[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 2490 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2490
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to establish vessel ballast water management requirements, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 2, 2004
Mr. Inouye (for himself and Mr. Stevens) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to establish vessel ballast water management requirements, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballast Water Management Act of
2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The introduction of aquatic invasive species into the
Nation's waters is one of the most urgent issues facing the
marine environment in the United States.
(2) The direct and indirect costs of aquatic invasive
species to the economy of the United States amount to billions
of dollars per year.
(3) Invasive species are thought to have been involved in
70 percent of the last century's extinctions of native aquatic
species.
(4) Invasive aquatic species are a significant problem in
all regions of the United States, including Hawaii, Alaska, San
Francisco Bay, the Great Lakes, the Southeast, and the
Chesapeake Bay.
(5) Ballast water from ships is one of the largest pathways
for the introduction and spread of aquatic invasive species.
(6) It has been estimated that some 10,000 non-indigenous
aquatic organisms travel around the globe each day in the
ballast water of cargo ships.
(7) Over 2 billion gallons of ballast water are discharged
in United States waters each year. Ballast water may be the
source of the largest volume of foreign organisms released on a
daily basis into American ecosystems.
(8) Ballast water has been found to transport not only
invasive plants and animals but human diseases as well, such as
cholera.
(9) Invasive aquatic species may originate in other
countries, or from distinct regions in the United States.
(10) An average of 72 percent of all fish species
introduced in the Southeast have become established, many of
which are native to the United States but transplanted outside
their native ranges.
(11) The introduction of non-indigenous species has been
closely correlated with the disappearance of indigenous species
in Hawaii and other islands.
(12) Despite the efforts of more than 20 State, Federal,
and private agencies, unwanted alien pests are entering Hawaii
at an alarming rate----about 2 million times more rapid than
the natural rate.
(13) Current Federal programs are insufficient to
effectively address this growing problem.
(14) Preventing aquatic invasive species from being
introduced is the most cost-effective approach for addressing
this issue, because once established, they are costly and
sometimes impossible to control.
SEC. 3. BALLAST WATER MANAGEMENT.
(a) In General.--Section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read
as follows:
``SEC. 1101. BALLAST WATER MANAGEMENT.
``(a) Vessels to Which Section Applies.--
``(1) In General.--This section applies to a vessel that is
designed or constructed to carry ballast water; and
``(A) is a vessel of the United States (as defined
in section 2101(46) of title 46, United States Code);
or
``(B) is a foreign vessel that is en route to, or
has departed from, a United States port.
``(2) Exceptions.--Notwithstanding paragraph (1), this
section does not apply to--
``(A) permanent ballast water in a sealed tank on a
vessel that is not subject to discharge;
``(B) a vessel of the Armed Forces; or
``(C) a vessel, or category of vessels, exempted by
the Secretary under paragraph (4).
``(3) Standards for vessels of the armed forces.--With
respect to a vessel of the Armed Forces that is designed or
constructed to carry ballast water, the Secretary of Defense,
after consultation with the Administrator of the Environmental
Protection Agency and the Secretary, shall promulgate ballast water and
sediment management standards for such vessels that, so far as is
reasonable and practicable, achieve environmental results that are
comparable to those achieved by the requirements of this section in
waters subject to the jurisdiction of the United States. In
promulgating those standards, the Secretary of Defense may take into
account the standards promulgated for such vessels under section 312 of
the Clean Water Act (33 U.S.C. 1322) to the extent that compliance with
those standards would meet the requirements of this Act.
``(4) Vessel exemptions by secretary.--The Secretary may
exempt a vessel, or category of vessels, from the application
of this section if the Secretary determines, after consultation
with the Administrator of the Environmental Protection Agency
and the Administrator of the National Oceanic and Atmospheric
Administration, that ballast water discharge from the vessel or
category of vessels will not have an adverse impact (as defined
in section 1003(1) of this Act), based on factors including the
origin and destination of the voyages undertaken by such vessel
or category of vessels.
``(5) Coast Guard Assessment and Report.--Within 180 days
after the date of enactment of the Ballast Water Management Act
of 2004, the Commandant of the Coast Guard shall transmit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure containing--
``(A) an assessment of the magnitude of ballast
water operations from vessels designed or constructed
to carry ballast water that are not described in
paragraph (1) that are transiting waters subject to the
jurisdiction of the United States; and
``(B) recommendations, including legislative
recommendations if appropriate, of options for
addressing such ballast water operations.
