Sec. 3. Recreational vessel inspection and decontamination authority

856 words·~4 min read·/bill/117/hr/5692/ih/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4702 ) is amended— by inserting after paragraph

(12)the following: State means each of the several States, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands of the United States. ; in paragraph (16), by striking and at the end; in paragraph (17), by striking the period and inserting ; and ; by redesignating paragraphs

(13)through

(17)as paragraphs

(14)through (18), respectively; and by adding at the end the following: recreational vessel has the meaning given that term in section 502(25) of the Federal Water Pollution Control Act ( 33 U.S.C. 1362(25) ). . Section 1201 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721 ) is amended by adding at the end the following: The chairpersons designated under subsection

(d)may invite representatives of nongovernmental entities to participate as observers of the Task Force. . Section 1201(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721(b) ) is amended— in paragraph (6), by striking and at the end; by redesignating paragraph

(7)as paragraph (10); and by inserting after paragraph

(6)the following: the Director of the National Park Service; the Director of the Bureau of Land Management; the Commissioner of Reclamation; and . Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4722 ) is amended— in subsection (b)— in paragraph (5), by striking and at the end; in paragraph (6), by striking the period at the end and inserting ; and ; and by adding at the end the following: not later than 90 days after the date of enactment of the Stop the Spread of Invasive Mussels Act of 2021 , recommend legislative, programmatic, or regulatory changes to eliminate remaining gaps in authorities between members of the Task Force to effectively manage and control the movement of aquatic nuisance species into, within, or out of waters of the United States. ; in subsection (c), by adding at the end the following: To limit the movement of aquatic nuisance species into, within, or out of waters of the United States, each member of the Task Force may, as appropriate and in coordination with States— conduct mandatory inspections and decontamination of recreational vessels; if necessary, impound, quarantine, or otherwise prevent entry of a recreational vessel; and partner with State and local governmental agencies to conduct inspections and decontaminations under this paragraph and accept any such inspections and decontamination by States and local government agencies for the purposes of allowing entry by recreational vessels to water regulated by such member of the Task Force. Nothing in paragraph

(3)shall be construed to— limit the authority of the Commandant of the Coast Guard to regulate vessels provided under any other provision of law; limit the authority, jurisdiction, or responsibilities of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; authorize members of the Task Force to control or regulate within a State the fishing or hunting of fish and wildlife; or authorize State and local governmental agencies to impound or quarantine vessels using Federal authority. Authorities granted in paragraph

(3)shall not apply at locations where— inspection or decontamination activities would duplicate efforts by the Coast Guard under the Vessel Incidental Discharge Act of 2018 (Title IX of Public Law 115–282 ; 132 Stat. 4322); inspection or decontamination activities would duplicate efforts by the Coast Guard under section 312(o) of the Federal Water Pollution Control Act ( 33 U.S.C. 1322(o) ); inspection or decontamination activities are conducted by the Coast Guard under any other provision of law; or the Coast Guard is exercising its authority to direct vessel traffic pursuant to section 70002 or section 70021 of title 46, United States Code. ; and in subsection (e)— in paragraph (1)— in the first sentence, by inserting , economy, infrastructure, after environment ; and in the second sentence, by inserting (including through the use of recreational vessel inspection and decontamination stations) after aquatic nuisance species ; in paragraph (2), in the second sentence, by inserting infrastructure, and the after ecosystems, ; and by adding at the end the following: The Task Force may provide technical assistance and recommendations for best practices to an agency or entity engaged in inspections or decontaminations under subsection

(c)or receiving funds under section 2 of the Stop the Spread of Invasive Mussels Act of 2021 for the purpose of— effectively managing and controlling the movement of aquatic nuisance species into, within, or out of waters of the United States; and inspecting recreational vessels in a manner that minimizes disruptions to public access for boating and recreation in non-contaminated vessels. In carrying out paragraph (4), including the development of recommendations, the Task Force may coordinate with— State fish and wildlife management agencies; other State agencies that manage fishery resources of the State, sustain fishery habitat, or manage and remove aquatic nuisance species; and relevant nongovernmental entities. .

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