II 

110TH CONGRESS 

1ST SESSION S. 1578 

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 7, 2007 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ballast Water Manage5 ment Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Section 1002(a) of the Nonindigenous Aquatic Nui8 sance Prevention and Control Act of 1990 (16 U.S.C. 

9 4701(a)) is amended— 


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1 (1) by redesignating paragraphs (14) and (15) 

2 as paragraphs (15) and (16); 

3 (2) by inserting after paragraph (13) the fol4 lowing: 

5 ‘‘(14) aquatic nuisance species may be intro6 duced by other vessel conduits, including the hulls of 

7 ships;’’; 

8 (3) by striking ‘‘inland lakes and rivers by rec9 reational boaters, commercial barge traffic, and a 

10 variety of other pathways; and’’ in paragraph (15), 

11 as redesignated, and inserting ‘‘other areas of the 

12 United States, including coastal areas, inland lakes, 

13 and rivers by recreational boaters, commercial traf14 fic, and a variety of other pathways;’’; 

15 (4) by inserting ‘‘nongovernmental entities, in16 stitutions of higher education, and the private sec17 tor,’’ after ‘‘governments,’’ in paragraph (16), as re18 designated; 

19 (5) by striking ‘‘technologies.’’ in paragraph 

20 (16), as redesignated, and inserting ‘‘technologies;’’; 

21 and 

22 (6) adding at the end the following: 

23 ‘‘(17) in 2004, the International Maritime Or24 ganization agreed to a Convention, which the United 

25 States played an active role in negotiating, to preVerDate Aug 31 2005 23:14 Jun 11, 2007 Jkt 059196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1578.IS S1578

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1 vent, minimize, and ultimately eliminate the transfer 

2 of aquatic nuisance species through the control and 

3 management of ballast water and sediments; 

4 ‘‘(18) the International Maritime Organization 

5 agreement specifically recognizes that countries can 

6 take more stringent measures than those of the Con7 vention with respect to the control and management 

8 of ships’ ballast water and sediment; and 

9 ‘‘(19) due to the interstate nature of maritime 

10 transportation and the ways by which aquatic nui11 sance species may be transferred by vessels, a com12 prehensive and uniform national approach for ad13 dressing vessel-borne aquatic nuisance species is 

14 needed to address this issue effectively.’’. 

15 SEC. 3. MANAGEMENT OF VESSEL-BORNE AQUATIC NUI16 SANCE SPECIES. 

17 (a) IN GENERAL.—Section 1101 of the Nonindige18 nous Aquatic Nuisance Prevention and Control Act of 

19 1990 (16 U.S.C. 4711) is amended to read as follows: 

20 ‘‘SEC. 1101. MANAGEMENT OF VESSEL-BORNE AQUATIC NUI21 SANCE SPECIES. 

22 ‘‘(a) STATEMENT OF PURPOSE; VESSELS TO WHICH

23 THIS SECTION APPLIES.— 

24 ‘‘(1) PURPOSES.—The purposes of this section 

25 are— 


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1 ‘‘(A) to provide an effective, comprehen2 sive, and uniform national approach for ad3 dressing the introduction and spread of aquatic 

4 nuisance species from ballast water and other 

5 ship-borne vectors; 

6 ‘‘(B) to require, as part of that approach, 

7 mandatory treatment technology, with the ulti8 mate goal of achieving zero discharge of aquatic 

9 nuisance species; 

10 ‘‘(C) to create incentives for the develop11 ment of ballast water treatment technologies; 

12 ‘‘(D) to implement the International Con13 vention for the Control and Management of 

14 Ships’ Ballast Water and Sediments, adopted 

15 by the International Maritime Organization in 

16 2004; and 

17 ‘‘(E) to establish a management approach 

18 for other ship-borne vectors of aquatic nuisance 

19 species. 

20 ‘‘(2) IN GENERAL.—Except as provided in para21 graphs (3), (4), (5), and (6) this section applies to 

22 a vessel that is designed, constructed, or adapted to 

23 carry ballast water; and 


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1 ‘‘(A) is a vessel of United States registry 

2 or nationality, or operated under the authority 

3 of the United States, wherever located; or 

4 ‘‘(B) is a foreign vessel that— 

5 ‘‘(i) is en route to a United States 

6 port or place; or 

7 ‘‘(ii) has departed from a United 

8 States port or place and is within waters 

9 subject to the jurisdiction of the United 

10 States. 

11 ‘‘(3) PERMANENT BALLAST WATER VESSELS.— 

12 Except as provided in paragraph (6), this section 

13 does not apply to a vessel that carries all of its per14 manent ballast water in sealed tanks and is not sub15 ject to discharge. 

16 ‘‘(4) ARMED FORCES VESSELS.— 

17 ‘‘(A) EXEMPTION.—Except as provided in 

18 subparagraph (B) and paragraph (6), this sec19 tion does not apply to a vessel of the Armed 

20 Forces. 

21 ‘‘(B) BALLAST WATER MANAGEMENT PRO22 GRAM.—The Secretary and the Secretary of De23 fense, after consultation with each other and 

24 with the Under Secretary of Commerce for 

25 Oceans and Atmosphere, the Administrator of 


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1 the Environmental Protection Agency, and 

2 other appropriate Federal agencies as deter3 mined by the Secretary, shall implement a bal4 last water management program, including the 

5 promulgation of standards for ballast water ex6 change and treatment and for sediment man7 agement, for vessels of the Armed Forces under 

8 their respective jurisdictions designed, con9 structed, or adapted to carry ballast water that 

10 is— 

11 ‘‘(i) consistent with the requirements 

12 of this section, including the deadlines; and 

13 ‘‘(ii) at least as stringent as the re14 quirements promulgated for such vessels 

15 under section 312 of the Clean Water Act 

16 (33 U.S.C. 1322). 

17 ‘‘(5) SPECIAL RULE FOR SMALL VESSELS.—In 

18 applying this section to vessels less than 50 meters 

19 in length that have a maximum ballast water capac20 ity of 8 cubic meters, the Secretary may promulgate 

21 alternative measures for managing ballast water in 

22 a manner that is consistent with the purposes of this 

23 Act. 

24 ‘‘(6) OTHER SOURCES OF VESSEL-BORNE

25 AQUATIC NUISANCE SPECIES.—Measures undertaken 


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1 by the Secretary under subsection (s) shall apply to 

2 all vessels (as defined in section 3 of title 1, United 

3 States Code). 

4 ‘‘(b) UPTAKE AND DISCHARGE OF BALLAST WATER

5 OR SEDIMENT.— 

6 ‘‘(1) PROHIBITION.—The operator of a vessel to 

7 which this section applies may not conduct the up8 take or discharge of ballast water or sediment except 

9 as provided in this section. 

10 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 

11 apply to the uptake or discharge of ballast water or 

12 sediment in the following circumstances: 

13 ‘‘(A) The uptake or discharge is solely for 

14 the purpose of— 

15 ‘‘(i) ensuring the safety of the vessel 

16 in an emergency situation; or 

17 ‘‘(ii) saving a life at sea. 

18 ‘‘(B) The uptake or discharge is accidental 

19 and the result of damage to the vessel or its 

20 equipment and— 

21 ‘‘(i) all reasonable precautions to pre22 vent or minimize ballast water and sedi23 ment discharge have been taken before and 

24 after the damage occurs, the discovery of 

25 the damage, and the discharge; and 


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1 ‘‘(ii) the owner or officer in charge of 

2 the vessel did not willfully or recklessly 

3 cause the damage. 

4 ‘‘(C) The uptake or discharge is solely for 

5 the purpose of avoiding or minimizing the dis6 charge from the vessel of pollution that would 

7 otherwise violate applicable Federal or State 

8 law. 

9 ‘‘(D) The uptake or discharge of ballast 

10 water and sediment occurs at the same location 

11 where the whole of that ballast water and that 

12 sediment originated and there is no mixing with 

13 ballast water and sediment from another area 

14 that has not been managed in accordance with 

15 the requirements of this section. 