``(b) Uptake and Discharge of Ballast Water and Sediment.--
``(1) Prohibition.--Except as provided in this section, no
person may uptake or discharge ballast water and sediment from
a vessel to which this section applies into waters subject to
the jurisdiction of the United States.
``(2) Exceptions.--Paragraph (1) does not apply to the
uptake or discharge of ballast water and sediment in the
following circumstances:
``(A) The uptake or discharge is solely for the
purpose of--
``(i) ensuring the safety of vessel in an
emergency situation; or
``(ii) saving a life at sea.
``(B) The uptake or discharge is accidental and the
result of damage to the vessel or its equipment and--
``(i) all reasonable precautions to prevent
or minimize ballast water and sediment
discharge have been taken before and after the
damage occurs, the discovery of the damage, and
the discharge; and
``(ii) the owner or officer in charge of
the vessel did not willfully or recklessly
cause the damage.
``(C) The uptake or discharge is solely for the
purpose of avoiding or minimizing the discharge of
pollution from the vessel.
``(D) The uptake and subsequent discharge on the
high seas of the same ballast water and sediment.
``(E) The uptake or discharge of ballast water and
sediment occurs at the same location where the whole of
the ballast water and sediment that is discharged was
taken up and there is no mixing with unmanaged ballast
water and sediment from another area.
``(3) Special rule for united states flag vessels.--For a
vessel described in subsection (a)(1)(A), paragraph (1) of this
subsection shall be applied without regard to whether the
uptake or discharge occurs in waters subject to the
jurisdiction of the United States.
``(4) Special rule for the great lakes.--Paragraph (2) does
not apply to a vessel subject to the regulations under
subsection (e)(2) until the vessel is required to conduct
ballast water treatment in accordance with subsection (f) of
this section.
``(c) Vessel Ballast Water Management Plan.--
``(1) In general.--A vessel to which this section applies
shall conduct all its ballast water management operations in
accordance with a ballast water management plan that--
``(A) meets the requirements prescribed by the
Secretary by regulation; and
``(B) is approved by the Secretary.
``(2) Approval criteria.--The Secretary may not approve a
ballast water management plan unless the Secretary determines
that the plan--
``(A) describes in detail safety procedures for the
vessel and crew associated with ballast water
management;
``(B) describes in detail the actions to be taken
to implement the ballast water management requirements
established under this section;
``(C) describes in detail procedures for disposal
of sediment at sea and on shore;
``(D) designates the officer on board the vessel in
charge of ensuring that the plan is properly
implemented;
``(E) contains the reporting requirements for
vessels established under this section; and
``(F) meets all other requirements prescribed by
the Secretary.
``(3) Copy of plan on board vessel.--The owner or operator
of a vessel to which this section applies shall maintain a copy
of the vessel's ballast water management plan on board at all
times.
``(d) Vessel Ballast Water Record Book.--
``(1) In general.--The owner or operator of a vessel to
which this section applies shall maintain a ballast water
record book on board the vessel in which--
``(A) each operation involving ballast water is
fully recorded without delay, in accordance with
regulations promulgated by the Secretary; and
``(B) each such operation is described in detail,
including the location and circumstances of, and the
reason for, the operation.
``(2) Availability.--The ballast water record book--
``(A) shall be kept readily available for
examination by the Secretary at all reasonable times;
and
``(B) notwithstanding paragraph (1), may be kept on
the towing vessel in the case of an unmanned vessel
under tow.
``(3) Retention period.--The ballast water record book
shall be retained--
``(A) on board the vessel for a period of 2 years
after the date on which the last entry in the book is
made; and
``(B) under the control of the vessel's owner for
an additional period of 3 years.
``(4) Regulations.--In the regulations prescribed under
this section, the Secretary shall require, at a minimum, that--
``(A) each entry in the ballast water record book
be signed and dated by the officer in charge of the
ballast water operation recorded; and
``(B) each completed page in the ballast water
record book be signed and dated by the master of the
vessel.
``(5) Alternative means of recordkeeping.--The Secretary
may provide by regulation for alternative methods of
recordkeeping, including electronic recordkeeping, to comply
with the requirements of this subsection.
