---
kind: "section"
citation: "16 U.S.C. § 4722"
title: "16"
title_heading: "Conservation"
number: "4722"
heading: "Aquatic nuisance species program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4722"
units:
  - "Chapter 67 — Aquatic Nuisance Prevention and Control"
  - "Subchapter III — Prevention and Control of Aquatic Nuisance Species Dispersal"
---

# §4722. Aquatic nuisance species program

- (a) **In general—** The [Task Force](/usc/16/4702.md?p=15) shall develop and implement a program for [waters of the United States](/usc/16/4702.md?p=18) to prevent introduction and dispersal of [aquatic nuisance species](/usc/16/4702.md?p=1); to monitor, control and study such species; and to disseminate related information.
- (b) **Content—** The program developed under [subsection (a)](#a) shall—
  - (1) identify the goals, priorities, and approaches for [aquatic nuisance species](/usc/16/4702.md?p=1) prevention, monitoring, control, education and research to be conducted or funded by the Federal Government;
  - (2) describe the specific prevention, monitoring, control, education and research activities to be conducted by each [Task Force](/usc/16/4702.md?p=15) member;
  - (3) coordinate [aquatic nuisance species](/usc/16/4702.md?p=1) programs and activities of [Task Force](/usc/16/4702.md?p=15) members and affected [State](/usc/16/4702.md?p=13) agencies;
  - (4) describe the role of each [Task Force](/usc/16/4702.md?p=15) member in implementing the elements of the program as set forth in this subchapter;
  - (5) include recommendations for funding to implement elements of the program; and
  - (6) develop a demonstration program of prevention, monitoring, control, education and research for the zebra mussel, to be implemented in the [Great Lakes](/usc/16/4702.md?p=7) and any other waters infested, or likely to become infested in the near future, by the zebra mussel.
- (c) **Prevention—**
  - (1) **In general—** The [Task Force](/usc/16/4702.md?p=15) shall establish and implement measures, within the program developed under [subsection (a)](#a), to minimize the risk of introduction of [aquatic nuisance species](/usc/16/4702.md?p=1) to [waters of the United States](/usc/16/4702.md?p=18), including—
    - (A) identification of pathways by which aquatic organisms are introduced to [waters of the United States](/usc/16/4702.md?p=18);
    - (B) assessment of the risk that an aquatic organism carried by an identified pathway may become an [aquatic nuisance species](/usc/16/4702.md?p=1); and
    - (C) evaluation of whether measures to prevent introductions of [aquatic nuisance species](/usc/16/4702.md?p=1) are effective and environmentally sound.
  - (2) **Implementation—** Whenever the [Task Force](/usc/16/4702.md?p=15) determines that there is a substantial risk of [unintentional introduction](/usc/16/4702.md?p=19) of an [aquatic nuisance species](/usc/16/4702.md?p=1) by an identified pathway and that the adverse consequences of such an introduction are likely to be substantial, the [Task Force](/usc/16/4702.md?p=15) shall, acting through the appropriate Federal agency, and after an opportunity for public comment, carry out cooperative, environmentally sound efforts with regional, [State](/usc/16/4702.md?p=13) and local entities to minimize the risk of such an introduction.
- (d) **Monitoring—** The [Task Force](/usc/16/4702.md?p=15) shall establish and implement monitoring measures, within the program developed under [subsection (a)](#a), to—
  - (1) detect [unintentional introductions](/usc/16/4702.md?p=19) of [aquatic nuisance species](/usc/16/4702.md?p=1);
  - (2) determine the dispersal of [aquatic nuisance species](/usc/16/4702.md?p=1) after introduction; and
  - (3) provide for the early detection and prevention of infestations of [aquatic nuisance species](/usc/16/4702.md?p=1) in unaffected drainage basins.
- (e) **Control—**
  - (1) **In general—** The [Task Force](/usc/16/4702.md?p=15) may develop cooperative efforts, within the program established under [subsection (a)](#a), to control established [aquatic nuisance species](/usc/16/4702.md?p=1) to minimize the risk of harm to the environment and the public health and welfare. For purposes of this chapter, control efforts include eradication of infestations, reductions of populations, development of means of adapting human activities and public facilities to accommodate infestations, and prevention of the spread of [aquatic nuisance species](/usc/16/4702.md?p=1) from infested [areas](/usc/16/539m–1.md?p=1-A). Such control efforts shall be developed in consultation with affected Federal agencies, [States](/usc/16/544.md?p=r), [Indian Tribes](/usc/16/544.md?p=g), local governments, interjurisdictional organizations, and other appropriate entities. Control actions authorized by this section shall be based on the best available scientific information and shall be conducted in an environmentally sound manner.
  - (2) **Decisions—** The [Task Force](/usc/16/4702.md?p=15) or any other affected agency or entity may recommend that the [Task Force](/usc/16/4702.md?p=15) initiate a control effort. In determining whether a control program is warranted, the [Task Force](/usc/16/4702.md?p=15) shall evaluate the need for control (including the projected consequences of no control and less than full control); the technical and biological feasibility and cost-effectiveness of alternative control strategies and actions; whether the benefits of control, including costs avoided, exceed the costs of the program; the risk of harm to non-target organisms and ecosystems, public health and welfare; and such other considerations the [Task Force](/usc/16/4702.md?p=15) determines appropriate. The [Task Force](/usc/16/4702.md?p=15) shall also determine the nature and extent of control of target [aquatic nuisance species](/usc/16/4702.md?p=1) that is feasible and desirable.
