II 

110TH CONGRESS 

1ST SESSION S. 725 

To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act 

of 1990 to reauthorize and improve that Act. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Aquatic Invasive Species Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 


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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. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) aquatic invasive species are second only to 

4 habitat destruction as a cause of permanent losses 

5 in biological diversity of aquatic ecosystems of the 

6 United States; 


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1 (2) aquatic invasive species continue to be in2 troduced into waters of the United States at an un3 acceptable rate; 

4 (3) aquatic invasive species damage infrastruc5 ture, disrupt commerce, out compete native species, 

6 reduce biodiversity, and threaten human health; 

7 (4) the direct and indirect costs of aquatic 

8 invasive species to the economy of the United States 

9 amount to billions of dollars per year; 

10 (5) in the Great Lakes region, approximately 

11 $3,000,000,000 has been spent in the past 10 years 

12 to mitigate the damage caused by a single invasive 

13 species, the zebra mussel; 

14 (6) wetlands suffer compound impacts from— 

15 (A) aquatic infestations (such as Hydrilla); 

16 and 

17 (B) riparian infestations (such as Purple 

18 Loosestrife); 

19 (7) prevention of aquatic invasive species is the 

20 most environmentally sound and cost-effective man21 agement approach because once established, aquatic 

22 invasive species are costly, and sometimes impossible 

23 to control; 

24 (8) to be effective, the prevention, early detec25 tion, and control of and rapid response to aquatic 


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1 invasive species should be coordinated regionally, na2 tionally, and internationally; 

3 (9) pathway management is the most promising 

4 approach to reducing unplanned introductions of 

5 aquatic invasive species; 

6 (10) consistent national screening criteria are 

7 needed to evaluate the potential risk of nonindige8 nous aquatic species; 

9 (11) States and regions have— 

10 (A) unique vulnerabilities with respect to 

11 aquatic invasive species; and 

12 (B) unique means for addressing aquatic 

13 invasive species; 

14 (12) to accurately identify and manage high 

15 risk pathways, it is essential to carry out a com16 prehensive research program that— 

17 (A) monitors pathways and ecosystems to 

18 detect the establishment and spread of invasive 

19 species; 

20 (B) develops and demonstrates effective 

21 methods for the management and control of 

22 invasive species; and 

23 (C) monitors the success of efforts to pre24 vent and control invasive species; and 


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1 (13) it is in the interest of the United States 

2 to— 

3 (A) carry out a comprehensive and thor4 ough program to research, prevent, manage, 

5 and control the introduction of aquatic species 

6 that may become invasive; and 

7 (B) to the maximum extent practicable, co8 ordinate the program described in subpara9 graph (A) with neighboring nations and other 

10 programs being carried out globally. 

11 SEC. 3. DEFINITIONS. 

12 Section 1003 of the Nonindigenous Aquatic Nuisance 

13 Prevention and Control Act of 1990 (16 U.S.C. 4702) is 

14 amended to read as follows: 

15 ‘‘SEC. 1003. DEFINITIONS. 

16 ‘‘In this Act: 

17 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis18 trator’ means the Administrator of the Environ19 mental Protection Agency. 

20 ‘‘(2) AQUATIC ECOSYSTEM.—The term ‘aquatic 

21 ecosystem’ means a freshwater, marine, or estuarine 

22 environment (including inland waters and wetlands), 

23 located wholly in the United States. 

24 ‘‘(3) AQUATIC ORGANISM.— 


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1 ‘‘(A) IN GENERAL.—The term ‘aquatic or2 ganism’ means a living animal, plant, fungus, 

3 or microorganism inhabiting or reproducing in 

4 an aquatic ecosystem. 

5 ‘‘(B) INCLUSIONS.—The term ‘aquatic or6 ganism’ includes— 

7 ‘‘(i) seeds; 

8 ‘‘(ii) eggs; 

9 ‘‘(iii) spores; and 

10 ‘‘(iv) any other viable biological mate11 rial. 

12 ‘‘(4) ASSISTANT SECRETARY.—The term ‘As13 sistant Secretary’ means the Assistant Secretary of 

14 the Army for Civil Works. 

15 ‘‘(5) BALLAST WATER.— 

16 ‘‘(A) IN GENERAL.—The term ‘ballast 

17 water’ means— 

18 ‘‘(i) any water (including matter sus19 pended in the water) taken on board a ves20 sel to control trim, list, draught, stability, 

21 or stress of the vessel; and 

22 ‘‘(ii) any water placed into a ballast 

23 tank during cleaning, maintenance, or any 

24 other operation. 


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1 ‘‘(B) EXCLUSION.—The term ‘ballast 

2 water’ does not include water that, at the time 

3 of discharge of the water— 

4 ‘‘(i) does not contain any aquatic 

5 invasive species that was taken on board a 

6 vessel; and 

7 ‘‘(ii) was used for a purpose described 

8 in subparagraph (A)(i). 

9 ‘‘(6) BEST PERFORMING TREATMENT TECH10 NOLOGY.—The term ‘best performing treatment 

11 technology’ means the ballast water treatment tech12 nology that is, as determined by the Secretary— 

13 ‘‘(A) the most biologically effective; 

14 ‘‘(B) the most environmentally sound; and 

15 ‘‘(C) suitable, available, and economically 

16 practicable. 

17 ‘‘(7) COASTAL VOYAGE.—The term ‘coastal voy18 age’ means a voyage conducted entirely within the 

19 exclusive economic zone. 

20 ‘‘(8) DIRECTOR.—The term ‘Director’ means 

21 the Director of the United States Fish and Wildlife 

22 Service. 

23 ‘‘(9) ENVIRONMENTALLY SOUND.—The term 

24 ‘environmentally sound’, refers to an activity that 

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1 tations, of aquatic invasive species in a manner that 

2 minimizes adverse effects on— 

3 ‘‘(A) the structure and function of an eco4 system; and 

5 ‘‘(B) nontarget organisms and ecosystems. 

6 ‘‘(10) EXCLUSIVE ECONOMIC ZONE.—The term 

7 ‘exclusive economic zone’ means the area comprised 

8 of— 

9 ‘‘(A) the Exclusive Economic Zone of the 

10 United States established by Proclamation 

11 Number 5030, dated March 10, 1983; and 

12 ‘‘(B) the equivalent zones of Canada and 

13 Mexico. 

14 ‘‘(11) EXISTING VESSEL.—The term ‘existing 

15 vessel’ means any vessel that enters service on or be16 fore December 31, 2009. 

17 ‘‘(12) GREAT LAKES.—The term ‘Great Lakes’ 

18 means— 

19 ‘‘(A) Lake Erie; 

20 ‘‘(B) Lake Huron (including Lake Saint 

21 Clair); 

22 ‘‘(C) Lake Michigan; 

23 ‘‘(D) Lake Ontario; 

24 ‘‘(E) Lake Superior; 


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1 ‘‘(F) the connecting channels of those 

2 Lakes, including— 

3 ‘‘(i) the Saint Mary’s River; 

4 ‘‘(ii) the Saint Clair River; 

5 ‘‘(iii) the Detroit River; 

6 ‘‘(iv) the Niagara River; and 

7 ‘‘(v) the Saint Lawrence River to the 

8 Canadian border; and 

9 ‘‘(G) any other body of water located with10 in the drainage basin of a Lake, River, or con11 necting channel described in any of subpara12 graphs (A) through (F). 

13 ‘‘(13) GREAT LAKES REGION.—The term ‘Great 

14 Lakes region’ means the region comprised of the 

15 States of Illinois, Indiana, Michigan, Minnesota, 

16 New York, Ohio, Pennsylvania, and Wisconsin. 

17 ‘‘(14) IN TRADE.—The term ‘in trade’, with re18 spect to a species, means a species that has a docu19 mented history of repeatedly being commercially im20 ported into the United States during the period be21 ginning on January 1, 1990, and ending on January 

22 1, 2007. 

23 ‘‘(15) INDIAN TRIBE.—The term ‘Indian tribe’ 

24 has the meaning given the term in section 4 of the 


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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 450b). 

3 ‘‘(16) INTERBASIN WATERWAY.—The term 

4 ‘interbasin waterway’ means a waterway that con5 nects 2 distinct water basins. 

6 ‘‘(17) INTRODUCTION.—The term ‘introduction’ 

7 means the transfer of an organism to an ecosystem 

8 outside the historic range of the species of which the 

9 organism is a member. 

10 ‘‘(18) INVASION.—The term ‘invasion’ means 

11 an infestation of an aquatic invasive species. 

12 ‘‘(19) INVASIVE SPECIES.—The term ‘invasive 

13 species’ means a nonindigenous species the introduc14 tion of which into an ecosystem may cause harm to 

15 the economy, environment, human health, recreation, 

16 or public welfare. 

17 ‘‘(20) NATIONAL INVASIVE SPECIES COUNCIL.— 

18 The term ‘National Invasive Species Council’ means 

19 the interagency council established by section 3 of 

20 Executive Order No. 13112 (42 U.S.C. 4321 note). 

21 ‘‘(21) NEW VESSEL.—The term ‘new vessel’ 

22 means any vessel that enters service on or after Jan23 uary 1, 2010. 

24 ‘‘(22) NONINDIGENOUS SPECIES.—The term 

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1 system the range of which exceeds the historic range 

2 of the species in that ecosystem. 

3 ‘‘(23) ORGANISM TRANSFER.—The term ‘orga4 nism transfer’ means the movement of an organism 

5 of any species from 1 ecosystem to another eco6 system outside the historic range of the species. 

7 ‘‘(24) PATHWAY.—The term ‘pathway’ means 1 

8 or more vectors by which an invasive species is 

9 transferred from 1 ecosystem to another. 

10 ‘‘(25) PLANNED IMPORTATION.—The term 

11 ‘planned importation’ means the purposeful move12 ment of 1 or more nonindigenous organisms for use 

13 in the territorial limits of the United States. 

14 ‘‘(26) REGIONAL PANEL.—The term ‘regional 

15 panel’ means a panel convened in accordance with 

16 section 1203. 

17 ‘‘(27) SALTWATER FLUSHING.—The term ‘salt18 water flushing’ means the process of— 

19 ‘‘(A) adding midocean water to a ballast 

20 water tank that contains residual quantities of 

21 ballast water; 

22 ‘‘(B) mixing the midocean water with the 

23 residual ballast water and sediment in the tank 

24 through the motion of a ship; and 


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1 ‘‘(C) discharging the mixed water so that 

2 the salinity of the resulting residual ballast 

3 water in the tank exceeds 30 parts per thou4 sand. 

5 ‘‘(28) SECRETARY.—The term ‘Secretary’ 

6 means the Secretary of Homeland Security. 

7 ‘‘(29) SPECIES.—The term ‘species’ means any 

8 fundamental category of taxonomic classification 

9 below the level of genus or subgenus, including a 

10 species, subspecies, or any recognized variety of ani11 mal, plant, fungus, or microorganism. 

12 ‘‘(30) TASK FORCE.—The term ‘Task Force’ 

13 means the Aquatic Nuisance Species Task Force es14 tablished by section 1201(a). 

15 ‘‘(31) TREATMENT.—The term ‘treatment’ 

16 means a mechanical, physical, chemical, biological, 

17 or other process or method of killing, removing, or 

18 rendering inviable organisms. 

19 ‘‘(32) TYPE APPROVAL.—The term ‘type ap20 proval’ means an approval procedure under which a 

21 type of system is initially certified as meeting a 

22 standard established by law (including a regulation) 

23 for a particular application if the system is operated 

24 correctly. 


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1 ‘‘(33) UNDER SECRETARY.—The term ‘Under 

2 Secretary’ means the Under Secretary of Commerce 

3 for Oceans and Atmosphere. 

4 ‘‘(34) UNDESIRABLE IMPACT.—The term ‘unde5 sirable impact’ means economic, human health, aes6 thetic, or environmental degradation that is not nec7 essary for, and is not clearly outweighed by, public 

8 health, environmental, or welfare benefits. 

9 ‘‘(35) WATERS OF THE UNITED STATES.— 

10 ‘‘(A) IN GENERAL.—The term ‘waters of 

11 the United States’ means the navigable waters 

12 and territorial sea of the United States. 

13 ‘‘(B) INCLUSION.—The term ‘waters of the 

14 United States’ includes the Great Lakes.’’. 

15 TITLE I—PREVENTION OF IN16 TRODUCTION OF AQUATIC 

17 INVASIVE SPECIES INTO WA18 TERS OF THE UNITED STATES 

19 BY VESSELS 

20 SEC. 101. PREVENTION OF INTRODUCTION OF AQUATIC 

21 INVASIVE SPECIES INTO WATERS OF THE 

22 UNITED STATES BY VESSELS. 

23 (a) IN GENERAL.—Section 1101 of the Nonindige24 nous Aquatic Nuisance Prevention and Control Act of 

25 1990 (16 U.S.C. 4711) is amended to read as follows: 


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1 ‘‘SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC 

2 INVASIVE SPECIES INTO WATERS OF THE 

3 UNITED STATES BY VESSELS. 

4 ‘‘(a) REQUIREMENTS FOR VESSELS OPERATING IN

5 WATERS OF THE UNITED STATES.— 

6 ‘‘(1) INVASIVE SPECIES MANAGEMENT PLAN.— 

7 ‘‘(A) IN GENERAL.—Effective beginning on 

8 the date that is 180 days after the issuance of 

9 guidelines pursuant to subparagraph (D) and 

10 promulgation of any regulations under this sec11 tion, each vessel that is designed, constructed, 

12 or adapted with a ballast tank, and any towed 

13 vessel or structure, operating in waters of the 

14 United States shall have in effect, and have 

15 available for inspection, an aquatic invasive spe16 cies management plan. 

17 ‘‘(B) SPECIFICITY.—The management plan 

18 shall be specific to the vessel (or group of ves19 sels with characteristics similar to that of the 

20 vessel, as determined by the Secretary). 

21 ‘‘(C) REQUIREMENTS.—The management 

22 plan shall— 

23 ‘‘(i) prescribe a safe and effective 

24 means to minimize, with the goal of elimi25 nation, introductions and transfers of 

26 invasive species; and 


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1 ‘‘(ii) include, at a minimum, such in2 formation as is requested by the Secretary 

3 pursuant to subparagraph (D), including— 

4 ‘‘(I) operational requirements to 

5 safely and effectively comply with the 

6 applicable ballast water management 

7 requirements under paragraph (4); 

8 ‘‘(II) operational requirements to 

9 safely and effectively carry out any 

10 actions consistent with a rapid re11 sponse contingency strategy required 

12 by States and approved by the Sec13 retary under section 1211; 

14 ‘‘(III) at the discretion of the 

15 Secretary, other operational require16 ments that are specified in guidelines 

17 adopted by the International Maritime 

18 Organization; 

19 ‘‘(IV) a description of all report20 ing requirements and a copy of each 

21 form necessary to meet those require22 ments; 

23 ‘‘(V) the position of the officer 

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1 last water management and reporting 

2 procedures on board; 

3 ‘‘(VI) documents relevant to 

4 aquatic invasive species management 

5 equipment or procedures; 

6 ‘‘(VII) a description of the loca7 tion of access points for sampling bal8 last or sediments pursuant to para9 graph (3)(B)(vi); 

10 ‘‘(VIII) a description of require11 ments relating to compliance with any 

12 approved rapid response strategy rel13 evant to the voyage of the vessel; 

14 ‘‘(IX) a contingency strategy ap15 plicable under section 1211, if appro16 priate; and 

17 ‘‘(X) such requirements described 

18 in subsection (b) as are applicable to 

19 the vessel. 

20 ‘‘(D) GUIDELINES.—Not later than 18 

21 months after the date of enactment of the Na22 tional Aquatic Invasive Species Act of 2007, the 

23 Secretary shall issue final guidelines for the de24 velopment of invasive species management 

25 plans, including guidelines that— 


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1 ‘‘(i) identify types of vessels for which 

2 plans are required; 

3 ‘‘(ii) establish processes for updating 

4 and revising the plans; and 

5 ‘‘(iii) establish criteria for compliance 

6 with this subsection. 

7 ‘‘(2) RECORDS.—The master of a vessel shall— 

8 ‘‘(A) maintain records of all ballast oper9 ations, for such period of time and including 

10 such information as the Secretary may specify; 

11 ‘‘(B) permit inspection of the records by 

12 representatives of the Secretary and of the 

13 State in which the port is located; and 

14 ‘‘(C) transmit records to the National Bal15 last Information Clearinghouse established 

16 under section 1102(f). 

17 ‘‘(3) BEST MANAGEMENT PRACTICES.— 

18 ‘‘(A) IN GENERAL.—Not later than 18 

19 months after the date of enactment of the Na20 tional Aquatic Invasive Species Act of 2007, the 

21 Secretary shall issue guidelines on best manage22 ment practices to minimize, with the goal of 

23 elimination, and monitor organism transfer by 

24 vessels. 


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1 ‘‘(B) PRACTICES TO BE INCLUDED.—The 

2 best management practices shall include— 

3 ‘‘(i) sediment management in trans4 oceanic vessels; 

5 ‘‘(ii) minimization of ballast water up6 take in areas in which there is a greater 

7 risk of harmful organisms entering ballast 

8 tanks (such as areas with toxic algal 

9 blooms or known outbreaks of aquatic 

10 invasive species); 

11 ‘‘(iii) avoidance of unnecessary dis12 charge of ballast water in a port that was 

13 taken up in another port; 

14 ‘‘(iv) to the maximum extent prac15 ticable, collection and the proper disposal 

16 of debris from the cleaning of the hull; 

17 ‘‘(v) proper use of anti-fouling coat18 ing; and 

19 ‘‘(vi) provision of sample access ports 

20 in ballast piping for sampling of ballast in21 take and discharge. 

22 ‘‘(4) BALLAST WATER MANAGEMENT.— 

23 ‘‘(A) IN GENERAL.—Effective beginning on 

24 the date that is 180 days after the Secretary 

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1 tion, and except as provided in subparagraph 

2 (B), each vessel equipped with a ballast water 

3 tank that enters a United States port shall 

4 comply with the regulations relating to ballast 

5 water management. 