``(e) Ballast Water Exchange Requirements.--
``(1) In general.--Until a vessel conducts ballast water
treatment in accordance with the requirements of subsection (f)
of this section, the operator of a vessel to which this section
applies may not conduct the uptake or discharge of ballast
water unless the operator conducts ballast water exchange, in
accordance with regulations prescribed by the Secretary, in a
manner that results in an efficiency of at least 95 percent
volumetric exchange of the ballast water for each ballast water
tank.
``(2) Special rule for vessels in the Great Lakes.--
``(A) In general.--Notwithstanding any other
provision of this subsection, under regulations
prescribed by the Secretary to prevent the introduction
and spread of aquatic nuisance species into the Great
Lakes through the ballast water of vessels, all vessels
equipped with ballast water tanks that enter a United
States port on the Great Lakes after operating on the
waters beyond the exclusive economic zone shall--
``(i) carry out exchange of ballast water
on the waters beyond the exclusive economic
zone prior to entry into any port within the
Great Lakes; or
``(ii) carry out an exchange of ballast
water in other waters where the exchange does
not pose a threat of infestation or spread of
aquatic nuisance species in the Great Lakes and
other waters of the United States, as
recommended by the Task Force under section
1102(a)(1).
``(B) Additional matters covered by the
regulations.--The regulations shall--
``(i) not affect or supersede any
requirements or prohibitions pertaining to the
discharge of ballast water into waters of the
United States under the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.);
``(ii) provide for sampling procedures to
monitor compliance with the requirements of the
regulations;
``(iii) prohibit the operation of a vessel
in the Great Lakes if the master of the vessel
has not certified to the Secretary or the
Secretary's designee by not later than the
departure of that vessel from the first lock in
the St. Lawrence Seaway that the vessel has
complied with the requirements of the regulations;
``(iv) protect the safety of--
``(I) each vessel; and
``(II) the crew and passengers of
each vessel;
``(v) take into consideration different
operating conditions; and
``(vi) be based on the best scientific
information available.
``(C) Hudson river port.--The regulations under
this paragraph also apply to vessels that enter a
United States port on the Hudson River north of the
George Washington Bridge.
``(D) Education and technical assistance
programs.--The Secretary may carry out education and
technical assistance programs and other measures to
promote compliance with the regulations issued under
this paragraph.
``(3) Exchange areas.--
``(A) In general.--Except as provided in
subparagraphs (B), (C), and (D), the operator of a
vessel to which this section applies shall conduct
ballast water exchange in accordance with regulations
prescribed by the Secretary--
``(i) at least 200 nautical miles from the
nearest land; and
``(ii) in water at least 200 meters in
depth.
``(B) Minimum distance and depth.--
``(i) In general.--Except as provided in
subparagraph (C), if the operator of a vessel
is unable to conduct ballast water exchange in
accordance with subparagraph (A), the ballast
water exchange shall be conducted in water that
is--
``(I) as far as possible from land;
``(II) at least 50 nautical miles
from land; and
``(III) in water of at least 200
meters in depth.
``(ii) Limitation.--The operator of a
vessel may not conduct ballast water exchange
in accordance with clause (i) in any area with
respect to which the Secretary has determined,
after consultation with the Administrators of
the Environmental Protection Agency and the
National Oceanic and Atmospheric
Administration, that ballast water exchange in
the area will have an adverse impact,
notwithstanding the fact that the area meets
the distance and depth criteria of clause (i).
``(C) Exchange in designated area.--
``(i) In general.--If the operator of a
vessel is unable to conduct ballast water
exchange in accordance with subparagraph (B),
the operator of the vessel may conduct ballast
water exchange in an area that does not meet
the distance and depth criteria of subparagraph
(B) in such areas as may be designated by the
Administrator of the National Oceanic and
Atmospheric Administration, determined in
consultation with the Secretary and the
Administrator of the Environmental Protection
Agency, for that purpose.
``(ii) Charting.--The Administrator of the
National Oceanic and Atmospheric
Administration, in consultation with the
Secretary, shall designate such areas on
nautical charts.
``(iii) Limitation.--The Administrator may
not designate an area under clause (i) if a
ballast water exchange in that area could have
an adverse impact, as determined by the
Secretary in consultation with the
Administrator of the Environmental Protection
Agency.
``(D) Safety or stability exception.--
``(i) In general.--Subparagraphs (A), (B),
and (C) do not apply to the discharge or uptake
of ballast water if the master of a vessel
determines that compliance with subparagraph
(A), (B), or (C), whichever applies, would
threaten the safety or stability of the vessel,
its crew, or its passengers because of adverse
weather, ship design or stress, equipment
failure, or any other relevant condition.