16 ‘‘(c) VESSEL BALLAST WATER MANAGEMENT

17 PLAN.— 

18 ‘‘(1) IN GENERAL.—The operator of a vessel to 

19 which this section applies shall conduct all ballast 

20 water management operations of that vessel in ac21 cordance with a ballast water management plan de22 signed to minimize the discharge of aquatic nuisance 

23 species that— 

24 ‘‘(A) meets the requirements prescribed by 

25 the Secretary by regulation; and 


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1 ‘‘(B) is approved by the Secretary. 

2 ‘‘(2) APPROVAL CRITERIA.— 

3 ‘‘(A) IN GENERAL.—The Secretary may 

4 not approve a ballast water management plan 

5 unless the Secretary determines that the plan— 

6 ‘‘(i) describes in detail the actions to 

7 be taken to implement the ballast water 

8 management requirements established 

9 under this section; 

10 ‘‘(ii) describes in detail the procedures 

11 to be used for disposal of sediment at sea 

12 and on shore in accordance with the re13 quirements of this section; 

14 ‘‘(iii) describes in detail safety proce15 dures for the vessel and crew associated 

16 with ballast water management; 

17 ‘‘(iv) designates the officer on board 

18 the vessel in charge of ensuring that the 

19 plan is properly implemented; 

20 ‘‘(v) contains the reporting require21 ments for vessels established under this 

22 section and a copy of each form necessary 

23 to meet those requirements; 

24 ‘‘(vi) incorporates regulatory require25 ments, guidance, and best practices develVerDate Aug 31 2005 23:14 Jun 11, 2007 Jkt 059196 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1578.IS S1578

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1 oped under subsection (s) for other vessel 

2 pathways by which aquatic nuisance spe3 cies are transported; and 

4 ‘‘(vii) meets all other requirements 

5 prescribed by the Secretary. 

6 ‘‘(B) FOREIGN VESSELS.—The Secretary 

7 may approve a ballast water management plan 

8 for a foreign vessel (as defined in section 

9 2101(12) of title 46, United States Code) on 

10 the basis of a certificate of compliance with the 

11 criteria described in subparagraph (A) issued 

12 by the vessel’s country of registration in accord13 ance with regulations promulgated by the Sec14 retary. 

15 ‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The 

16 owner or operator of a vessel to which this section 

17 applies shall— 

18 ‘‘(A) maintain a copy of the vessel’s ballast 

19 water management plan on board at all times; 

20 and 

21 ‘‘(B) keep the plan readily available for ex22 amination by the Secretary at all reasonable 

23 times. 

24 ‘‘(d) VESSEL BALLAST WATER RECORD BOOK.— 


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1 ‘‘(1) IN GENERAL.—The owner or operator of a 

2 vessel to which this section applies shall maintain a 

3 ballast water record book in English on board the 

4 vessel in which— 

5 ‘‘(A) each operation involving ballast water 

6 or sediment discharge is fully recorded without 

7 delay, in accordance with regulations promul8 gated by the Secretary; 

9 ‘‘(B) each such operation is described in 

10 detail, including the location and circumstances 

11 of, and the reason for, the operation; and 

12 ‘‘(C) the exact nature and circumstances of 

13 any situation under which any operation was 

14 conducted under an exception set forth in sub15 section (b)(2) or (e)(3) is described. 

16 ‘‘(2) AVAILABILITY.—The ballast water record 

17 book— 

18 ‘‘(A) shall be kept readily available for ex19 amination by the Secretary at all reasonable 

20 times; and 

21 ‘‘(B) notwithstanding paragraph (1), may 

22 be kept on the towing vessel in the case of an 

23 unmanned vessel under tow. 

24 ‘‘(3) RETENTION PERIOD.—The ballast water 

25 record book shall be retained— 


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1 ‘‘(A) on board the vessel for a period of 3 

2 years after the date on which the last entry in 

3 the book is made; and 

4 ‘‘(B) under the control of the vessel’s 

5 owner for an additional period of 3 years. 

6 ‘‘(4) REGULATIONS.—In the regulations pre7 scribed under this section, the Secretary shall re8 quire, at a minimum, that— 

9 ‘‘(A) each entry in the ballast water record 

10 book be signed and dated by the officer in 

11 charge of the ballast water operation recorded; 

12 ‘‘(B) each completed page in the ballast 

13 water record book be signed and dated by the 

14 master of the vessel; and 

15 ‘‘(C) the owner or operator of the vessel 

16 transmit such information to the Secretary re17 garding the ballast operations of the vessel as 

18 the Secretary may require. 

19 ‘‘(5) ALTERNATIVE MEANS OF RECORD20 KEEPING.—The Secretary shall provide by regula21 tion for alternative methods of recordkeeping, in22 cluding electronic recordkeeping, to comply with the 

23 requirements of this subsection. Any electronic rec24 ordkeeping method authorized by the Secretary shall 

25 support the inspection and enforcement provisions of 


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1 this Act and shall comply with applicable standards 

2 of the National Institute of Standards and Tech3 nology and the Office of Management and Budget 

4 governing reliability, integrity, identity authentica5 tion, and nonrepudiation of stored electronic data. 

6 ‘‘(e) BALLAST WATER EXCHANGE REQUIRE7 MENTS.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) REQUIREMENT.—Until a vessel is re10 quired to conduct ballast water treatment in ac11 cordance with subsection (f) of this section, the 

12 operator of a vessel to which this section applies 

13 may not discharge ballast water in waters sub14 ject to the jurisdiction of the United States ex15 cept after— 

16 ‘‘(i) conducting ballast water exchange 

17 as required by this subsection, in accord18 ance with regulations prescribed by the 

19 Secretary, in a manner that results in an 

20 efficiency of at least 95 percent volumetric 

21 exchange of the ballast water for each bal22 last water tank; 

23 ‘‘(ii) using ballast water treatment 

24 technology that meets the performance 

25 standards of subsection (f); or 


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1 ‘‘(iii) using environmentally-sound al2 ternative ballast water treatment tech3 nology, if the Secretary determines that 

4 such treatment technology is at least as ef5 fective as the ballast water exchange re6 quired by clause (i) in preventing and con7 trolling the introduction of aquatic nui8 sance species. 

9 ‘‘(B) TECHNOLOGY EFFICACY.—For pur10 poses of this paragraph, a ballast water treat11 ment technology shall be considered to be at 

12 least as effective as the ballast water exchange 

13 required by clause (i) in preventing and control14 ling the introduction of aquatic nuisance species 

15 if preliminary experiments prior to installation 

16 of the technology aboard the vessel demonstrate 

17 that the technology removed at least 98 percent 

18 of organisms larger than 50 microns. 

19 ‘‘(2) GUIDANCE; 5-YEAR USAGE.— 

20 ‘‘(A) GUIDANCE.—Within 1 year after the 

21 date of enactment of the Ballast Water Man22 agement Act of 2007, after public notice and 

23 opportunity for comment, the Secretary shall 

24 develop guidance on technology that may be 

25 used under paragraph (1)(A)(iii). 


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1 ‘‘(B) 5-YEAR USAGE.—The Secretary shall 

2 allow a vessel using environmentally-sound al3 ternative ballast water treatment technology 

4 under paragraph (1)(A)(iii) to continue to use 

5 that technology for 5 years after the date on 

6 which the environmentally-sound alternative 

7 ballast water treatment technology was first 

8 placed in service on the vessel, or the date on 

9 which treatment requirements under subsection 

10 (f) become applicable, whichever is later. 

11 ‘‘(3) EXCHANGE AREAS.— 

12 ‘‘(A) VESSELS OUTSIDE THE UNITED

13 STATES EEZ.—The operator of a vessel en route 

14 to a United States port or place from a port or 

15 place outside the United States exclusive eco16 nomic zone shall conduct ballast water ex17 change— 

18 ‘‘(i) before arriving at a United States 

19 port or place; 

20 ‘‘(ii) at least 200 nautical miles from 

21 the nearest point of land; and 

22 ‘‘(iii) in water at least 200 meters in 

23 depth. 

