II 

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.

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 2004’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) The introduction of aquatic invasive species 

9 into the Nation’s waters is one of the most urgent 
2

•S 2490 IS 

1 issues facing the marine environment in the United 

2 States. 

3 (2) The direct and indirect costs of aquatic 

4 invasive species to the economy of the United States 

5 amount to billions of dollars per year. 

6 (3) Invasive species are thought to have been 

7 involved in 70 percent of the last century’s 

8 extinctions of native aquatic species. 

9 (4) Invasive aquatic species are a significant 

10 problem in all regions of the United States, includ11 ing Hawaii, Alaska, San Francisco Bay, the Great 

12 Lakes, the Southeast, and the Chesapeake Bay. 

13 (5) Ballast water from ships is one of the larg14 est pathways for the introduction and spread of 

15 aquatic invasive species. 

16 (6) It has been estimated that some 10,000 

17 non-indigenous aquatic organisms travel around the 

18 globe each day in the ballast water of cargo ships. 

19 (7) Over 2 billion gallons of ballast water are 

20 discharged in United States waters each year. Bal21 last water may be the source of the largest volume 

22 of foreign organisms released on a daily basis into 

23 American ecosystems. 
3

•S 2490 IS 

1 (8) Ballast water has been found to transport 

2 not only invasive plants and animals but human dis3 eases as well, such as cholera. 

4 (9) Invasive aquatic species may originate in 

5 other countries, or from distinct regions in the 

6 United States. 

7 (10) An average of 72 percent of all fish species 

8 introduced in the Southeast have become estab9 lished, many of which are native to the United 

10 States but transplanted outside their native ranges. 

11 (11) The introduction of non-indigenous species 

12 has been closely correlated with the disappearance of 

13 indigenous species in Hawaii and other islands. 

14 (12) Despite the efforts of more than 20 State, 

15 Federal, and private agencies, unwanted alien pests 

16 are entering Hawaii at an alarming rate——about 2 

17 million times more rapid than the natural rate. 

18 (13) Current Federal programs are insufficient 

19 to effectively address this growing problem. 

20 (14) Preventing aquatic invasive species from 

21 being introduced is the most cost-effective approach 

22 for addressing this issue, because once established, 

23 they are costly and sometimes impossible to control. 
4

•S 2490 IS 

1 SEC. 3. BALLAST WATER MANAGEMENT. 

2 (a) IN GENERAL.—Section 1101 of the Nonindige3 nous Aquatic Nuisance Prevention and Control Act of 

4 1990 (16 U.S.C. 4711) is amended to read as follows: 

5 ‘‘SEC. 1101. BALLAST WATER MANAGEMENT. 

6 ‘‘(a) VESSELS TO WHICH SECTION APPLIES.— 

7 ‘‘(1) IN GENERAL.—This section applies to a 

8 vessel that is designed or constructed to carry bal9 last water; and 

10 ‘‘(A) is a vessel of the United States (as 

11 defined in section 2101(46) of title 46, United 

12 States Code); or 

13 ‘‘(B) is a foreign vessel that is en route to, 

14 or has departed from, a United States port. 

15 ‘‘(2) EXCEPTIONS.—Notwithstanding para16 graph (1), this section does not apply to—

17 ‘‘(A) permanent ballast water in a sealed 

18 tank on a vessel that is not subject to dis19 charge; 

20 ‘‘(B) a vessel of the Armed Forces; or 

21 ‘‘(C) a vessel, or category of vessels, ex22 empted by the Secretary under paragraph (4). 

23 ‘‘(3) STANDARDS FOR VESSELS OF THE ARMED

24 FORCES.—With respect to a vessel of the Armed 

25 Forces that is designed or constructed to carry bal26 last water, the Secretary of Defense, after consulta-
5

•S 2490 IS 

1 tion with the Administrator of the Environmental 

2 Protection Agency and the Secretary, shall promul3 gate ballast water and sediment management stand4 ards for such vessels that, so far as is reasonable 

5 and practicable, achieve environmental results that 

6 are comparable to those achieved by the require7 ments of this section in waters subject to the juris8 diction of the United States. In promulgating those 

