7790

• UCREFRP Catalog Number: 7790
• Author: Tyus, H. M., W. P. Dwyer and S. Whitmore.
• Title: Feasibility of Preventing Further Invasion of the Zebra Mussel into the Western United States.
• USFW Year: 1993.
• USFW - Doc Type: \
• Copyright Material: NO

REGULATIONS, LAWS, AND PERMITS
twill be necessary to utilize
Federal and State regulations,
laws, and permits to contain and
prevent further spread of the zebra
mussel. However, it has been stated
that present Federal and State regula-
tions do not adequately protect the
environment from the introduction of
exotic species, and that the roles of
various Federal and State agencies
should be redefined (Kurdila 1988;
U.S. Congress, Office of Technology
Assessment 1993). Although the use of
statutes, regulations and permits will
need further investigation and
evaluation with respect to zebra mussel
control that is beyond the scope of this
report, some existing measures are
pertinent and applicable:
Federal statutes- The zebra mussel
was designated a species of injurious
wildlife on Apri127, 1992 (57 FR
16876). The mussel, therefore came
under the authority of the Lacy Act by
this designation, and it was added to
the list of injurious fish, mollusks, and
crustaceans (50 CFR 16.13). As part of
this action, the Service prohibits
importation of live zebra mussels or
viable eggs into the United States or
any territory or possession of the
United States. Thus, the Lacy Act
prohibits transport of this species into
the United States from Canada. The
U.S., and perhaps Canadian border
~, agents, should be required to inspect
all boats, water carriers, etc. for the
presence of zebra mussels, and to
disseminate information which states
that it is illegal under the provisions of
the Lacy Act to transport zebra mussels
into or out of the United States. It is
also important that all Federal agencies
~ comply with the intent of the Lacy
Act, i.e., not to allow activities that
would result in the proliferation or
i
~ transport of injurious species.
State Laws -Many States already
have laws that apply to zebra mussels
State laws regulate the taking and
transport of fish & game, and regulate
fishing and aquaculture by issuing
permits, licenses and proclamations. In
addition, State laws also regulate
agricultural products and nuisance
species which affect agricultural
production.
Federal, state, and private fish
hatcheries are inspected to determine if
certain pathogens are present. It will
be necessary to monitor for the
presence of zebra mussels and to
include zebra mussels on the list of
species to be excluded at all fish-
rearing facilities. A certification of
"zebra mussel free" status should be
required before fish from these facilities
can be placed into uninfected areas. It
would also seem prudent to quarantine
all shipments of aquatic species
received in hatcheries that come from
infected regions of the country. These
shipments should be inspected for
zebra mussels (and perhaps other
species) and destroyed if necessary.