24 ‘‘(B) COASTAL VOYAGES.—In lieu of using 

25 an exchange zone described in subparagraph 


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1 (A)(ii) or (iii), the operator of a vessel origi2 nating from a port or place within waters sub3 ject to the jurisdiction of the United States, or 

4 from a port within 200 nautical miles of the 

5 United States in Canada, Mexico, or other ports 

6 designated by the Secretary for purposes of this 

7 section, and which does not voyage into waters 

8 described in subparagraph (A)(ii) or (iii), shall 

9 conduct ballast water exchange— 

10 ‘‘(i) at least 50 nautical miles from 

11 the nearest point of land; and 

12 ‘‘(ii) in water at least 200 meters in 

13 depth. 

14 ‘‘(4) SAFETY OR STABILITY EXCEPTION.— 

15 ‘‘(A) SECRETARIAL DETERMINATION.— 

16 Paragraph (3) does not apply to the discharge 

17 of ballast water if the Secretary determines that 

18 compliance with that paragraph would threaten 

19 the safety or stability of the vessel, its crew, or 

20 its passengers because of the design or oper21 ating characteristics of the vessel. 

22 ‘‘(B) MASTER OF THE VESSEL DETER23 MINATION.—Paragraph (3) does not apply to 

24 the discharge of ballast water if the master of 

25 a vessel determines that compliance with that 


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1 paragraph would threaten the safety or stability 

2 of the vessel, its crew, or its passengers because 

3 of adverse weather, equipment failure, or any 

4 other relevant condition. 

5 ‘‘(C) NOTIFICATION REQUIRED.—When6 ever the master of a vessel is unable to comply 

7 with the requirements of paragraph (3) because 

8 of a determination made under subparagraph 

9 (B), the master of the vessel shall— 

10 ‘‘(i) notify the Secretary as soon as 

11 practicable thereafter but no later than 24 

12 hours after making that determination and 

13 shall ensure that the determination, the 

14 reasons for the determination, and the no15 tice are recorded in the vessel’s ballast 

16 water record book; and 

17 ‘‘(ii) undertake ballast water ex18 change— 

19 ‘‘(I) in an alternative area that 

20 may be designated by the Secretary, 

21 after consultation with the Undersec22 retary, and other appropriate Federal 

23 agencies as determined by the Sec24 retary, and representatives of States 


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1 the waters of which may be affected 

2 by the discharge of ballast water; or 

3 ‘‘(II) undertake discharge of bal4 last water in accordance with para5 graph (6) if safety or stability con6 cerns prevent undertaking ballast 

7 water exchange in the alternative 

8 area. 

9 ‘‘(D) REVIEW OF CIRCUMSTANCES.—If the 

10 master of a vessel conducts a ballast water dis11 charge under the provisions of this paragraph, 

12 the Secretary shall review the circumstances to 

13 determine whether the discharge met the re14 quirements of this paragraph. The review under 

15 this clause shall be in addition to any other en16 forcement authority of the Secretary. 

17 ‘‘(5) DISCHARGE UNDER WAIVER.— 

18 ‘‘(A) SUBSTANTIAL BUSINESS HARDSHIP

19 WAIVER.—If, because of the short length of a 

20 voyage, the operator of a vessel is unable to dis21 charge ballast water in accordance with the re22 quirements of paragraph (3)(B) without sub23 stantial business hardship, as determined under 

24 regulations prescribed by the Secretary, the op25 erator shall request a waiver from the Secretary 


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1 and discharge the ballast water in accordance 

2 with paragraph (6). A request for a waiver 

3 under this subparagraph shall be submitted to 

4 the Secretary at such time and in such form 

5 and manner as the Secretary may require. 

6 ‘‘(B) SUBSTANTIAL BUSINESS HARD7 SHIP.—For purposes of subparagraph (A), the 

8 factors taken into account in determining sub9 stantial business hardship shall include wheth10 er— 

11 ‘‘(i) compliance with the requirements 

12 of paragraph (3)(B) would require a suffi13 ciently great change in routing or sched14 uling of service as to compromise the eco15 nomic or commercial viability of the trade 

16 or business in which the vessel is operated; 

17 or 

18 ‘‘(ii) it is reasonable to expect that the 

19 trade or business or service provided will 

20 be continued only if a waiver is granted 

21 under subparagraph (A). 

22 ‘‘(6) PERMISSABLE DISCHARGE.— 

23 ‘‘(A) IN GENERAL.—The discharge of 

24 unexchanged ballast water shall be considered 


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1 to be carried out in accordance with this para2 graph if it is— 

3 ‘‘(i) in an area designated for that 

4 purpose by the Secretary, after consulta5 tion with the Undersecretary and other ap6 propriate Federal agencies as determined 

7 by the Secretary and representatives of 

8 any State that may be affected by dis9 charge of ballast water in that area; or 

10 ‘‘(ii) into a reception facility described 

11 in subsection (f)(2). 

12 ‘‘(B) LIMITATION ON VOLUME.—The vol13 ume of any ballast water discharged under the 

14 provisions of this paragraph may not exceed the 

15 volume necessary to ensure the safe operation 

16 of the vessel. 

17 ‘‘(7) PARTIAL COMPLIANCE.—The operator of a 

18 vessel that is unable to comply fully with the re19 quirements of paragraph (3)— 

20 ‘‘(A) shall nonetheless conduct ballast 

21 water exchange to the maximum extent feasible 

22 in compliance with those paragraphs; and 

23 ‘‘(B) may conduct a partial ballast water 

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1 last tank can be completely exchanged in ac2 cordance with the provisions of paragraph 

3 (1)(A). 

4 ‘‘(8) CERTAIN GEOGRAPHICALLY LIMITED

5 ROUTES.—Notwithstanding paragraph (3)(B) of this 

6 subsection, the operator of a vessel is not required 

7 to comply with the requirements of this subsection— 

8 ‘‘(A) if the vessel operates exclusively— 

9 ‘‘(i) within Lake Superior, Lake 

10 Michigan, Lake Huron, and Lake Erie and 

11 the connecting channels; or 

12 ‘‘(ii) between or among the main 

13 group of the Hawaiian Islands; or 

14 ‘‘(B) if the vessel operates exclusively with15 in any area with respect to which the Secretary 

16 has determined, after consultation with the Un17 dersecretary, the Administrator, and represent18 atives of States the waters of which would be 

19 affected by the discharge of ballast water, that 

20 the risk of introducing aquatic nuisance species 

21 through ballast water discharge in the areas in 

22 which the vessel operates is insignificant. 

23 ‘‘(9) MARINE SANCTUARIES AND OTHER PRO24 HIBITED AREAS.—A vessel may not conduct ballast 

25 water exchange or discharge unexchanged ballast 


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1 water under this subsection within a marine sanc2 tuary designated under title III of the National Ma3 rine Sanctuaries Act (16 U.S.C. 1431 et seq.) or in 

4 any other waters designated by the Secretary after 

5 consultation with the Undersecretary and the Ad6 ministrator. 

7 ‘‘(10) REGULATIONS DEADLINE.—The Sec8 retary shall issue a final rule for regulations re9 quired by this subsection within 1 year after the 

10 date of enactment of the Ballast Water Management 

11 Act of 2007. 

12 ‘‘(11) VESSELS OPERATING IN THE GREAT

13 LAKES.— 

14 ‘‘(A) REGULATIONS.—Until such time as 

15 regulations are promulgated to implement the 

16 amendments made by the Ballast Water Man17 agement Act of 2007, regulations promulgated 

18 to carry out this Act shall remain in effect until 

19 revised or replaced pursuant to the Ballast 

20 Water Management Act of 2007. 

21 ‘‘(B) RELATIONSHIP TO OTHER PRO22 GRAMS.—On promulgation of regulations re23 quired under this Act to implement a national 

24 mandatory ballast management program that is 

25 at least as comprehensive as the Great Lakes 


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1 program (as determined by the Secretary, in 

2 consultation with the Governors of Great Lakes 

3 States)— 

4 ‘‘(i) the program regulating vessels 

5 and ballast water in Great Lakes under 

6 this section shall terminate; and 

7 ‘‘(ii) the national program shall apply 

8 to such vessels and ballast water. 