  - (3) **Programs—** If the [Task Force](/usc/16/4702.md?p=15) determines in accordance with [paragraph (2)](#e-2) that control of an [aquatic nuisance species](/usc/16/4702.md?p=1) is warranted, the [Task Force](/usc/16/4702.md?p=15) shall develop a proposed control program to achieve the target level of control. A notice summarizing the proposed action and soliciting comments shall be published in the Federal Register, in major newspapers in the region affected, and in principal trade publications of the industries affected. Within 180 days of proposing a control program, and after consultation with affected governmental and other appropriate entities and [taking](/usc/16/3102.md?p=18) into consideration other comments received, the [Task Force](/usc/16/4702.md?p=15) shall complete development of the proposed control program.
  - (4) **Technical assistance and recommendations—** The [Task Force](/usc/16/4702.md?p=15) may provide technical assistance and recommendations for best practices to an agency or entity engaged in vessel inspections or decontaminations for the purpose of—
    - (A) effectively managing and controlling the movement of [aquatic nuisance species](/usc/16/4702.md?p=1) into, within, or out of water of the United States; and
    - (B) inspecting [recreational vessels](/usc/16/4702.md?p=14) in a manner that minimizes disruptions to public access for boating and recreation in non-contaminated vessels.
  - (5) **Consultation and input—** In carrying out [paragraph (4)](#e-4), including the development of recommendations, the [Task Force](/usc/16/4702.md?p=15) may consult with [Indian Tribes](/usc/16/544.md?p=g) and solicit input from—
    - (A) [State](/usc/16/4702.md?p=13) and Tribal [fish and wildlife](/usc/16/3102.md?p=17) management agencies;
    - (B) other [State](/usc/16/4702.md?p=13) and Tribal agencies that manage fishery resources of the [State](/usc/16/4702.md?p=13) or sustain fishery habitat; and
    - (C) relevant nongovernmental entities.
- (f) **Research—**
  - (1) **Priorities—** The [Task Force](/usc/16/4702.md?p=15) shall, within the program developed under [subsection (a)](#a), conduct research concerning—
    - (A) the environmental and economic risks and impacts associated with the introduction of [aquatic nuisance species](/usc/16/4702.md?p=1) into the [waters of the United States](/usc/16/4702.md?p=18);
    - (B) the principal pathways by which [aquatic nuisance species](/usc/16/4702.md?p=1) are introduced and dispersed;
    - (C) possible methods for the prevention, monitoring and control of [aquatic nuisance species](/usc/16/4702.md?p=1); and
    - (D) the assessment of the effectiveness of prevention, monitoring and control methods.
  - (2) **Protocol—** Within 90 days of November 29, 1990, the [Task Force](/usc/16/4702.md?p=15) shall establish and follow a protocol to ensure that research activities carried out under this subchapter do not result in the introduction of [aquatic nuisance species](/usc/16/4702.md?p=1) to [waters of the United States](/usc/16/4702.md?p=18).
  - (3) **Grants for research—** The [Task Force](/usc/16/4702.md?p=15) shall allocate funds authorized under this chapter for competitive research grants to study all aspects of [aquatic nuisance species](/usc/16/4702.md?p=1), which shall be administered through the National Sea Grant College Program and the Cooperative Fishery and Wildlife Research [Units](/usc/16/430f–7.md?p=4). Grants shall be conditioned to ensure that any recipient of funds follows the protocol established under paragraph (2) of this subsection.
- (g) **Technical assistance—** The [Task Force](/usc/16/4702.md?p=15) shall, within the program developed under [subsection (a)](#a), provide technical assistance to [State](/usc/16/4702.md?p=13) and local governments and [persons](/usc/16/450rr–1.md?p=b) to minimize the environmental, public health, and safety risks associated with [aquatic nuisance species](/usc/16/4702.md?p=1), including an early warning system for advance notice of possible infestations and appropriate responses.
- (h) **Education—** The [Task Force](/usc/16/4702.md?p=15) shall, with the program developed under [subsection (a)](#a), establish and implement educational programs through Sea Grant Marine Advisory Services and any other available resources that it determines to be appropriate to inform the general public, [State](/usc/16/4702.md?p=13) governments, governments of political [subdivisions](/usc/16/539m–1.md?p=15) of [States](/usc/16/544.md?p=r), and industrial and recreational users of aquatic resources in connection with matters concerning the identification of [aquatic nuisance species](/usc/16/4702.md?p=1), and control methods for such species, including the prevention of the further distribution of such species.
- (i) **Zebra mussel demonstration program—**
  - (1) **Zebra mussel—**
    - (A) **In general—** The [Task Force](/usc/16/4702.md?p=15) shall, within the program developed under [subsection (a)](#a), undertake a program of prevention, monitoring, control, education and research for the zebra mussel to be implemented in the [Great Lakes](/usc/16/4702.md?p=7) and any other [waters of the United States](/usc/16/4702.md?p=18) infested or likely to become infested by the zebra mussel, including—
      - (i) research and development concerning the species life history, environmental tolerances and impacts on fisheries and other ecosystem components, and the efficacy of control mechanisms and means of avoiding or minimizing impacts;
      - (ii) tracking the dispersal of the species and establishment of an early warning system to alert likely [areas](/usc/16/539m–1.md?p=1-A) of future infestations;
      - (iii) development of control plans in coordination with regional, [State](/usc/16/4702.md?p=13) and local entities; and
      - (iv) provision of technical assistance to regional, [State](/usc/16/4702.md?p=13) and local entities to carry out this section.
