[Congressional Record Volume 153, Number 35 (Thursday, March 1, 2007)]
[Senate]
[Pages S2490-S2493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN (for himself and Ms. Collins):
  S. 725. A bill to amend the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 to reauthorize and improve that Act; to the 
Committee on Environment and Public Works.
  Mr. LEVIN. Mr. President, today, my colleague from Maine, Senator 
Collins and I are very pleased to introduce the National Aquatic 
Invasive Species Act of 2007. This bill, which reauthorizes the 
Nonindigenous Aquatic Nuisance Prevention and Control Act, takes a 
Comprehensive approach towards addressing aquatic nuisance species to 
protect the Nation's aquatic ecosystems. Invasive species are not a new 
problem for this country, but what is so important about this bill is 
that it takes a comprehensive approach toward the problem of aquatic 
invasive species rather than just focusing on species after they are 
established and a nuisance. The bill deals with the prevention of new 
introductions of species, the screening of live aquatic organisms 
imported into the country, the rapid response to new invasions before 
they become established, and the research to implement the provisions 
of this bill.
  More than 6,500 non-indigenous invasive species have been introduced 
into the United States and have become established, self-sustaining 
populations. These species--from microorganisms to mollusks, from 
pathogens to plants, from insects to fish to animals--typically 
encounter few, if any, natural enemies in their new environments and 
often wreak havoc on native species. Aquatic nuisance species threaten 
biodiversity nationwide, especially in the Great Lakes.
  In fact, the aquatic nuisance species became a major issue for 
Congress back the late eighties when the zebra mussel was released into 
the Great Lakes. The Great Lakes still have zebra mussels, and now, 
more than 20 States are fighting to control them. They have traveled 
down the Mississippi River, then up the Arkansas River over to 
Oklahoma, and zebra mussels have been found out even in Nevada and 
California. From 1993 to 2003, rapidly multiplying zebra mussels caused 
$3 billion in damage to the Great Lakes region. Industry and 
municipalities spend millions to keep water pipes from becoming clogged 
with zebra mussels. And that is just the economic impact that one 
species has caused.
  Zebra mussels were carried over from the Mediterranean to the Great 
Lakes in the ballast tanks of ships. The leading pathway for aquatic 
invasive species was and still is maritime commerce.
  Most invasive species are contained in the water that ships use for 
ballast to maintain trim and stability. There are over 180 aquatic 
invasive species in the Great Lakes. Some of the more notorious aquatic 
invaders such as the zebra mussel and round goby were introduced into 
the Great Lakes when ships pulled into port and discharged their 
ballast water. In addition to ballast water, aquatic invaders can also 
attach themselves to ships' hulls and anchor chains.
  Because of the impact that the zebra mussel had in the Great Lakes, 
Congress passed legislation in 1990 and 1996 that has reduced, but not 
eliminated, the threat of new invasions by requiring ballast water 
management for ships entering the Great Lakes. Today, there is a 
mandatory ballast water management program in the Great Lakes, and the 
Coast Guard recently turned the voluntary ballast water exchange 
reporting requirement into a mandatory ballast water exchange program 
for all of our coasts. The current law requires that ships entering the 
Great Lakes must exchange their ballast water, seal their ballast tanks 
or use alternative treatment that is ``as effective as ballast water 
exchange.'' Unfortunately, alternative treatments have not been fully 
developed and widely tested on ships because the developers of ballast 
technology do not know what standard

[[Page S2492]]

they are trying to achieve. This obstacle is serious because 
ultimately, only on-board ballast water treatment will adequately 
reduce the threat of new aquatic nuisance species being introduced 
through ballast water.
  Our bill addresses this problem by setting a ballast discharge 
standard. After 2011, all ships that enter any U.S. port after 
operating outside the Exclusive Economic Zone of 200 miles will be 
required to use a ballast water treatment technology that meets the 
ballast technology standard. This standard is based on the standard 
proposed by the International Maritime Organization but is more 
protective of our waters by a factor of 100. The standard would ensure 
that ships discharge water that has less than 1 living organism that is 
greater than 50 micrometers per 10 cubic meters of water. If the Coast 
Guard determines in 2010 that technology is not available that can meet 
this standard, then the Coast Guard and EPA would establish a standard 
for ballast water management based on the best performance available 
that exceeds the international standard. Technology vendors and the 
maritime industry will know what standard they should be striving to 
achieve and when they will be expected to achieve it.
  I understand that ballast water technologies are being researched, 
and some are currently being tested on-board ships. The range of 
technologies includes ultraviolet lights, filters, chemicals, 
deoxygenation, ozone, and several others. Each of these technologies 
has its own merits, and each has a different price tag attached to it. 
This bill will not overburden the maritime industry with an expensive 
requirement to install technology because the market for technology to 
meet a domestic and an international standard is evolving into a 
competitive market, and that competition will provide affordable 
technology.