9 ‘‘(12) VESSELS WITH NO BALLAST ON

10 BOARD.—Not later than 180 days after the date of 

11 enactment of the Ballast Water Management Act of 

12 2007, the Secretary shall promulgate regulations to 

13 minimize the discharge of invasive species from ships 

14 entering a United States port or place from outside 

15 the United States exclusive economic zone that claim 

16 no ballast on board, or that claim to be carrying 

17 only unpumpable quantities of ballast, including, at 

18 a minimum, a requirement that— 

19 ‘‘(i) such a ship shall conduct salt20 water flushing of ballast water tanks— 

21 ‘‘(I) outside the exclusive eco22 nomic zone; or 

23 ‘‘(II) at a designated alternative 

24 exchange site; and 


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1 ‘‘(ii) before being allowed entry into 

2 the Great Lakes beyond the St. Lawrence 

3 Seaway, the master of such a ship shall 

4 certify that the ship has complied with 

5 each applicable requirement under this 

6 subsection. 

7 ‘‘(f) BALLAST WATER TREATMENT REQUIRE8 MENTS.— 

9 ‘‘(1) PERFORMANCE STANDARDS.—A vessel to 

10 which this section applies shall conduct ballast water 

11 treatment in accordance with the requirements of 

12 this subsection before discharging ballast water so 

13 that the ballast water discharged will contain— 

14 ‘‘(A) less than 1 living organism per 10 

15 cubic meters that is 50 or more micrometers in 

16 minimum dimension; 

17 ‘‘(B) less than 1 living organism per 10 

18 milliliters that is less than 50 micrometers in 

19 minimum dimension and more than 10 microm20 eters in minimum dimension; 

21 ‘‘(C) concentrations of indicator microbes 

22 that are less than— 

23 ‘‘(i) 1 colony-forming unit of 

24 toxicogenic Vibrio cholera (serotypes O1 

25 and O139) per 100 milliliters, or less than 


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1 1 colony-forming unit of that microbe per 

2 gram of wet weight of zoological samples; 

3 ‘‘(ii) 126 colony-forming units of esch4 erichia coli per 100 milliliters; and 

5 ‘‘(iii) 33 colony-forming units of intes6 tinal enterococci per 100 milliliters; and 

7 ‘‘(D) concentrations of such additional in8 dicator microbes as may be specified in regula9 tions promulgated by the Administrator, after 

10 consultation with the Secretary and other ap11 propriate Federal agencies as determined by the 

12 Secretary, that are less than the amount speci13 fied in those regulations. 

14 ‘‘(2) RECEPTION FACILITY EXCEPTION.— 

15 ‘‘(A) IN GENERAL.—Paragraph (1) does 

16 not apply to a vessel that discharges ballast 

17 water into a facility for the reception of ballast 

18 water that meets standards prescribed by the 

19 Administrator. 

20 ‘‘(B) PROMULGATION OF STANDARDS.— 

21 Within 1 year after the date of enactment of 

22 the Ballast Water Management Act of 2007, 

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1 termined by the Administrator, shall promul2 gate standards for— 

3 ‘‘(i) the reception of ballast water 

4 from vessels into reception facilities; and 

5 ‘‘(ii) the disposal or treatment of such 

6 ballast water in a way that does not impair 

7 or damage the environment, human health, 

8 property, or resources. 

9 ‘‘(3) IMPLEMENTATION SCHEDULE.—Para10 graph (1) applies to vessels in accordance with the 

11 following schedule: 

12 ‘‘(A) FIRST PHASE.—Beginning January 

13 1, 2011, for vessels constructed on or after that 

14 date with a ballast water capacity of less than 

15 5,000 cubic meters. 

16 ‘‘(B) SECOND PHASE.—Beginning January 

17 1, 2013, for vessels constructed on or after that 

18 date with a ballast water capacity of 5,000 

19 cubic meters or more. 

20 ‘‘(C) THIRD PHASE.—Beginning January 

21 1, 2013, for vessels constructed before January 

22 1, 2011, with a ballast water capacity of 1,500 

23 cubic meters or more but not more than 5,000 

24 cubic meters. 


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1 ‘‘(D) FOURTH PHASE.—Beginning Janu2 ary 1, 2015, for vessels constructed— 

3 ‘‘(i) before January 1, 2011, with a 

4 ballast water capacity of less than 1,500 

5 cubic meters or 5,000 cubic meters or 

6 more; or 

7 ‘‘(ii) on or after January 1, 2011, and 

8 before January 1, 2013, with a ballast 

9 water capacity of 5,000 cubic meters or 

10 more. 

11 ‘‘(4) TREATMENT SYSTEM APPROVAL RE12 QUIRED.—The operator of a vessel may not use a 

13 ballast water treatment system to comply with the 

14 requirements of this subsection unless the system is 

15 approved by the Secretary, in consultation with the 

16 Administrator. The Secretary shall promulgate regu17 lations establishing a process for such approval, 

18 after consultation with the Administrator and other 

19 appropriate Federal agencies as determined by the 

20 Secretary, within 1 year after the date of enactment 

21 of the Ballast Water Management Act of 2007. 

22 ‘‘(5) FEASIBILITY REVIEW.— 

23 ‘‘(A) IN GENERAL.—Not less than 2 years 

24 before the date on which paragraph (1) applies 

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1 graph (3), or as that date may be extended 

2 under this paragraph, the Secretary, in con3 sultation with the Administrator, shall complete 

4 a review to determine whether appropriate tech5 nologies are available to achieve the standards 

6 set forth in paragraph (1) for the vessels to 

7 which they apply under the schedule set forth 

8 in paragraph (3). In reviewing the technologies 

9 the Secretary, after consultation with the Ad10 ministrator and other appropriate Federal 

11 agencies as determined by the Secretary, shall 

12 consider— 

13 ‘‘(i) the effectiveness of a technology 

14 in achieving the standards; 

15 ‘‘(ii) feasibility in terms of compat16 ibility with ship design and operations; 

17 ‘‘(iii) safety considerations; 

18 ‘‘(iv) whether a technology has an ad19 verse impact on the environment; and 

20 ‘‘(v) cost effectiveness. 

21 ‘‘(B) DELAY IN SCHEDULED APPLICA22 TION.—If the Secretary determines, on the 

23 basis of the review conducted under subpara24 graph (A), that compliance with the standards 

25 set forth in paragraph (1) in accordance with 


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1 the schedule set forth in any subparagraph of 

2 paragraph (3) is not feasible for any class of 

3 vessels, the Secretary shall require use of the 

4 best performing technology available that 

5 meets, at a minimum, the applicable ballast 

6 water discharge standard of the International 

7 Maritime Organization. If the Secretary finds 

8 that no technology exists that will achieve either 

9 the standards set forth in paragraph (1) or the 

10 standards of the International Maritime Orga11 nization, then, the Secretary shall— 

12 ‘‘(i) extend the date on which that 

13 subparagraph first applies to vessels for a 

14 period of not more than 24 months; and 

15 ‘‘(ii) recommend action to ensure that 

16 compliance with the extended date schedule 

17 for that subparagraph is achieved. 

18 ‘‘(C) HIGHER STANDARDS; EARLIER IM19 PLEMENTATION.— 

20 ‘‘(i) STANDARDS.—If the Secretary 

21 determines that ballast water treatment 

22 technology exists that exceeds the perform23 ance standards required under this sub24 section, the Secretary shall, for any class 

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1 ards to incorporate the higher performance 

2 standards. 

3 ‘‘(ii) IMPLEMENTATION.—If the Sec4 retary determines that technology that 

5 achieves the applicable performance stand6 ards required under this subsection can be 

7 implemented earlier than required by this 

8 subsection, the Secretary shall, for any 

9 class of vessels, accelerate the implementa10 tion schedule under paragraph (3). If the 

11 Secretary accelerates the implementation 

12 schedule pursuant to this clause, the Sec13 retary shall provide at least 24 months no14 tice before such accelerated implementation 

15 goes into effect. 

16 ‘‘(iii) DETERMINATIONS NOT MUTU17 ALLY EXCLUSIVE.—The Secretary shall 

18 take action under both clause (i) and 

19 clause (ii) if the Secretary makes deter20 minations under both clauses. 

