in unexpectedly wishing a happy and
well deserved birthday to my good friend from New York.
Mr. BOEHLERT. Mr. Speaker, I thank the gentleman.
Mr. Speaker, I strongly urge my colleagues to support the National
Invasive Species Act of 1996.
Mr. OBERSTAR. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore (Mr. Hansen). Is there objection to the
request of the gentleman from New York?
There was no objection.
The Clerk read the bill as follows:
H.R. 4283
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) In General.--This Act may be cited as the ``National
Invasive Species Act of 1996''.
(b) References.--Whenever in this Act an amendment or
repeal is expressed in terms of an amendment to or repeal of
a section or other provision, the reference shall be
considered to be made to a section or other provision of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4701 et seq.).
SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE
PREVENTION AND CONTROL ACT OF 1990.
(a) Findings; Definitions.--
(1) Findings.--Section 1002(a) (16 U.S.C. 4701(a)) is
amended--
(A) by striking paragraphs (2) and (3) and inserting the
following new paragraphs:
``(2) when environmental conditions are favorable,
nonindigenous species become established, may compete with or
prey upon native species of plants, fish, and wildlife, may
carry diseases or parasites that affect native species, and
may disrupt the aquatic environment and economy of affected
nearshore areas;
``(3) the zebra mussel was unintentionally introduced into
the Great Lakes and has infested--
``(A) waters south of the Great Lakes, into a good portion
of the Mississippi River drainage;
``(B) waters west of the Great Lakes, into the Arkansas
River in Oklahoma; and
``(C) waters east of the Great Lakes, into the Hudson River
and Lake Champlain;'';
(B) in paragraph (4)--
(i) by inserting ``by the zebra mussel and ruffe, round
goby, and other nonindigenous species'' after ``other
species''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (5), by striking the period and inserting
a semicolon; and
(D) by adding at the end the following new paragraphs:
``(6) in 1992, the zebra mussel was discovered at the
northernmost reaches of the Chesapeake Bay watershed;
``(7) the zebra mussel poses an imminent risk of invasion
in the main waters of the Chesapeake Bay;
``(8) since the Chesapeake Bay is the largest recipient of
foreign ballast water on the East Coast, there is a risk of
further invasions of other nonindigenous species;
``(9) the zebra mussel is only one example of thousands of
nonindigenous species that have become established in waters
of the United States and may be causing economic and
ecological degradation with respect to the natural resources
of waters of the United States;
``(10) since their introduction in the early 1980's in
ballast water discharges, ruffe--
``(A) have caused severe declines in populations of other
species of fish in Duluth Harbor (in Minnesota and
Wisconsin);
``(B) have spread to Lake Huron; and
``(C) are likely to spread quickly to most other waters in
North America if action is not taken promptly to control
their spread;
``(11) examples of nonindigenous species that, as of the
date of enactment of the National Invasive Species Act of
1996, infest coastal waters of the United States and that
have the potential for causing adverse economic and
ecological effects include--
``(A) the mitten crab (Eriocher sinensis) that has become
established on the Pacific Coast;
``(B) the green crab (Carcinus maenas) that has become
established in the coastal waters of the Atlantic Ocean;
``(C) the brown mussel (Perna perna) that has become
established along the Gulf of Mexico; and
``(D) certain shellfish pathogens;
``(12) many aquatic nuisance vegetation species, such as
Eurasian watermilfoil, hydrilla, water hyacinth, and water
chestnut, have been introduced to waters of the United States
from other parts of the world causing or having a potential
to cause adverse environmental, ecological, and economic
effects;
``(13) if preventive management measures are not taken
nationwide to prevent and control unintentionally introduced
nonindigenous aquatic species in a timely manner, further
introductions and infestations of species that are as
destructive as, or more destructive than, the zebra mussel or
the ruffe infestations may occur;
``(14) once introduced into waters of the United States,
aquatic nuisance species are unintentionally transported and
introduced into inland lakes and rivers by recreational
boaters, commercial barge traffic, and a variety of other
pathways; and
``(15) resolving the problems associated with aquatic
nuisance species will require the participation and
cooperation of the Federal Government and State governments,
and investment in the development of prevention
technologies.''.
(2) Definitions.--Section 1003 (16 U.S.C. 4702) is
amended--
(A) by striking paragraph (1) and redesignating paragraphs
(2) through (8) as paragraphs (1) through (7), respectively;
(B) in paragraph (2), as redesignated by subparagraph (A)
of this paragraph, by striking ``assistant Secretary'' and
inserting ``Assistant Secretary'';
(C) by redesignating paragraphs (9) through (15) as
paragraphs (11) through (17), respectively; and
(D) by inserting after paragraph (7), as redesignated by
subparagraph (A) of this paragraph, the following:
``(8) `Great Lakes region' means the 8 States that border
on the Great Lakes;
``(9) `Indian tribe' means any Indian tribe, band, nation,
or other organized group or community, including any Alaska
Native village or regional corporation (as defined in or
established pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)) that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians;
``(10) `interstate organization' means an entity--
``(A) established by--
``(i) an interstate compact that is approved by Congress;
``(ii) a Federal statute; or
``(iii) a treaty or other international agreement with
respect to which the United States is a party; and
``(B)(i) that represents 2 or more--
``(I) States or political subdivisions thereof; or
``(II) Indian tribes; or
``(ii) that represents--
``(I) 1 or more States or political subdivisions thereof;
and
``(II) 1 or more Indian tribes; or
``(iii) that represents the Federal Government and 1 or
more foreign governments; and
``(C) has jurisdiction over, serves as forum for
coordinating, or otherwise has a role or responsibility for
the management of, any land or other natural resource;''.