6 ‘‘(B) EXCEPTIONS.— 

7 ‘‘(i) VESSELS OPERATING ENTIRELY

8 WITHIN EXCLUSIVE ECONOMIC ZONE.—A 

9 vessel equipped with a ballast tank, and 

10 any towed vessel or structure, that oper11 ates entirely within the exclusive economic 

12 zone shall not be required to comply with 

13 the regulations described in subsection 

14 (b)(2). 

15 ‘‘(ii) VESSELS OPERATING IN EN16 CLOSED AQUATIC ECOSYSTEMS.— 

17 ‘‘(I) IN GENERAL.—Subject to 

18 subclause (II), an existing vessel 

19 equipped with a ballast tank, and any 

20 towed vessel or structure, that oper21 ates exclusively in the upper 4 Great 

22 Lakes (Lake Superior, Lake Michi23 gan, Lake Huron, and Lake Erie, and 

24 the connecting channels), or in an25 other enclosed aquatic ecosystem shall 


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1 not be required to comply with the 

2 regulations described in subsection 

3 (b)(1). 

4 ‘‘(II) ADDITIONAL ENCLOSED

5 AQUATIC ECOSYSTEMS.—The Admin6 istrator and the Under Secretary, in 

7 consultation with regional panels of 

8 the Task Force, may determine addi9 tional enclosed aquatic ecosystems in 

10 which the potential for movement of 

11 organisms by natural and anthropo12 genic means is not significantly al13 tered by the movement of the vessels 

14 equipped with ballast tanks. 

15 ‘‘(b) INVASIVE SPECIES MANAGEMENT REGULA16 TIONS AND CERTIFICATION PROCEDURES.— 

17 ‘‘(1) REGULATIONS.—Not later than 18 months 

18 after the date of enactment of the National Aquatic 

19 Invasive Species Act of 2007, the Secretary, with the 

20 concurrence of the Administrator and in consultation 

21 with the Task Force, shall promulgate final regula22 tions establishing performance requirements for ves23 sels to reduce, with the goal of elimination, introduc24 tion by the vessels of invasive species to waters of 

25 the United States, including— 


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1 ‘‘(A) ballast water management operations 

2 (including relevant contingency procedures in 

3 instances in which a safety exemption is used 

4 pursuant to subsection (h)); and 

5 ‘‘(B) management of other vessel path6 ways, including the hull and sea chest of a ves7 sel. 

8 ‘‘(2) BALLAST WATER EXCHANGE.—The ballast 

9 water exchange regulations promulgated pursuant to 

10 paragraph (1)— 

11 ‘‘(A) shall apply only to existing vessels; 

12 ‘‘(B) shall expire not later than December 

13 31, 2011; and 

14 ‘‘(C) shall include— 

15 ‘‘(i) a provision for ballast water ex16 change that requires— 

17 ‘‘(I) at least 1 empty-and-refill 

18 cycle, outside the exclusive economic 

19 zone or in an alternative exchange 

20 area designated by the Secretary, of 

21 each ballast tank that contains ballast 

22 water to be discharged into waters of 

23 the United States; or 

24 ‘‘(II) for a case in which the 

25 master of a vessel determines that 


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1 compliance with the requirement 

2 under subclause (I) is impracticable, a 

3 sufficient number of flow-through ex4 changes of ballast water, outside the 

5 exclusive economic zone or in an alter6 native exchange area designated by 

7 the Secretary, to achieve replacement 

8 of at least 95 percent of ballast water 

9 in ballast tanks of the vessel, as deter10 mined by a certification dye study 

11 conducted or model developed in ac12 cordance with protocols developed 

13 under paragraph (5)(B) and recorded 

14 in the management plan of a vessel 

15 pursuant to subsection 

16 (a)(1)(C)(ii)(I); and 

17 ‘‘(ii) if a ballast water exchange is not 

18 undertaken pursuant to subsection (h), a 

19 contingency procedure that requires the 

20 master of a vessel to use the best prac21 ticable technology or practice to treat bal22 last discharge. 

23 ‘‘(3) BALLAST WATER TREATMENT.— 

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1 quire a vessel to which this section applies to 

2 conduct ballast water treatment beginning on 

3 January 1, 2012, in accordance with this para4 graph before discharging ballast water. 

5 ‘‘(B) PERFORMANCE STANDARDS.—Sub6 ject to subparagraph (C)(ii), the regulations 

7 shall require that ballast water discharged 

8 shall— 

9 ‘‘(i) contain— 

10 ‘‘(I) less than 1 living organism 

11 per 10 cubic meters that is 50 or 

12 more micrometers in minimum dimen13 sion; 

14 ‘‘(II) less than 1 living organism 

15 per 10 milliliters that is— 

16 ‘‘(aa) less than 50 microm17 eters in minimum dimension; and 

18 ‘‘(bb) more than 10 microm19 eters in minimum dimension; 

20 ‘‘(III) concentrations of indicator 

21 microbes that are less than— 

22 ‘‘(aa)(AA) 1 colony-forming 

23 unit of toxicogenic Vibrio cholera 

24 (serotypes O1 and O139) per 

25 100 milliliters; or 


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1 ‘‘(BB) 1 colony-forming unit 

2 of that microbe per gram of wet 

3 weight of zoological samples; 

4 ‘‘(bb) 126 colony-forming 

5 units of escherichia coli per 100 

6 milliliters; and 

7 ‘‘(cc) 33 colony-forming 

8 units of intestinal enterococci per 

9 100 milliliters; and 

10 ‘‘(IV) concentrations of such ad11 ditional indicator microbes as may be 

12 specified in regulations promulgated 

13 by the Secretary, in consultation with 

14 the Administrator, that are less than 

15 the quantities specified in those regu16 lations; or 

17 ‘‘(ii) comply with an alternative stand18 ard that is at least as protective as the 

19 standards under clause (i), as determined 

20 by the Secretary. 

21 ‘‘(C) BEST PERFORMANCE TREATMENT

22 AVAILABLE.— 

23 ‘‘(i) IN GENERAL.—Not later than 

24 December 31, 2010, the Secretary, in con25 sultation with the Administrator, based on 


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1 technology assessments implemented before 

2 July 31, 2010, shall determine whether 

3 technologies exist that provide for the 

4 achievement of the standards described in 

5 subparagraph (B). 

6 ‘‘(ii) MODIFICATION OF STAND7 ARDS.—If the Secretary, in consultation 

8 with the Administrator, determines under 

9 clause (i) that no technology exists that 

10 provides for the achievement of the stand11 ards described in subparagraph (B), the 

12 Secretary shall modify the standards to en13 sure consistency with the best performance 

14 treatment available among treatment sys15 tems assessed that meet, at a minimum, 

16 the applicable ballast water discharge 

17 standard of the International Maritime Or18 ganization. 

19 ‘‘(D) RECEPTION FACILITY EXCEPTION.— 

20 ‘‘(i) IN GENERAL.—The requirements 

21 of this paragraph shall not apply to a ves22 sel that discharges ballast water into a 

23 land-based or water-based facility for the 

24 reception of ballast water that meets each 

25 applicable standard under clause (ii). 


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1 ‘‘(ii) APPLICABLE STANDARDS.—Not 

2 later than 1 year after the date of enact3 ment of the National Aquatic Invasive Spe4 cies Act of 2007, the Administrator and 

5 the Secretary shall jointly promulgate 

6 standards for— 

7 ‘‘(I) the reception of ballast 

8 water in land-based and water-based 

9 reception facilities; and 

10 ‘‘(II) the disposal or treatment of 

11 received ballast water in a manner 

12 that does not damage the environ13 ment, human health, property, or re14 sources. 

15 ‘‘(4) REVIEW AND REVISION.—The Secretary, 

16 in concurrence with the Administrator, shall review 

17 and revise, not less frequently than once every 3 

18 years— 

19 ‘‘(A) any determination relating to the de20 termination under paragraph (3)(C)(i); and 

21 ‘‘(B) any modification of a standard under 

22 paragraph (3)(C)(ii). 

23 ‘‘(5) CERTIFICATION OF TREATMENTS AND

24 PRACTICES.— 


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1 ‘‘(A) IN GENERAL.—Not later than the 

2 date on which regulations are promulgated pur3 suant to paragraph (1), the Secretary shall, 

4 with the concurrence of the Administrator, pro5 mulgate regulations for— 

6 ‘‘(i) the certification of treatments or 

7 practices the performances of which com8 ply with the regulations; and 

9 ‘‘(ii) on-going enforcement of the ef10 fective use of the certified treatments or 

11 practices. 

12 ‘‘(B) CERTIFICATION OF BALLAST WATER

13 EXCHANGE PROCEDURES.—The certification of 

14 ballast water exchange procedures in compli15 ance with the regulations promulgated pursuant 

16 to paragraph (2) shall be based on a qualified 

17 type-approval process, including a protocol in18 volving dye studies or models detailing flow dy19 namics of a vessel or class of vessels described 

20 in paragraph (2)(A)(ii) for demonstrating the 

21 number of flow-through exchanges necessary for 

22 such a vessel to meet the percentage purge re23 quirements associated with the flow-through 

24 technique for ballast water exchange. 


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1 ‘‘(C) CERTIFICATION OF ALL OTHER BAL2 LAST WATER DISCHARGE TREATMENTS.—The 

3 certification of treatments in compliance with 

4 the regulations promulgated pursuant to para5 graph (3) shall be based on a qualified type-ap6 proval process that— 

7 ‘‘(i) is capable of estimating the ex8 tent to which ballast water discharge treat9 ed by a ballast water treatment system is 

10 likely to comply with applicable standards, 

11 including any restrictions relating to— 

12 ‘‘(I) biological, chemical, or phys13 ical conditions of water taken into bal14 last; and 

15 ‘‘(II) conditions encountered dur16 ing a voyage; 

17 ‘‘(ii) is capable of determining the ex18 tent to which a ballast water treatment 

19 method— 

20 ‘‘(I) is environmentally sound, 

21 based on criteria promulgated by the 

22 Administrator under paragraph 

23 (8)(A); and 

24 ‘‘(II) is safe for vessel and crew; 


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1 ‘‘(iii) may be used in estimating the 

2 expected useful life of the ballast water 

3 treatment system, as determined on the 

4 basis of voyage patterns and normal use 

5 conditions; 

6 ‘‘(iv) includes a ship-board testing 

7 component (and may include a shore-based 

8 testing component); 

9 ‘‘(v) provides for appropriate moni10 toring, as determined by the Adminis11 trator; 

12 ‘‘(vi) provides for revocation by the 

13 Administrator of approval pending the re14 sults of the monitoring; and 

15 ‘‘(vii) is cost-effective. 

16 ‘‘(D) EXPIRATION OF BALLAST WATER EX17 CHANGE OPTION.—On the date of expiration of 

18 the ballast water exchange option under para19 graph (2), the certification process shall apply 

20 to all methods of ballast water management, 

21 treatment, and system design. 

22 ‘‘(E) REVIEW AND REVISION.—Not less 

23 frequently than once every 3 years, the Sec24 retary, in conjunction with the Administrator, 


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1 shall review and, if necessary, revise the certifi2 cation process pursuant to subsection (d)(1). 

3 ‘‘(F) APPLICATION FOR APPROVAL.— 

4 ‘‘(i) IN GENERAL.—The Secretary and 

5 the Administrator shall approve an appli6 cation for certification of a ballast water 

7 treatment system only if the application is 

8 in such form and contains such informa9 tion as the Secretary and Administrator 

10 may require. 

11 ‘‘(ii) APPROVAL AND DISAPPROVAL.— 

12 ‘‘(I) IN GENERAL.—On receipt of 

13 an application under clause (i)— 

14 ‘‘(aa) the Administrator 

15 shall, not later than 90 days 

16 after the date of receipt of the 

17 application— 

18 ‘‘(AA) review the appli19 cation for compliance and 

20 consistency with environ21 mental soundness criteria 

22 promulgated under para23 graph (8)(A); and 

24 ‘‘(BB) approve those 

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1 tems that meet those cri2 teria; and 

3 ‘‘(bb) the Secretary, in con4 sultation with the Task Force, 

5 shall, not later than 180 days 

6 after the date of receipt of the 

7 application— 

8 ‘‘(AA) determine 

9 whether the ballast water 

10 treatment system covered by 

11 the application meets the re12 quirements of this sub13 section, as appropriate; 

14 ‘‘(BB) approve or dis15 approve the application; and 

16 ‘‘(CC) provide the ap17 plicant written notice of ap18 proval or disapproval. 

19 ‘‘(II) LIMITATIONS.—An applica20 tion approved under subclause (I) 

21 shall— 

22 ‘‘(aa) be qualified with any 

23 limitations relating to voyage 

24 pattern, duration, or any other 

25 characteristic that may affect the 


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1 effectiveness or environmental 

2 soundness of the ballast water 

3 treatment system covered by the 

4 application, as determined by the 

5 Secretary in consultation with 

6 the Administrator; 

7 ‘‘(bb) be applicable to a spe8 cific vessel or group of vessels, as 

9 determined by the Secretary; 

10 ‘‘(cc) be valid for the least 

11 of— 

12 ‘‘(AA) the expected use13 ful life of the ballast water 

14 treatment system; 

15 ‘‘(BB) 10 years; or 

16 ‘‘(CC) such period of 

17 time for which the Secretary 

18 or Administrator (as appro19 priate) determines that 

20 (based on available informa21 tion, including information 

22 developed pursuant to para23 graph (6)(B)(iii)) there ex24 ists a serious deficiency in 

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1 mental soundness of the sys2 tem relative to anticipated 

3 performance or environ4 mental soundness; and 

5 ‘‘(dd) be renewed if— 

6 ‘‘(AA) the Secretary de7 termines that the ballast 

8 water treatment system re9 mains in compliance with 

10 applicable standards as of 

11 the date of application for 

12 renewal; or 

13 ‘‘(BB) the remaining 

14 useful life of the vessel is 

15 less than 10 years. 

16 ‘‘(6) EXPERIMENTAL APPROVAL FOR BALLAST

17 WATER TREATMENT.— 

18 ‘‘(A) IN GENERAL.—The owner or operator 

19 of a vessel may submit to the Secretary an ap20 plication to test or evaluate a promising ballast 

21 water treatment technology that— 

22 ‘‘(i) has the potential to achieve the 

23 standards required under paragraph (3); 

24 and 


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1 ‘‘(ii) is likely to achieve a minimum 

2 performance that is the same as or more 

3 stringent than a standard required under 

4 paragraph (3)(C)(ii), as applicable. 

5 ‘‘(B) APPROVAL.—The Secretary shall ap6 prove an application under subparagraph (A) 

7 if— 

8 ‘‘(i) the Secretary and the Adminis9 trator determine that the treatment tech10 nologies have the potential to achieve the 

11 standards required under paragraph (3); 

12 and 

13 ‘‘(ii) the Administrator determines, 

14 based on independent and peer-reviewed 

15 information provided to the Secretary by 

16 the owner or operator of the vessel or 

17 other applicable parties, that the treatment 

18 technologies— 

19 ‘‘(I) comply with environmental 

20 requirements (including regulations); 

21 and 

22 ‘‘(II) have the potential to meet 

23 environmental soundness criteria es24 tablished under paragraph (8)(A)(i). 


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1 ‘‘(C) WAIVER.—If the Secretary approves 

2 an application under subparagraph (B), the 

3 Secretary and the Administrator may waive the 

4 requirements under subsection (a)(4)(A) with 

5 respect to the vessel that is subject to the appli6 cation approved. 

7 ‘‘(D) LIMITATIONS.— 

8 ‘‘(i) PERIOD OF TESTING.—Testing of 

9 the treatment system approved under this 

10 section may cease prior to the termination 

11 of the approval period described in clause 

12 (ii). 

13 ‘‘(ii) PERIOD OF APPROVAL.—Ap14 proval granted under subparagraph (B) 

15 shall be for the least of— 

16 ‘‘(I) the expected useful life of 

17 the ballast water treatment system; 

18 ‘‘(II) a period of 10 years; or 

19 ‘‘(III) a period ending on the 

20 date that the Secretary and Adminis21 trator (as appropriate) determines 

22 that there exists a serious deficiency 

23 in performance or human safety or 

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1 tem relative to anticipated perform2 ance or environmental soundness. 

3 ‘‘(iii) INFORMATION.—As a condition 

4 of receiving experimental approval for a 

5 treatment under subparagraph (B), the 

6 owner or operator of a vessel shall agree to 

7 collect and report such information regard8 ing the operational and biological effective9 ness of the treatment through sampling of 

10 the intake and discharge ballast as the 

11 Secretary may request. 

12 ‘‘(iv) RENEWAL.—An experimental 

13 approval may be renewed in accordance 

14 with paragraph (5)(F)(ii). 

15 ‘‘(7) INCENTIVES FOR USE OF TREATMENT SYS16 TEMS.— 

17 ‘‘(A) IN GENERAL.—The Secretary, the 

18 Secretary of Transportation, and the Adminis19 trator shall assist owners or operators of vessels 

20 that seek to obtain experimental approval for 

21 installation of ballast water treatment systems, 

22 including through providing guidance on— 

23 ‘‘(i) a sampling protocol and test pro24 gram for cost effective treatment evalua25 tion; 


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1 ‘‘(ii) sources of sampling equipment 

2 and field biological expertise; and 

3 ‘‘(iii) examples of shipboard evalua4 tion studies. 

5 ‘‘(B) SELECTION OF TECHNOLOGIES AND

6 PRACTICES.—In selecting technologies and 

7 practices for shipboard demonstration under 

8 section 1104(b), the Secretary of the Interior 

9 and the Secretary of Commerce shall give pri10 ority consideration to technologies and practices 

11 that have received or are in the process of re12 ceiving certification under paragraph (5). 