21 ‘‘(6) DELAY OF APPLICATION FOR VESSEL PAR22 TICIPATING IN PROMISING TECHNOLOGY EVALUA23 TIONS.— 

24 ‘‘(A) IN GENERAL.—If a vessel participates 

25 in a program approved by the Secretary to test 


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1 and evaluate promising ballast water treatment 

2 technologies that are likely to result in treat3 ment technologies achieving a standard that is 

4 the same as or more stringent than the stand5 ard that applies under paragraph (1) before the 

6 first date on which paragraph (1) applies to 

7 that vessel, the Secretary shall allow the vessel 

8 to use that technology for a 10-year period and 

9 such vessel shall be deemed to be in compliance 

10 with the requirements of paragraph (1) during 

11 that 10-year period. 

12 ‘‘(B) VESSEL DIVERSITY.—The Sec13 retary— 

14 ‘‘(i) shall seek to ensure that a wide 

15 variety of vessel types and voyages are in16 cluded in the program; but 

17 ‘‘(ii) may not grant a delay under this 

18 paragraph to more than 5 percent of the 

19 vessels to which subparagraph (A), (B), 

20 (C), or (D) of paragraph (3) applies. 

21 ‘‘(C) TERMINATION OF GRACE PERIOD.— 

22 The Secretary may terminate the 10-year grace 

23 period of a vessel under subparagraph (A) if 

24 participation of the vessel in the program is ter25 minated without the consent of the Secretary. 


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1 ‘‘(D) ANNUAL RE-EVALUATION; TERMI2 NATION.—The Secretary shall establish an an3 nual evaluation process to determine whether 

4 the performance of an approved technology is 

5 sufficiently effective and whether it is causing 

6 harm to the environment. If the Secretary de7 termines that an approved technology is insuffi8 ciently effective or is causing harm to the envi9 ronment, the Secretary shall revoke the ap10 proval granted under subparagraph (A). 

11 ‘‘(7) REVIEW OF STANDARDS.— 

12 ‘‘(A) IN GENERAL.—In December, 2014, 

13 and in every third year thereafter, the Adminis14 trator, in consultation with the Secretary, shall 

15 review ballast water treatment standards to de16 termine, after consultation with the Undersecre17 tary and other appropriate Federal agencies as 

18 determined by the Secretary, if the standards 

19 under this subsection should be revised to re20 duce the amount of organisms or microbes al21 lowed to be discharged, taking into account im22 provements in the scientific understanding of 

23 biological processes leading to the spread of 

24 aquatic nuisance species and improvements in 

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1 istrator shall revise by regulation the perform2 ance standard required under this subsection as 

3 necessary. 

4 ‘‘(B) APPLICATION OF ADJUSTED STAND5 ARDS.—In the regulations, the Secretary shall 

6 provide for the prospective application of the 

7 adjusted standards prescribed under this para8 graph to vessels constructed after the date on 

9 which the adjusted standards apply and for an 

10 orderly phase-in of the adjusted standards to 

11 existing vessels. 

12 ‘‘(8) INSTALLED EQUIPMENT.—If ballast water 

13 treatment technology used for purposes of complying 

14 with the regulations under this subsection is in15 stalled on a vessel, maintained in good working 

16 order, and used by the vessel, the vessel may use 

17 that technology for the shorter of— 

18 ‘‘(A) the 10-year period beginning on the 

19 date of initial use of the technology; or 

20 ‘‘(B) the life of the ship on which the tech21 nology is used. 

22 ‘‘(9) HIGH-RISK VESSELS.— 

23 ‘‘(A) VESSEL LIST.—Within 1 year after 

24 the date of enactment of the Ballast Water 

25 Management Act of 2007, the Secretary shall 


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1 publish and regularly update a list of vessels 

2 identified by States that, due to factors such as 

3 the origin of their voyages, the frequency of 

4 their voyages, the volume of ballast water they 

5 carry, the biological makeup of the ballast 

6 water, and the fact that they frequently dis7 charge unexchanged ballast water pursuant to 

8 an exception under subsection (e), pose a rel9 atively high risk of introducing aquatic nuisance 

10 species into the waters of those States. 

11 ‘‘(B) INCENTIVE PROGRAMS.—The Sec12 retary shall give priority to vessels on the list 

13 for participation in pilot programs described in 

14 paragraph (6). Any Federal agency, and any 

15 State agency with respect to vessels identified 

16 by such State to the Secretary for inclusion on 

17 the list pursuant to subparagraph (A), may de18 velop technology development programs or other 

19 incentives (whether positive or negative) to such 

20 vessels in order to encourage the adoption of 

21 ballast water treatment technology by those ves22 sels consistent with the requirements of this 

23 section on an expedited basis. 

24 ‘‘(10) EXCEPTION FOR VESSELS OPERATING

25 EXCLUSIVELY IN DETERMINED AREA.— 


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1 ‘‘(A) IN GENERAL.—Paragraph (1) does 

2 not apply to a vessel that operates exclusively 

3 within an area if the Secretary has determined 

4 through a rulemaking proceeding, after con5 sultation with the Undersecretary and other ap6 propriate Federal agencies as determined by the 

7 Secretary, and representatives of States the wa8 ters of which could be affected by the discharge 

9 of ballast water, that the risk of introducing 

10 aquatic nuisance species through ballast water 

11 discharge from the vessel is insignificant. 

12 ‘‘(B) CERTAIN VESSELS.—A vessel con13 structed before January 1, 2001, that operates 

14 exclusively within Lake Superior, Lake Michi15 gan, Lake Huron, and Lake Erie and the con16 necting channels shall be presumed not to pose 

17 a significant risk of introducing aquatic nui18 sance species unless the Secretary finds other19 wise in a rulemaking proceeding under subpara20 graph (A). 

21 ‘‘(C) BEST PRACTICES.—The Secretary 

22 shall develop, and require vessels exempted 

23 from complying with the requirements of para24 graph (1) under this paragraph to follow, best 

25 practices, developed in consultation with the 


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1 Governors or States that may be affected, to 

2 minimize the spreading of aquatic nuisance spe3 cies in its operating area. 

4 ‘‘(11) LABORATORIES.—The Secretary may use 

5 any Federal or non-Federal laboratory that meets 

6 standards established by the Secretary for the pur7 pose of evaluating and certifying ballast water treat8 ment technologies and equipment under this sub9 section. 

10 ‘‘(g) WARNINGS CONCERNING BALLAST WATER UP11 TAKE.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall notify 

13 vessel owners and operators of any area in waters 

14 subject to the jurisdiction of the United States in 

15 which vessels may not uptake ballast water due to 

16 known conditions. 

17 ‘‘(2) CONTENTS.—The notice shall include— 

18 ‘‘(A) the coordinates of the area; and 

19 ‘‘(B) if possible, the location of alternative 

20 areas for the uptake of ballast water. 

21 ‘‘(h) SEDIMENT MANAGEMENT.— 

22 ‘‘(1) IN GENERAL.—The operator of a vessel to 

23 which this section applies may not remove or dispose 

24 of sediment from spaces designed to carry ballast 

25 water except— 


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1 ‘‘(A) in accordance with this subsection 

2 and the ballast water management plan re3 quired under subsection (c); and 

4 ‘‘(B) more than 200 nautical miles from 

5 the nearest point of land or into a reception fa6 cility that meets the requirements of paragraph 

7 (3). 

8 ‘‘(2) DESIGN REQUIREMENTS.— 

9 ‘‘(A) NEW VESSELS.—After December 31, 

10 2008, it shall be unlawful to construct a vessel 

11 in the United States to which this section ap12 plies unless that vessel is designed and con13 structed, in accordance with regulations pre14 scribed under subparagraph (C), in a manner 

15 that— 

16 ‘‘(i) minimizes the uptake and entrap17 ment of sediment; 

18 ‘‘(ii) facilitates removal of sediment; 

19 and 

20 ‘‘(iii) provides for safe access for sedi21 ment removal and sampling. 

22 ‘‘(B) EXISTING VESSELS.—Every vessel to 

23 which this section applies that was constructed 

24 before January 1, 2009, shall be modified be25 fore January 1, 2009, to the extent practicable, 


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1 to achieve the objectives described in clauses (i), 

2 (ii), and (iii) of subparagraph (A). 

3 ‘‘(C) REGULATIONS.—The Secretary shall 

4 promulgate regulations establishing design and 

5 construction standards to achieve the objectives 

6 of subparagraph (A) and providing guidance for 

7 modifications and practices under subparagraph 

8 (B). The Secretary shall incorporate the stand9 ards and guidance in the regulations governing 

10 the ballast water management plan. 