  Technology will always be evolving, and we hope that affordable 
technology will become available that completely eliminates the risk of 
new introductions. Therefore, it is important that the Coast Guard 
regularly review and revise the standard so that it reflects what the 
best technology currently available is.
  There are other important provisions of the bill that also address 
prevention. For instance, the bill encourages the Coast Guard to 
consult with Canada, Mexico, and other countries in developing 
guidelines to prevent the introduction and spread of aquatic nuisance 
species. The Aquatic Nuisance Species Task Force is also charged with 
conducting a pathway analysis to identify other high risk pathways for 
introduction of nuisance species and implement management strategies to 
reduce those introductions. And this legislation, establishes a process 
to screen live organisms entering the country for the first time for 
non-research purposes.
  Organisms believed to be invasive would be imported based on 
conditions that prevent them from becoming a nuisance. Such a screening 
process might have prevented such species as the Snakehead, which has 
established itself in the Potomac River here in the DC area, from being 
imported.
  The third title of this bill addresses the early detection of new 
invasions and the rapid response to invasions as well as the control of 
aquatic nuisance species that do establish themselves. If fully funded, 
this bill will provide a rapid response fund for states to implement 
emergency strategies when outbreaks occur. The bill requires the Army 
Corps of Engineers to construct and operate the Chicago Ship and 
Sanitary Canal project which includes the construction of a second 
dispersal barrier to keep species like the Asian carp from migrating up 
the Mississippi through the Canal into the Great Lakes. Equally 
important, this barrier will prevent the migration of invasive species 
in the Great Lakes from proceeding into the Mississippi system.
  Lastly, the bill authorizes additional research which will identify 
threats and the tools to address those threats.
  Though invasive species threaten the entire nation's aquatic 
ecosystem, I am particularly concerned with the damage that invasive 
species have done to the Great Lakes. There are now roughly 180 
invasive species in the Great Lakes, and on average, a new species is 
introduced every 8 months. Invasive species cause disruptions in the 
food chain which is now causing the decline of certain fish. Invasive 
species are believed to be the cause of a new dead zone in Lake Erie. 
And invasive species compete with native species for habitat.
  This bill addresses the ``NOBOB'' or No Ballast on Board problem 
which is when ships report having no ballast when they enter the Great 
Lakes. However, a layer of sediment and small bit of water that cannot 
be pumped out is still in the ballast tanks. So when water is taken on-
board and then discharged all within the Great Lakes, a new species 
that was still living in that small bit of sediment and water may be 
introduced. By requiring that these ships immediately begin saltwater 
flushing so that freshwater species cannot survive in the saltwater 
being pumped through the ballast tank, this bill addresses a very 
serious issue in the Great Lakes. In 2012, these NOBOB ships, like all 
ships, will be required to install and use ballast technology.
  All in all, the bill would cost about $150 million each year if 
authorized funding were to be fully appropriated. This is a lot of 
money, but it is a critical investment. As those of us from the Great 
Lakes know, the economic damage that invasive species can cause is much 
greater. The zebra mussel, which is just 1 of the 180 species that has 
invaded the Great Lakes, has caused $3 billion in economic damage over 
10 years. Imagine what the cost of zebra mussels is to all of the 
states that are now dealing with them. Compared to the annual cost of 
zebra mussels and the hundreds of other aquatic invasive species, the 
cost of this bill is more than reasonable. Therefore, I urge my 
colleagues to cosponsor this legislation and work to move the bill 
swiftly through the Senate.
  Ms. COLLINS. Mr. President, from Pickerel Pond to Lake Auburn, from 
Sebago Lake to Bryant Pond, lakes and ponds in Maine are under attack. 
Aquatic invasive species threaten Maine's drinking water systems, 
recreation, wildlife habitat, lakefront real estate, and fisheries. 
Plants, such as Variable Leaf Milfoil, are crowding out native species. 
Invasive Asian shore crabs are taking over Southern New England's tidal 
pools and have advanced well into Maine--to the potential detriment of 
Maine's lobster and clam industries.
  I rise today to join Senator Levin in introducing legislation to 
address this problem. The National Aquatic Invasive Species Act of 2007 
would create the most comprehensive nationwide approach to date for 
combating alien species that invade our shores.
  The stakes are high when invasive species are unintentionally 
introduced into our Nation's waters. They endanger ecosystems, reduce 
biodiversity, and threaten native species. They disrupt people's lives 
and livelihoods by lowering property values, impairing commercial 
fishing and aquaculture, degrading recreational experiences, and 
damaging public water supplies.
  In the 1950s, European Green Crabs swarmed the Maine coast and 
literally ate the bottom out of Maine's soft-shell clam industry by the 
1980s. Many clam diggers were forced to go after other fisheries or 
find new vocations. In just one decade, this invader reduced the number 
of clam diggers in Maine from nearly 5,000 in the 1940s to fewer than 
1500 in the 1950s. European green crabs currently cost an estimated $44 
million a year in damage and control efforts in the United States.
