U.S. Great Lakes Basin Update
Federal Legislation to Stop
Aquatic Invaders Reintroduced
By Jen Nalbone, Great Lakes United
Our nation’s waters face increasing threats from aquatic
invasive species, so Senators Carl Levin (MI) and Susan Collins
(ME), and Representatives Wayne Gilchrest (MD) and Vernon
Ehlers (MI) have reintroduced legislation to protect U.S.
waterways from the invasion of aquatic invasive species and
the environmental and economic damage they cause. The
Senate bill is numbered S. 770; the House bills are numbered
H.R. 1592 and H.R. 1593.
The National Aquatic Invasive Species Act of 2005 would
reauthorize and strengthen the National Invasive Species Act
of 1996. NAISA covers all the bases - it is a well-thought-out,
comprehensive approach to preventing and controlling
aquatic invaders across the entire nation.
The bill provides for development and implementation of a
strong permanent ballast water discharge standard that will
eliminate the risk of introductions from
the No. 1 pathway of entry for aquatic
invasive species- the release of ballast
water from ocean-going vessels. NAISA
also provides for rapid response when
new invaders are discovered, controlling
those species that are established,
and for researching pathways of introduction
as well as prevention and
control technologies.
This is the third attempt to pass NAISA,
which, in previous attempts in 2002
and 2003, has failed to get out of
committee. Its failure to pass so far is
due, at least in part, to a few advocates
who are concerned about how the law
could impact private property owners.
However, the truth is NAISA avoids taking
control of the property of individual
landowners and stops invasive problems
at our borders - before they start. This
type of prevention comes by enforcing
ballast water discharge standards or placing the burden of
proof that a species will cause no harm on the shoulders
of the importer. In fact, invasive species protections support
private enterprise, from utilities and manufacturing
associations to sporting goods shops and marinas. It’s time
for Congress to focus on the facts, science and accurate interpretation
of the impacts of invasive species policy and make
passage of this bill a top priority.
The introduction of the bill comes at a time when state
lawmakers, federal agencies and even the courts are reviewing
policies to prevent and control aquatic invasive species. In
April, afederal court in San Francisco ordered the U.S. EPA to
repeal its exemption that allowed ships to discharge ballast
water without a Clean Water Act permit.
The U.S. Coast Guard is reviewing its ballast water program
which exempts more than 80 percent of the vessels entering
the Great Lakes from regulation.
Cooperative state and federal efforts are needed to ultimately
protect the Great Lakes from aquatic invaders. In the long
run, it will be federal legislation and regulation in both the
United States and Canada that best protect the Great Lakes,
because as we have seen with the zebra mussel, some
invaders rapidly expand their range across watersheds,
causing extensive damage along the
way. Federal protection from ballast
water and other invasive vectors is the
best insulation from invaders that could
migrate to the Great Lakes.
However, state level efforts to set standards
for controlling ballast water
specifically in the Great Lakes certainly
puts pressure on the federal government
to stop foot dragging. Lawmakers
in New York, Illinois, and Minnesota
have introduced legislation in 2005 to
clamp down on ballast water discharge
due to inaction by the federal government.
Perhaps most notably, Michigan
legislators have passed a bill to regulate
discharges of ballast water under the
National Pollutant Discharge Elimination
System, defusing any remaining myth
that biological pollution should not be
on par with its chemical counterpart
when it comes to protecting our
waterways. Other states are likely waiting in the wings to
follow Michigan’s lead.
If your organization would like more information on NAISA,
state efforts and aquatic invasive species news in the Great
Lakes, please feel free to contact Jennifer Nalbone at Great
Lakes United, jen@glu.org or 716-213-0408, or subscribe to a
free email list by sending a plain text, blank email from the
address you wish to subscribe: join-ais@list.glu.org
Disclaimer:
The interpretations and conclusions presented in this newsletter represent the opinions of the individual authors. They in no way represent the views of the Tip of the Mitt Watershed Council, the C.S. Mott Foundation, subscribers, donors, or any organization mentioned in this publication.
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