13 ‘‘(C) ANNUAL SUMMARIES.—The Secretary 

14 shall annually summarize, and make available 

15 to interested parties, all available information 

16 on the performance of technologies proposed for 

17 ballast treatment to facilitate the application 

18 process for experimental approval for ballast 

19 water treatment under paragraph (6). 

20 ‘‘(8) ENVIRONMENTAL SOUNDNESS CRITERIA

21 FOR BALLAST TREATMENTS.— 

22 ‘‘(A) IN GENERAL.—The Administrator 

23 shall include in criteria promulgated under sec24 tion 1202(k)(1)(A) specific criteria— 


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1 ‘‘(i) to ensure environmental sound2 ness of ballast treatment systems; and 

3 ‘‘(ii) to grant environmental sound4 ness exceptions under subparagraph (B). 

5 ‘‘(B) EXCEPTIONS.—The Secretary and 

6 the Administrator shall submit to Congress a 

7 report on the need for short-term emergency ex8 ceptions to the environmental soundness criteria 

9 promulgated under subparagraph (A). 

10 ‘‘(c) GREAT LAKES PROGRAM.— 

11 ‘‘(1) REGULATIONS.— 

12 ‘‘(A) IN GENERAL.—Until such time as 

13 regulations are promulgated to implement the 

14 amendments made by the National Aquatic 

15 Invasive Species Act of 2007, regulations pro16 mulgated to carry out this Act shall remain in 

17 effect until revised or replaced pursuant to the 

18 National Aquatic Invasive Species Act of 2007. 

19 ‘‘(B) NO BALLAST ON BOARD.—Not later 

20 than 180 days after the date of enactment of 

21 the National Aquatic Invasive Species Act of 

22 2007, the Secretary shall promulgate regula23 tions to minimize the discharge of invasive spe24 cies from ships that claim no ballast on board, 

25 or that claim to be carrying only unpumpable 


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1 quantities of ballast, including, at a minimum, 

2 a requirement that— 

3 ‘‘(i) such a ship shall conduct salt4 water flushing of ballast water tanks— 

5 ‘‘(I) outside the exclusive eco6 nomic zone; or 

7 ‘‘(II) at a designated alternative 

8 exchange site; and 

9 ‘‘(ii) before being allowed entry be10 yond the St. Lawrence Seaway, the master 

11 of such a ship shall certify that the ship 

12 has complied with each applicable require13 ment under this subsection. 

14 ‘‘(C) EARLY TECHNOLOGY.— 

15 ‘‘(i) IN GENERAL.—Not later than 

16 180 days after the date of enactment of 

17 the National Aquatic Invasive Species Act 

18 of 2007, the Secretary shall promulgate 

19 regulations allowing ships entering the 

20 Great Lakes to use a ballast water treat21 ment technology that is as effective as bal22 last water exchange, as determined by the 

23 Secretary. 

24 ‘‘(ii) REQUIREMENT.—The regulations 

25 under clause (i) shall include a provision 


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1 that a ballast water treatment technology 

2 used for purposes of complying with the 

3 regulations shall be permitted for the 

4 shorter of— 

5 ‘‘(I) the 10-year period beginning 

6 on the date of initial use of the tech7 nology; and 

8 ‘‘(II) the life of the ship on which 

9 the technology is used. 

10 ‘‘(iii) TREATMENT EQUIVALENCY TO

11 BALLAST WATER EXCHANGE.—For pur12 poses of the regulations under clause (i), 

13 the discharge standard of the International 

14 Maritime Organization shall be considered 

15 to be as effective as ballast water ex16 change. 

17 ‘‘(2) RELATIONSHIP TO OTHER PROGRAMS.— 

18 On implementation of a national mandatory ballast 

19 management program that is at least as comprehen20 sive as the Great Lakes program (as determined by 

21 the Secretary, in consultation with the Governors of 

22 Great Lakes States)— 

23 ‘‘(A) the program regulating vessels and 

24 ballast water in Great Lakes under this section 

25 shall terminate; and 


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1 ‘‘(B) the national program shall apply to 

2 such vessels and ballast water. 

3 ‘‘(3) REVIEW AND REVISION.— 

4 ‘‘(A) IN GENERAL.—Not later than the 

5 date that is 18 months after the date of enact6 ment of the National Aquatic Invasive Species 

7 Act of 2007, the Secretary shall— 

8 ‘‘(i) review and revise regulations pro9 mulgated under this section to ensure the 

10 regulations provide the maximum prac11 ticable protection of the Great Lakes eco12 system from introduction by vessels (in13 cluding vessels in the unballasted condi14 tion) of aquatic invasive species; and 

15 ‘‘(ii) promulgate the revised regula16 tions. 

17 ‘‘(B) CONTENTS.—The revised regulations 

18 shall include, at a minimum, requirements 

19 under subsections (a) and (b) (as amended by 

20 that Act). 

21 ‘‘(d) PERIODIC REVIEW AND REVISION OF REGULA22 TIONS.— 

23 ‘‘(1) IN GENERAL.—Not later than 3 years 

24 after the date of enactment of the National Aquatic 

25 Invasive Species Act of 2007, and not less often 


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1 than every 3 years thereafter, the Secretary shall 

2 (with the concurrence of the Administrator, based on 

3 recommendations of the Task Force, and informa4 tion collected and analyzed under this title and in 

5 accordance with criteria developed by the Task 

6 Force under paragraph (3))— 

7 ‘‘(A) assess the compliance by vessels with 

8 regulations promulgated under this section; 

9 ‘‘(B) assess the effectiveness of the regula10 tions referred to in subparagraph (A) in reduc11 ing the introduction and spread of aquatic 

12 invasive species by vessels; and 

13 ‘‘(C) as necessary, on the basis of the best 

14 scientific information available— 

15 ‘‘(i) revise the regulations referred to 

16 in subparagraph (A); and 

17 ‘‘(ii) promulgate additional regula18 tions. 

19 ‘‘(2) SPECIAL REVIEW AND REVISION.—Not 

20 later than 90 days after the date on which the Task 

21 Force makes a request to the Secretary for a special 

22 review and revision of the Program, the Secretary 

23 shall (with the concurrence of the Administrator)— 

24 ‘‘(A) conduct a special review of regula25 tions in accordance with paragraph (1); and 


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1 ‘‘(B) as necessary, in the same manner as 

2 provided under paragraph (1)(C)— 

3 ‘‘(i) revise those guidelines; or 

4 ‘‘(ii) promulgate additional regula5 tions. 

6 ‘‘(3) CRITERIA FOR EFFECTIVENESS.—Not 

7 later than 1 year after the date of enactment of the 

8 National Aquatic Invasive Species Act of 2007, and 

9 every 3 years thereafter, the Task Force shall sub10 mit to the Secretary criteria for determining the 

11 adequacy and effectiveness of all regulations promul12 gated under this section. 

13 ‘‘(e) SANCTIONS.— 

14 ‘‘(1) CIVIL PENALTIES.— 

15 ‘‘(A) IN GENERAL.—Any person that vio16 lates a regulation promulgated under this sec17 tion shall be liable for a civil penalty in an 

18 amount not to exceed $50,000. 

19 ‘‘(B) SEPARATE VIOLATIONS.—Each day 

20 of a continuing violation constitutes a separate 

21 violation. 

22 ‘‘(C) LIABILITY OF VESSELS.—A vessel op23 erated in violation of a regulation promulgated 

24 under this Act shall be liable in rem for any 


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1 civil penalty assessed under this subsection for 

2 that violation. 

3 ‘‘(2) CRIMINAL PENALTIES.—Any person that 

4 knowingly violates the regulations promulgated 

5 under subsection (b) is guilty of a class C felony. 

6 ‘‘(3) REVOCATION OF CLEARANCE.—On request 

7 of the Secretary, the Secretary of the Treasury shall 

8 withhold or revoke the clearance of a vessel required 

9 by section 4197 of the Revised Statutes (46 U.S.C. 

10 App. 91), if the owner or operator of that vessel is 

11 in violation of the regulations promulgated under 

12 subsection (b). 

13 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub14 section does not apply to a failure to exchange bal15 last water if— 

16 ‘‘(A) the master of a vessel, acting in good 

17 faith, decides that the exchange of ballast water 

18 will threaten the safety or stability of the vessel 

19 or the crew or passengers of the vessel; and 

20 ‘‘(B) the vessel complies with— 

21 ‘‘(i) recordkeeping requirements of 

22 this Act; 

23 ‘‘(ii) contingency requirements of sec24 tion 1211; and 


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1 ‘‘(iii) reporting requirements of this 

2 Act. 

3 ‘‘(f) COORDINATION WITH OTHER AGENCIES.—The 

4 Secretary is encouraged to use (with consent) the exper5 tise, facilities, members, or personnel of, appropriate Fed6 eral and State agencies and organizations that have rou7 tine contact with vessels, as determined by the Secretary. 

8 ‘‘(g) CONSULTATION WITH CANADA, MEXICO, AND

9 OTHER FOREIGN GOVERNMENTS.—In developing the 

10 guidelines issued and regulations promulgated under this 

11 section, the Secretary is encouraged to consult with the 

12 Government of Canada, the Government of Mexico, and 

13 any other government of a foreign country that the Sec14 retary, in consultation with the Task Force, determines 

15 to be necessary to develop and implement an effective 

16 international program for preventing the unintentional in17 troduction and spread of nonindigenous species. 

18 ‘‘(h) SAFETY EXEMPTION.— 

19 ‘‘(1) MASTER DISCRETION.—The Master of a 

20 vessel is not required to conduct a ballast water ex21 change if the Master determines that the exchange 

22 would threaten the safety or stability of the vessel, 

23 or the crew or passengers of the vessel, because of 

24 adverse weather, vessel architectural design, equip25 ment failure, or any other extraordinary conditions. 


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1 ‘‘(2) OTHER REQUIREMENTS.—A vessel that 

2 does not exchange ballast water on the high seas 

3 under paragraph (1) shall not discharge ballast 

4 water in any harbor, except in accordance with a 

5 contingency strategy approved by the Secretary (and 

6 included in the invasive species management plan of 

7 the vessel) to reduce the risk of organism transfer 

8 by the discharge (using the best practicable tech9 nology and practices pursuant to regulations promul10 gated under subsection (b)(1)). 

11 ‘‘(i) NON-DISCRIMINATION.—The Secretary shall en12 sure that vessels registered outside of the United States 

13 do not receive more favorable treatment than vessels reg14 istered in the United States in any case in which the Sec15 retary performs studies, reviews compliance, determines 

16 effectiveness, establishes requirements, or performs any 

17 other responsibilities under this Act. 

18 ‘‘(j) EFFECT ON OTHER LAW.—Nothing in this sec19 tion or any regulation promulgated under this section su20 persedes or otherwise affects any requirement or prohibi21 tion relating to the discharge of ballast water under the 

22 Federal Water Pollution Control Act (33 U.S.C. 1251 et 

23 seq.).’’. 

24 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 1102(c)(1) of the Nonindigenous 

2 Aquatic Nuisance Prevention and Control Act of 

3 1990 (16 U.S.C. 4712(c)(1)) is amended by striking 

4 ‘‘issued under section 1101(b)’’ and inserting ‘‘pro5 mulgated under section 1101(e)’’. 

6 (2) Section 1102(f)(1)(B) of the Nonindigenous 

7 Aquatic Nuisance Prevention and Control Act of 

8 1990 (16 U.S.C. 4712(f)(1)(B)) is amended by 

9 striking ‘‘guidelines issued pursuant to section 

10 1101(c)’’ and inserting ‘‘regulations promulgated 

11 under section 1101(e)’’. 

12 SEC. 102. ARMED SERVICES WHOLE VESSEL MANAGEMENT 

13 PROGRAM. 

14 Section 1103 of the Nonindigenous Aquatic Nuisance 

15 Prevention and Control Act of 1990 (16 U.S.C. 4713) is 

16 amended— 

17 (1) by striking the section heading and insert18 ing the following: 

19 ‘‘SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGE20 MENT PROGRAM.’’; 

21 and 

22 (2) in subsection (a)— 

23 (A) by striking ‘‘Subject to’’ and inserting 

24 the following: 

25 ‘‘(1) BALLAST WATER.—Subject to’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(2) TOWED VESSEL MANAGEMENT PRO3 GRAM.— 

4 ‘‘(A) IN GENERAL.—Subject to operational 

5 conditions, the Secretary of Defense, in con6 sultation with the Secretary and the Task 

7 Force, shall implement a towed vessel manage8 ment program for Department of Defense ves9 sels to minimize the risk of introductions of 

10 aquatic invasive species through hull and asso11 ciated hull aperture transfers by towed vessels. 

12 ‘‘(B) CURRENT BALLAST PROGRAM.—Ex13 cept as provided in subparagraph (A), this Act 

14 does not affect the ballast program for Depart15 ment of Defense vessels in effect on the date of 

16 enactment of the National Aquatic Invasive 

17 Species Act of 2007. 

18 ‘‘(3) REPORTS.—Not later than 3 years after 

19 the date of enactment of the National Aquatic 

20 Invasive Species Act of 2007, and every 3 years 

21 thereafter, the Secretary of Defense shall submit to 

22 Congress a report that includes a summary and 

23 analysis of the program carried out under this sec24 tion.’’. 


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1 TITLE II—PREVENTION OF IN2 TRODUCTION OF AQUATIC 

3 INVASIVE SPECIES BY OTHER 

4 PATHWAYS 

5 SEC. 201. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

6 Subtitle C of title I of the Nonindigenous Aquatic 

7 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

8 4721 et seq.) is amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM. 

11 ‘‘(a) IDENTIFICATION OF HIGH PRIORITY PATH12 WAYS.—Not later than 2 years after the date of enactment 

13 of the National Aquatic Invasive Species Act of 2007, and 

14 every 3 years thereafter, the Task Force, in coordination 

15 with the National Invasive Species Council and in con16 sultation with representatives of States, industry, and 

17 other interested parties, shall, based on pathway surveys 

18 conducted under this title and other available research re19 lating to the rates of introductions in waters of the United 

20 States— 

21 ‘‘(1) identify those pathways that pose the high22 est risk for introductions of invasive species, both 

23 nationally and on a region-by-region basis; 

24 ‘‘(2) develop recommendations for management 

25 strategies for those high-risk pathways; 


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1 ‘‘(3) include in the report to Congress required 

2 under section 1201(f)(2)(B) a description of the 

3 identifications, strategies, and recommendations 

4 based on research collected under this title; and 

5 ‘‘(4) identify invasive species not yet introduced 

6 into waters of the United States that are likely to 

7 be introduced into waters of the United States un8 less preventative measures are taken. 

9 ‘‘(b) MANAGEMENT OF HIGH PRIORITY PATH10 WAYS.—Not later than 3 years after the date of enactment 

11 of the National Aquatic Invasive Species Act of 2007, the 

12 Task Force or agencies of jurisdiction shall, to the max13 imum extent practicable, implement the strategies de14 scribed in subsection (a)(2), considering appropriate peri15 odic updates to the strategies.’’. 

16 SEC. 202. SCREENING PROCESS FOR PLANNED IMPORTA17 TIONS OF LIVE AQUATIC ORGANISMS. 

18 Subtitle B of the Nonindigenous Aquatic Nuisance 

19 Prevention and Control Act of 1990 (16 U.S.C. 4711 et 

20 seq.) is amended by adding at the end the following: 

21 ‘‘SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTA22 TIONS OF AQUATIC ORGANISMS. 

23 ‘‘(a) PURPOSE.—The purpose of the screening proc24 ess under this section is to prevent the introduction or 

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1 gens and parasites of the species, in waters of the United 

2 States and contiguous waters of Canada and Mexico. 

3 ‘‘(b) CATALOG OF SPECIES IN TRADE.—Not later 

4 than 18 months after the date of enactment of the Na5 tional Aquatic Invasive Species Act of 2007, the Director 

6 of the United States Geological Survey, the Administrator 

7 of the Animal and Plant Health Inspection Service, the 

8 Director of the Smithsonian Environmental Research Cen9 ter, and other Federal agencies with jurisdiction over 

10 planned importations of live organisms, shall— 

11 ‘‘(1) develop and, as necessary, update a cata12 log of species in trade; and 

13 ‘‘(2) include the catalog in the information pro14 vided to the public pursuant to section 1102(f) . 

15 ‘‘(c) PLANNED IMPORTATIONS.—Not later than 3 

16 years after the date of enactment of the National Aquatic 

17 Invasive Species Act of 2007, no aquatic organism of a 

18 species that is not in trade shall be imported into the 

19 United States without screening and approval in accord20 ance with this section. 

21 ‘‘(d) GUIDELINES.— 

22 ‘‘(1) IN GENERAL.—Not later than 30 months 

23 after the date of enactment of the National Aquatic 

24 Invasive Species Act of 2007, the National Invasive 

25 Species Council, in conjunction with the Task Force 


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1 and in consultation with affected regional panels, 

2 States, Indian tribes, and other stakeholders, shall 

3 promulgate guidelines for screening proposed 

4 planned importations of aquatic organisms into the 

5 United States. 

6 ‘‘(2) CONTENT.—At a minimum, the guidelines 

7 under paragraph (1) shall include guidelines relating 

8 to— 

9 ‘‘(A) the minimum information require10 ments for screening determinations under sub11 section (e); 

12 ‘‘(B) a simplified notification procedure for 

13 any additional shipment of organisms that may 

14 occur after completion of an initial screening 

15 process and determination under subsection (e); 

16 ‘‘(C) application forms; and 

17 ‘‘(D) shipping labels. 

18 ‘‘(3) FACTORS FOR CONSIDERATION.—In devel19 oping guidelines under this section, the National 

20 Invasive Species Council and the Task Force shall 

21 take into consideration— 

22 ‘‘(A) the likelihood of the spread of the ap23 plicable species by human or natural means; 

24 ‘‘(B) species that may occur in association 

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1 cluding pathogens, parasites, and free-living or2 ganisms; 

3 ‘‘(C) regional differences in the probability 

4 of invasion and associated impacts; 

5 ‘‘(D) the difficulty of controlling an estab6 lished population of an aquatic invasive species 

7 in the wild; 

8 ‘‘(E) the profile established under section 

9 1108(b); 

10 ‘‘(F) any applicable best available science; 

11 ‘‘(G) the potential benefits associated with 

12 the species; and 

13 ‘‘(H) the requirements of international law. 