(b) Aquatic Nuisance Species Control Program.--
(1) Amendment to heading.--The heading to subtitle B (16
U.S.C. 4711 et seq.) is amended to read as follows:
``Subtitle B--Prevention of Unintentional Introductions of
Nonindigenous Aquatic Species''.
(2) Aquatic nuisance species.--Section 1101 (16 U.S.C.
4711) is amended to read as follows:
``SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED
STATES.
``(a) Great Lakes Guidelines.--
``(1) In general.--Not later than 6 months after the date
of enactment of this Act, the Secretary shall issue voluntary
guidelines to prevent the introduction and spread of aquatic
nuisance species into the Great Lakes through the exchange of
ballast water of vessels prior to entering those waters.
``(2) Content of guidelines.--The guidelines issued under
this subsection shall--
``(A) ensure to the maximum extent practicable that ballast
water containing aquatic nuisance species is not discharged
into the Great Lakes;
``(B) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each vessel;
[[Page H12148]]
``(C) take into consideration different vessel operating
conditions; and
``(D) be based on the best scientific information
available.
``(b) Regulations.--
``(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with
the Task Force, shall issue regulations to prevent the
introduction and spread of aquatic nuisance species into the
Great Lakes through the ballast water of vessels.
``(2) Content of regulations.--The regulations issued under
this subsection shall--
``(A) apply to all vessels equipped with ballast water
tanks that enter a United States port on the Great Lakes
after operating on the waters beyond the exclusive economic
zone;
``(B) require a vessel to--
``(i) carry out exchange of ballast water on the waters
beyond the exclusive economic zone prior to entry into any
port within the Great Lakes;
``(ii) carry out an exchange of ballast water in other
waters where the exchange does not pose a threat of
infestation or spread of aquatic nuisance species in the
Great Lakes and other waters of the United States, as
recommended by the Task Force under section 1102(a)(1); or
``(iii) use environmentally sound alternative ballast water
management methods if the Secretary determines that such
alternative methods are as effective as ballast water
exchange in preventing and controlling infestations of
aquatic nuisance species;
``(C) 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.);
``(D) provide for sampling procedures to monitor compliance
with the requirements of the regulations;
``(E) prohibit the operation of a vessel in the Great Lakes
if the master of the vessel has not certified to the
Secretary or the Secretary's designee by not later than the
departure of that vessel from the first lock in the St.
Lawrence Seaway that the vessel has complied with the
requirements of the regulations;
``(F) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each vessel;
``(G) take into consideration different operating
conditions; and
``(H) be based on the best scientific information
available.
``(3) Additional regulations.--In addition to promulgating
regulations under paragraph (1), the Secretary, in
consultation with the Task Force, shall, not later than
November 4, 1994, issue regulations to prevent the
introduction and spread of aquatic nuisance species into the
Great Lakes through ballast water carried on vessels that
enter a United States port on the Hudson River north of the
George Washington Bridge.
``(4) Education and technical assistance programs.--The
Secretary may carry out education and technical assistance
programs and other measures to promote compliance with the
regulations issued under this subsection.
``(c) Voluntary National Guidelines.--
``(1) In general.--Not later than 1 year after the date of
enactment of the National Invasive Species Act of 1996, and
after providing notice and an opportunity for public comment,
the Secretary shall issue voluntary guidelines to prevent the
introduction and spread of nonindigenous species in waters of
the United States by ballast water operations and other
operations of vessels equipped with ballast water tanks.
``(2) Content of guidelines.--The voluntary guidelines
issued under this subsection shall--
``(A) ensure to the maximum extent practicable that aquatic
nuisance species are not discharged into waters of the United
States from vessels;
``(B) apply to all vessels equipped with ballast water
tanks that operate in waters of the United States;
``(C) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each vessel;
``(D) direct a vessel that is carrying ballast water into
waters of the United States after operating beyond the
exclusive economic zone to--
``(i) carry out the exchange of ballast water of the vessel
in waters beyond the exclusive economic zone;
``(ii) exchange the ballast water of the vessel in other
waters where the exchange does not pose a threat of
infestation or spread of nonindigenous species in waters of
the United States, as recommended by the Task Force under
section 1102(a)(1); or
``(iii) use environmentally sound alternative ballast water
management methods, including modification of the vessel
ballast water tanks and intake systems, if the Secretary
determines that such alternative methods are at least as
effective as ballast water exchange in preventing and
controlling infestations of aquatic nuisance species;
``(E) direct vessels to carry out management practices that
the Secretary determines to be necessary to reduce the
probability of unintentional nonindigenous species transfer
resulting from--
``(i) ship operations other than ballast water discharge;
and
``(ii) ballasting practices of vessels that enter waters of
the United States with no ballast water on board;
``(F) provide for the keeping of records that shall be
submitted to the Secretary, as prescribed by the guidelines,
and that shall be maintained on board each vessel and made
available for inspection, upon request of the Secretary and
in a manner consistent with subsection (i), in order to
enable the Secretary to determine compliance with the
guidelines, including--
``(i) with respect to each ballast water exchange referred
to in clause (ii), reporting on the precise location and
thoroughness of the exchange; and
``(ii) any other information that the Secretary considers
necessary to assess the rate of effective compliance with the
guidelines;
``(G) provide for sampling procedures to monitor compliance
with the guidelines;
``(H) take into consideration--
``(i) vessel types;
``(ii) variations in the characteristics of point of origin
and receiving water bodies;
``(iii) variations in the ecological conditions of waters
and coastal areas of the United States; and
``(iv) different operating conditions;
``(I) be based on the best scientific information
available;
``(J) 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
``(K) provide an exemption from ballast water exchange
requirements to passenger vessels with operating ballast
water systems that are equipped with treatment systems
designed to kill aquatic organisms in ballast water, unless
the Secretary determines that such treatment systems are less
effective than ballast water exchange at reducing the risk of
transfers of invasive species in the ballast water of
passenger vessels; and
``(L) not apply to crude oil tankers engaged in the
coastwise trade.