  Past invasions forewarn of the long-term consequences to our 
environment and communities unless we take steps to prevent new 
invasions. It is too late to stop European green crabs from taking hold 
on the East Coast, but we still have the opportunity to prevent many 
other species from taking hold in Maine and the United States.
  Senator Levin and I first introduced a version of this legislation in 
late 2002. Unfortunately, in the subsequent years in which Congress has 
failed to act on our legislation, a number of new invasive species have 
taken hold in Maine. North America's most aggressive invasive species--
hydrilla--was found shortly after we first introduced our legislation. 
This stubborn and fast-growing aquatic plant has taken hold in Pickerel 
Pond in the Town of Limerick, ME. This plant is now found throughout 
Pickerel Pond, where it diminishes recreational use for swimmers and 
boaters.

[[Page S2493]]

  Eurasian Milfoil is another invasive which has taken hold since our 
legislation was first introduced. Maine was the last of the lower 48 
States to be free of this stubborn and fast-growing invasive plant. 
Eurasian Milfoil degrades water quality by displacing native plants, 
fish and other aquatic species. The plant forms stems reaching up to 20 
feet high that cause fouling problems for swimmers and boaters. In 
total, there are now 27 documented cases of aquatic invasive species 
infesting Maine's lakes and ponds.
  When considering the impact of these invasive species, it is 
important to note the tremendous value of our lakes and ponds. While 
their contribution to our quality of life is priceless, their value to 
our economy is more measurable. Maine's Great Ponds generate nearly 13 
million recreational user days each year, lead to more than $1.2 
billion in annual income for Maine residents, and support more than 
50,000 jobs.
  With so much at stake, Mainers are taking action to stop the spread 
of invasive species into our State's waters. The State of Maine has 
made it illegal to sell, possess, cultivate, import or introduce 11 
invasive aquatic plants. Boaters participating in the Maine Lake and 
River Protection Sticker program are providing needed funding to aid 
efforts to prevent, detect and manage aquatic invasive plants. 
Volunteers are participating in the Courtesy Boat Inspection program to 
keep aquatic invasive plants out of Maine lakes. Before launch or after 
removal, inspectors ask boaters for permission to inspect the boat, 
trailer or other equipment for plants.
  While I am proud of the actions that Maine and many other States are 
taking to protect against invasive species, all too often their efforts 
have not been enough. Protecting the integrity of our lakes, streams, 
and coastlines from invading species cannot be accomplished by 
individual states alone. We need a uniform, nationwide approach to deal 
effectively with invasive species. The National Aquatic Invasive 
Species Act of 2007 will help my State and States throughout the Nation 
detect, prevent and respond to aquatic invasive species.
  The National Aquatic Invasive Species Act of 2007 would be the most 
comprehensive effort ever undertaken to address the threat of invasive 
species. By authorizing $150 million per year, this legislation would 
open numerous new fronts in our war against invasive species. The bill 
directs the Coast Guard to develop regulations that will end the easy 
cruise of invasive species into US waters through the ballast water of 
international ships, and would provide the Coast Guard with $6 million 
per year to develop and implement these regulations.
  The bill also would provide $30 million per year for a grant program 
to assist State efforts to prevent the spread of invasive species. It 
would provide additional funds for the Army Corps of Engineers and Fish 
and Wildlife Service to contain and control invasive species. Finally, 
the Levin-Collins bill would authorize $30 million annually for 
research, education, and outreach.
  The most effective means of stopping invading species is to attack 
them before they attack us. We need an early alert, rapid response 
system to combat invading species before they have a chance to take 
hold. For the first time, this bill would establish a national 
monitoring network to detect newly introduced species, while providing 
$25 million to the Secretary of the Interior to create a rapid response 
fund to help States and regions respond quickly once invasive species 
have been detected. This bill is our best effort at preventing the next 
wave of invasive species from taking hold and decimating industries and 
destroying waterways in Maine and throughout the country.
  One of the leading pathways for the introduction of aquatic organisms 
to U.S. waters from abroad is through transoceanic vessels. Commercial 
vessels fill and release ballast tanks with seawater as a means of 
stabilization. The ballast water contains live organisms from plankton 
to adult fish that are transported and released through this pathway. 
Our legislation would require all ships, with limited exceptions, to 
meet environmentally protective performance standards for ballast water 
discharge by 2012. In addition, it would establish a mandatory ballast 
water management program that includes invasive species management 
plans, ballast management reporting requirements, and best management 
practices for all ships in US waters.
  The National Aquatic Invasive Species Act of 2007 offers a strong 
framework to combat aquatic invasive species. I call on my colleagues 
to help us enact this legislation in order to protect our waters, 
ecosystems, and industries from destructive invasive species--before 
even more of them take hold in our lakes and rivers and along our 
coastlines.
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