14 ‘‘(e) SCREENING.— 

15 ‘‘(1) EVALUATION.— 

16 ‘‘(A) IN GENERAL.—Not later than 180 

17 days after the date of publication of the guide18 lines under subsection (d), each Federal agency 

19 with authority over an importation into the 

20 United States of an aquatic organism of a spe21 cies that is not in trade, as determined in ac22 cordance with the catalog under subsection (b), 

23 and that is proposed for importation into the 

24 United States, shall— 


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1 ‘‘(i) promulgate regulations in accord2 ance with the guidelines under subsection 

3 (d); and 

4 ‘‘(ii) carry out screening in accordance 

5 with this subsection. 

6 ‘‘(B) REQUIREMENTS.—The head a Fed7 eral agency described in subparagraph (A) or 

8 the Director, as applicable, shall— 

9 ‘‘(i) prohibit the importation into the 

10 United States of any species described in 

11 clause (i) or (iii) of paragraph (2)(B), un12 less the importation is for the sole purpose 

13 of research conducted in accordance with 

14 section 1202(f)(2); 

15 ‘‘(ii) restrict, as necessary, the impor16 tation of any species described in sub17 section (2)(B)(ii), unless the importation is 

18 for the sole purpose of research conducted 

19 in accordance with section 1202(f)(2); 

20 ‘‘(iii) make a determination under this 

21 subsection not later than 180 days after 

22 receiving a complete request for permission 

23 to import a aquatic organism; and 

24 ‘‘(iv) make the results of the screening 

25 process available to the public. 


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1 ‘‘(2) CATEGORIES.—The screening process 

2 under this subsection shall require— 

3 ‘‘(A) to the maximum extent practicable, 

4 the identification, preferably to the species level 

5 but, at a minimum, to the genus level, of aquat6 ic organisms proposed for importation; and 

7 ‘‘(B) the designation of— 

8 ‘‘(i) species with a high or moderate 

9 probability of undesirable impacts to areas 

10 within the United States and contiguous 

11 areas of neighboring countries to which the 

12 species is likely to be spread; 

13 ‘‘(ii) species with a low or no prob14 ability of undesirable impacts to areas 

15 within the United States and contiguous 

16 areas of neighboring counties to which the 

17 species is likely to be spread; and 

18 ‘‘(iii) species with respect to which 

19 there is insufficient information to deter20 mine the risk of such undesirable impacts. 

21 ‘‘(3) DELEGATION AND AUTHORITY.— 

22 ‘‘(A) IN GENERAL.—If no Federal agency 

23 has the authority described in paragraph 

24 (1)(A), or if the head of such a Federal agency 

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1 tor under subparagraph (B), the Director shall 

2 screen the organism. 

3 ‘‘(B) DELEGATION TO DIRECTOR.—The 

4 head of a Federal agency with the authority de5 scribed in paragraph (1)(A) may delegate to the 

6 Director the authority to carry out the screen7 ing process under this subsection. 

8 ‘‘(C) UNITED STATES FISH AND WILDLIFE

9 SERVICE.— 

10 ‘‘(i) IN GENERAL.—The Director may 

11 restrict or prohibit the importation of an 

12 aquatic organism of a species not in trade 

13 in accordance with the regulations promul14 gated under paragraph (1)(A)(i) if— 

15 ‘‘(I) no other Federal agency has 

16 authority to regulate the importation 

17 of the species; or 

18 ‘‘(II) the head of a Federal agen19 cy delegates authority to the Director 

20 under subparagraph (B). 

21 ‘‘(ii) SCREENING REQUIREMENTS.— 

22 The Director shall promulgate screening 

23 requirements in accordance with the guide24 lines under subsection (d) to evaluate any 

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1 nism, including an importation carried out 

2 by a Federal agency, that is not otherwise 

3 subject to Federal authority to permit the 

4 importation. 

5 ‘‘(D) MULTIPLE JURISDICTION.— 

6 ‘‘(i) IN GENERAL.—If more than 1 

7 Federal agency has jurisdiction over the 

8 importation of an aquatic organism, the 

9 agencies shall conduct only 1 screening 

10 process in accordance with a memorandum 

11 of understanding described in paragraph 

12 (4). 

13 ‘‘(ii) CULTURED AQUATIC ORGA14 NISMS.—The Secretary of Agriculture shall 

15 conduct screening of any aquatic organism 

16 imported to be cultured. 

17 ‘‘(E) AGENCY-INITIATED SCREENING.—At 

18 the discretion of the Federal agency with juris19 diction over the importation of a species not in 

20 trade, the Federal agency may initiate a screen21 ing process for a species for which no other per22 son has filed an application for importation. 

23 ‘‘(4) MEMORANDUM OF UNDERSTANDING.— 

24 ‘‘(A) IN GENERAL.—The Director shall 

25 enter into a memorandum of understanding 


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1 with each Federal agency with the authority to 

2 conduct screening under this subsection. 

3 ‘‘(B) CONTENTS.—A memorandum of un4 derstanding under subparagraph (A) shall con5 tain, at a minimum— 

6 ‘‘(i) a description of the relationship 

7 between, and responsibilities of, each Fed8 eral agency, including a process desig9 nating a lead agency in cases in which 

10 multiple agencies have jurisdiction over the 

11 screening of an aquatic species; 

12 ‘‘(ii) the process by which the Director 

13 will delegate screening duties to, and re14 ceive delegation from, other agencies of ju15 risdiction; and 

16 ‘‘(iii) the process by which the agency 

17 and the National Invasive Species Council 

18 will coordinate and share information re19 quired for the screening of a species. 

20 ‘‘(f) REVIEW AND REVISION.— 

21 ‘‘(1) IN GENERAL.—Not less frequently than 

22 once every 3 years, the National Invasive Species 

23 Council, in conjunction with the Task Force, shall 

24 review and revise, based on research on early detec25 tion and monitoring under section 1106 and other 


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1 information, the guidelines, screening, and other ac2 tivities carried out under this section. 

3 ‘‘(2) REPORT.—Together with the report re4 quired under section 1201(f)(2)(B), the National 

5 Invasive Species Council shall submit to Congress— 

6 ‘‘(A) an evaluation of the effectiveness of 

7 the screening process carried out under sub8 section (e); 

9 ‘‘(B) the consistency of the application of 

10 the screening process by Federal agencies; and 

11 ‘‘(C) recommendations for revisions of the 

12 screening process. 

13 ‘‘(g) PROHIBITIONS.— 

14 ‘‘(1) IN GENERAL.—Except as otherwise pro15 vided in this section, it shall be unlawful to import 

16 an aquatic organism of a species not in trade. 

17 ‘‘(2) PENALTIES.— 

18 ‘‘(A) CIVIL PENALTY.—Any person that 

19 violates subsection (c) shall be liable for a civil 

20 penalty in an amount not to exceed $50,000. 

21 ‘‘(B) CRIMINAL PENALTIES.—Any person 

22 that knowingly violates subsection (c) is guilty 

23 of a class C felony. 

24 ‘‘(h) FEES.—The head of any agency that has juris25 diction over a planned importation of an aquatic species 


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1 subject to screening under this section may increase the 

2 amount of any appropriate fee that is charged under an 

3 applicable law (including regulations) to offset the cost of 

4 screening carried out under this section. 

5 ‘‘(i) EFFECT ON OTHER LAWS.— 

6 ‘‘(1) IN GENERAL.—Nothing in this section re7 peals, supersedes, or modifies any provision of Fed8 eral or State law relating to the screening process 

9 for aquatic species importation. 

10 ‘‘(2) MORE PROTECTIVE LAWS.—A State, the 

11 District of Columbia, or a territory of the Untied 

12 States may adopt an aquatic plant or animal impor13 tation law, regulation, or policy that requires a more 

14 protective screening process for aquatic species im15 portation than the regulations and policies of this 

16 section.’’. 

17 TITLE III—EARLY DETECTION; 

18 RAPID RESPONSE; CONTROL 

19 AND OUTREACH 

20 SEC. 301. EARLY DETECTION. 

21 Subtitle B of the Nonindigenous Aquatic Nuisance 

22 Prevention and Control Act of 1990 (16 U.S.C. 4711 et 

23 seq.) (as amended by section 202) is amended by adding 

24 at the end the following: 


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1 ‘‘SEC. 1106. EARLY DETECTION AND MONITORING. 

2 ‘‘(a) IN GENERAL.—Not later than 18 months after 

3 the date of enactment of the National Aquatic Invasive 

4 Species Act of 2007, in conjunction with the Council, the 

5 Task Force shall (based on the standard protocol for early 

6 detection surveys developed under this title), promulgate 

7 a set of sampling protocols, a geographic plan, and budget 

8 to support a national system of ecological surveys to rap9 idly detect recently-established aquatic invasive species in 

10 waters of the United States. 

11 ‘‘(b) CONTENTS.—The protocols, plan, and budget 

12 shall, at a minimum— 

13 ‘‘(1) address a diversity of aquatic ecosystems 

14 of the United States (including inland and coastal 

15 waters); 

16 ‘‘(2) encourage State, local, port, and tribal 

17 participation in monitoring; 

18 ‘‘(3) balance scientific rigor with practicability, 

19 timeliness, and breadth of sampling activity; 

20 ‘‘(4) considers the pathways and organisms 

21 identified under section 1210; 

22 ‘‘(5) include a capacity to evaluate the impacts 

23 of permitted importations screened by the processes 

24 established under section 1105; and 


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1 ‘‘(6) include clear lines of communication with 

2 appropriate Federal, State, and regional rapid re3 sponse authorities. 

4 ‘‘(c) IMPLEMENTATION.—Not later than 3 years after 

5 the date of enactment of the National Aquatic Invasive 

6 Species Act of 2007, the Director of the United States 

7 Geological Survey, the Administrator of the National Oce8 anic and Atmospheric Administration, and the Adminis9 trator (in consultation with the National Invasive Species 

10 Council and in coordination with other agencies and orga11 nizations) shall implement a national system of ecological 

12 surveys that is— 

13 ‘‘(1) carried out in cooperation with State, 

14 local, port, tribal authorities, and other non-Federal 

15 entities (such as colleges and universities); and 

16 ‘‘(2) based on the protocols, plan, and budget 

17 published under subsection (a) and any public com18 ment.’’. 

19 SEC. 302. RAPID RESPONSE. 

20 Subtitle C of title I of the Nonindigenous Aquatic 

21 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

22 4721 et seq.) (as amended by section 201) is amended 

23 by adding at the end the following: 

24 ‘‘SEC. 1211. RAPID RESPONSE. 

25 ‘‘(a) EMERGENCY RAPID RESPONSE FUND.— 


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1 ‘‘(1) ESTABLISHMENT.—There is established in 

2 the Treasury of the United States a revolving fund 

3 to assist States in implementing rapid response 

4 measures for aquatic invasive species, to be known 

5 as the ‘Emergency Rapid Response Fund’ (referred 

6 to in this subsection as the ‘Fund’), consisting of— 

7 ‘‘(A) such amounts as are appropriated to 

8 the Fund under section 1301(g)(2)(A); and 

9 ‘‘(B) any interest earned on investment of 

10 amounts in the Fund under paragraph (3). 

11 ‘‘(2) EXPENDITURES FROM FUND.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (C), on request by the Secretary of the 

14 Interior, the Secretary of the Treasury shall 

15 transfer from the Fund to the Secretary of the 

16 Interior such amounts as the Secretary of the 

17 Interior determines are necessary to provide fi18 nancial assistance to a State or the Federal 

19 rapid response team under subparagraph (B) to 

20 assist in implementing rapid response measures 

21 for aquatic invasive species. 

22 ‘‘(B) STATE ASSISTANCE.— 

23 ‘‘(i) IN GENERAL.—A State may sub24 mit to the Secretary of the Interior an apVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 plication for emergency response assistance 

2 from the Fund. 

3 ‘‘(ii) APPROVAL.—If the Secretary of 

4 the Interior approves an application sub5 mitted under clause (i), the Secretary shall 

6 use amounts provided to the Secretary 

7 under subparagraph (A)— 

8 ‘‘(I) in a case in which a State 

9 has in effect a rapid response contin10 gency strategy that is approved under 

11 subsection (b), to provide emergency 

12 response assistance to the State; and 

13 ‘‘(II) in a case in which the State 

14 does not have a rapid response contin15 gency strategy approved under sub16 section (b) in effect, to provide emer17 gency response assistance to the Fed18 eral rapid response team established 

19 under subsection (f). 

20 ‘‘(iii) ADDITIONAL FUNDS.—If addi21 tional amounts are needed for the conduct 

22 of emergency response activities in the 

23 State, the Secretary of the Interior may 

24 provide additional assistance to the State 


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1 or Federal rapid response team under this 

2 paragraph. 

3 ‘‘(C) ADMINISTRATIVE EXPENSES.—An 

4 amount not to exceed 10 percent of the 

5 amounts in the Fund shall be available for each 

6 fiscal year to pay the administrative expenses 

7 necessary to carry out this Act. 

8 ‘‘(3) INVESTMENT OF AMOUNTS.— 

9 ‘‘(A) IN GENERAL.—The Secretary of the 

10 Treasury shall invest such portion of the Fund 

11 as is not, in the judgment of the Secretary of 

12 the Treasury, required to meet current with13 drawals. 

14 ‘‘(B) INTEREST-BEARING OBLIGATIONS.— 

15 Investments may be made only in interest-bear16 ing obligations of the United States. 

17 ‘‘(C) ACQUISITION OF OBLIGATIONS.—For 

18 the purpose of investments under subparagraph 

19 (A), obligations may be acquired— 

20 ‘‘(i) on original issue at the issue 

21 price; or 

22 ‘‘(ii) by purchase of outstanding obli23 gations at the market price. 


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1 ‘‘(D) SALE OF OBLIGATIONS.—Any obliga2 tion acquired by the Fund may be sold by the 

3 Secretary of the Treasury at the market price. 

4 ‘‘(E) CREDITS TO FUND.—The interest on, 

5 and the proceeds from the sale or redemption 

6 of, any obligations held in the Fund shall be 

7 credited to and form a part of the Fund. 

8 ‘‘(4) TRANSFERS OF AMOUNTS.— 

9 ‘‘(A) IN GENERAL.—The amounts required 

10 to be transferred to the Fund under this section 

11 shall be transferred at least monthly from the 

12 general fund of the Treasury to the Fund on 

13 the basis of estimates made by the Secretary of 

14 the Treasury. 

15 ‘‘(B) ADJUSTMENTS.—Proper adjustment 

16 shall be made in amounts subsequently trans17 ferred to the extent prior estimates were in ex18 cess of or less than the amounts required to be 

19 transferred. 

20 ‘‘(b) STATE RAPID RESPONSE CONTINGENCY STRAT21 EGIES.—The Task Force, in consultation with the Na22 tional Invasive Species Council, shall approve a rapid re23 sponse contingency strategy of a State if the strategy— 


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1 ‘‘(1) identifies all key governmental and non2 governmental partners to be involved in carrying out 

3 the strategy; 

4 ‘‘(2) clearly designates the authorities and re5 sponsibilities of each partner, including the authority 

6 of any State or government of an Indian tribe to dis7 tribute emergency funds; 

8 ‘‘(3) specifies criteria for rapid response meas9 ures, including a diagnostic system that— 

10 ‘‘(A) distinguishes cases in which rapid re11 sponse has a likelihood of success and cases in 

12 which rapid response has no likelihood of suc13 cess; 

14 ‘‘(B) distinguishes rapid response meas15 ures from ongoing management and control of 

16 established populations of aquatic invasive spe17 cies; and 

18 ‘‘(C) distinguishes instances in which the 

19 rate and probability of organism dispersal is 

20 significantly altered by vessel movements; 

21 ‘‘(4) includes an early detection strategy that 

22 supports or complements the early detection and 

23 monitoring system developed under section 1108; 

24 ‘‘(5) provides for a monitoring capability to as25 sess— 


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1 ‘‘(A) the extent of infestations; and 

2 ‘‘(B) the effectiveness of rapid response ef3 forts; 

4 ‘‘(6) to the maximum extent practicable, is inte5 grated into the State aquatic invasive species man6 agement plan approved under section 1204; 

7 ‘‘(7) to the maximum extent practicable, in8 cludes rapid response tools that meet environmental 

9 criteria developed under subsection (f)(4); 

10 ‘‘(8) includes a public education and outreach 

11 component directed at— 

12 ‘‘(A) potential pathways for spread of 

13 aquatic invasive species; and 

14 ‘‘(B) persons involved in industries and 

15 recreational activities associated with those 

16 pathways; and 

17 ‘‘(9) to the extent that the strategy involves 

18 vessels, conforms with guidelines issued by the Sec19 retary under subsection (d)(2). 

20 ‘‘(c) REGIONAL RAPID RESPONSE CONTINGENCY

21 STRATEGIES.—The Task Force, with the concurrence of 

22 the National Invasive Species Council and in consultation 

23 with the regional panels of the Task Force established 

24 under section 1203, shall encourage the development of 

25 regional rapid response contingency strategies that— 


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1 ‘‘(1) provide a consistent and coordinated ap2 proach to rapid response; and 

3 ‘‘(2) are approved by— 

4 ‘‘(A) the Secretary; and 

5 ‘‘(B) the Governors and Indian tribes hav6 ing jurisdiction over areas within a region. 