``(3) Education and technical assistance programs.--Not
later than 1 year after the date of enactment of the National
Invasive Species Act of 1996, the Secretary shall carry out
education and technical assistance programs and other
measures to encourage compliance with the guidelines issued
under this subsection.
``(d) Report to Congress.--Not sooner than 24 months after
the date of issuance of guidelines pursuant to subsection (c)
and not later than 30 months after such date, and after
consultation with interested and affected persons, the
Secretary shall prepare and submit to Congress a report
containing the information required pursuant to paragraphs
(1) and (2) of subsection (e).
``(e) Periodic Review and Revision.--
``(1) In general.--Not later than 3 years after the date of
issuance of guidelines pursuant to subsection (c), and not
less frequently than every 3 years thereafter, the Secretary
shall, in accordance with criteria developed by the Task
Force under paragraph (3)--
``(A) assess the compliance by vessels with the voluntary
guidelines issued under subsection (c) and the regulations
promulgated under this Act;
``(B) establish the rate of compliance that is based on the
assessment under subparagraph (A);
``(C) assess the effectiveness of the voluntary guidelines
and regulations referred to in subparagraph (A) in reducing
the introduction and spread of aquatic nuisance species by
vessels; and
``(D) as necessary, on the basis of the best scientific
information available--
``(i) revise the guidelines and regulations referred to in
subparagraph (A);
``(ii) promulgate additional regulations pursuant to
subsection (f)(1); or
``(iii) carry out each of clauses (i) and (ii).
``(2) Special review and revision.--Not later than 90 days
after the Task Force makes a request to the Secretary for a
special review and revision for coastal and inland waterways
designated by the Task Force, the Secretary shall--
``(A) conduct a special review of guidelines and
regulations applicable to those waterways in accordance with
the review procedures under paragraph (1); and
``(B) as necessary, in the same manner as provided under
paragraph (1)(D)--
``(i) revise those guidelines;
``(ii) promulgate additional regulations pursuant to
subsection (f)(1); or
``(iii) carry out each of clauses (i) and (ii).
``(3) Criteria for effectiveness.--Not later than 18 months
after the date of enactment of the National Invasive Species
Act of 1996, the Task Force shall submit to the Secretary
criteria for determining the adequacy and effectiveness of
the voluntary guidelines issued under subsection (c).
``(f) Authority of Secretary.--
``(1) General regulations.--If, on the basis of a periodic
review conducted under subsection (e)(1) or a special review
conducted under subsection (e)(2), the Secretary determines
that--
``(A) the rate of effective compliance (as determined by
the Secretary) with the guidelines issued pursuant to
subsection (c) is inadequate; or
``(B) the reporting by vessels pursuant to those guidelines
is not adequate for the Secretary to assess the compliance
with those guidelines and provide a rate of compliance of
vessels, including the assessment of the
[[Page H12149]]
rate of compliance of vessels under subsection (e)(2),
the Secretary shall promptly promulgate regulations that meet
the requirements of paragraph (2).
``(2) Requirements for regulations.--The regulations
promulgated by the Secretary under paragraph (1)--
``(A) shall--
``(i) not be promulgated sooner than 180 days following the
issuance of the report to Congress submitted pursuant to
subsection (d);
``(ii) make mandatory the requirements included in the
voluntary guidelines issued under subsection (c); and
``(iii) provide for the enforcement of the regulations; and
``(B) may be regional in scope.
``(3) International regulations.--The Secretary shall
revise regulations promulgated under this subsection to the
extent required to make such regulations consistent with the
treatment of a particular matter in any international
agreement, agreed to by the United States, governing
management of the transfer of nonindigenous aquatic species
by vessel.
``(g) Sanctions.--
``(1) Civil penalties.--Any person who violates a
regulation promulgated under subsection (b) or (f) shall be
liable for a civil penalty in an amount not to exceed
$25,000. Each day of a continuing violation constitutes a
separate violation. A vessel operated in violation of the
regulations is liable in rem for any civil penalty assessed
under this subsection for that violation.
``(2) Criminal penalties.--Any person who knowingly
violates the regulations promulgated under subsection (b) or
(f) is guilty of a class C felony.