``(ii) Notification required.--Whenever the
master of a vessel conducts a ballast water
discharge or uptake under the exception
described in clause (i), the master of the
vessel shall notify the Secretary as soon as
practicable thereafter but no later than 24
hours after the ballast water discharge or uptake commenced.
``(iii) Limitation on volume.--The volume
of any ballast water taken up or discharged
under the exception described in clause (i) may
not exceed the volume necessary to ensure the
safe operation of the vessel.
``(iv) Review of circumstances.--If the
master of a vessel conducts a ballast water
discharge or uptake under the exception
described in clause (i) on more than 2 out of 6
sequential voyages, the Secretary shall review
the circumstances to determine whether those
ballast water discharges or uptakes met the
requirements of this subparagraph. The review
under this clause shall be in addition to any
other enforcement activity by the Secretary.
``(E) Inability to comply with exchange area
requirements.--
``(i) Deviation or delay of voyage.--In
determining the ability of the operator of a
vessel to conduct ballast water exchange in
accordance with the requirements of
subparagraph (A) or (B), a vessel is not
required to deviate from its intended voyage or
unduly delay its voyage to comply with those
requirements.
``(ii) Partial compliance.--An operator of
a vessel that is unable to comply fully with
the requirements of subparagraph (A) or (B),
shall conduct ballast water exchange to the
maximum extent feasible in compliance with
those subparagraphs.
``(F) Special rule for the great lakes.--This
paragraph does not apply to vessels subject to the
regulations under paragraph (2).
``(f) Ballast Water Treatment Requirements.--
``(1) In general.--Subject to the implementation schedule
in paragraph (3), before discharging ballast water in waters
subject to the jurisdiction of the United States a vessel to
which this section applies shall conduct ballast water
treatment so that the ballast water discharged will contain--
``(A) less than 0.1 living organisms per cubic
meter that are 50 or more micrometers in minimum
dimension;
``(B) less than 0.1 living organisms per milliliter
that are less than 50 micrometers in minimum dimension
and more than 10 micrometers in minimum dimension;
``(C) concentrations of indicator microbes that are
less than--
``(i) 1 colony-forming unit of Toxicogenic
vibrio cholera (O1 and O139) per 100
milliliters, or less than 1 colony-forming unit
of that microbe per gram of wet weight of
zoological samples;
``(ii) 126 colony-forming units of
escherichi coli per 100 milliliters; and
``(iii) 33 colony-forming units of
intestinal enterococci per 100 milliliters; and
``(D) concentrations of such indicator microbes as
may be specified in regulations promulgated by the
Secretary that are less than the amount specified in
those regulations.
``(2) Reception facility exception.--Paragraph (1) does not
apply to a vessel that discharges ballast water into a
reception facility that meets standards prescribed by the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency, for the reception of ballast
water that provide for the reception of ballast water and its
disposal or treatment in a way that does not impair or damage
the environment, human health, property, or resources. The
Secretary may not prescribe such standards that are less
stringent than any otherwise applicable Federal, State, or
local law requirements.
``(3) Implementation schedule.--Paragraph (1) applies to
vessels in accordance with the following schedule:
``(A) First phase.--Beginning January 1, 2009, for
vessels constructed on or after that date with a
ballast water capacity of less than 5,000 cubic meters.
``(B) Second phase.--Beginning January 1, 2012, for
vessels constructed on or after that date with a
ballast water capacity of 5,000 cubic meters or more.
``(C) Third phase.--Beginning January 1, 2014, for
vessels constructed before January 1, 2009, with a
ballast water capacity of 1,500 cubic meters or more
but not more than 5,000 cubic meters.
``(D) Fourth phase.--Beginning January 1, 2016, for
vessels constructed--
``(i) before January 1, 2009, with a
ballast water capacity of less than 1,500 cubic
meters or 5,000 cubic meters or more; or
``(ii) on or after January 1, 2009, and
before January 1, 2012, with a ballast water
capacity of 5,000 cubic meters or more.
``(4) Review of standards.--
``(A) In general.--In December, 2012, and in every
third year thereafter, the Secretary shall review the
treatment standards established in paragraph (1) of
this subsection to determine, in consultation with the
Administrator of the National Oceanic and Atmospheric
Administration and the Administrator of the
Environmental Protection Agency, if the standards
should be revised to reduce the amount of organisms or
microbes allowed to be discharged using the best
available technology economically available. The
Secretary shall revise such standards as necessary by
regulation.