7 ‘‘(d) MODEL RAPID RESPONSE CONTINGENCY

8 STRATEGIES.—Not later than 18 months after the date 

9 of enactment of the National Aquatic Invasive Species Act 

10 of 2007— 

11 ‘‘(1) the Task Force, with the concurrence of 

12 the National Invasive Species Council and the re13 gional panels of the Task Force established under 

14 section 1203, shall develop— 

15 ‘‘(A) a model State rapid response contin16 gency strategy (including rapid assessment ca17 pability) for aquatic invasive species that meets, 

18 to the maximum extent practicable, the require19 ments of paragraphs (1) through (9) of sub20 section (b); and 

21 ‘‘(B) a model regional rapid response con22 tingency strategy (including rapid assessment 

23 capability) for aquatic invasive species; and 

24 ‘‘(2) the Secretary, in concurrence with the 

25 Task Force and the regional panels of the Task 


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1 Force, shall issue guidelines that describe vessel-re2 lated requirements that may be used in a rapid re3 sponse contingency strategy approved under this sec4 tion. 

5 ‘‘(e) COST SHARING.— 

6 ‘‘(1) STATE RAPID RESPONSE CONTINGENCY

7 STRATEGIES.—The Federal share of the cost of ac8 tivities carried out under a State rapid response con9 tingency strategy approved under subsection (b) 

10 shall be not less than 50 percent. 

11 ‘‘(2) REGIONAL RAPID RESPONSE CONTINGENCY

12 STRATEGIES.—The Federal share of the cost of ac13 tivities carried out under a regional rapid response 

14 contingency strategy approved under subsection (c) 

15 shall be not less than 75 percent. 

16 ‘‘(3) FORM OF NON-FEDERAL SHARE.—The 

17 non-Federal share required under paragraph (1) or 

18 (2) may be in the form of in-kind contributions. 

19 ‘‘(f) FEDERAL RAPID RESPONSE TEAMS.— 

20 ‘‘(1) ESTABLISHMENT OF TEAMS.—Not later 

21 than 1 year after the date of enactment of the Na22 tional Aquatic Invasive Species Act of 2007, the Na23 tional Invasive Species Council, in coordination with 

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1 sponse team for each of the 10 Federal regions that 

2 comprise the Standard Federal Regional Boundary 

3 System. 

4 ‘‘(2) DUTIES OF TEAMS.—Each Federal rapid 

5 response team shall, at a minimum— 

6 ‘‘(A) implement rapid eradication or con7 trol responses for newly detected aquatic 

8 invasive species on Federal and tribal land; 

9 ‘‘(B) carry out, or assist in carrying out, 

10 rapid responses for newly detected aquatic 

11 invasive species on non-Federal land at the re12 quest of a State, Indian tribe, or group of 

13 States or Indian tribes; 

14 ‘‘(C) provide training and expertise for 

15 State, tribal, or regional rapid responders; 

16 ‘‘(D) provide central sources of informa17 tion for rapid responders; 

18 ‘‘(E) maintain a list of researchers and 

19 rapid response volunteers; and 

20 ‘‘(F) in carrying out any rapid response 

21 activity with respect to an aquatic noxious weed 

22 listed under section 412(f) of the Plant Protec23 tion Act (7 U.S.C. 7712(f)), include representa24 tives of the Animal and Plant Health Inspection 

25 Service. 


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1 ‘‘(3) CRITERIA FOR IDENTIFYING CASES OF

2 RAPID RESPONSE WARRANTING FEDERAL ASSIST3 ANCE.—Not later than 1 year after the date of en4 actment of the National Aquatic Invasive Species 

5 Act of 2007, the Task Force, with the concurrence 

6 of the National Invasive Species Council, shall de7 velop criteria to identify cases warranting Federal 

8 assistance for rapid assessment and response under 

9 this subsection, including indicative criteria relating 

10 to, at a minimum— 

11 ‘‘(A) the extent to which infestations of 

12 aquatic invasive species may be managed suc13 cessfully by rapid response; 

14 ‘‘(B) the extent to which rapid response ef15 forts may differ from ongoing management and 

16 control; and 

17 ‘‘(C) the extent to which infestations of 

18 nonindigenous aquatic invasive species are con19 sidered to be an acute or chronic threat to— 

20 ‘‘(i) biodiversity of native aquatic or21 ganisms; 

22 ‘‘(ii) habitats of native fish and wild23 life; or 

24 ‘‘(iii) human health. 


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1 ‘‘(4) ENVIRONMENTAL CRITERIA.—Not later 

2 than 1 year after the date of enactment of the Na3 tional Aquatic Invasive Species Act of 2007, the Ad4 ministrator, in consultation with the National 

5 Invasive Species Council, the Secretary of Transpor6 tation, the Task Force (including regional panels of 

7 the Task Force established under section 1203), the 

8 Director, and the Director of the National Marine 

9 Fisheries Service, shall develop environmental cri10 teria to minimize nontarget environmental impacts 

11 of rapid responses carried out pursuant to this sec12 tion.’’. 

13 SEC. 303. DISPERSAL BARRIERS. 

14 (a) IN GENERAL.—Section 1202 of the Nonindige15 nous Aquatic Nuisance Prevention and Control Act of 

16 1990 (16 U.S.C. 4722) is amended— 

17 (1) by redesignating subsections (j) and (k) as 

18 subsections (l) and (m), respectively; and 

19 (2) by inserting after subsection (i) the fol20 lowing: 

21 ‘‘(j) NATIONAL DISPERSAL BARRIER PROGRAM.— 

22 ‘‘(1) CONSOLIDATION OF PROJECTS.— 

23 ‘‘(A) IN GENERAL.—The Chicago Sanitary 

24 and Ship Canal Dispersal Barrier Project (re25 ferred to in this paragraph as ‘Barrier I’) (as 


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1 in existence on the date of enactment of the 

2 National Aquatic Invasive Species Act of 2007), 

3 constructed as a demonstration project under 

4 subsection (i)(3), and the project relating to the 

5 Chicago Sanitary and Ship Canal Dispersal 

6 Barrier, as authorized by section 345 of the 

7 District of Columbia Appropriations Act, 2005 

8 (Public Law 108–335; 118 Stat. 1352) (re9 ferred to in this paragraph as ‘Barrier II’), 

10 shall be considered to constitute a single 

11 project. 

12 ‘‘(B) ACTIVITIES RELATING TO BARRIER I

13 AND BARRIER II.— 

14 ‘‘(i) DUTIES OF SECRETARY.—The 

15 Secretary shall— 

16 ‘‘(I) upgrade and make perma17 nent Barrier I; 

18 ‘‘(II) construct Barrier II, not19 withstanding the project cooperation 

20 agreement with the State of Illinois 

21 dated June 14, 2005; 

22 ‘‘(III) operate and maintain Bar23 rier I and Barrier II as a system to 

24 optimize effectiveness; 


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1 ‘‘(IV) conduct, in consultation 

2 with appropriate Federal, State, local, 

3 and nongovernmental entities, a study 

4 of a full range of options and tech5 nologies for reducing impacts of haz6 ards that may reduce the efficacy of 

7 the Barriers; and 

8 ‘‘(V) provide to each State a 

9 credit in an amount equal to the 

10 amount of funds contributed by the 

11 State toward Barrier II. 

12 ‘‘(ii) APPLICATION OF CREDIT.—A 

13 State may apply a credit received under 

14 clause (i)(V) to any cost-sharing responsi15 bility for an existing or future Federal 

16 project with the Corps of Engineers in the 

17 State. 

18 ‘‘(C) FEASIBILITY STUDY.—The Secretary, 

19 in consultation with appropriate Federal, State, 

20 local, and nongovernmental entities, shall con21 duct a feasibility study, at full Federal expense, 

22 of the range of options and technologies avail23 able to prevent the spread of aquatic nuisance 

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1 tary and Ship Canal and other aquatic path2 ways. 

3 ‘‘(2) MONITORING PROGRAM.— 

4 ‘‘(A) ESTABLISHMENT.—Not later than 1 

5 year after the date of enactment of the Na6 tional Aquatic Invasive Species Act of 2007, the 

7 Secretary of the Interior shall establish an 

8 interbasin and intrabasin monitoring program. 

9 ‘‘(B) REQUIRED ELEMENTS.—The moni10 toring program shall— 

11 ‘‘(i) track aquatic invasive species 

12 moving through— 

13 ‘‘(I) the Chicago River Ship and 

14 Sanitary Canal; 

15 ‘‘(II) the Lake Champlain Canal; 

16 ‘‘(III) other interbasin water17 ways; and 

18 ‘‘(IV) major river systems (such 

19 as the Mississippi River), as rec20 ommended by regional panels con21 vened under section 1203, in which 

22 interbasin transfers of aquatic 

23 invasive species have been shown to 

24 pose a significant threat to fish and 

25 wildlife resources; 


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1 ‘‘(ii) assess the efficacy of dispersal 

2 barriers and other measures in preventing 

3 the spread of aquatic invasive species 

4 through the waterways; and 

5 ‘‘(iii) identify waterways suitable for 

6 dispersal barrier demonstration projects, in 

7 addition to the waterways at which dis8 persal barrier demonstration projects were 

9 carried out before the date of enactment of 

10 the National Aquatic Invasive Species Act 

11 of 2007. 

12 ‘‘(C) REPORTS.—The Secretary of the In13 terior shall issue biennial reports describing the 

14 findings of the monitoring program. 

15 ‘‘(3) PREVENTION AND MITIGATION PLANS FOR

16 CORPS PROJECTS.—In developing projects involving 

17 interbasin waterways or other hydrologic alterations 

18 that could create pathways for aquatic invasive spe19 cies, the Assistant Secretary shall develop adequate 

20 prevention and mitigation plans for controlling the 

21 dispersal of the aquatic invasive species. 

22 ‘‘(4) TECHNICAL ASSISTANCE.—The Adminis23 trator of the National Oceanic and Atmospheric Ad24 ministration, acting through the Great Lakes Envi25 ronmental Research Laboratory, shall provide techVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 nical assistance to appropriate entities to assist in 

2 the research conducted under this subsection. 

3 ‘‘(5) ADDITIONAL WATERWAYS.—The Assistant 

4 Secretary, with the concurrence of the Adminis5 trator, and other relevant Federal agencies, shall— 

6 ‘‘(A) identify additional waterways suitable 

7 for the construction of new dispersal barriers 

8 (based on the monitoring program established 

9 under paragraph (2)); 

10 ‘‘(B) determine the feasibility of a dis11 persal barrier project at the Lake Champlain 

12 Canal and in the Upper Mississippi River and, 

13 if feasible, establish a plan for a dispersal bar14 rier at the Lake Champlain Canal and in the 

15 Upper Mississippi River; and 

16 ‘‘(C) construct, maintain, and operate such 

17 dispersal barriers as necessary. 

18 ‘‘(6) REPORTS.—Not later than 3 years after 

19 the date of enactment of the National Aquatic 

20 Invasive Species Act of 2007, the Assistant Sec21 retary and the Director shall jointly submit to Con22 gress a report that describes— 

23 ‘‘(A) the efficacy of the Chicago River Ship 

24 and Sanitary Canal dispersal barrier project; 

25 and 


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1 ‘‘(B) a plan to provide for additional dis2 persal barrier demonstration projects and re3 lated research projects.’’. 

4 (b) CONFORMING AMENDMENT.—Section 345 of the 

5 District of Columbia Appropriations Act, 2005 (Public 

6 Law 108–335; 118 Stat. 1352), is amended to read as 

7 follows: 

8 ‘‘SEC. 345. There are authorized to be appropriated 

9 such sums as are necessary to carry out the Barrier II 

10 project of the project for the Chicago Sanitary and Ship 

11 Canal Dispersal Barrier, Illinois, initiated pursuant to sec12 tion 1135 of the Water Resources Development Act of 

13 1986 (33 U.S.C. 2309a).’’. 

14 SEC. 304. ENVIRONMENTAL SOUNDNESS. 

15 Section 1202 of the Nonindigenous Aquatic Nuisance 

16 Prevention and Control Act of 1990 (16 U.S.C. 4722) (as 

17 amended by section 303) is amended by inserting after 

18 subsection (j) the following: 

19 ‘‘(k) IMPROVEMENT OF TREATMENT METHODS FOR

20 AQUATIC INVASIVE SPECIES.— 

21 ‘‘(1) CRITERIA TO EVALUATE ENVIRONMENTAL

22 SOUNDNESS OF TREATMENT METHODS.— 

23 ‘‘(A) IN GENERAL.—Not later than 1 year 

24 after the date of enactment of the National 

25 Aquatic Invasive Species Act of 2007, the AdVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 ministrator, in consultation with the Secretary, 

2 the National Invasive Species Council, and the 

3 Task Force (including any regional panels of 

4 the Task Force) shall promulgate criteria to 

5 evaluate the treatment methods described in 

6 subparagraph (B) for the purpose of ensuring 

7 that the treatment methods pose no significant 

8 threat of adverse effect on human health, public 

9 safety, or the environment (including air quality 

10 and the aquatic environment) that is acute, 

11 chronic, cumulative, or collective. 

12 ‘‘(B) TREATMENT METHODS.—The treat13 ment methods referred to in subparagraph (A) 

14 are all mechanical, physical, chemical, biologi15 cal, and other treatment methods used in bodies 

16 of water of the United States (regardless of 

17 whether the bodies of water are navigable and 

18 regardless of the origin of the waters), to pre19 vent, treat, or respond to the introduction of 

20 aquatic invasive species. 

21 ‘‘(C) CONSULTATION.—In carrying out 

22 subparagraph (A), the Administrator shall con23 sult with— 

24 ‘‘(i) the Secretary of Transportation; 


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1 ‘‘(ii) the Task Force (including the re2 gional panels of the Task Force established 

3 under section 1203); 

4 ‘‘(iii) the Director; 

5 ‘‘(iv) the Assistant Secretary; 

6 ‘‘(v) the Director of the National Ma7 rine Fisheries Service; and 

8 ‘‘(vi) relevant State agencies. 

9 ‘‘(2) PUBLICATION OF INFORMATION ON ENVI10 RONMENTALLY SOUND TREATMENT METHODS.—The 

11 Administrator, in consultation with the National 

12 Invasive Species Council, shall publish (not later 

13 than 1 year after the date of enactment of the Na14 tional Aquatic Invasive Species Act of 2007) and up15 date annually— 

16 ‘‘(A) a list of environmentally sound treat17 ment methods that may apply to a potential 

18 aquatic invasive species response effort; 

19 ‘‘(B) accompanying research that supports 

20 the environmental soundness of each approved 

21 treatment method; and 

22 ‘‘(C) explicit guidelines under which each 

23 treatment method can be used in an environ24 mentally sound manner. 


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1 ‘‘(3) REPORTS.—The National Invasive Species 

2 Council and Task Force shall include the informa3 tion described in paragraph (2) in the reports sub4 mitted under section 1201(f)(2)(B).’’. 

5 SEC. 305. INFORMATION, EDUCATION, AND OUTREACH. 

6 Section 1202(h) of the Nonindigenous Aquatic Nui7 sance Prevention and Control Act of 1990 (16 U.S.C. 

8 4722(h)) is amended— 

9 (1) by striking ‘‘(h) EDUCATION.—The Task 

10 Force’’ and inserting the following: 

11 ‘‘(h) INFORMATION, EDUCATION, AND OUTREACH.— 

12 ‘‘(1) IN GENERAL.—The Task Force’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(2) ACTIVITIES.— 

15 ‘‘(A) IN GENERAL.—The programs carried 

16 out under paragraph (1) shall include the ac17 tivities described in this paragraph. 

18 ‘‘(B) PUBLIC OUTREACH.— 

19 ‘‘(i) PUBLIC WARNINGS.—Not later 

20 than 180 days after the date of enactment 

21 of the National Aquatic Invasive Species 

22 Act of 2007, each Federal officer of an 

23 agency that provides Federal funds to 

24 States for building or maintaining public 

25 access points to United States water bodies 


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1 shall amend the guidelines of the agency, 

2 in consultation with relevant State agen3 cies, to encourage the posting of regionally4 specific public warnings or other suitable 

5 informational and educational materials at 

6 the access points regarding— 

7 ‘‘(I) the danger of spread of 

8 aquatic invasive species through the 

9 transport of recreational watercraft; 

10 and 

11 ‘‘(II) methods for removing orga12 nisms prior to transporting a 

13 watercraft. 

14 ‘‘(ii) CLEANING OF WATERCRAFT AT

15 MARINAS.—Not later than 1 year after the 

16 date of enactment of the National Aquatic 

17 Invasive Species Act of 2007, the Under 

18 Secretary and the Director (in cooperation 

19 with the Task Force and in consultation 

20 with the States, relevant industry groups, 

21 and Indian tribes) shall develop an edu22 cation, outreach, and training program di23 rected toward marinas and marina opera24 tors regarding— 


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1 ‘‘(I) checking watercraft for live 

2 organisms; 

3 ‘‘(II) removing live organisms 

4 from the watercraft before the 

5 watercraft are commercially or 

6 recreationally trailered; 

7 ‘‘(III) encouraging regular hull 

8 cleaning and maintenance, avoiding 

9 in-water hull cleaning; and 

10 ‘‘(IV) other activities, as identi11 fied by the Secretary. 

12 ‘‘(iii) PROPER DISPOSAL OF NON13 INDIGENOUS LIVE AQUATIC ORGANISMS IN

14 TRADE.—The Task Force shall— 

15 ‘‘(I) not later than 1 year after 

16 the date of enactment of the National 

17 Aquatic Invasive Species Act of 2007, 

18 develop (in consultation with industry 

19 and other affected parties) guidelines 

20 for proper disposal of live nonindige21 nous aquatic organisms in trade; and 

22 ‘‘(II) use the guidelines in appro23 priate public information and out24 reach efforts. 

25 ‘‘(C) 100TH MERIDIAN PROGRAM.— 


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1 ‘‘(i) IN GENERAL.—Not later than 1 

2 year after the date of enactment of the 

3 National Aquatic Invasive Species Act of 

4 2007, the Task Force shall expand the in5 formation and education program directed 

6 at recreational boaters in States from 

7 which watercraft are transported westward 

8 across the 100th meridian. 