``(3) Revocation of clearance.--Upon 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
issued under subsection (b) or (f).
``(4) Exception to sanctions.--This subsection does not
apply to a failure to exchange ballast water if--
``(A) 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, its crew, or its passengers; and
``(B) the recordkeeping and reporting requirements of the
Act are complied with.
``(h) Coordination With Other Agencies.--In carrying out
the programs under this section, the Secretary is encouraged
to use, to the maximum extent practicable, the expertise,
facilities, members, or personnel of established agencies and
organizations that have routine contact with vessels,
including the Animal and Plant Health Inspection Service of
the Department of Agriculture, the National Cargo Bureau,
port administrations, and ship pilots' associations.
``(i) 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.
``(j) 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.
``(k) Safety Exemption.--
``(1) Master discretion.--The master of a vessel is not
required to conduct a ballast water exchange if the master
decides that the exchange would threaten the safety or
stability of the vessel, its crew, or its passengers because
of adverse weather, vessel architectural design, equipment
failure, or any other extraordinary conditions.
``(2) Other requirements.--
``(A) In general.--Except as provided in subparagraph (B),
a vessel that does not exchange ballast water on the high
seas under paragraph (1) shall not be restricted from
discharging ballast water in any harbor.
``(B) Great lakes.--Subparagraph (A) shall not apply in a
case in which a vessel is subject to the regulations issued
by the Secretary under subsection (b).
``(l) 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 when the Secretary performs studies,
reviews compliance, determines effectiveness, establishes
requirements, or performs any other responsibilities under
this Act.''.
(3) Crude oil tanker ballast facility Study.--(A) Within 60
days of the date of enactment of this Act, the Secretary of
the department in which the Coast Guard is operating, in
consultation with the Under Secretary of Commerce for Oceans
and Atmosphere, affected shoreside ballast water facility
operators, affected crude oil tanker operators, and
interested parties, shall initiate a study of the
effectiveness of existing shoreside ballast water facilities
used by crude oil tankers in the coastwise trade off Alaska
in preventing the introduction of nonindigenous aquatic
species into the waters off Alaska, as well as the cost and
feasibility of modifying such facilities to improve such
effectiveness.
(B) The study required under subparagraph (A) shall be
submitted to the Congress by no later than October 1, 1997.
(c) National Ballast Water Management Information.--Section
1102 (16 U.S.C. 4712) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT
INFORMATION.'';
(2) in subsection (a)--
(A) in paragraphs (1) and (2), by inserting ``, in
cooperation with the Secretary,'' before ``shall conduct''
each place it appears;
(B) in paragraph (2), by inserting ``Lake Champlain and
other'' after ``economic uses of'';
(3) by striking subsection (b) and inserting the following:
``(b) Ecological and Ballast Water Discharge Surveys.--
``(1) Ecological surveys.--
``(A) In general.--The Task Force, in cooperation with the
Secretary, shall conduct ecological surveys of the Chesapeake
Bay, San Francisco Bay, and Honolulu Harbor and, as
necessary, of other estuaries of national significance and
other waters that the Task Force determines--
``(i) to be highly susceptible to invasion by aquatic
nuisance species resulting from ballast water operations and
other operations of vessels; and
``(ii) to require further study.
``(B) Requirements for surveys.--In conducting the surveys
under this paragraph, the Task Force shall, with respect to
each such survey--
``(i) examine the attributes and patterns of invasions of
aquatic nuisance species; and
``(ii) provide an estimate of the effectiveness of ballast
water management and other vessel management guidelines
issued and regulations promulgated under this subtitle in
abating invasions of aquatic nuisance species in the waters
that are the subject of the survey.
``(2) Ballast water discharge surveys.--
``(A) In general.--The Secretary, in cooperation with the
Task Force, shall conduct surveys of ballast water discharge
rates and practices in the waters referred to in paragraph
(1)(A) on the basis of the criteria under clauses (i) and
(ii) of such paragraph.
``(B) Requirements for surveys.--In conducting the surveys
under this paragraph, the Secretary shall--
``(i) examine the rate of, and trends in, ballast water
discharge in the waters that are the subject of the survey;
and
``(ii) assess the effectiveness of voluntary guidelines
issued, and regulations promulgated, under this subtitle in
altering ballast water discharge practices to reduce the
probability of accidental introductions of aquatic nuisance
species.
``(3) Columbia river.--The Secretary, in cooperation with
the Task Force and academic institutions in each of the
States affected, shall conduct an ecological and ballast
water discharge survey of the Columbia River system
consistent with the requirements of paragraphs (1) and
(2).''; and
(4) by adding at the end the following new subsections:
``(e) Regional Research Grants.--Out of amounts
appropriated to carry out this subsection for a fiscal year,
the Under Secretary may--
``(1) make available not to exceed $750,000 to fund
research on aquatic nuisance species prevention and control
in the Chesapeake Bay through grants, to be competitively
awarded and subject to peer review, to universities and
research institutions;
``(2) make available not to exceed $500,000 to fund
research on aquatic nuisance species prevention and control
in the Gulf of Mexico through grants, to be competitively
awarded and subject to peer review, to universities and
research institutions;
``(3) make available not to exceed $500,000 to fund
research on aquatic nuisance species prevention and control
for the Pacific Coast through grants, to be competitively
awarded and subject to peer review, to universities and
research institutions;
``(4) make available not to exceed $500,000 to fund
research on aquatic nuisance species prevention and control
for the Atlantic Coast through grants, to be competitively
awarded and subject to peer review, to universities and
research institutions; and
``(5) make available not to exceed $750,000 to fund
research on aquatic nuisance species prevention and control
in the San Francisco Bay-Delta Estuary through grants, to be
competitively awarded and subject to peer review, to
universities and research institutions.