    - (B) **Public facility research and development—** The [Assistant Secretary](/usc/16/4702.md?p=2), in consultation with the [Task Force](/usc/16/4702.md?p=15), shall develop a program of research, technology development, and demonstration for the environmentally sound control of zebra mussels in and around public facilities. The [Assistant Secretary](/usc/16/4702.md?p=2) shall collect and make available, through publications and other appropriate means, information pertaining to such control methods.
    - (C) **Voluntary guidelines—** Not later than 1 year after October 26, 1996, the [Task Force](/usc/16/4702.md?p=15) shall develop and submit to the [Secretary](/usc/16/4702.md?p=12) voluntary guidelines for controlling the spread of the zebra mussel and, if appropriate, other [aquatic nuisance species](/usc/16/4702.md?p=1) through recreational activities, including boating and fishing. Not later than 4 months after the date of such submission, and after providing notice and an opportunity for public comment, the [Secretary](/usc/16/4702.md?p=12) shall issue voluntary guidelines that are based on the guidelines developed by the [Task Force](/usc/16/4702.md?p=15) under this subparagraph.
  - (2) **Dispersal containment analysis—**
    - (A) **Research—** The [Administrator](/usc/16/450rr–1.md?p=a) of the Environmental Protection Agency, in cooperation with the National Science [Foundation](/usc/16/450ss–1.md?p=1) and the [Task Force](/usc/16/4702.md?p=15), shall provide research grants on a competitive basis for [projects](/usc/16/410r–5.md?p=c-4) that—
      - (i) identify environmentally sound methods for controlling the dispersal of [aquatic nuisance species](/usc/16/4702.md?p=1), such as the zebra mussel; and
      - (ii) adhere to research protocols developed pursuant to [subsection (f)(2)](#f-2).
    - (B) **Authorization of appropriations—** There are authorized to be appropriated to the Environmental Protection Agency to carry out this paragraph, $500,000.
  - (3) **Dispersal barrier demonstration—**
    - (A) **In general—** The [Assistant Secretary](/usc/16/4702.md?p=2), in consultation with the [Task Force](/usc/16/4702.md?p=15), shall investigate and identify environmentally sound methods for preventing and reducing the dispersal of [aquatic nuisance species](/usc/16/4702.md?p=1) between the [Great Lakes](/usc/16/4702.md?p=7)-Saint Lawrence drainage and the Mississippi River drainage through the Chicago River Ship and Sanitary Canal, including any of those methods that could be incorporated into the operation or construction of the lock system of the Chicago River Ship and Sanitary Canal.
    - (B) **Report—** Not later than 18 months after October 26, 1996, the [Assistant Secretary](/usc/16/4702.md?p=2) shall issue a report to the Congress that includes recommendations concerning—
      - (i) which of the methods that are identified under the study conducted under this paragraph are most promising with respect to preventing and reducing the dispersal of [aquatic nuisance species](/usc/16/4702.md?p=1); and
      - (ii) ways to incorporate those methods into ongoing operations of the United States Army Corps of Engineers that are conducted at the Chicago River Ship and Sanitary Canal.
    - (C) **Authorization of appropriations—** There are authorized to be appropriated to the Department of the Army such sums as are necessary to carry out the dispersal barrier demonstration [project](/usc/16/410r–5.md?p=c-4) directed by this paragraph.
  - (4) **Contributions—** To the extent allowable by law, in carrying out the studies under paragraphs [(2)](#i-2) and [(3)](#i-3), the [Administrator](/usc/16/450rr–1.md?p=a) of the Environmental Protection Agency and the [Secretary](/usc/16/4702.md?p=12) of the Army may enter into an agreement with an interested party under which that party provides in kind or monetary contributions for the study.
  - (5) **Technical assistance—** The [Great Lakes](/usc/16/4702.md?p=7) Environmental Research Laboratory of the National Oceanic and Atmospheric Administration shall provide technical assistance to appropriate entities to assist in the research conducted pursuant to this subsection.
- (j) **Implementation—**
  - (1) **Regulations—** The [Director](/usc/16/4702.md?p=4), the [Secretary](/usc/16/4702.md?p=12), and the [Under Secretary](/usc/16/4702.md?p=17) may issue such rules and regulations as may be necessary to implement this section.
  - (2) **Participation of others—** The [Task Force](/usc/16/4702.md?p=15) shall provide opportunities for affected Federal agencies which are not part of the [Task Force](/usc/16/4702.md?p=15), [State](/usc/16/4702.md?p=13) and local government agencies, and regional and other entities with the necessary expertise to participate in control programs. If these other agencies or entities have sufficient authority or jurisdiction and expertise and where this will be more efficient or effective, responsibility for implementing all or a portion of a control program may be delegated to such agencies or entities.
- (k) **Reports—**
  - (1) Not later than 12 months after November 29, 1990, the [Task Force](/usc/16/4702.md?p=15) shall submit a report describing the program developed under [subsection (a)](#a), including the research protocol required under [subsection (f)(2)](#f-2), to the Congress.
  - (2) On an annual basis after the submission of the report under [paragraph (1)](#k-1), the [Task Force](/usc/16/4702.md?p=15) shall submit a report to the Congress detailing progress in carrying out this section.
  - (3) Not later than 90 days after December 23, 2022, the [Task Force](/usc/16/4702.md?p=15) shall submit a report to Congress recommending legislative, programmatic, or regulatory changes to eliminate remaining gaps in authorities between members of the [Task Force](/usc/16/4702.md?p=15) to effectively manage and control the movement of [aquatic nuisance species](/usc/16/4702.md?p=1).