9 ‘‘(ii) ACTIVITIES.—In carrying out the 

10 program, the task force shall— 

11 ‘‘(I) survey owners of watercraft 

12 transported westward across the 

13 100th meridian to determine the 

14 States of origin of most such owners; 

15 ‘‘(II) provide information directly 

16 to watercraft owners concerning the 

17 importance of cleaning watercraft car18 rying live organisms before trans19 porting the watercraft; and 

20 ‘‘(III) support education and in21 formation programs of the States of 

22 origin to ensure that the State pro23 grams address westward spread. 

24 ‘‘(D) INFORMATION AND EDUCATION PRO25 GRAM BY NATIONAL PARK SERVICE.—The SecVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 retary of the Interior, acting through the Direc2 tor of the National Park Service, shall develop 

3 a program to provide public outreach and other 

4 educational activities to prevent the spread of 

5 aquatic invasive species by recreational 

6 watercraft in parkland or through events spon7 sored by the National Park Service. 

8 ‘‘(3) OUTREACH TO INDUSTRY.—The Task 

9 Force, in conjunction with the National Invasive 

10 Species Council, shall carry out activities to inform 

11 and promote voluntary cooperation and regulatory 

12 compliance by members of the national and inter13 national maritime, horticultural, aquarium, aqua14 culture, pet trade, and other appropriate industries 

15 with screening, monitoring, and control of the trans16 portation of aquatic invasive species. 

17 ‘‘(4) PUBLIC ACCESS TO MONITORING INFORMA18 TION.—The Task Force, the National Invasive Spe19 cies Council, and other relevant agencies, shall main20 tain information on the Internet regarding— 

21 ‘‘(A) the best approaches for the public 

22 and private interests to use in assisting with 

23 national early detection and monitoring of 

24 aquatic invasive species in waters of the United 

25 States; 


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1 ‘‘(B) contact locations for joining a na2 tional network of monitoring stations; 

3 ‘‘(C) approved State Management Plans 

4 under section 1204(a) and Rapid Response 

5 Contingency Strategies under subsections (b) 

6 and (c) of section 1211; and 

7 ‘‘(D) the list of potential invaders under 

8 section 1201(a)(4).’’. 

9 TITLE IV—AQUATIC INVASIVE 

10 SPECIES RESEARCH 

11 SEC. 401. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RE12 SEARCH. 

13 (a) IN GENERAL.—Subtitle B of the Nonindigenous 

14 Aquatic Nuisance Prevention and Control Act of 1990 (16 

15 U.S.C. 4711 et seq.) (as amended by section 301) is 

16 amended by adding at the end the following: 

17 ‘‘SEC. 1107. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL 

18 RESEARCH. 

19 ‘‘(a) DEFINITION OF ADMINISTERING AGENCIES.— 

20 ‘‘(1) IN GENERAL.—In this section and section 

21 1108, the term ‘administering agencies’ means— 

22 ‘‘(A) the Smithsonian Environmental Re23 search Center; 

24 ‘‘(B) the United States Geological Survey; 

25 and 


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1 ‘‘(C) the National Oceanic and Atmos2 pheric Administration (including the Great 

3 Lakes Environmental Research Laboratory). 

4 ‘‘(2) MEMORANDUM OF UNDERSTANDING.—The 

5 administering agencies shall enter into an agreement 

6 regarding implementation of this subtitle. 

7 ‘‘(3) CONSULTATION.—In carrying out this sec8 tion, the administering agencies shall consult with— 

9 ‘‘(A) the Task Force; 

10 ‘‘(B) the Environmental Protection Agen11 cy; 

12 ‘‘(C) the United States Fish and Wildlife 

13 Service; and 

14 ‘‘(D) other appropriate Federal and State 

15 agencies. 

16 ‘‘(4) COOPERATION.—In carrying out this sec17 tion, the administering agencies shall contract, as 

18 appropriate, or otherwise cooperate with academic 

19 researchers. 

20 ‘‘(b) PROGRAM.—The administering agencies shall 

21 develop (not later than 18 months after the date of enact22 ment of the National Aquatic Invasive Species Act of 

23 2007) and conduct a marine and freshwater research pro24 gram (including ecological and pathway surveys and ex25 perimentation) to assess rates of, patterns of, and condiVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 tions surrounding introductions of nonindigenous aquatic 

2 species in aquatic ecosystems. 

3 ‘‘(c) PURPOSE.—The purpose of the program is to 

4 support efforts to prevent the introduction of, and detect 

5 and eradicate, invasive species by— 

6 ‘‘(1) providing information for— 

7 ‘‘(A) early detection and rapid response ef8 forts; and 

9 ‘‘(B) relevant policy questions; and 

10 ‘‘(2) assessing the effectiveness of implemented 

11 policies (including any standard) to prevent the in12 troduction and spread of aquatic invasive species. 

13 ‘‘(d) PROTOCOL DEVELOPMENT.—The administering 

14 agencies shall— 

15 ‘‘(1) establish standardized protocols for con16 ducting surveys that are integrated and produce 

17 comparable data, and, as practicable, build on exist18 ing protocols and data collection methods (including 

19 surveys required under subsection (b)), including— 

20 ‘‘(A) protocols to support early detection 

21 surveys of nonindigenous aquatic species con22 ducted by Federal, State, or local agencies in23 volved in the management of invasive species, 

24 including surveys carried out pursuant to sec25 tion 1106; 


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1 ‘‘(B) protocols to support comprehensive 

2 ecological surveys conducted under this section 

3 for purposes of research and analysis of rates 

4 and patterns of invasions; and 

5 ‘‘(C) protocols to support pathway surveys; 

6 ‘‘(2) recommend a standardized approach for 

7 classifying species; 

8 ‘‘(3) when proposing protocols, consider rec9 ommendations made at the workshop conducted 

10 under subsection (h); 

11 ‘‘(4) subject the protocols to peer review; 

12 ‘‘(5) complete the protocols not later than 1 

13 year after the date of enactment of the National 

14 Aquatic Invasive Species Act of 2007; 

15 ‘‘(6) revise protocols as necessary; and 

16 ‘‘(7) disseminate the protocols to the Task 

17 Force and other Federal, State, and local stake18 holders. 

19 ‘‘(e) ECOLOGICAL AND PATHWAY SURVEY REQUIRE20 MENTS.— 

21 ‘‘(1) IN GENERAL.—Each comprehensive eco22 logical survey conducted under this section shall, at 

23 a minimum— 

24 ‘‘(A) document baseline ecological informa25 tion of the aquatic ecosystem, including— 


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1 ‘‘(i) to the maximum extent prac2 ticable, a comprehensive inventory of na3 tive species, nonindigenous species, and 

4 species of unknown origin, present in the 

5 ecosystem; and 

6 ‘‘(ii) the chemical and physical charac7 teristics of water and underlying substrate 

8 in the ecosystem; 

9 ‘‘(B) in the case of nonindigenous species, 

10 gather information to assist in identifying— 

11 ‘‘(i) the life history of the species; 

12 ‘‘(ii) the environmental requirements 

13 and tolerances of the species; 

14 ‘‘(iii) the native ecosystems of the spe15 cies; and 

16 ‘‘(iv) the history of the species spread 

17 from the native ecosystems of the species; 

18 ‘‘(C) track the establishment of nonindige19 nous species, including information about the 

20 estimated population of nonindigenous orga21 nisms to allow an analysis of the probable date 

22 of introduction of the species; and 

23 ‘‘(D) identify the likely pathway of entry of 

24 nonindigenous species. 


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1 ‘‘(2) MINIMUM REQUIREMENTS.—Each pathway 

2 survey conducted under this section shall, at a min3 imum— 

4 ‘‘(A) identify which nonindigenous aquatic 

5 species are being introduced, or have the poten6 tial to be introduced, through the pathways 

7 under consideration; 

8 ‘‘(B) determine the rate of organism intro9 duction through the pathways under consider10 ation; and 

11 ‘‘(C) determine the practices that contrib12 uted to or could contribute to the introduction 

13 of nonindigenous aquatic species through the 

14 pathways under consideration. 

15 ‘‘(f) NUMBER AND LOCATION OF SURVEY SITES.— 

16 ‘‘(1) REQUIRED SITES.—The administering 

17 agencies shall designate the number and location of 

18 survey sites necessary to carry out marine and fresh19 water research required under this section. 

20 ‘‘(2) EMPHASIS.—In carrying out paragraph 

21 (1) and subsection (g), the administering agencies 

22 shall give particular consideration to— 

23 ‘‘(A) the geographic diversity of sites; and 

24 ‘‘(B) the diversity of human uses and bio25 logical characteristics of sites. 


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1 ‘‘(g) COMPETITIVE GRANT PROGRAM.— 

2 ‘‘(1) IN GENERAL.—In order to assist in car3 rying out subsections (b) and (i), the administering 

4 agencies (acting through the National Oceanic and 

5 Atmospheric Administration) shall administer a pro6 gram to award grants to academic institutions, State 

7 agencies, and other appropriate groups. 

8 ‘‘(2) ADMINISTRATION.—The program required 

9 under this section shall be competitive, peer-re10 viewed, and merit-based. 

11 ‘‘(h) WORKSHOP.—Not later than 120 days after the 

12 date of enactment of the National Aquatic Invasive Spe13 cies Act of 2007, to assist in the development of the proto14 cols and design for the surveys under this section, the ad15 ministering agencies shall— 

16 ‘‘(1) convene a workshop among researchers 

17 from Federal and State agencies and academic insti18 tutions to obtain recommendations for the develop19 ment of the protocols and surveys; and 

20 ‘‘(2) make the results of the workshop widely 

21 available to the public. 

22 ‘‘(i) EXPERIMENTATION.—The administering agen23 cies shall conduct (at existing field stations and such other 

24 sites as may be appropriate) coordinated experiments on 

25 a range of taxonomic groups to identify— 


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1 ‘‘(1) the relationship between the introduction 

2 and establishment of nonindigenous aquatic species; 

3 and 

4 ‘‘(2) the circumstances necessary for the species 

5 to survive and thrive. 

6 ‘‘(j) NATIONAL PATHWAYS AND ECOLOGICAL SUR7 VEYS DATABASE.— 

8 ‘‘(1) IN GENERAL.—The United States Geologi9 cal Survey shall develop, maintain, and update, in 

10 consultation and cooperation with the Smithsonian 

11 Environmental Research Center and the National 

12 Oceanic and Atmospheric Administration, a central 

13 national database of information concerning infor14 mation collected under section 1107(b). 

15 ‘‘(2) REQUIREMENT.—The United States Geo16 logical Survey shall— 

17 ‘‘(A) make the database widely available to 

18 the public; 

19 ‘‘(B) update the database not less often 

20 than once every 90 days; 

21 ‘‘(C) coordinate the database with existing 

22 databases collecting similar information; and 

23 ‘‘(D) to the maximum extent practicable, 

24 format the databases in a manner such that the 

25 data is useful for researchers and Federal and 


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1 State employees managing relevant invasive 

2 species programs.’’. 

3 (b) VESSEL PATHWAY SURVEYS.—Section 

4 1102(b)(2)(B) of Nonindigenous Aquatic Nuisance Pre5 vention and Control Act of 1990 (16 U.S.C. 

6 4712(b)(2)(B)) is amended by striking clause (ii) and in7 serting the following: 

8 ‘‘(ii) examine other potential modes 

9 for the introduction of nonindigenous 

10 aquatic species by vessel, including hull 

11 fouling.’’. 

12 SEC. 402. ANALYSIS. 

13 (a) IN GENERAL.—Subtitle B of the Nonindigenous 

14 Aquatic Nuisance Prevention and Control Act of 1990 (16 

15 U.S.C. 4711 et seq.) (as amended by section 401(a)) is 

16 amended by adding at the end the following: 

17 ‘‘SEC. 1108. ANALYSIS. 

18 ‘‘(a) INVASION ANALYSIS.— 

19 ‘‘(1) IN GENERAL.—Not later than 3 years 

20 after the date of enactment of the National Aquatic 

21 Invasive Species Act of 2007, and annually there22 after, the administering agencies shall analyze data 

23 collected under section 1107 and other relevant re24 search, for the purpose of preventing the introducVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 tion of, detecting, and eradicating invasive species 

2 by— 

3 ‘‘(A) providing information for early detec4 tion and rapid response efforts; 

5 ‘‘(B) providing information for relevant 

6 policy questions; and 

7 ‘‘(C) assessing the effectiveness of imple8 mented policies to prevent the introduction and 

9 spread of invasive species. 

10 ‘‘(2) CONTENTS.—The analysis required under 

11 paragraph (1) shall include, with respect to aquatic 

12 invasive species— 

13 ‘‘(A) an analysis of pathways to— 

14 ‘‘(i) identify, and characterize as 

15 high-, medium-, or low-risk, regional and 

16 national pathways for the introduction of 

17 nonindigenous aquatic species into aquatic 

18 ecosystems; 

19 ‘‘(ii) identify new and expanding path20 ways through which nonindigenous aquatic 

21 species may be introduced into aquatic eco22 systems; 

23 ‘‘(iii) identify handling practices that 

24 contribute to the introduction of species in 

25 pathways; and 


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1 ‘‘(iv) assess the risk that species cur2 rently used in commerce pose for introduc3 tion into aquatic ecosystems; 

4 ‘‘(B) include patterns and rates of invasion 

5 and susceptibility to invasion of various types of 

6 bodies of water; 

7 ‘‘(C) consider the ways in which the risk of 

8 establishment of an aquatic invasive species 

9 through a pathway is related to the identity and 

10 number of organisms transported; 

11 ‘‘(D) consider rates of spread and numbers 

12 and types of pathways of spread of new popu13 lations of the aquatic invasive species and esti14 mate the potential for the spread and distribu15 tion of newly introduced invasive species based 

16 on the environmental requirements and histor17 ical distribution of the species; 

18 ‘‘(E) document factors that influence the 

19 vulnerability of an ecosystem to invasion by a 

20 nonindigenous aquatic species; 

21 ‘‘(F) include a description of the potential 

22 for, and impacts of, pathway management pro23 grams on invasion rates; 


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1 ‘‘(G) provide recommendations for im2 provements on the effectiveness of pathway 

3 management; 

4 ‘‘(H) to the extent practicable, determine 

5 the level of reduction in live organisms of var6 ious taxonomic groups required to reduce to an 

7 acceptable level the risk of establishment to re8 ceiving aquatic ecosystems; and 

9 ‘‘(I) evaluate the effectiveness of manage10 ment actions (including any standard) at reduc11 ing species introductions and establishment. 

12 ‘‘(3) REPORT.—The administering agencies 

13 shall submit to the Task Force a report on analyses 

14 conducted under this section. 

15 ‘‘(b) RESEARCH TO ASSESS THE POTENTIAL OF THE

16 ESTABLISHMENT OF INTRODUCED SPECIES.— 

17 ‘‘(1) IN GENERAL.—Not later than 2 years 

18 after the date of enactment of the National Aquatic 

19 Invasive Species Act of 2007, the administering 

20 agencies shall develop, conduct peer review of, and 

21 submit to the Task Force a profile of the general 

22 characteristics of invasive species, in order to— 

23 ‘‘(A) predict, to the extent practicable, 

24 whether a species planned for importation is 


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1 likely to invade a particular aquatic ecosystem 

2 if introduced; and 

3 ‘‘(B) support the development of the 

4 screening process authorized under section 

5 1105. 

6 ‘‘(2) RESEARCH.—In developing the profile, the 

7 administering agencies shall analyze the research 

8 conducted under section 1107 and other research as 

9 necessary to determine— 

10 ‘‘(A) characteristics of general species and 

11 ecosystems (taking into account the opportunity 

12 for introduction into any ecosystem); and 

13 ‘‘(B) circumstances that may lead to estab14 lishment of a nonindigenous aquatic organism. 

15 ‘‘(3) RECOMMENDATIONS.—Based on the pro16 file, the administering agencies shall develop and 

17 submit to the Task Force, for inclusion in the report 

18 to Congress developed under section 1201(f)(2)(B), 

19 recommendations concerning which planned importa20 tion of nonindigenous aquatic organisms warrant re21 striction under section 1105. 

22 ‘‘SEC. 1109. DISSEMINATION. 

23 ‘‘(a) IN GENERAL.—The National Invasive Species 

24 Council, in coordination with the Task Force, and the ad25 ministering agencies shall disseminate the information colVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 lected under this Act to Federal, State, and local entities 

2 (including relevant policymakers and private researchers 

3 with responsibility over or interest in aquatic invasive spe4 cies). 

5 ‘‘(b) REPORTS.—The National Invasive Species 

6 Council shall— 

7 ‘‘(1) not later than 3 years after the date of en8 actment of the National Aquatic Invasive Species 

9 Act of 2007, submit to Congress a report that de10 scribes the actions and findings carried out under 

11 this Act; and 

12 ‘‘(2) at least once every 3 years thereafter or 

13 more often as necessary, update the report. 

14 ‘‘(c) RESPONSE STRATEGY.—To enable Federal, 

15 State, and local entities having responsibility for respond16 ing to the introduction of potentially harmful nonindige17 nous aquatic species to better and more rapidly respond 

18 to those introductions, the National Invasive Species 

19 Council, in coordination with the Task Force, the admin20 istering agencies, and other appropriate Federal and State 

21 agencies, shall implement a national strategy for the shar22 ing of information collected under this Act with those enti23 ties. 

24 ‘‘(d) PATHWAY PRACTICES.—The National Invasive 

25 Species Council, in coordination with the Task Force, and 


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1 the administering agencies shall disseminate information 

2 to, and develop an ongoing educational program for, path3 way users (including vendors and customers) to inform 

4 those users about means by which users can prevent the 

5 intentional or unintentional introduction of nonindigenous 

6 aquatic species into aquatic ecosystems. 

7 ‘‘SEC. 1110. TECHNOLOGY DEVELOPMENT DEMONSTRATION 

8 AND VERIFICATION. 

9 ‘‘(a) ENVIRONMENTALLY SOUND TECHNOLOGY DE10 VELOPMENT, DEMONSTRATION AND VERIFICATION.— 

11 ‘‘(1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of the National Aquatic 

13 Invasive Species Act of 2007, the Administrator, in 

14 consultation with the Army Corps of Engineers and 

15 the administering agencies, shall develop and imple16 ment a grant program to fund research, develop17 ment, demonstration, and verification of environ18 mentally sound cost-effective technologies and meth19 ods to control and eradicate aquatic invasive species. 