``(f) National Ballast Information Clearinghouse.--
``(1) In general.--The Secretary shall develop and
maintain, in consultation and cooperation with the Task Force
and the Smithsonian Institution (acting through the
Smithsonian Environmental Research Center), a clearinghouse
of national data concerning--
``(A) ballasting practices;
``(B) compliance with the guidelines issued pursuant to
section 1101(c); and
``(C) any other information obtained by the Task Force
under subsection (b).
[[Page H12150]]
``(2) Report.--In consultation and cooperation with the
Task Force and the Smithsonian Institution (acting through
the Smithsonian Environmental Research Center), the Secretary
shall prepare and submit to the Task Force and the Congress,
on a biannual basis, a report that synthesizes and analyzes
the data referred to in paragraph (1) relating to--
``(A) ballast water delivery and management; and
``(B) invasions of aquatic nuisance species resulting from
ballast water.''.
(d) Armed Services Ballast Water Program; Ballast Water
Management Demonstration Program.--Subtitle B (16 U.S.C. 4701
et seq.) is amended by adding at the end the following new
sections:
``SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.
``(a) Department of Defense Vessels.--Subject to
operational conditions, the Secretary of Defense, in
consultation with the Secretary, the Task Force, and the
International Maritime Organization, shall implement a
ballast water management program for seagoing vessels of the
Department of Defense to minimize the risk of introduction of
nonindigenous species from releases of ballast water.
``(b) Coast Guard Vessels.--Subject to operational
conditions, the Secretary, in consultation with the Task
Force and the International Maritime Organization, shall
implement a ballast water management program for seagoing
vessels of the Coast Guard to minimize the risk of
introduction of nonindigenous species from releases of
ballast water.
``SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.
``(a) Technologies and Practices Defined.--For purposes of
this section, the term `technologies and practices' means
those technologies and practices that--
``(1) may be retrofitted--
``(A) on existing vessels or incorporated in new vessel
designs; and
``(B) on existing land-based ballast water treatment
facilities;
``(2) may be designed into new water treatment facilities;
``(3) are operationally practical;
``(4) are safe for a vessel and crew;
``(5) are environmentally sound;
``(6) are cost-effective;
``(7) a vessel operator is capable of monitoring; and
``(8) are effective against a broad range of aquatic
nuisance species.
``(b) Demonstration Program.--
``(1) In general.--During the 18-month period beginning on
the date that funds are made available by appropriations
pursuant to section 1301(e), the Secretary of the Interior
and the Secretary of Commerce, with the concurrence of and in
cooperation with the Secretary, shall conduct a ballast water
management demonstration program to demonstrate technologies
and practices to prevent aquatic nonindigenous species from
being introduced into and spread through ballast water in the
Great Lakes and other waters of the United States.
``(2) Location.--The installation and construction of the
technologies and practices used in the demonstration program
conducted under this subsection shall be performed in the
United States.
``(3) Vessel selection.--In demonstrating technologies and
practices on vessels under this subsection, the Secretary of
the Interior and the Secretary of Commerce, shall--
``(A) use only vessels that--
``(i) are approved by the Secretary;
``(ii) have ballast water systems conducive to testing
aboard-vessel or land-based technologies and practices
applicable to a significant number of merchant vessels; and
``(iii) are--
``(I) publicly or privately owned; and
``(II) in active use for trade or other cargo shipment
purposes during the demonstration;
``(B) select vessels for participation in the program by
giving priority consideration--
``(i) first, to vessels documented under chapter 121 of
title 46, United States Code;
``(ii) second, to vessels that are a majority owned by
citizens of the United States, as determined by the
Secretary; and
``(iii) third, to any other vessels that regularly call on
ports in the United States; and
``(C) seek to use a variety of vessel types, including
vessels that--
``(i) call on ports in the United States and on the Great
Lakes; and
``(ii) are operated along major coasts of the United States
and inland waterways, including the San Francisco Bay and
Chesapeake Bay.
``(4) Selection of technologies and practices.--In
selecting technologies and practices for demonstration under
this subsection, the Secretary of the Interior and the
Secretary of Commerce shall give priority consideration to
technologies and practices identified as promising by the
National Research Council Marine Board of the National
Academy of Sciences in its report on ships' ballast water
operations issued in July 1996.
``(5) Report.--Not later than 3 years after the date of
enactment of the National Invasive Species Act of 1996, the
Secretary of the Interior and the Secretary of Commerce shall
prepare and submit a report to the Congress on the
demonstration program conducted pursuant to this section. The
report shall include findings and recommendations of the
Secretary of the Interior and the Secretary of Commerce
concerning technologies and practices.