``(B) Application of adjusted standards.--In the
regulations, the Secretary shall provide for the
prospective application of the adjusted standards
prescribed under this paragraph to vessels constructed
after the date on which the adjusted standards apply
and for an orderly phase-in of the adjusted standards
to existing vessels.
``(5) Delay of application for vessel participating in
promising technology evaluations.--
``(A) In general.--If a vessel participates in a
program approved by the Secretary to test and evaluate
promising ballast water treatment technologies with the
potential to result in treatment technologies achieving
a standard that is the same as or more stringent than
the standard that applies under paragraph (1) before
the first date on which paragraph (1) applies to that
vessel, the Secretary may postpone the date on which
paragraph (1) would otherwise apply to that vessel for
not more than 5 years.
``(B) Vessel diversity.--The Secretary--
``(i) shall seek to ensure that a wide
variety of vessel types and voyages are
included in the program; but
``(ii) may not grant a delay under this
paragraph to more than 1 percent of the vessels
to which subparagraph (A), (B), (C), or (D) of
paragraph (3) applies.
``(C) Termination of postponement.--The Secretary
may terminate the 5-year postponement period if
participation of the vessel in the program is
terminated without the consent of the Secretary.
``(6) Feasibility review.--
``(A) In general.--Not less than 2 years before the
date on which paragraph (1) applies to vessels under
each subparagraph of paragraph (3), the Secretary shall
complete a review to determine whether appropriate
technologies are available to achieve the standards set
forth in paragraph (1) for the vessels to which they
apply under the schedule set forth in paragraph (3).
``(B) Delay in scheduled application.--If the
Secretary determines, on the basis of the review
conducted under subparagraph (A), that compliance with
the standards set forth in paragraph (1) in accordance
with the schedule set forth in any subparagraph of
paragraph (3) is not feasible, the Secretary shall--
``(i) extend the date on which that
subparagraph first applies to vessels for a
period of not more than 36 months; and
``(ii) recommend action to ensure that
compliance with the extended date schedule for
that subparagraph is achieved.
``(7) Treatment system approval required.--The operator of
a vessel may not use a ballast water treatment system to comply
with the requirements of this subsection unless the system is
approved by the Secretary. The Secretary shall promulgate
regulations establishing a process for such approval.
``(g) Warnings Concerning Ballast Water Uptake.--
``(1) In general.--The Secretary shall notify mariners of
any area in waters subject to the jurisdiction of the United
States in which vessels should not uptake ballast water due to
known conditions.
``(2) Contents.--The notice shall include--
``(A) the coordinates of the area; and
``(B) if possible, the location of alternative
areas for the uptake of ballast water.
``(h) Sediment Management.--
``(1) In general.--The operator of a vessel to which this
section applies may not remove or dispose of sediment from
spaces designed to carry ballast water except in accordance
with this subsection and the ballast water management plan
required under subsection (c).
``(2) Design requirements.--
``(A) New vessels.--No person may remove and
dispose of such sediment from a vessel to which this
section applies in waters subject to the jurisdiction
of the United States that is constructed on or after
January 1, 2009, unless the vessel is designed and
constructed in a manner that--
``(i) minimizes the uptake and entrapment
of sediment;
``(ii) facilitates removal of sediment; and
``(iii) provides for safe access for
sediment removal and sampling.
``(B) Existing vessels.--The operator of a vessel
to which this section applies that was constructed
before January 1, 2009, may not remove and dispose of
such sediment in waters subject to the jurisdiction of
the United States unless--
``(i) the vessel has been modified, to the
extent practicable and in accordance with
regulations promulgated by the Secretary, to
achieve the objectives described in clauses
(i), (ii), and (iii) of subparagraph (A); or
``(ii) the removal and disposal of the
sediment is conducted in such a manner as to
achieve those objectives to the greatest extent
practicable and in accordance with those
regulations.
``(C) Regulations.--The Secretary shall promulgate
regulations establishing design and construction
standards to achieve the objectives of subparagraph (A)
and providing guidance for modifications and practices
under subparagraph (B). The Secretary shall incorporate
the standards and guidance in the regulations governing
the ballast water management plan.