9 standards, the Secretary of Defense may take into 

10 account the standards promulgated for such vessels 

11 under section 312 of the Clean Water Act (33 

12 U.S.C. 1322) to the extent that compliance with 

13 those standards would meet the requirements of this 

14 Act. 

15 ‘‘(4) VESSEL EXEMPTIONS BY SECRETARY.—

16 The Secretary may exempt a vessel, or category of 

17 vessels, from the application of this section if the 

18 Secretary determines, after consultation with the 

19 Administrator of the Environmental Protection 

20 Agency and the Administrator of the National Oce21 anic and Atmospheric Administration, that ballast 

22 water discharge from the vessel or category of ves23 sels will not have an adverse impact (as defined in 

24 section 1003(1) of this Act), based on factors includ-
6

•S 2490 IS 

1 ing the origin and destination of the voyages under2 taken by such vessel or category of vessels. 

3 ‘‘(5) COAST GUARD ASSESSMENT AND RE4 PORT.—Within 180 days after the date of enactment 

5 of the Ballast Water Management Act of 2004, the 

6 Commandant of the Coast Guard shall transmit a 

7 report to the Senate Committee on Commerce, 

8 Science, and Transportation and the House of Rep9 resentatives Committee on Transportation and In10 frastructure containing—

11 ‘‘(A) an assessment of the magnitude of 

12 ballast water operations from vessels designed 

13 or constructed to carry ballast water that are 

14 not described in paragraph (1) that are 

15 transiting waters subject to the jurisdiction of 

16 the United States; and 

17 ‘‘(B) recommendations, including legisla18 tive recommendations if appropriate, of options 

19 for addressing such ballast water operations. 

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

21 AND SEDIMENT.—

22 ‘‘(1) PROHIBITION.—Except as provided in this 

23 section, no person may uptake or discharge ballast 

24 water and sediment from a vessel to which this sec-
7

•S 2490 IS 

1 tion applies into waters subject to the jurisdiction of 

2 the United States. 

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

4 apply to the uptake or discharge of ballast water 

5 and sediment in the following circumstances: 

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

7 the purpose of—

8 ‘‘(i) ensuring the safety of vessel in an 

9 emergency situation; or 

10 ‘‘(ii) saving a life at sea. 

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

12 and the result of damage to the vessel or its 

13 equipment and—

14 ‘‘(i) all reasonable precautions to pre15 vent or minimize ballast water and sedi16 ment discharge have been taken before and 

17 after the damage occurs, the discovery of 

18 the damage, and the discharge; and 

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

20 the vessel did not willfully or recklessly 

21 cause the damage. 

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

23 the purpose of avoiding or minimizing the dis24 charge of pollution from the vessel. 
8

•S 2490 IS 

1 ‘‘(D) The uptake and subsequent discharge 

2 on the high seas of the same ballast water and 

3 sediment. 

4 ‘‘(E) The uptake or discharge of ballast 

5 water and sediment occurs at the same location 

6 where the whole of the ballast water and sedi7 ment that is discharged was taken up and there 

8 is no mixing with unmanaged ballast water and 

9 sediment from another area. 

10 ‘‘(3) SPECIAL RULE FOR UNITED STATES FLAG

11 VESSELS.—For a vessel described in subsection 

12 (a)(1)(A), paragraph (1) of this subsection shall be 

13 applied without regard to whether the uptake or dis14 charge occurs in waters subject to the jurisdiction of 

15 the United States. 

16 ‘‘(4) SPECIAL RULE FOR THE GREAT LAKES.—

17 Paragraph (2) does not apply to a vessel subject to 

18 the regulations under subsection (e)(2) until the ves19 sel is required to conduct ballast water treatment in 

20 accordance with subsection (f) of this section. 