11 ‘‘(3) SEDIMENT RECEPTION FACILITIES.— 

12 ‘‘(A) STANDARDS.—The Secretary, in con13 sultation with other appropriate Federal agen14 cies as determined by the Secretary, shall pro15 mulgate regulations governing facilities for the 

16 reception of vessel sediment from spaces de17 signed to carry ballast water that provide for 

18 the disposal of such sediment in a way that 

19 does not impair or damage the environment, 

20 human health, or property or resources of the 

21 disposal area. 

22 ‘‘(B) DESIGNATION.—The Administrator, 

23 in consultation with the Secretary and other ap24 propriate Federal agencies as determined by the 

25 Administrator, shall designate facilities for the 


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1 reception of vessel sediment that meet the re2 quirements of the regulations promulgated 

3 under subparagraph (A) at ports and terminals 

4 where ballast tanks are cleaned or repaired. 

5 ‘‘(i) EXAMINATIONS AND CERTIFICATIONS.— 

6 ‘‘(1) INITIAL EXAMINATION.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 examine vessels to which this section applies to 

9 determine whether— 

10 ‘‘(i) there is a ballast water manage11 ment plan for the vessel that meets the re12 quirements of this section; and 

13 ‘‘(ii) the equipment used for ballast 

14 water and sediment management in ac15 cordance with the requirements of this sec16 tion and the regulations promulgated here17 under is installed and functioning properly. 

18 ‘‘(B) NEW VESSELS.—For vessels con19 structed in the United States on or after Janu20 ary 1, 2011, the Secretary shall conduct the ex21 amination required by subparagraph (A) before 

22 the vessel is placed in service. 

23 ‘‘(C) EXISTING VESSELS.—For vessels con24 structed before January 1, 2011, the Secretary 

25 shall— 


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1 ‘‘(i) conduct the examination required 

2 by subparagraph (A) before the date on 

3 which subsection (f)(1) applies to the ves4 sel according to the schedule in subsection 

5 (f)(3); and 

6 ‘‘(ii) inspect the vessel’s ballast water 

7 record book required by subsection (d). 

8 ‘‘(D) FOREIGN VESSELS.—In the case of a 

9 foreign vessel (as defined in section 2101(12) of 

10 title 46, United States Code), the Secretary 

11 shall perform the examination required by this 

12 paragraph the first time the vessel enters a 

13 United States port. 

14 ‘‘(2) SUBSEQUENT EXAMINATIONS.—The Sec15 retary shall examine vessels no less frequently than 

16 once each year to ensure vessel compliance with the 

17 requirements of this section. 

18 ‘‘(3) INSPECTION AUTHORITY.— 

19 ‘‘(A) IN GENERAL.—The Secretary may 

20 carry out inspections of any vessel to which this 

21 section applies at any time, including the taking 

22 of ballast water samples, to ensure the vessel’s 

23 compliance with this Act. The Secretary shall 

24 use all appropriate and practical measures of 

25 detection and environmental monitoring, and 


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1 shall establish adequate procedures for report2 ing violations and accumulating evidence. 

3 ‘‘(B) INVESTIGATIONS.—Upon receipt of 

4 evidence that a violation has occurred, the Sec5 retary shall cause the matter to be investigated. 

6 In any investigation under this section the Sec7 retary may issue subpoenas to require the at8 tendance of any witness and the production of 

9 documents and other evidence. In case of re10 fusal to obey a subpoena issued to any person, 

11 the Secretary may request the Attorney General 

12 to invoke the aid of the appropriate district 

13 court of the United States to compel compli14 ance. 

15 ‘‘(4) REQUIRED CERTIFICATE.—If, on the basis 

16 of an initial examination under paragraph (1) the 

17 Secretary finds that a vessel complies with the re18 quirements of this section and the regulations pro19 mulgated hereunder, the Secretary shall issue a cer20 tificate under this paragraph as evidence of such 

21 compliance. The certificate shall be valid for a period 

22 of not more than 5 years, as specified by the Sec23 retary. The certificate or a true copy shall be main24 tained on board the vessel. 


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1 ‘‘(5) NOTIFICATION OF VIOLATIONS.—If the 

2 Secretary finds, on the basis of an examination 

3 under paragraph (1) or (2), sampling under para4 graph (3), or any other information, that a vessel is 

5 being operated in violation of the requirements of 

6 this section or the regulations promulgated here7 under, the Secretary shall— 

8 ‘‘(A) notify in writing— 

9 ‘‘(i) the master of the vessel; and 

10 ‘‘(ii) the captain of the port at the 

11 vessel’s next port of call; and 

12 ‘‘(B) take such other action as may be ap13 propriate. 

14 ‘‘(6) COMPLIANCE AND MONITORING.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall by 

16 regulation establish sampling and other proce17 dures to monitor compliance with the require18 ments of this section and any regulations pro19 mulgated under this section. 

20 ‘‘(B) USE OF MARKERS.—The Secretary 

21 may verify compliance with treatment standards 

22 under this section and the regulations through 

23 identification of markers associated with a 

24 treatment technology’s effectiveness, such as 


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1 the presence of indicators associated with a cer2 tified treatment technology. 

3 ‘‘(7) EDUCATION AND TECHNICAL ASSISTANCE

4 PROGRAMS.—The Secretary may carry out education 

5 and technical assistance programs and other meas6 ures to promote compliance with the requirements 

7 issued under this section. 

8 ‘‘(j) DETENTION OF VESSELS.— 

9 ‘‘(1) IN GENERAL.—The Secretary, by notice to 

10 the owner, charterer, managing operator, agent, 

11 master, or other individual in charge of a vessel, 

12 may detain that vessel if the Secretary has reason13 able cause to believe that— 

14 ‘‘(A) the vessel is a vessel to which this 

15 section applies; and 

16 ‘‘(B) the vessel does not comply with the 

17 requirements of this section or of the regula18 tions issued hereunder or is being operated in 

19 violation of such requirements. 

20 ‘‘(2) CLEARANCE.— 

21 ‘‘(A) IN GENERAL.—A vessel detained 

22 under paragraph (1) may obtain clearance 

23 under section 4197 of the Revised Statutes (46 

24 U.S.C. App. 91) only if the violation for which 

25 it was detained has been corrected. 


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1 ‘‘(B) WITHDRAWAL.—If the Secretary 

2 finds that a vessel detained under paragraph 

3 (1) has received a clearance under section 4197 

4 of the Revised Statutes (46 U.S.C. App. 91) be5 fore it was detained under paragraph (1), the 

6 Secretary shall withdraw, withhold, or revoke 

7 the clearance. 

8 ‘‘(k) SANCTIONS.— 

9 ‘‘(1) CIVIL PENALTIES.—Any person who vio10 lates a regulation promulgated under this section 

11 shall be liable for a civil penalty in an amount not 

12 to exceed $32,500. Each day of a continuing viola13 tion constitutes a separate violation. A vessel oper14 ated in violation of this section or the regulations is 

15 liable in rem for any civil penalty assessed under 

16 this subsection for that violation. 

17 ‘‘(2) CRIMINAL PENALTIES.—Any person who 

18 knowingly violates the regulations promulgated 

19 under this section is guilty of a class C felony. 

20 ‘‘(3) REVOCATION OF CLEARANCE.—Except as 

21 provided in subsection (j)(2), upon request of the 

22 Secretary, the Secretary of the Treasury shall with23 hold or revoke the clearance of a vessel required by 

24 section 4197 of the Revised Statutes (46 U.S.C. 

25 App. 91), if the owner or operator of that vessel is 


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1 in violation of this section or the regulations issued 

2 under this section. 

3 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub4 section does not apply to a discharge pursuant to 

5 subsection (b)(3), (e)(5), or (e)(7). 

6 ‘‘(l) ENFORCEMENT.— 

7 ‘‘(1) ADMINISTRATIVE ACTIONS.—If the Sec8 retary finds, after notice and an opportunity for a 

9 hearing, that a person has violated any provision of 

10 this section or any regulation promulgated here11 under, the Secretary may assess a civil penalty for 

12 that violation. In determining the amount of a civil 

13 penalty, the Secretary shall take into account the 

14 nature, circumstances, extent, and gravity of the 

15 prohibited acts committed and, with respect to the 

16 violator, the degree of culpability, any history of 

17 prior violations, and such other matters as justice 

18 may require. 