``(c) Authorities; Consultation and Cooperation With
International Maritime Organization and Task Force.--
``(1) Authorities.--In conducting the demonstration program
under subsection (b), the Secretary of the Interior may--
``(A) enter into cooperative agreements with appropriate
officials of other agencies of the Federal Government,
agencies of States and political subdivisions thereof, and
private entities;
``(B) accept funds, facilities, equipment, or personnel
from other Federal agencies; and
``(C) accept donations of property and services.
``(2) Consultation and cooperation.--The Secretary of the
Interior shall consult and cooperate with the International
Maritime Organization and the Task Force in carrying out this
section.''.
(e) Amendments to Subtitle C.--
(1) Subtitle heading.--The heading to subtitle C (16 U.S.C.
4721 et seq.) is amended to read as follows:
``Subtitle C--Prevention and Control of Aquatic Nuisance Species
Dispersal''.
(2) Task force.--Section 1201 (16 U.S.C. 4721) is amended--
(A) in subsection (b)--
(i) by striking ``and'' at the end of paragraph (5);
(ii) by redesignating paragraph (6) as paragraph (7); and
(iii) by inserting after paragraph (5) the following new
paragraph:
``(6) the Secretary of Agriculture; and''; and
(B) in subsection (c), by inserting ``the Chesapeake Bay
Program, the San Francisco Bay-Delta Estuary Program,''
before ``and State agencies''.
(3) Research program.--Section 1202 (16 U.S.C. 4722) is
amended--
(A) in subsection (f)(1)(A), by inserting ``and impacts''
after ``economic risks''; and
(B) in subsection (i)--
(i) in paragraph (1)--
(I) by striking ``(1) In general.--The Task Force'' and
inserting the following:
``(1) Zebra mussel.--
``(A) In general.--The Task Force'';
(II) by striking ``(A) research'' and inserting the
following:
``(i) research'';
(III) by striking ``(B) tracking'' and inserting the
following:
``(ii) tracking'';
(IV) by striking ``(C) development'' and inserting the
following:
``(iii) development''; and
(V) by striking ``(D) provision'' and inserting the
following:
``(iv) provision'';
(ii) in paragraph (2), by striking ``(2) Public facility
research and development.--'' and inserting the following:
``(B) Public facility research and development.--'';
(iii) in subparagraph (B) of paragraph (1), as so
redesignated, by striking the first sentence and inserting
the following: ``The Assistant Secretary, in consultation
with the Task Force, shall develop a program of research,
technology development, and demonstration for the
environmentally sound control of zebra mussels in and around
public facilities.'';
(iv) in paragraph (1), by adding after subparagraph (B), as
so redesignated, the following new subparagraph:
``(C) Voluntary guidelines.--Not later than 1 year after
the date of enactment of this subparagraph, the Task Force
shall develop and submit to the Secretary voluntary
guidelines for controlling the spread of the zebra mussel
and, if appropriate, other aquatic nuisance species through
recreational activities, including boating and fishing. Not
later than 4 months after the date of such submission, and
after providing notice and an opportunity for public comment,
the Secretary shall issue voluntary guidelines that are based
on the guidelines developed by the Task Force under this
subparagraph.''; and
(v) by adding at the end the following new paragraphs:
``(2) Dispersal containment analysis.--
``(A) Research.--The Administrator of the Environmental
Protection Agency, in cooperation with the National Science
Foundation and the Task Force, shall provide research grants
on a competitive basis for projects that--
``(i) identify environmentally sound methods for
controlling the dispersal of aquatic nuisance species, such
as the zebra mussel; and
``(ii) adhere to research protocols developed pursuant to
subsection (f)(2).
``(B) Authorization of appropriations.--There are
authorized to be appropriated to the Environmental Protection
Agency to carry out this paragraph, $500,000.
``(3) Dispersal barrier demonstration.--
``(A) In general.--The Assistant Secretary, in consultation
with the Task Force, shall investigate and identify
environmentally sound methods for preventing and reducing the
dispersal of aquatic nuisance species between the Great
Lakes-Saint Lawrence drainage and the Mississippi River
drainage through the Chicago River Ship and Sanitary Canal,
including any of those methods that could be incorporated
into the operation or construction of the lock system of the
Chicago River Ship and Sanitary Canal.
``(B) Report.--Not later than 18 months after the date of
enactment of this paragraph, the Assistant Secretary shall
issue a
[[Page H12151]]
report to the Congress that includes recommendations
concerning--
``(i) which of the methods that are identified under the
study conducted under this paragraph are most promising with
respect to preventing and reducing the dispersal of aquatic
nuisance species; and
``(ii) ways to incorporate those methods into ongoing
operations of the United States Army Corps of Engineers that
are conducted at the Chicago River Ship and Sanitary Canal.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to the Department of the Army,
to carry out this paragraph, $750,000.
``(4) Contributions.--To the extent allowable by law, in
carrying out the studies under paragraphs (2) and (3), the
Administrator of the Environmental Protection Agency and the
Secretary of the Army may enter into an agreement with an
interested party under which that party provides in kind or
monetary contributions for the study.
``(5) Technical assistance.--The Great Lakes Environmental
Research Laboratory of the National Oceanic and Atmospheric
Administration shall provide technical assistance to
appropriate entities to assist in the research conducted
pursuant to this subsection.''.
(4) Implementation.--Section 1202(j)(1) (16 U.S.C.
4722(j)(1)) is amended by striking ``Not later than 18 months
after the date of the enactment of this Act, the Director''
and inserting ``The Director, the Secretary,''.