``(3) Sediment reception facilities.--
``(A) Standards.--The Administrator of the
Environmental Protection Agency in consultation with
the Secretary, shall promulgate regulations governing
facilities for the reception of vessel sediment from
spaces designed to carry ballast water that provide for
the disposal of such sediment in a way that does not
impair or damage the environment, human health, or
property or resources of the disposal area. The
Administrator may not prescribe standards under this
subparagraph that are less stringent than any otherwise
applicable Federal, State, or local law requirements.
``(B) Designation.--The Secretary shall designate
facilities for the reception of vessel sediment that
meet the requirements of the regulations promulgated
under subparagraph (A) at ports and terminals where
ballast tanks are cleaned or repaired.
``(i) Examinations and Certifications.--
``(1) Initial examination.--
``(A) In general.--The Secretary shall examine
vessels to which this section applies to determine
whether--
``(i) there is a ballast water management
plan for the vessel; and
``(ii) the equipment used for ballast water
and sediment management in accordance with the
requirements of this section and the
regulations promulgated hereunder is installed
and functioning properly.
``(B) New vessels.--For vessels constructed on or
after January 1, 2009, the Secretary shall conduct the
examination required by subparagraph (A) before the
vessel is placed in service.
``(C) Existing vessels.--For vessels constructed
before January 1, 2009, the Secretary shall--
``(i) conduct the examination required by
subparagraph (A) before the date on which
subsection (f)(1) applies to the vessel
according to the schedule in subsection (f)(3);
and
``(ii) inspect the vessel's ballast water
record book required by subsection (d).
``(2) Subsequent examinations.--The Secretary shall examine
vessels no less frequently than once each year to ensure vessel
compliance with the requirements of this section.
``(3) Inspection authority.--In order to carry out the
provisions of this section, the Secretary may take ballast
water samples at any time on any vessel to which this section
applies to ensure its compliance with this Act.
``(4) Required certificate.--
``(A) In general.--If, on the basis of an initial
examination under paragraph (1) the Secretary finds
that a vessel complies with the requirements of this
section and the regulations promulgated hereunder, the
Secretary shall issue a certificate under this
paragraph as evidence of such compliance. The
certificate shall be valid for a period of not more
than 5 years, as specified by the Secretary. The
certificate or a true copy shall be maintained on board
the vessel.
``(B) Foreign certificates.--The Secretary may
treat a certificate issued by a foreign government as a
certificate issued under subparagraph (A) if the
Secretary determines that the standards used by the
issuing government are equivalent to or more stringent than the
standards used by the Secretary under subparagraph (A).
``(5) Notification of violations.--If the Secretary finds,
on the basis of an examination under paragraph (1) or (2),
sampling under paragraph (3), or any other information, that a
vessel is being operated in violation of the requirements of
this section and the regulations promulgated hereunder, the
Secretary shall--
``(A) notify--
``(i) the master of the vessel; and
``(ii) the captain of the port at the
vessel's next port of call; and
``(B) take such other action as may be appropriate.
``(j) Detention of Vessels.--
``(1) In general.--The Secretary, by notice to the owner,
charterer, managing operator, agent, master, or other
individual in charge of a vessel, may detain that vessel if the
Secretary has reasonable cause to believe that--
``(A) the vessel is a vessel to which this section
applies;
``(B) the vessel does not comply with the
requirements of this section or of the regulations
issued hereunder or is being operated in violation of
such requirements; and
``(C) the vessel is about to leave a place in the
United States.
``(2) Clearance.--
``(A) In general.--A vessel detained under
paragraph (1) may obtain clearance under section 4197
of the Revised Statutes (46 U.S.C. App. 91) only if the
violation for which it was detained has been corrected.
``(B) Withdrawal.--If the Secretary finds that a
vessel detained under paragraph (1) has received a
clearance under section 4197 of the Revised Statutes
(46 U.S.C. App. 91) before it was detained under
paragraph (1), the Secretary shall request the
Secretary of the Treasury to withdraw the clearance.
Upon request of the Secretary, the Secretary of the
Treasury shall withhold or revoke the clearance.
``(k) Sanctions.--
``(1) Civil penalties.--Any person who violates a
regulation promulgated under this section shall be liable for a
civil penalty in an amount not to exceed $25,000. Each day of a
continuing violation constitutes a separate violation. A vessel
operated in violation of the regulations is liable in rem for
any civil penalty assessed under this subsection for that
violation.
``(2) Criminal penalties.--Any person who knowingly
violates the regulations promulgated under this section is
guilty of a class C felony.