19 ‘‘(2) CIVIL ACTIONS.—At the request of the 

20 Secretary, the Attorney General may bring a civil 

21 action in an appropriate district court of the United 

22 States to enforce this section, or any regulation pro23 mulgated hereunder. Any court before which such an 

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1 cluding temporary or permanent injunctions and 

2 civil penalties. 

3 ‘‘(m) CONSULTATION WITH CANADA, MEXICO, AND

4 OTHER FOREIGN GOVERNMENTS.—In developing the 

5 guidelines issued and regulations promulgated under this 

6 section, the Secretary is encouraged to consult with the 

7 Government of Canada, the Government of Mexico, and 

8 any other government of a foreign country that the Sec9 retary, after consultation with the Task Force, determines 

10 to be necessary to develop and implement an effective 

11 international program for preventing the unintentional in12 troduction and spread of aquatic nuisance species through 

13 ballast water. 

14 ‘‘(n) INTERNATIONAL COOPERATION.—The Sec15 retary, in cooperation with the Undersecretary, the Sec16 retary of State, the Administrator, the heads of other rel17 evant Federal agencies, the International Maritime Orga18 nization of the United Nations, and the Commission on 

19 Environmental Cooperation established pursuant to the 

20 North American Free Trade Agreement, is encouraged to 

21 enter into negotiations with the governments of foreign 

22 countries to develop and implement an effective inter23 national program for preventing the unintentional intro24 duction and spread of aquatic nuisance species through 

25 ballast water. The Secretary is particularly encouraged to 


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1 seek bilateral or multilateral agreements with Canada, 

2 Mexico, and other nations in the Wider Caribbean (as de3 fined in the Convention for the Protection and Develop4 ment of the Marine Environment of the Wider Caribbean 

5 (Cartagena Convention) under this section. 

6 ‘‘(o) NON-DISCRIMINATION.—The Secretary shall en7 sure that vessels registered outside of the United States 

8 do not receive more favorable treatment than vessels reg9 istered in the United States when the Secretary performs 

10 studies, reviews compliance, determines effectiveness, es11 tablishes requirements, or performs any other responsibil12 ities under this Act. 

13 ‘‘(p) SUPPORT FOR FEDERAL BALLAST WATER DEM14 ONSTRATION PROJECT.—In addition to amounts other15 wise available to the Maritime Administration, the Na16 tional Oceanographic and Atmospheric Administration, 

17 and the United States Fish and Wildlife Service for the 

18 Federal Ballast Water Demonstration Project, the Sec19 retary shall provide support for the conduct and expansion 

20 of the project, including grants for research and develop21 ment of innovative technologies for the management, 

22 treatment, and disposal of ballast water and sediment, for 

23 ballast water exchange, and for other vessel vectors of 

24 aquatic nuisance species such as hull-fouling. There are 

25 authorized to be appropriated to the Secretary $5,000,000 


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1 for each of fiscal years 2007 through 2011 to carry out 

2 this subsection. 

3 ‘‘(q) CONSULTATION WITH TASK FORCE.—The Sec4 retary shall consult with the Task Force in carrying out 

5 this section. 

6 ‘‘(r) RISK ASSESSMENT.— 

7 ‘‘(1) IN GENERAL.—Within 2 years after the 

8 date of enactment of the Ballast Water Management 

9 Act of 2007, the Administrator, in consultation with 

10 the Secretary and other appropriate Federal agen11 cies, shall conduct a risk assessment of vessel dis12 charges other than aquatic nuisance species that are 

13 not required by the Clean Water Act (33 U.S.C. 

14 1251 et seq.) to have National Pollution Effluent 

15 Discharge Standards permits under section 122.3(a) 

16 of title 40, Code of Federal Regulations. The risk 

17 assessment shall include— 

18 ‘‘(A) a characterization of the various 

19 types of discharges by different classes of ves20 sels; 

21 ‘‘(B) the average volume of such dis22 charges for individual vessels and by class of 

23 vessel in the aggregate; 


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1 ‘‘(C) conclusions as to whether such dis2 charges pose a risk to human health or the en3 vironment; and 

4 ‘‘(D) recommendations as to steps, includ5 ing regulations, that are necessary to address 

6 such risks. 

7 ‘‘(2) PUBLIC COMMENT.—The Administrator 

8 shall cause a draft of the risk assessment to be pub9 lished in the Federal Register for public comment, 

10 and shall develop a final risk assessment report after 

11 taking into accounts any comments received during 

12 the public comment period. 

13 ‘‘(3) FINAL REPORT.—The Administrator shall 

14 transmit a copy of the final report to the Senate 

15 Committee on Commerce, Science, and Transpor16 tation and the House of Representatives Committee 

17 on Transportation and Infrastructure. 

18 ‘‘(s) OTHER SOURCES OF VESSEL-BORNE NUISANCE

19 SPECIES.— 

20 ‘‘(1) HULL-FOULING AND OTHER VESSEL

21 SOURCES.— 

22 ‘‘(A) REPORT.—Within 180 days after the 

23 date of enactment of the Ballast Water Man24 agement Act of 2007, the Commandant of the 

25 Coast Guard shall transmit a report to the SenVerDate Aug 31 2005 23:14 Jun 11, 2007 Jkt 059196 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1578.IS S1578

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1 ate Committee on Commerce, Science, and 

2 Transportation and the House of Representa3 tives Committee on Transportation and Infra4 structure on vessel-borne vectors of aquatic nui5 sance species and pathogens other than ballast 

6 water and sediment, including vessel hulls, an7 chors, and equipment. 

8 ‘‘(B) MANAGEMENT.—Within 1 year after 

9 the date of enactment of the Ballast Water 

10 Management Act of 2007, the Secretary shall 

11 develop a strategy to address such other vessel 

12 sources of aquatic nuisance species and to re13 duce the introduction of invasive species into 

14 and within the United States from vessels. The 

15 strategy shall include— 

16 ‘‘(i) designation of geographical loca17 tions for update and discharge of un18 treated ballast water, as well as measures 

19 to address non-ballast vessel vectors of 

20 aquatic invasive species; 

21 ‘‘(ii) necessary modifications of exist22 ing regulations; 

23 ‘‘(iii) best practices standards and 

24 procedures; and 


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1 ‘‘(iv) a timeframe for implementation 

2 of those standards and procedures by ves3 sels, in addition to the mandatory require4 ments set forth in this section for ballast 

5 water. 

6 ‘‘(C) REPORT.—The Secretary shall trans7 mit a report to the Committees describing the 

8 strategy, proposed regulations, best practices, 

9 and the implementation timeframe, together 

10 with any recommendations, including legislative 

11 recommendations if appropriate, the Secretary 

12 deems appropriate. 

13 ‘‘(D) STANDARDS FOR VESSELS OF THE

14 UNITED STATES.—The strategy shall include 

15 requirements to ensure the consistent applica16 tion of best practices to all vessels owned or op17 erated by a Federal agency. 

18 ‘‘(2) TRANSITING VESSELS.—Within 180 days 

19 after the date of enactment of the Ballast Water 

20 Management Act of 2007, the Commandant of the 

21 Coast Guard shall transmit a report to the Senate 

22 Committee on Commerce, Science, and Transpor23 tation and the House of Representatives Committee 

24 on Transportation and Infrastructure containing— 


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1 ‘‘(A) an assessment of the magnitude and 

2 potential adverse impacts of ballast water oper3 ations from foreign vessels designed, adapted, 

4 or constructed to carry ballast water that are 

5 transiting waters subject to the jurisdiction of 

6 the United States; and 

7 ‘‘(B) recommendations, including legisla8 tive recommendations if appropriate, of options 

9 for addressing ballast water operations of those 

10 vessels. 