(5) Regional Coordination.--Section 1203 (16 U.S.C. 4723)
is amended--
(A) by striking the section heading and inserting the
following:
``SEC. 1203. REGIONAL COORDINATION.'';
(B) in subsection (a)--
(i) by striking ``(a) In General.--Not'' and inserting the
following:
``(a) Great Lakes Panel.--
``(1) In general.--Not'';
(ii) by striking ``(1) identify'' and inserting the
following:
``(A) identify'';
(iii) by striking ``(2) make'' and inserting the following:
``(B) make'';
(iv) by striking ``(3) assist'' and inserting the
following:
``(C) assist'';
(v) by striking ``(4) coordinate'' and inserting the
following:
``(D) coordinate'';
(vi) by striking ``(5) provide'' and inserting the
following:
``(E) provide'';
(vii) by striking ``(6) submit'' and inserting the
following:
``(F) submit'';
(viii) in paragraph (1), as so redesignated--
(I) in the matter preceding subparagraph (A), by inserting
``region'' before ``representatives''; and
(II) in subparagraphs (A) through (F), by striking ``Great
Lakes'' each place it appears and inserting ``Great Lakes
region'';
(C) by striking ``(b) Consultation.--The Task Force'' and
inserting the following:
``(2) Consultation.--The Task Force'';
(D) by striking ``(c) Canadian Participation.--The panel''
and inserting the following:
``(3) Canadian participation.--The panel'';
(E) in paragraphs (2) and (3) of subsection (a), as so
redesignated, by striking ``this section'' and inserting
``this subsection''; and
(F) by adding at the end the following new subsections:
``(b) Western Regional Panel.--Not later than 30 days after
the date of enactment of the National Invasive Species Act of
1996, the Task Force shall request a Western regional panel,
comprised of Western region representatives from Federal,
State, and local agencies and from private environmental and
commercial interests, to--
``(1) identify priorities for the Western region with
respect to aquatic nuisance species;
``(2) make recommendations to the Task Force regarding an
education, monitoring (including inspection), prevention, and
control program to prevent the spread of the zebra mussel
west of the 100th Meridian pursuant to section 1202(i) of
this Act;
``(3) coordinate, where possible, other aquatic nuisance
species program activities in the Western region that are not
conducted pursuant to this Act;
``(4) develop an emergency response strategy for Federal,
State, and local entities for stemming new invasions of
aquatic nuisance species in the region;
``(5) provide advice to public and private individuals and
entities concerning methods of preventing and controlling
aquatic nuisance species infestations; and
``(6) submit annually a report to the Task Force describing
activities within the Western region related to aquatic
nuisance species prevention, research, and control.
``(c) Additional Regional Panels.--The Task Force shall--
``(1) encourage the development and use of regional panels
and other similar entities in regions in addition to the
Great Lakes and Western regions (including providing
financial assistance for the development and use of such
entities) to carry out, with respect to those regions,
activities that are similar to the activities described in
subsections (a) and (b); and
``(2) cooperate with regional panels and similar entities
that carry out the activities described in paragraph (1).''.
(6) State or interstate watershed aquatic nuisance species
management plan.--Section 1204 (16 U.S.C. 4724) is amended--
(A) in subsection (a)--
(i) by striking the subsection designation and heading and
inserting the following:
``(a) State or Interstate Invasive Species Management
Plans.--'';
(ii) in paragraph (1)--
(I) by striking the matter preceding subparagraph (A) and
inserting the following:
``(1) In general.--After providing notice and opportunity
for public comment, the Governor of each State may prepare
and submit, or the Governors of the States and the
governments of the Indian tribes involved in an interstate
organization, may jointly prepare and submit--'';
(II) in subparagraph (A), by striking ``technical and
financial assistance'' and inserting ``technical,
enforcement, or financial assistance (or any combination
thereof)''; and
(III) in subparagraphs (A) and (B), by inserting ``or
within the interstate region involved'' after ``within the
State'' each place it appears;
(iii) in paragraph (2)--
(I) in subparagraph (B), by striking ``and'' at the end of
the subparagraph;
(II) by redesignating subparagraph (C) as subparagraph (D);
(III) by inserting after subparagraph (B) the following:
``(C) identify any authority that the State (or any State
or Indian tribe involved in the interstate organization) does
not have at the time of the development of the plan that may
be necessary for the State (or any State or Indian tribe
involved in the interstate organization) to protect public
health, property, and the environment from harm by aquatic
nuisance species; and''; and
(IV) in subparagraph (D), as so redesignated, by inserting
``, and enabling legislation'' before the period;
(iv) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by inserting ``or interstate organization'' after
``the State''; and
(bb) by inserting ``Indian tribes,'' after ``local
governments and regional entities,''; and
(II) in subparagraph (B), by inserting ``or the appropriate
official of an interstate organization'' after ``a State'';
and
(v) in paragraph (4), by inserting ``or the interstate
organization'' after ``the Governor'';
(B) in subsection (b)(1)--
(i) by striking ``or the Assistant Secretary, as
appropriate under subsection (a),''; and
(ii) by striking ``approved management plans'' and
inserting ``management plans approved under subsection (a)'';
and
(C) by adding at the end the following new subsection:
``(c) Enforcement Assistance.--Upon request of a State or
Indian tribe, the Director or the Under Secretary, to the
extent allowable by law and in a manner consistent with
section 141 of title 14, United States Code, may provide
assistance to a State or Indian tribe in enforcing an
approved State or interstate invasive species management
plan.''.
