CURRENT PROGRAMS TO CONTROL EXOTIC SPECIES
LEGAL FRAMEWORK
Exotic species are animals and plants found beyond their natural ranges and now adapted to the local
environment. Many are highly beneficial. Many United States crops and domesticated animals, sport fish
and aquaculture species, horticultural plants, and biological control organisms were introduced into
Indiana from an outside location. On the other hand, a large number of exotic species cause significant
environmental, socio-economic, and public health damage. The severity of these impacts are not generally
understood, impeding the commitment required to prevent future introductions. Also, a crisis mentality
occasionally limits the vision and opportunity to prevent future introductions. Although at least 139
exotic aquatic species have become established in the Great Lakes watershed, future introductions are
highly probable.
Because the Great Lakes are open to the Saint Lawrence Seaway for shipping, they have been the recipient
of many foreign aquatic nuisance species. More than 40 of these organisms have been introduced in the
last 30 years, a surge coinciding with the opening of the Seaway. With the increased spread of ocean
transport and improved water quality in some European countries, zebra mussels, ruffe, gobies, and other
pests are now better able to survive the journey in ballast water.75
The focus here is upon what have been viewed as harmful exotic species, and particularly upon aquatic
nuisance species of concern to the Lake Michigan watershed in Northwest Indiana.
Nonindigenous Aquatic Nuisance Prevention Control Act of 1990
The Nonindigenous Aquatic Nuisance Prevention and Control Act of 199076 is federal legislation which
provides a platform for addressing problems associated with aquatic nuisance species. The Act was
established for the prevention and control of the unintentional introduction of aquatic nuisance species
and is based on five objectives:
- Prevent further unintentional introductions of nonindigenous aquatic species
- Coordinate federally funded research, control efforts, and information dissemination
- Develop and carry out environmentally sound control methods to prevent, monitor, and control unintentional introductions
- Understand and minimize economic and ecological damage
- Establish a program of research and technology development to assist state governments
One notable outgrowth of the Act is the adoption by the U.S. Coast Guard of regulations to control the
release of ballast water from vessels entering the Great Lakes. The "most practical method of helping
to protect the Great Lakes from foreign organisms that may exist in discharged ballast water is the
exchange of ballast water in the open ocean, beyond the continental shelf. Water in the open ocean
contains organisms that are adapted to the physical, chemical, and biological conditions (such as high
salinity) of the ocean. These organisms will not, or are unlikely to, survive if introduced into a
freshwater system."77 The master of a vessel governed by these regulations is required either (1) to
carry out an exchange of waters beyond the Exclusive Economic Zone78 in a depth exceeding 2,000 meters,
before entering Snell Lock in New York, so that "any tank from which ballast water will be
discharged, contains water with a minimum salinity level of 30 parts per thousand;" or, (2) retain and
seal the vessel's ballast water onboard the vessel.79 The regulations do not, however, apply to vessels
operating exclusively within the Exclusive Economic Zone, such as those moving from Lake Michigan to
another port in the Great Lakes, so no safeguard is provided against the dispersion of aquatic nuisance
species already in the Great Lakes.
Overview of Indiana Laws
A person may not lawfully bring into Indiana for release, or sale for release, "live fish, the fry of live
fish, or any other living wild animal without a permit issued" by the Department of Natural Resources. A
wild animal importation permit can be granted by the agency "only upon satisfactory proof that the specific
animals intended to be imported" are free of communicable disease." This statutory requirement does not
apply to animals to be used in zoos.80 A rule assists in the administration of the requirement relative to
fish importation.81 Additional requirements apply to grass carp, limiting their stocking to infertile
triploid grass carp.82 A person who wishes to possess a bear, wild cat, or wolf must also obtain a permit.83
These provisions are administered by the Division of Fish and Wildlife.
Additionally, there are provisions pertaining to the importation of plants, insects, and other organisms.
These are administered by the Division of Entomology and Plant Pathology, Department of Natural Resources.
The authority is founded upon the control of "pests or pathogens" and includes arthropods, nematodes,
microorganisms, fungi, parasitic plants, mollusks, plant diseases, and exotic weeds "that may be
injurious to nursery stock, agricultural crops, other vegetation, or bees."84 Probably the best
known of these are designed to control "africanized bees" and are set forth by rule.85
Local Government
Township trustees are authorized by statute to manage the control and eradication of several types of
"detrimental plant." Included within the definition are Canada thistle, Johnson grass, sorghum alumun,
bur cucumber, shattercane "and, in residential areas only, noxious weeds and rank vegetation."86 The
regulatory structure provides that a township trustee "who has reason to believe that detrimental plants
may be on real estate" is to give a landowner 48-hours notice to destroy the detrimental plants. The
township trustee may enter upon the land to determine whether the plants have been destroyed, and if not,
following additional notice, "may hire a person to destroy the plants."87 The Purdue University Cooperative Extensive Service provides technical assistance to township trustees for the control of detrimental plants.88
A weed control board may be established by ordinance at the county level. Membership includes a township
trustee, a soil and water conservation district supervisor, a representative from the agricultural
community, a representative from the county highway department, and a cooperative extension service agent
who serves in a non-voting advisory capacity. Plants within the jurisdiction of the board are Canada
thistle, Johnson grass, and marijuana.89 Similarly, a municipality or county may adopt an ordinance to
control "weeds and other rank vegetation."90
NONGOVERNMENTAL ORGANIZATIONS
Lake Carriers' Association: Voluntary Ballast Water Management Program
The Lake Carriers' Association is the trade association representing U.S.-Flag vessel operators on the
Great Lakes. The Association is made up of eleven American companies that operate 58 self-propelled
vessels ("laker") and integrated tug and barge units ranging in length from 383 to 1,013.5 feet. Iron
ore, coal and limestone are the primary commodities carried by LCA members. Other cargos include cement,
salt, sand, grain and liquid-bulk products. The vast majority of cargos carried by these "lakers" move
between U.S. ports, what is commonly referred to as the "Jones Act trades."91
In 1993, the Lake Carriers' Association led an effort, joined by the Canadian Shipowners Association,
to help control aquatic nuisance species unintentionally transported through the transfer of ballast
water. Directed primarily to slowing the ruffe, which in the 1980s was introduced into Duluth Harbor on
Lake Superior, the Voluntary Ballast Water Management Program now also controls activities in Alpena
Harbor on Lake Huron, where a second fledgling population of ruffe has been found.92