``(3) Revocation of clearance.--Except as provided in
subsection (j)(2), upon request of the Secretary, the Secretary
of the Treasury shall withhold or revoke the clearance of a
vessel required by section 4197 of the Revised Statutes (46
U.S.C. App. 91), if the owner or operator of that vessel is in
violation of the regulations issued under this section.
``(4) Exception to sanctions.--This subsection does not
apply to a failure to exchange ballast water if--
``(A) the master of a vessel, acting in good faith,
decides that the exchange of ballast water will
threaten the safety or stability of the vessel, its
crew, or its passengers; and
``(B) the recordkeeping and reporting requirements
of the Act are complied with.
``(l) Consultation With Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and regulations
promulgated under this section, the Secretary is encouraged to consult
with the Government of Canada, the Government of Mexico, and any other
government of a foreign country that the Secretary, in consultation
with the Task Force, determines to be necessary to develop and
implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous species.
``(m) International Cooperation.--The Secretary, in cooperation
with the International Maritime Organization of the United Nations and
the Commission on Environmental Cooperation established pursuant to the
North American Free Trade Agreement, is encouraged to enter into
negotiations with the governments of foreign countries to develop and
implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous species. The
Secretary is particularly encouraged to seek bilateral or multilateral
agreements with Canada, Mexico, and other nations in the Wider
Caribbean (as defined in the Convention for the Protection and
Development of the Marine Environment of the Wider Caribbean (Cartagena
Convention) under this section.
``(n) Non-Discrimination.--The Secretary shall ensure that vessels
registered outside of the United States do not receive more favorable
treatment than vessels registered in the United States when the
Secretary performs studies, reviews compliance, determines
effectiveness, establishes requirements, or performs any other
responsibilities under this Act.
``(o) Support for Federal Ballast Water Demonstration Project.--In
addition to amounts otherwise available to the Maritime Administration,
the National Oceanographic and Atmospheric Administration, and the
United States Fish and Wildlife Service for the Federal Ballast Water
Demonstration Project, the Secretary shall provide support for the
conduct and expansion of the project, including grants for research and
development of innovative technologies for the management, treatment,
and disposal of ballast water and sediment, for ballast water exchange,
and for other vessel vectors of invasive aquatic species such as hull
fouling. There are authorized to be appropriated to the Secretary
$25,000,000 for each fiscal year to carry out this subsection.
``(p) Consultation With Task Force.--The Secretary shall consult
with the Task Force in carrying out this section.
``(q) Preemption.--Notwithstanding any other provision of law, the
provisions of subsections (e) and (f) (other than subsection (f)(2))
supersede any provision of State or local law determined by the
Secretary to be inconsistent with the requirements of that subsection
or to conflict with the requirements of that subsection.
``(r) Regulations.--The Secretary may issue such regulations as may
be necessary to carry out this section and the terms defined in section
1003 that are used in this section.''.
(b) Definitions.--Section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is
amended--
(1) by redesignating--
(A) paragraphs (1), (2), and (3) as paragraphs (2),
(3), and (4), respectively;
(B) paragraphs (4), (5), (6), (7), and (8) as
paragraphs (8), (9), (10), (11), and (12),
respectively;
(C) paragraphs (9) and (10) as paragraphs (14) and
(15) respectively;
(D) paragraphs (11) and (12) as paragraphs (17) and
(18), respectively;
(E) paragraphs (13), (14), and (15) as paragraphs
(20), (21), and (22), respectively;
(F) paragraph (16) as paragraph (26); and
(G) paragraph (17) as paragraph (23) and inserting
it after paragraph (22), as redesignated;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) `adverse impact' means the direct or indirect result
or consequence of an event or process that--
``(A) creates a hazard to the environment, human
health, property, or a natural resource;
``(B) impairs biological diversity; or
``(C) interferes with the legitimate use of waters
subject to the jurisdiction of the United States;'';
(3) by striking paragraph (4), as redesignated, and
inserting the following:
``(4) `ballast water'--
``(A) means water taken on board a vessel to
control trim, list, draught, stability, or stresses of
the vessel, including matter suspended in such water;
but
``(B) does not include potable or technical water
that does not contain harmful aquatic organisms or
pathenogens that is taken on board a vessel and used
for a purpose described in subparagraph (A) if such
potable or technical water is discharged in compliance
with section 312 of the Clean Water Act (33 U.S.C.