11 ‘‘(t) REGULATIONS.— 

12 ‘‘(1) IN GENERAL.—The Secretary, after con13 sultation with other appropriate Federal agencies, 

14 shall issue such regulations as may be necessary ini15 tially to carry out this section within 1 year after the 

16 date of enactment of the Ballast Water Management 

17 Act of 2007. 

18 ‘‘(2) JUDICIAL REVIEW.— 

19 ‘‘(A) 120-DAY RULE.—An interested per20 son may bring an action for review of a final 

21 regulation promulgated under this section by 

22 the Secretary of the department in which the 

23 Coast Guard is operating in the United States 

24 Court of Appeals for the District of Columbia 

25 Circuit. Any such petition shall be filed within 


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1 120 days after the date on which notice of the 

2 promulgation appears in the Federal Register, 

3 except that if the petition is based solely on 

4 grounds arising after the 120th day, then any 

5 petition for review under this subsection shall 

6 be filed within 120 days after those grounds 

7 arise. 

8 ‘‘(B) REVIEW IN ENFORCEMENT PRO9 CEEDINGS.—A regulation for which review 

10 could have been obtained under subparagraph 

11 (A) of this paragraph is not subject to judicial 

12 review in any civil or criminal proceeding for 

13 enforcement. 

14 ‘‘(u) SAVINGS CLAUSE.— 

15 ‘‘(1) IN GENERAL.—Nothing in this section 

16 shall be construed to preempt the authority of any 

17 State or local government to impose penalties or fees 

18 for acts or omissions that are violations of this Act, 

19 or to provide incentives under subsection (f)(9)(B). 

20 ‘‘(2) RECEPTION FACILITIES.—The standards 

21 prescribed by the Secretary or other appropriate 

22 Federal agencies under subsection (f)(2) do not su23 persede any more stringent standard under any oth24 erwise applicable Federal, State, or local law. 


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1 ‘‘(3) APPLICATION WITH OTHER STATUTES.— 

2 This section provides the sole Federal authority for 

3 preventing the introduction of species through the 

4 control and management of vessel ballast water or 

5 sediment or other vessel-related vectors.’’. 

6 (b) DEFINITIONS.— 

7 (1) IN GENERAL.—Section 1003 of the Non8 indigenous Aquatic Nuisance Prevention and Control 

9 Act of 1990 (16 U.S.C. 4702) is amended— 

10 (A) by redesignating paragraph (1) as 

11 paragraph (1A); 

12 (B) by inserting before paragraph (1A), as 

13 redesignated, the following: 

14 ‘‘(1) ‘Administrator’ means the Administrator 

15 of the Environmental Protection Agency;’’; 

16 (C) by striking paragraph (3) and insert17 ing the following: 

18 ‘‘(3) ‘ballast water’— 

19 ‘‘(A) means water taken on board a vessel 

20 to control trim, list, draught, stability, or 

21 stresses of the vessel, including matter sus22 pended in such water; and 

23 ‘‘(B) any water placed into a ballast tank 

24 during cleaning, maintenance, or other oper25 ations; but 


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1 ‘‘(C) does not include water taken on 

2 board a vessel and used for a purpose described 

3 in subparagraph (A) that, at the time of dis4 charge, does not contain aquatic nuisance spe5 cies;’’; 

6 (D) by inserting after paragraph (3) the 

7 following: 

8 ‘‘(3A) ‘ballast water capacity’ means the total 

9 volumetric capacity of any tanks, spaces, or com10 partments on a vessel that is used for carrying, load11 ing, or discharging ballast water, including any 

12 multi-use tank, space, or compartment designed to 

13 allow carriage of ballast water; 

14 ‘‘(3B) ‘ballast water management’ means me15 chanical, physical, chemical, and biological processes 

16 used, either singularly or in combination, to remove, 

17 render harmless, or avoid the uptake or discharge of 

18 aquatic nuisance species and pathogens within bal19 last water and sediment; 

20 ‘‘(3C) ‘constructed’ means a state of construc21 tion of a vessel at which— 

22 ‘‘(A) the keel is laid; 

23 ‘‘(B) construction identifiable with the spe24 cific vessel begins; 


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1 ‘‘(C) assembly of the vessel has begun 

2 comprising at least 50 tons or 1 percent of the 

3 estimated mass of all structural material of the 

4 vessel, whichever is less; or 

5 ‘‘(D) the vessel undergoes a major conver6 sion;’’; 

7 (E) by inserting after paragraph (10) the 

8 following: 

9 ‘‘(10A) ‘major conversion’ means a conversion 

10 of a vessel, that— 

11 ‘‘(A) changes its ballast water carrying ca12 pacity by at least 15 percent; 

13 ‘‘(B) changes the vessel class; 

14 ‘‘(C) is projected to prolong the vessel’s life 

15 by at least 10 years (as determined by the Sec16 retary); or 

17 ‘‘(D) results in modifications to the vessel’s 

18 ballast water system, except— 

19 ‘‘(i) component replacement-in-kind; 

20 or 

21 ‘‘(ii) conversion of a vessel to meet the 

22 requirements of section 1101(e);’’; 

23 (F) by inserting after paragraph (12), as 

24 redesignated, the following: 


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1 ‘‘(12A) ‘saltwater flushing’ means the process 

2 of— 

3 ‘‘(A) adding midocean water to a ballast 

4 water tank that contains residual quantities of 

5 ballast waters; 

6 ‘‘(B) mixing the midocean water with the 

7 residual ballast water and sediment in the tank 

8 through the motion of a vessel; and 

9 ‘‘(C) discharging the mixed water so that 

10 the salinity of the resulting residual ballast 

11 water in the tank exceeds 30 parts per thou12 sand; 

13 ‘‘(12B) ‘sediment’ means matter that has set14 tled out of ballast water within a vessel;’’; 

15 (G) by redesignating paragraph (15) as 

16 paragraph (16A) and moving it to follow para17 graph (16); 

18 (H) by inserting after paragraph (17) the 

19 following: 

20 ‘‘(17A) ‘United States port’ means a port, 

21 river, harbor, or offshore terminal under the juris22 diction of the United States, including ports located 

23 in Puerto Rico, Guam, the Northern Marianas, and 

24 the United States Virgin Islands; 

25 ‘‘(17B) ‘vessel of the Armed Forces’ means— 


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1 ‘‘(A) any vessel owned or operated by the 

2 Department of Defense, other than a time or 

3 voyage chartered vessel; and 

4 ‘‘(B) any vessel owned or operated by the 

5 Department of Homeland Security that is des6 ignated by the Secretary of the department in 

7 which the Coast Guard is operating as a vessel 

8 equivalent to a vessel described in subparagraph 

9 (A); and 

10 ‘‘(17C) ‘waters subject to the jurisdiction of the 

11 United States’ means navigable waters and the terri12 torial sea of the United States, the exclusive eco13 nomic zone, and the Great Lakes.’’. 

14 (2) STYLISTIC CONSISTENCY.—Section 1003 of 

15 the Nonindigenous Aquatic Nuisance Prevention and 

16 Control Act of 1990 (16 U.S.C. 4702), as amended 

17 by paragraph (1), is further amended— 

18 (A) by striking ‘‘As used in this Act, the 

19 term—’’ and inserting ‘‘In this Act:’’; 

20 (B) by redesignating paragraphs (1) 

21 through (17C) as paragraphs (1) through (27), 

22 respectively; and 

23 (C) by inserting a heading after the des24 ignation of each existing paragraph, in a form 

25 consistent with the form of the paragraphs 


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1 added by paragraph (1) of this subsection, con2 sisting of the term defined in such paragraph 

3 and ‘‘The term’’. 

4 (c) REPEAL OF SECTION 1103.—Section 1103 of the 

5 Nonindigenous Aquatic Nuisance Prevention and Control 

6 Act of 1990 (16 U.S.C. 4713) is repealed. 

7 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 1301(a) of the Nonindigenous Aquatic Nui9 sance Prevention and Control Act of 1990 (16 U.S.C. 

10 4741(a)) is amended— 

11 (1) by striking ‘‘and’’ after the semicolon in 

12 paragraph (4)(B); 

13 (2) by striking ‘‘1102(f).’’ in paragraph (5)(B) 

14 and inserting ‘‘1102(f); and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(6) $20,000,000 for each of fiscal years 2008 

17 through 2012 to the Secretary to carry out section 

18 1101.’’. 

Æ 


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