20 ‘‘(2) PURPOSES.—Proposals funded under this 

21 program shall— 

22 ‘‘(A) provide funds to support on-going ef23 forts of Federal, State, or local officials to con24 trol and eradicate aquatic invasive species in an 

25 environmentally sound manner; 


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1 ‘‘(B) increase the number of environ2 mentally sound technologies or methods Fed3 eral, State, or local officials may use to control 

4 or eradicate aquatic invasive species; 

5 ‘‘(C) provide for the demonstration or dis6 semination of the technologies or methods to 

7 potential end-users; and 

8 ‘‘(D) verify that any technology or practice 

9 meets any appropriate criteria developed for ef10 fectiveness and environmental soundness that 

11 are established by the Administrator. 

12 ‘‘(3) PREFERENCE.—In making grants under 

13 this subsection, the Administrator shall give pref14 erence to proposals that meet criteria developed for 

15 environmental soundness that are established by the 

16 Administrator. 

17 ‘‘(4) MERIT REVIEW.—Grants awarded through 

18 this subsection shall be awarded through a competi19 tive, peer-reviewed process and shall be merit-based. 

20 ‘‘(5) REPORT.—Not later than 3 years after the 

21 date of enactment of the National Aquatic Invasive 

22 Species Act of 2007, the Administrator shall submit 

23 to Congress a report on the program conducted 

24 under this subsection, including findings and recVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 ommendations of the Secretary with respect to tech2 nologies and methods described in paragraph (1). 

3 ‘‘(b) DISPERSAL BARRIER RESEARCH PROGRAM.— 

4 Not later than 1 year after the date of enactment of the 

5 National Aquatic Invasive Species Act of 2007, the Assist6 ant Secretary, in conjunction with the Director and other 

7 appropriate Federal agencies and academic researchers, 

8 shall establish a research, development, and demonstration 

9 program— 

10 ‘‘(1) to study environmentally sound methods 

11 and technologies to reduce dispersal of aquatic 

12 invasive species through interbasin waterways; and 

13 ‘‘(2) to assess the potential for using those 

14 methods and technologies in other waterways.’’. 

15 (b) EXPANSION OF VESSEL PATHWAY TECHNOLOGY

16 DEMONSTRATION PROGRAM.—Section 1104(b) of the 

17 Nonindigenous Aquatic Nuisance Prevention and Control 

18 Act of 1990 (16 U.S.C. 4714(b)) is amended— 

19 (1) by redesignating paragraphs (4) and (5) as 

20 paragraphs (7) and (8), respectively; and 

21 (2) by inserting after paragraph (3) the fol22 lowing: 

23 ‘‘(4) ADDITIONAL PURPOSES.—The Secretary 

24 of the Interior and the Secretary of Commerce may 

25 demonstrate and verify technologies under this subVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 section to monitor and control pathways of organism 

2 transport on vessels other than through ballast 

3 water. 

4 ‘‘(5) PRIORITY.—In making grants under this 

5 subsection, the Secretary of the Interior and the 

6 Secretary of Commerce shall give priority to tech7 nologies that meet criteria established in any testing 

8 protocol developed under the Environmental Tech9 nology Verification program of the Administrator. 

10 ‘‘(6) WORKSHOP.—The Secretary of the Inte11 rior and the Secretary of Commerce shall— 

12 ‘‘(A) hold an annual workshop to encour13 age the exchange of information between and 

14 among— 

15 ‘‘(i) principal investigators for which 

16 funds are made available under this sub17 section; and 

18 ‘‘(ii) researchers conducting research 

19 directly relating to vessel pathway tech20 nology development; and 

21 ‘‘(B) make the results of the proceedings 

22 widely available to the public.’’. 

23 SEC. 403. VESSEL PATHWAY STANDARDS RESEARCH. 

24 Subtitle B of the Nonindigenous Aquatic Nuisance 

25 Prevention and Control Act of 1990 (16 U.S.C. 4711 et 


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1 seq.) (as amended by section 402(a)) is amended by add2 ing at the end the following: 

3 ‘‘SEC. 1111. VESSEL PATHWAY STANDARDS RESEARCH. 

4 ‘‘(a) RESEARCH PROGRAM.— 

5 ‘‘(1) IN GENERAL.—The Secretary and the Ad6 ministrator (in coordination with the National Oce7 anic and Atmospheric Administration, the Task 

8 Force, and other appropriate Federal agencies and 

9 academic researchers) shall develop and conduct a 

10 coordinated research program to support the estab11 lishment and implementation of standards to prevent 

12 the introduction and spread of aquatic invasive spe13 cies by vessels. 

14 ‘‘(2) COMPONENTS.—The research program 

15 shall include programs to— 

16 ‘‘(A) characterize physical, chemical, and 

17 biological harbor conditions relevant to ballast 

18 discharge into waters of the United States to 

19 provide information for the design and imple20 mentation of vessel vector control technologies 

21 and practices; 

22 ‘‘(B) develop testing protocols for deter23 mining the effectiveness of vector monitoring 

24 and control technologies and practices; 


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1 ‘‘(C) research and demonstrate methods 

2 for mitigating the spread of aquatic invasive 

3 species by coastal voyages, including the explo4 ration of the effectiveness of alternative ex5 change zones in the near coastal areas and 

6 other methods proposed to reduce the transfers 

7 of organisms; 

8 ‘‘(D) verify the practical effectiveness of 

9 any type approval process to ensure that the 

10 process produces repeatable and accurate as11 sessments of treatment effectiveness; and 

12 ‘‘(E) evaluate the effectiveness and resid13 ual risk and environmental impacts associated 

14 with any standard established with respect to a 

15 ship pathway through experimental research. 

16 ‘‘(b) PERFORMANCE TEST.—Not later than 1 year 

17 after the date of enactment of the National Aquatic 

18 Invasive Species Act of 2007, the Secretary, in conjunc19 tion with the National Institute of Standards and Tech20 nology and the Maritime Administration, shall design a 

21 performance test for ballast water exchange (such as a dye 

22 study) to measure the effectiveness of ballast water ex23 change. 

24 ‘‘(c) NATIONAL ACADEMY OF SCIENCES STUDY.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall enter 

2 into an agreement with the National Academy of 

3 Sciences under which the Academy shall— 

4 ‘‘(A) identify the relative risk of transfer of 

5 various taxonomic groups of invasive species by 

6 different vessel modes; 

7 ‘‘(B)(i) assess the extent to which a ballast 

8 water standard that virtually eliminates the risk 

9 of introduction of invasive species by ballast 

10 water may relate to the risk of introductions by 

11 all vessel modes; and 

12 ‘‘(ii) explain the degree of uncertainty in 

13 such an assessment; and 

14 ‘‘(C)(i) recommend methods for reducing 

15 the transfers of invasive species by vessels by 

16 addressing all parts and systems of vessels and 

17 all related modes of transport of invasive orga18 nisms; and 

19 ‘‘(ii) identify the research, development, 

20 and demonstration needed to improve the infor21 mation base to support those methods, includ22 ing economic information. 

23 ‘‘(2) REPORT.—Not later than 2 years after the 

24 date of enactment of the National Aquatic Invasive 

25 Species Act of 2007, the Secretary shall submit to 


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1 Congress a report that describes the results of the 

2 study under paragraph (1). 

3 ‘‘(3) IMPLEMENTATION OF RECOMMENDA4 TIONS.—Not later than the later of the date that is 

5 1 year after the date of submission of the report 

6 under paragraph (2) or the date that is 3 years after 

7 the date of enactment of the National Aquatic 

8 Invasive Species Act of 2007, the Task Force, in 

9 conjunction with the Administrator, administering 

10 agencies, and other appropriate Federal agencies, 

11 shall submit to the Secretary a report that describes 

12 recommendations for— 

13 ‘‘(A) a vessel pathway treatment standard 

14 that incorporates all potential modes of transfer 

15 by vessel; and 

16 ‘‘(B) methods for type approval and accu17 rate monitoring of treatment performance that 

18 are simple and streamlined and follow estab19 lished protocols. 

20 ‘‘(d) WORKING GROUP.— 

21 ‘‘(1) IN GENERAL.—Not later than 2 years 

22 after the date of issuance by the Secretary of any 

23 standard relating to the introduction by vessels of 

24 invasive species, the Secretary shall convene a work25 ing group (including the Administrator, the adminVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 istering agencies, and other appropriate Federal and 

2 State agencies and academic researchers) to evaluate 

3 the effectiveness of that standard and accompanying 

4 implementation protocols. 

5 ‘‘(2) DUTIES.—The duties of the working group 

6 shall include, at a minimum— 

7 ‘‘(A) reviewing the effectiveness of the 

8 standard in reducing the establishment of 

9 invasive species in aquatic ecosystems, taking 

10 into consideration the data collected under sec11 tion 1107; and 

12 ‘‘(B) submitting recommendations to the 

13 Secretary (who shall make the recommenda14 tions widely available to the public) for the revi15 sion of the standard and type approval process 

16 in order to ensure— 

17 ‘‘(i) effectiveness in reducing introduc18 tions of invasive species; and 

19 ‘‘(ii) the effectiveness of accurate 

20 shipboard monitoring of treatment per21 formance in a simple and streamlined man22 ner.’’. 


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1 SEC. 404. GRADUATE EDUCATION IN SYSTEMATICS AND 

2 TAXONOMY. 

3 Subtitle B of the Nonindigenous Aquatic Nuisance 

4 Prevention and Control Act of 1990 (16 U.S.C. 4711 et 

5 seq.) (as amended by section 403) is amended by adding 

6 at the end the following: 

7 ‘‘SEC. 1112. RESEARCH IN SYSTEMATICS AND TAXONOMY. 

8 ‘‘(a) IN GENERAL.—The National Science Founda9 tion shall establish a program to award grants to research10 ers at institutions of higher education and museums to 

11 carry out research in systematics and taxonomy. 

12 ‘‘(b) PURPOSES.—The purposes of the program 

13 are— 

14 ‘‘(1) to encourage scientists to pursue careers 

15 in systematics and taxonomy to ensure a continuing 

16 knowledge base in those disciplines; 

17 ‘‘(2) to ensure that there will be adequate ex18 pertise in systematics and taxonomy to meet Fed19 eral, State, and local needs to identify invasive spe20 cies; 

21 ‘‘(3) to develop that expertise throughout the 

22 United States with an emphasis on regional diver23 sity; and 

24 ‘‘(4) to draw on existing expertise in system25 atics and taxonomy at institutions of higher eduVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 cation and museums to train the next generation of 

2 systematists and taxonomists. 

3 ‘‘(c) ADMINISTRATION.— 

4 ‘‘(1) MERIT REVIEW.—Grants awarded through 

5 this section shall be awarded through a competitive, 

6 peer-reviewed process and shall be merit-based. 

7 ‘‘(2) PREFERENCES.—In making grants under 

8 this section, the National Science Foundation shall 

9 provide a preference for— 

10 ‘‘(A) projects in a diverse set of ecosystems 

11 and geographic locations; 

12 ‘‘(B) if applicable, projects that are inte13 grated with the Long Term Ecological Research 

14 Network created by the National Science Foun15 dation; 

16 ‘‘(C) projects that include student partici17 pation; and 

18 ‘‘(D) projects carried out by institutions of 

19 higher education and museums that actively 

20 train students to become experts in systematics 

21 and taxonomy.’’. 


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1 TITLE V—COORDINATION 

2 SEC. 501. PROGRAM COORDINATION. 

3 (a) MEMBERSHIP OF TASK FORCE.—Section 1201(b) 

4 of the Nonindigenous Aquatic Nuisance Prevention and 

5 Control Act of 1990 (16 U.S.C. 4721) is amended— 

6 (1) in paragraph (6), by striking ‘‘and’’ at the 

7 end; 

8 (2) by redesignating paragraph (7) as para9 graph (12); and 

10 (3) by inserting after paragraph (6) the fol11 lowing: 

12 ‘‘(7) the Director of the United States Geologi13 cal Survey; 

14 ‘‘(8) the Director of the Smithsonian Environ15 mental Research Center; 

16 ‘‘(9) the Secretary of State; 

17 ‘‘(10) the Secretary of Transportation; 

18 ‘‘(11) the Secretary of Homeland Security; 

19 and’’. 

20 (b) COORDINATION WITH NATIONAL INVASIVE SPE21 CIES COUNCIL.—Section 1201(f) of the Nonindigenous 

22 Aquatic Nuisance Prevention and Control Act of 1990 (16 

23 U.S.C. 4721(f)) is amended— 

24 (1) by striking ‘‘Each Task Force member’’ and 

25 inserting the following: 


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1 ‘‘(1) IN GENERAL.—Each member of the Task 

2 Force’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(2) NATIONAL INVASIVE SPECIES COUNCIL.— 

5 The National Invasive Species Council shall— 

6 ‘‘(A) coordinate and cooperate with the 

7 Task Force in carrying out the duties of the 

8 National Invasive Species Council relating to 

9 aquatic invasive species; 

10 ‘‘(B) not later than 2 years after the date 

11 of enactment of the National Aquatic Invasive 

12 Species Act of 2007, and every 3 years there13 after, submit to Congress a report that summa14 rizes the status of the conduct of activities au15 thorized by and required under this Act; and 

16 ‘‘(C) establish any regional panels or task 

17 forces in coordination with the regional panels 

18 of the Task Force convened under section 

19 1203.’’. 

20 (c) COORDINATION WITH OTHER PROGRAMS.—Sec21 tion 1202(c) of the Nonindigenous Aquatic Nuisance Pre22 vention and Control Act of 1990 (16 U.S.C. 4722(c)) is 

23 amended by adding at the end the following: 

24 ‘‘(3) RECOMMENDATIONS FOR LISTS.— 


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1 ‘‘(A) IN GENERAL.—The Task Force shall 

2 annually recommend to Federal agencies of ju3 risdiction such additions of aquatic invasive 

4 species as the Task Force determines to be ap5 propriate for inclusion on— 

6 ‘‘(i) any list of species of wildlife cov7 ered by section 42 of title 18, United 

8 States Code (including regulations); or 

9 ‘‘(ii) any list of noxious weeds under 

10 the Plant Protection Act (7 U.S.C. 7701 et 

11 seq.) (including regulations promulgated 

12 under that Act contained in part 360 of 

13 title 7, Code of Federal Regulations (or 

14 any successor regulations)). 

15 ‘‘(B) PROCESS.—The Task Force may use 

16 the screening process developed pursuant to 

17 section 1105 to identify species pursuant to 

18 subparagraph (A).’’. 

19 (d) REGIONAL COORDINATION.—Section 1203 of the 

20 Nonindigenous Aquatic Nuisance Prevention and Control 

21 Act of 1990 (16 U.S.C. 4723) is amended by adding at 

22 the end the following: 

23 ‘‘(d) ANNUAL INTER-REGIONAL MEETING.—The 

24 Task Force shall annually convene all regional panels es25 tablished pursuant to this Act for the purpose of informaVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 tion transfer between and among panels, and between the 

2 panels and the Task Force, regarding aquatic invasive 

3 species management. 

4 ‘‘(e) ORGANIZATIONS.— 

5 ‘‘(1) IN GENERAL.—An interstate organization 

6 that has a Federal charter authorized by law or ex7 ecutive order for purposes of fisheries or natural re8 source management may develop and implement— 

9 ‘‘(A) regional aquatic invasive species man10 agement plans; and 

11 ‘‘(B) rapid response activities that are— 

12 ‘‘(i) requested by the Governors of the 

13 member States of the organization; and 

14 ‘‘(ii) consistent with any relevant 

15 State aquatic invasive species management 

16 plans. 

17 ‘‘(2) FUNDS.—The interstate organization may 

18 receive funds under this Act to implement activities 

19 under the regional aquatic invasive species manage20 ment plan of the organization.’’. 

21 (e) STATE AQUATIC INVASIVE SPECIES MANAGE22 MENT PLANS.—Section 1204(a) of the Nonindigenous 

23 Aquatic Nuisance Prevention and Control Act of 1990 (16 

24 U.S.C. 4724(a)) is amended— 

25 (1) in paragraph (2)— 


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1 (A) in subparagraph (A), by inserting be2 fore the semicolon at the end the following: ‘‘, 

3 including, in accordance with guidelines issued 

4 by the Task Force under paragraph (5)— 

5 ‘‘(i) rapid assessment and response 

6 contingency strategies under section 1211; 

7 ‘‘(ii) early detection strategies under 

8 section 1211(b)(4); 

9 ‘‘(iii) aquatic plant control programs 

10 conducted pursuant to other laws; and 

11 ‘‘(iv) screening of planned introduc12 tions pursuant to section 1105’’; and 

13 (B) in subparagraph (D), by inserting ‘‘in14 clude’’ after ‘‘(D)’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(5) GUIDELINES.— 

17 ‘‘(A) IN GENERAL.—Not later than 1 year 

18 after the date of enactment of the National 

19 Aquatic Invasive Species Act of 2007, the Task 

20 Force shall amend the guidelines of the Task 

21 Force for the development of plans under this 

22 subsection, including guidelines for reporting 

23 progress in implementing the plans, to encour24 age consistency in implementation of and re25 porting under those plans. 


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1 ‘‘(B) GUIDELINES.—The guidelines pub2 lished under subparagraph (A) shall include, for 

3 the purpose of paragraph (2)(A), guidelines 

4 concerning— 

5 ‘‘(i) rapid response contingency strate6 gies under section 1211; 

7 ‘‘(ii) early detection strategies under 

8 section 1211(b)(4); 

9 ‘‘(iii) aquatic plant control programs 

10 conducted pursuant to other laws; 

11 ‘‘(iv) screening of planned introduc12 tions pursuant to section 1105; and 

13 ‘‘(v) the review and revision of re14 quirements of this subsection and the re15 approval process under this subsection. 