## Source credit

(Pub. L. 101–646, title I, § 1202, Nov. 29, 1990, 104 Stat. 4766; Pub. L. 104–332, § 2(e)(3), (4), (g), (h)(1), Oct. 26, 1996, 110 Stat. 4085, 4087, 4091; Pub. L. 109–234, title II, § 2309, June 15, 2006, 120 Stat. 457; Pub. L. 117–263, div. K, title CXIII, § 11327(d), Dec. 23, 2022, 136 Stat. 4097.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (e)(1) and (f)(3), was in the original “this Act”, which, to reflect the probable intent of Congress, was translated as reading “this title” meaning title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 4701 of this title and Tables.

### Amendments

2022—Subsec. (e)(4), (5). Pub. L. 117–263, § 11327(d)(1), added pars. (4) and (5).

Subsec. (k)(3). Pub. L. 117–263, § 11327(d)(2), added par. (3).

2006—Subsec. (i)(3)(C). Pub. L. 109–234 substituted “such sums as are necessary to carry out the dispersal barrier demonstration project directed by this paragraph” for “, to carry out this paragraph, $750,000”.

1996—Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1202, which enacted this section.

Subsec. (f)(1)(A). Pub. L. 104–332, § 2(e)(3)(A), inserted “and impacts” after “economic risks”.

Subsec. (i). Pub. L. 104–332, § 2(e)(3)(B), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and former subpars. (A) to (D) of par. (1) as cls. (i) to (iv), respectively, of subpar. (A), inserted new par. (1) heading, substituted “The Assistant Secretary, in consultation with the Task Force, shall develop a program of research, technology development, and demonstration for the environmentally sound control of zebra mussels in and around public facilities.” for “The Assistant Secretary, in consultation with the Task Force, shall develop a program of research and technology development for the environmentally sound control of zebra mussels in and around public facilities.” in subpar. (B), and added subpar. (C) and pars. (2) to (5).

Subsec. (j)(1). Pub. L. 104–332, § 2(e)(4), substituted “The Director, the Secretary,” for “Not later than 18 months after November 29, 1990, the Director”.

Subsec. (k). Pub. L. 104–332, § 2(g), substituted “Congress” for “appropriate Committees” in pars. (1) and (2).