1322);'';
(4) by inserting after paragraph (4) the following:
``(5) `ballast water capacity' means the total volumetric
capacity of any tanks, spaces, or compartments on a vessel that
is used for carrying, loading, or discharging ballast water,
including any multi-use tank, space, or compartment designed to
allow carriage of ballast water;
``(6) `ballast water management' means mechanical,
physical, chemical, and biological processes used, either
singularly or in combination, to remove, render harmless, or
avoid the uptake or discharge of harmful aquatic organisms and
pathogens within ballast water and sediment;
``(7) `constructed' means a state of construction of a
vessel at which--
``(A) the keel is laid;
``(B) construction identifiable with the specific
vessel begins;
``(C) assembly of the vessel has begun comprising
at least 50 tons or 1 percent of the estimated mass of
all structural material of the vessel, whichever is
less; or
``(D) the vessel undergoes a major conversion;'';
(5) by inserting after paragraph (12), as redesignated, the
following:
``(13) `harmful aquatic organisms and pathogens' means
aquatic organisms or pathogens that have been determined by the
Secretary, after consultation with the Administrator of the
National Oceanographic and Atmospheric Administration and the
Administrator of the Environmental Protection Agency, to cause
an adverse impact if introduced into the waters subject to the
jurisdiction of the United States;'';
(6) by inserting after paragraph (15), as redesignated, the
following:
``(16) `major conversion' means a conversion of a vessel,
that--
``(A) changes its ballast water carrying capacity
by at least 15 percent;
``(B) changes the vessel class;
``(C) is projected to prolong the vessel's life by
at least 10 years (as determined by the Secretary); or
``(D) results in modifications to the vessel's
ballast water system, except--
``(i) component replacement-in-kind; or
``(ii) conversion of a vessel to meet the
requirements of section 1101(e);'';
(7) by inserting after paragraph (18), as redesignated, the
following:
``(19) `sediment' means matter that has settled out of
ballast water within a vessel;'';
(8) by inserting after paragraph (23), as redesignated, the
following:
``(24) `United States port' means a port, river, harbor, or
offshore terminal under the jurisdiction of the United States,
including ports located in Puerto Rico, Guam, the Northern
Marianas, and the United States Virgin Islands;
``(25) `vessel of the Armed Forces' means--
``(A) any vessel owned or operated by the
Department of Defense, other than a time or voyage
chartered vessel; and
``(B) any vessel owned or operated by the
Department of Homeland Security that is designated by
the Secretary of the department in which the Coast
Guard is operating as a vessel equivalent to a vessel
described in subparagraph (A);''; and
(9) by inserting after paragraph (26), as redesignated, the
following:
``(27) `waters subject to the jurisdiction of the United
States' means navigable waters and the territorial sea of the
United States, the exclusive economic zone, and the Great
Lakes.''.
(c) Great Lakes Regulations.--Until vessels described in section
1101(e)(2) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4711(e)(2)), as amended by this Act, are
required to conduct ballast water treatment in accordance with the
requirements of section 1101(f) of that Act (16 U.S.C. 1101(f)), as
amended by this Act, the regulations promulgated by the Secretary of
Transportation under section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711), as such
regulations were in effect on the day before the date of enactment of
this Act, shall remain in full force and effect for, and shall continue
to apply to, such vessels.
SEC. 4. COAST GUARD REPORT ON OTHER VESSEL-RELATED VECTORS OF INVASIVE
SPECIES.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Commandant of the Coast Guard shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure on
vessel-related vectors of harmful aquatic organisms and pathogens other
than ballast water and sediment, including vessel hulls and equipment,
and from vessels equipped with ballast tanks that carry no ballast
water on board.
(b) Best Practices.--As soon as practicable, the Coast Guard shall
develop best practices standards and procedures designed to reduce the
introduction of invasive species into and within the United States from
vessels and establish a timeframe for implementation of those standards
and procedures by vessels, in addition to the mandatory requirements
set forth in section 1101 for ballast water. Such standards and
procedures should include designation of geographical locations for
uptake and/or discharge of untreated ballast water, as well as
standards and procedures for other vessel vectors of invasive aquatic
species. The Commandant shall transmit a report to the Committees
describing the standards and procedures developed and the
implementation timeframe, together with any recommendations, including
legislative recommendations if appropriate, the Commandant deems
appropriate. The Secretary of the department in which the Coast Guard
is operating may promulgate regulations to incorporate and enforce
standards and procedures developed under this subsection.
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