16 ‘‘(6) RELATIONSHIP TO OTHER PLANS.— 

17 ‘‘(A) IN GENERAL.—A plan approved 

18 under paragraph (4) shall be deemed to meet 

19 any State planning requirement of the program 

20 established under section 104 of the River and 

21 Harbor Act of 1958 (33 U.S.C. 610) for a plan 

22 to control noxious aquatic plant growths. 

23 ‘‘(B) ENFORCEMENT.—Funds provided to 

24 States for implementation of plans pursuant to 

25 section 1204 may be used by States to enforce 


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1 requirements relating to aquatic invasive species 

2 under the Plant Protection Act (7 U.S.C. 7701 

3 et seq.) (including regulations promulgated 

4 under that Act contained in part 360 of title 7, 

5 Code of Federal Regulations (or any successor 

6 regulations)). 

7 ‘‘(7) ELIGIBILITY OF EXISTING PLANS.—A plan 

8 approved under this section as of the day imme9 diately before the date of enactment of the National 

10 Aquatic Invasive Species Act of 2007 shall be eligi11 ble to receive a grant awarded under this section. 

12 ‘‘(8) REVIEW AND REVISION.— 

13 ‘‘(A) IN GENERAL.—Each State shall peri14 odically review and, as necessary, revise the 

15 management plan of the State in accordance 

16 with guidelines of the Task Force. 

17 ‘‘(B) UPDATE OF EXISTING PLANS.—A 

18 plan approved under this section as of the day 

19 immediately before the date of enactment of the 

20 National Aquatic Invasive Species Act of 2007 

21 shall be updated after the date of enactment of 

22 the National Aquatic Invasive Species Act of 

23 2007 to conform to the guidelines published 

24 under paragraph (5). 


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1 ‘‘(9) OTHER STATE MANAGEMENT PLANS.—In 

2 addition to the management plans required under 

3 this subsection, the Director shall encourage each 

4 State to develop and implement new, and expand ex5 isting, State management plans to improve State ac6 tions to prevent and control aquatic invasive spe7 cies.’’. 

8 (f) GRANT PROGRAM.—Section 1204(b)(1) of the 

9 Nonindigenous Aquatic Nuisance Prevention and Control 

10 Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by strik11 ing ‘‘subsection (a) for the implementation of those 

12 plans.’’ and inserting the following: ‘‘subsection (a)— 

13 ‘‘(A) to develop those plans with a total 

14 amount that does not exceed 10 percent of the 

15 amounts made available for grants under this 

16 section for each fiscal year; and 

17 ‘‘(B) to implement those plans.’’. 

18 SEC. 502. INTERNATIONAL COORDINATION. 

19 (a) IN GENERAL.—Subtitle E of the Nonindigenous 

20 Aquatic Nuisance Prevention and Control Act of 1990 (16 

21 U.S.C. 4751 et seq.) is amended— 

22 (1) by striking the subtitle heading and insert23 ing the following: 

24 ‘‘Subtitle E—Administration’’; 

25 and 


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1 (2) by adding at the end the following: 

2 ‘‘SEC. 1402. INTERNATIONAL COORDINATION. 

3 ‘‘(a) IN GENERAL.—The Task Force, the National 

4 Invasive Species Council, and the Secretary of State shall, 

5 to the maximum extent practicable, ensure that inter6 national efforts to prevent, detect, monitor, assess, and 

7 control aquatic invasive species (including through the 

8 International Maritime Organization, the International 

9 Convention on the Exploration of the Sea, the Global 

10 Invasive Species Program, and other appropriate pro11 grams) are coordinated with policies of the United States 

12 established by this Act. 

13 ‘‘(b) COORDINATION WITH NEIGHBORING COUN14 TRIES.— 

15 ‘‘(1) IN GENERAL.—The Task Force, in con16 sultation with the Secretary of State, shall include in 

17 the report required by section 1202(m) a description 

18 of the means by which international agreements and 

19 regulations with countries that share a border with 

20 the United States will be implemented and enforced 

21 by Federal agencies (including a clarification of the 

22 roles and responsibilities of those agencies). 

23 ‘‘(2) NEGOTIATIONS.—As soon as practicable 

24 after the date of enactment of the National Aquatic 


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1 Invasive Species Act of 2007, the Secretary of State 

2 may enter into negotiations with— 

3 ‘‘(A) Canada to issue a request that the 

4 International Joint Commission, not later than 

5 18 months after the date of enactment of that 

6 Act, review, research, conduct hearings on, and 

7 submit to the parties represented on the Inter8 national Joint Commission a report that de9 scribes the success of current policies of govern10 ments in the United States and Canada having 

11 jurisdiction over the Great Lakes in antici12 pating and preventing biological invasions of 

13 the aquatic ecosystem in the Great Lakes, in14 cluding— 

15 ‘‘(i) an analysis of current Federal, 

16 State or Provincial, local, and international 

17 laws, enforcement practices, and agree18 ments; 

19 ‘‘(ii) an analysis of prevention efforts 

20 relating to all likely pathways for biological 

21 invasions of the aquatic ecosystem in the 

22 Great Lakes; and 

23 ‘‘(iii) recommendations of the Inter24 national Joint Commission for means by 

25 which to improve and harmonize the poliVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 cies and enforcement practices referred to 

2 in clause (i); and 

3 ‘‘(B) Mexico, to ensure coordination of ef4 forts of the United States with efforts of Mex5 ico to manage invasive species established in the 

6 United States-Mexico border region. 

7 ‘‘SEC. 1403. TREATMENT OF NATIONAL INVASIVE SPECIES 

8 COUNCIL. 

9 ‘‘The National Invasive Species Council shall con10 tinue regardless of the termination of section 3 of Execu11 tive Order No. 13112 (42 U.S.C. 4321 note).’’. 

12 TITLE VI—AUTHORIZATION OF 

13 APPROPRIATIONS 

14 SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 1301 of the Nonindigenous Aquatic Nuisance 

16 Prevention and Control Act of 1990 (16 U.S.C. 4741) is 

17 amended to read as follows: 

18 ‘‘SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

20 this section, there are authorized to be appropriated such 

21 sums as are necessary to carry out this Act for each of 

22 fiscal years 2008 through 2012. 

23 ‘‘(b) TASK FORCE AND AQUATIC INVASIVE SPECIES

24 PROGRAM.—There are authorized to be appropriated for 

25 each of fiscal years 2008 through 2012— 


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1 ‘‘(1) $8,000,000, to carry out activities of the 

2 Task Force under section 1202, of which— 

3 ‘‘(A) $4,000,000 shall be used by the Di4 rector; 

5 ‘‘(B) $3,000,000 shall be used by the Na6 tional Oceanic and Atmospheric Administration; 

7 and 

8 ‘‘(C) $1,000,000 shall be used by the Na9 tional Invasive Species Council; 

10 ‘‘(2) $30,000,000, to provide grants under sec11 tion 1204(b); 

12 ‘‘(3) $3,000,000, to provide assistance to the 

13 regional panels of the Task Force; and 

14 ‘‘(4) $1,000,000, to be used by the Director to 

15 carry out section 1105(g). 

16 ‘‘(c) INTERNATIONAL COORDINATION.—There is au17 thorized to be appropriated to the Department of State 

18 to carry out section 1403 $1,000,000 for each of fiscal 

19 years 2008 through 2012. 

20 ‘‘(d) PREVENTION OF INTRODUCTION BY VESSELS

21 OF AQUATIC INVASIVE SPECIES INTO WATERS OF THE

22 UNITED STATES.—There are authorized to be appro23 priated for each of fiscal years 2008 through 2012— 

24 ‘‘(1) $6,000,000, to be used by the Secretary to 

25 carry out section 1101; 


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1 ‘‘(2) $2,500,000, to be used by the Adminis2 trator to carry out section 1101; and 

3 ‘‘(3) $2,750,000, to be used by the Task Force 

4 to carry out section 1101, of which— 

5 ‘‘(A) $1,500,000 shall be used by the Di6 rector; and 

7 ‘‘(B) $1,250,000 shall be used by the Na8 tional Oceanic and Atmospheric Administration. 

9 ‘‘(e) PREVENTION OF THE INTRODUCTION BY NON10 VESSEL PATHWAYS OF AQUATIC INVASIVE SPECIES INTO

11 WATERS OF THE UNITED STATES.—There are authorized 

12 to be appropriated for each of fiscal years 2008 through 

13 2012— 

14 ‘‘(1) $5,000,000, to carry out the priority path15 way management program under section 1210, of 

16 which— 

17 ‘‘(A) $2,000,000 shall be used by the Na18 tional Oceanic and Atmospheric Administration; 

19 and 

20 ‘‘(B) $3,000,000 shall be used by the Di21 rector; 

22 ‘‘(2) $1,000,000, to be used by the National 

23 Invasive Species Council to establish screening 

24 guidelines under section 1105(d); and 


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1 ‘‘(3) $3,500,000, to be used by the Director to 

2 promulgate and implement screening requirements 

3 under section 1105(e). 

4 ‘‘(f) EARLY DETECTION AND MONITORING.—There 

5 is authorized to be appropriated, to carry out early detec6 tion, monitoring, and survey planning and implementation 

7 under section 1106, $2,000,000 for each of fiscal years 

8 2008 and 2009 and $10,000,000 for each of fiscal years 

9 2010 through 2012, of which— 

10 ‘‘(1) for each of fiscal years 2008 and 2009— 

11 ‘‘(A) $1,000,000 shall be used by the Na12 tional Oceanic and Atmospheric Administration; 

13 and 

14 ‘‘(B) $1,000,000 shall be used by the Di15 rector; and 

16 ‘‘(2) for each of fiscal years 2010 through 

17 2012— 

18 ‘‘(A) $5,000,000 shall be used by the Na19 tional Oceanic and Atmospheric Administration; 

20 and 

21 ‘‘(B) $5,000,000 shall be used by the Di22 rector. 

23 ‘‘(g) CONTAINMENT AND CONTROL.— 


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1 ‘‘(1) DISPERSAL BARRIERS.—There are author2 ized to be appropriated for each of fiscal years 2008 

3 through 2012— 

4 ‘‘(A) such sums as are necessary to carry 

5 out section 1202(j)(1); and 

6 ‘‘(B) $2,150,000, to be used by the Direc7 tor to carry out the monitoring program under 

8 section 1202(j)(2). 

9 ‘‘(2) RAPID RESPONSE.—There are authorized 

10 to be appropriated for each of fiscal years 2008 

11 through 2012— 

12 ‘‘(A) $25,000,000, to the Emergency 

13 Rapid Response Fund established under section 

14 1211(a), to remain available until expended; 

15 ‘‘(B) $1,000,000, to be used by the Na16 tional Invasive Species Council in developing 

17 the State and regional rapid response contin18 gency strategy under section 1211; and 

19 ‘‘(C) $1,500,000, to be used for Federal 

20 rapid response teams under section 1211(f), of 

21 which— 

22 ‘‘(i) $500,000 shall be used by the 

23 National Oceanic and Atmospheric Admin24 istration; and 


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1 ‘‘(ii) $1,000,000 shall be used by the 

2 Director. 

3 ‘‘(3) ENVIRONMENTAL SOUNDNESS.—There is 

4 authorized to be appropriated for establishment 

5 under section 1202(k) of criteria for the improve6 ment of treatment methods for aquatic invasive spe7 cies $600,000 for each of fiscal years 2008 through 

8 2012. 

9 ‘‘(h) INFORMATION, EDUCATION AND OUTREACH.— 

10 There are authorized to be appropriated for each of fiscal 

11 years 2008 through 2012— 

12 ‘‘(1) $500,000, to be used by the Secretary of 

13 the Interior to carry out the information and edu14 cation program under section 1202(h)(2)(D); 

15 ‘‘(2) $750,000, to be used by the Director in 

16 carrying out the 100th meridian program under sec17 tion 1202(h)(2)(C); 

18 ‘‘(3) $2,000,000, to be used to carry out infor19 mational and educational activities of the Task 

20 Force under section 1202(h), of which— 

21 ‘‘(A) $1,000,000 shall be used by the Na22 tional Oceanic and Atmospheric Administration; 

23 and 

24 ‘‘(B) $1,000,000 shall be used by the Di25 rector; and 


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1 ‘‘(4) $500,000, to be used by the National Oce2 anic and Atmospheric Administration to carry out 

3 section 1202(h)(2)(B)(ii). 

4 ‘‘(i) RESEARCH.— 

5 ‘‘(1) ECOLOGICAL AND PATHWAY RESEARCH

6 AND ANALYSIS.—There are authorized to be appro7 priated for each of fiscal years 2008 through 2012— 

8 ‘‘(A) $17,000,000, to be used by the Na9 tional Oceanic and Atmospheric Administration 

10 to carry out sections 1107 and 1108, of which 

11 $13,000,000 shall be used to carry out the 

12 grant program under section 1107(g)); 

13 ‘‘(B) $4,000,000, to be used by the Smith14 sonian Environmental Research Center to carry 

15 out sections 1107 and 1108; 

16 ‘‘(C) $4,500,000, to be used by the United 

17 States Geological Survey to carry out sections 

18 1107 and 1108, of which $500,000 shall be 

19 used to develop, maintain, and update the data20 base required under section 1107(j)); and 

21 ‘‘(D) $1,650,000, to be used by the Great 

22 Lakes Environmental Research Laboratory to 

23 carry out the demonstration program under sec24 tion 1202(i). 


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1 ‘‘(2) DISSEMINATION.—There is authorized to 

2 be appropriated to provide for the dissemination of 

3 information by the National Invasive Species Council 

4 under section 1109 $500,000 for each of fiscal years 

5 2008 through 2012. 

6 ‘‘(3) TECHNOLOGY DEVELOPMENT, DEM7 ONSTRATION, AND VERIFICATION.—There are au8 thorized to be appropriated for each of fiscal years 

9 2008 through 2012— 

10 ‘‘(A) $2,500,000, to be used by the Admin11 istrator for the purposes of environmental 

12 soundness screening and improvement under 

13 section 1110(a); 

14 ‘‘(B) $1,000,000, to be used by the Assist15 ant Secretary to carry out the program under 

16 section 1110(b); and 

17 ‘‘(C) $7,500,000, to carry out vessel path18 way technology development under sections 

19 1104 and 1301(e). 

20 ‘‘(4) VESSEL PATHWAY STANDARDS RE21 SEARCH.—There are authorized to be appro22 priated— 

23 ‘‘(A) for each of fiscal years 2008 through 

24 2012, $3,000,000, to be used for research in 

25 support of vessels pathway standards and techVerDate Aug 31 2005 19:16 Mar 03, 2007 Jkt 059200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S725.IS S725

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1 nology evaluation under section 1111(a) of 

2 which— 

3 ‘‘(i) $1,500,000 shall be used by the 

4 Administrator; and 

5 ‘‘(ii) $2,000,000 shall be used by the 

6 Secretary of the Coast Guard; 

7 ‘‘(B) for each of fiscal years 2008 through 

8 2010, $500,000, to be used by the Coast Guard 

9 to carry out the performance test required 

10 under section 1111(b); and 

11 ‘‘(C) for fiscal year 2008, $500,000, to be 

12 used by the Secretary of the Coast Guard to 

13 enter into an agreement with the National 

14 Academy of Sciences to carry out the study re15 quired under section 1111(c). 

16 ‘‘(5) RESEARCH IN SYSTEMATICS AND TAX17 ONOMY.—There is authorized to be appropriated for 

18 the National Science Foundation to provide research 

19 grants for systematics and taxonomy under section 

20 1112 $2,500,000 for each of fiscal years 2008 

21 through 2012.’’. 


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1 TITLE VII—CONFORMING 

2 AMENDMENTS 

3 SEC. 701. CONFORMING AMENDMENTS. 

4 (a) IN GENERAL.—The Nonindigenous Aquatic Nui5 sance Prevention and Control Act of 1990 is amended— 

6 (1) in section 1102 (16 U.S.C. 4712)— 

7 (A) in subsection (a), by striking the sub8 section heading and inserting the following: 

9 ‘‘(a) STUDIES ON INTRODUCTION OF AQUATIC

10 INVASIVE SPECIES BY VESSELS.—’’; and 

11 (B) in subsection (b)— 

12 (i) by striking paragraph (1); and 

13 (ii) by redesignating paragraphs (2) 

14 and (3) as paragraphs (1) and (2), respec15 tively; 

16 (2) in subtitle C (16 U.S.C. 4721 et seq.), by 

17 striking the subtitle heading and inserting the fol18 lowing: 

19 ‘‘Subtitle C—Prevention and Con20 trol of Aquatic Invasive Species 

21 Dispersal’’; 

22 (3) in section 1201(a) (16 U.S.C. 4721(a)), by 

23 striking ‘‘Nuisance Species’’ and inserting ‘‘Invasive 

24 Species’’; 


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1 (4) in section 1202 (16 U.S.C. 4722), by strik2 ing the section heading and inserting the following: 

3 ‘‘SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.’’; 

4 (5) in section 1204 (16 U.S.C. 4724), by strik5 ing the section heading and inserting the following: 

6 ‘‘SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGE7 MENT PLANS.’’; 

8 and 

9 (6) by striking ‘‘aquatic nuisance species’’ each 

10 place it appears and inserting ‘‘aquatic invasive spe11 cies’’. 

12 (b) SHORT TITLE.— 

13 (1) Section 1001 of the Nonindigenous Aquatic 

14 Nuisance Prevention and Control Act of 1990 (16 

15 U.S.C. 4701) is amended by striking ‘‘Nonindige16 nous Aquatic Nuisance’’ and inserting ‘‘Nonindige17 nous Aquatic Invasive Species’’. 

18 (2) REFERENCES.—Any reference in a law, 

19 map, regulation, document, paper, or other record of 

20 the United States to the Nonindigenous Aquatic 

21 Nuisance Prevention and Control Act of 1990 shall 

22 be deemed to be a reference to the Nonindigenous 

23 Aquatic Invasive Species Prevention and Control Act 

24 of 1990. 

Æ 


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