(f) Authorizations of Appropriations.--Section 1301 (16
U.S.C. 4741) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking paragraph (3) and inserting the following;
``(3) to the Secretary to carry out section 1101--
``(A) $2,000,000 for each of fiscal years 1997 and 1998;
and
``(B) $3,000,000 for each of fiscal years 1999 through
2002;''; and
(C) by adding at the end the following new paragraphs:
``(4) for each of fiscal years 1997 through 2002, to carry
out paragraphs (1) and (2) of section 1102(b)--
``(A) $1,000,000 to the Department of the Interior, to be
used by the Director; and
``(B) $1,000,000 to the Secretary; and
``(5) for each of fiscal years 1997 through 2002--
``(A) $3,000,000, which shall be made available from funds
otherwise authorized to be appropriated if such funds are so
authorized, to the Under Secretary to carry out section
1102(e); and
``(B) $500,000 to the Secretary to carry out section
1102(f).'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``1991, 1992, 1993, 1994, and 1995'' and inserting ``1997
through 2002''; and
(B) by striking paragraphs (1) through (7) and inserting
the following:
``(1) $6,000,000 to the Department of the Interior, to be
used by the Director to carry out sections 1202 and 1209;
``(2) $1,000,000 to the Department of Commerce, to be used
by the Under Secretary to carry out section 1202;
``(3) $1,625,000, which shall be made available from funds
otherwise authorized to be appropriated if such funds are so
authorized, to fund aquatic nuisance species prevention and
control research under section 1202(i) at the Great Lakes
Environmental Research Laboratory of the National Oceanic and
Atmospheric Administration, of which $500,000 shall be made
available for grants, to be competitively awarded and subject
to peer review, for research relating to Lake Champlain;
[[Page H12152]]
``(4) $5,000,000 for competitive grants for university
research on aquatic nuisance species under section 1202(f)(3)
as follows:
``(A) $2,800,000, which shall be made available from funds
otherwise authorized to be appropriated if such funds are so
authorized, to fund grants under section 205 of the National
Sea Grant College Program Act (33 U.S.C. 1124);
``(B) $1,200,000 to fund grants to colleges for the benefit
of agriculture and the mechanic arts referred to in the first
section of the Act of August 30, 1890 (26 Stat. 417, chapter
841; 7 U.S.C. 322); and
``(C) $1,000,000 to fund grants through the Cooperative
Fisheries and Wildlife Research Unit Program of the United
States Fish and Wildlife Service;
``(5) $3,000,000 to the Department of the Army, to be used
by the Assistant Secretary to carry out section
1202(i)(1)(B); and
``(6) $300,000 to the Department of the Interior, to be
used by the Director to fund regional panels and similar
entities under section 1203, of which $100,000 shall be used
to fund activities of the Great Lakes Commission.'';
(3) by striking subsection (c) and inserting the following:
``(c) Grants for State Management Programs.--There are
authorized to be appropriated for each of fiscal years 1997
through 2002 $4,000,000 to the Department of the Interior, to
be used by the Director for making grants under section 1204,
of which $1,500,000 shall be used by the Director, in
consultation with the Assistant Secretary, for management of
aquatic nuisance vegetation species.''; and
(4) by adding at the end the following new subsections:
``(e) Ballast Water Management Demonstration Program.--
There are authorized to be appropriated $2,500,000 to carry
out section 1104.
``(f) Research.--There are authorized to be appropriated to
the Director $1,000,000 to carry out research on the
prevention, monitoring, and control of aquatic nuisance
species in Narragansett Bay, Rhode Island. The funds shall be
made available for use by the Department of Environmental
Management of the State of Rhode Island.
(g) References to Appropriate Committees.--The Act (16
U.S.C. 4701 et seq.) is amended by striking ``appropriate
Committees'' each place it appears and inserting
``Congress''.
(h) Technical Corrections.--Public Law 101-646 (16 U.S.C.
4701 et seq.) is amended--
(1) in titles I, II, and IV, by striking the quotation
marks at the beginning of any title, subtitle, section,
subsection, paragraph, subparagraph, clause, subclause, or
undesignated provision;
(2) at the end of titles II and IV, by striking the closing
quotation marks and the final period; and
(3) in section 1003--
(A) by striking each single opening quotation mark and
inserting double opening quotation marks; and
(B) by striking each single closing quotation mark and
inserting double closing quotations marks.
SEC. 3. STATUTORY CONSTRUCTION.
Nothing in this Act or the amendments made by this Act is
intended to affect the authorities and responsibilities of
the Great Lakes Fishery Commission established under article
II of the Convention on Great Lakes Fisheries between the
United States of America and Canada, signed at Washington on
September 10, 1954 (hereafter in this section referred to as
the ``Convention''), including the authorities and
responsibilities of the Great Lakes Fishery Commission--
(1) for developing and implementing a comprehensive program
for eradicating or minimizing populations of sea lamprey in
the Great Lakes watershed; and
(2) carrying out the duties of the Commission specified in
the Convention (including any amendment thereto) and the
Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
____________________