21 ‘‘(c) VESSEL BALLAST WATER MANAGEMENT

22 PLAN.— 

23 ‘‘(1) IN GENERAL.—A vessel to which this sec24 tion applies shall conduct all its ballast water man-
9

•S 2490 IS 

1 agement operations in accordance with a ballast 

2 water management plan that—

3 ‘‘(A) meets the requirements prescribed by 

4 the Secretary by regulation; and 

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

6 ‘‘(2) APPROVAL CRITERIA.—The Secretary may 

7 not approve a ballast water management plan unless 

8 the Secretary determines that the plan—

9 ‘‘(A) describes in detail safety procedures 

10 for the vessel and crew associated with ballast 

11 water management; 

12 ‘‘(B) describes in detail the actions to be 

13 taken to implement the ballast water manage14 ment requirements established under this sec15 tion; 

16 ‘‘(C) describes in detail procedures for dis17 posal of sediment at sea and on shore; 

18 ‘‘(D) designates the officer on board the 

19 vessel in charge of ensuring that the plan is 

20 properly implemented; 

21 ‘‘(E) contains the reporting requirements 

22 for vessels established under this section; and 

23 ‘‘(F) meets all other requirements pre24 scribed by the Secretary.
10

•S 2490 IS 

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

2 owner or operator of a vessel to which this section 

3 applies shall maintain a copy of the vessel’s ballast 

4 water management plan on board at all times. 

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

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

7 vessel to which this section applies shall maintain a 

8 ballast water record book on board the vessel in 

9 which—

10 ‘‘(A) each operation involving ballast water 

11 is fully recorded without delay, in accordance 

12 with regulations promulgated by the Secretary; 

13 and 

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

15 detail, including the location and circumstances 

16 of, and the reason for, the operation. 

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

18 book—

19 ‘‘(A) shall be kept readily available for ex20 amination by the Secretary at all reasonable 

21 times; and 

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

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

24 unmanned vessel under tow. 
11

•S 2490 IS 

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

2 record book shall be retained—

3 ‘‘(A) on board the vessel for a period of 2 

4 years after the date on which the last entry in 

5 the book is made; and 

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

7 owner for an additional period of 3 years. 

8 ‘‘(4) REGULATIONS.—In the regulations pre9 scribed under this section, the Secretary shall re10 quire, at a minimum, that—

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

12 book be signed and dated by the officer in 

13 charge of the ballast water operation recorded; 

14 and 

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

16 water record book be signed and dated by the 

17 master of the vessel. 

18 ‘‘(5) ALTERNATIVE MEANS OF RECORD19 KEEPING.—The Secretary may provide by regulation 

20 for alternative methods of recordkeeping, including 

21 electronic recordkeeping, to comply with the require22 ments of this subsection. 

23 ‘‘(e) BALLAST WATER EXCHANGE REQUIRE24 MENTS.— 
12

•S 2490 IS 

1 ‘‘(1) IN GENERAL.—Until a vessel conducts bal2 last water treatment in accordance with the require3 ments of subsection (f) of this section, the operator 

4 of a vessel to which this section applies may not con5 duct the uptake or discharge of ballast water unless 

6 the operator conducts ballast water exchange, in ac7 cordance with regulations prescribed by the Sec8 retary, in a manner that results in an efficiency of 

9 at least 95 percent volumetric exchange of the bal10 last water for each ballast water tank. 

11 ‘‘(2) SPECIAL RULE FOR VESSELS IN THE

12 GREAT LAKES.—

13 ‘‘(A) IN GENERAL.—Notwithstanding any 

14 other provision of this subsection, under regula15 tions prescribed by the Secretary to prevent the 

16 introduction and spread of aquatic nuisance 

17 species into the Great Lakes through the ballast 

18 water of vessels, all vessels equipped with bal19 last water tanks that enter a United States port 

20 on the Great Lakes after operating on the wa21 ters beyond the exclusive economic zone shall—

22 ‘‘(i) carry out exchange of ballast 

23 water on the waters beyond the exclusive 

24 economic zone prior to entry into any port 

25 within the Great Lakes; or 
13

•S 2490 IS 

1 ‘‘(ii) carry out an exchange of ballast 

2 water in other waters where the exchange 

3 does not pose a threat of infestation or 

4 spread of aquatic nuisance species in the 

5 Great Lakes and other waters of the 

6 United States, as recommended by the 

7 Task Force under section 1102(a)(1). 

8 ‘‘(B) ADDITIONAL MATTERS COVERED BY

9 THE REGULATIONS.—The regulations shall—

10 ‘‘(i) not affect or supersede any re11 quirements or prohibitions pertaining to 

12 the discharge of ballast water into waters 

13 of the United States under the Federal 

14 Water Pollution Control Act (33 U.S.C. 

15 1251 et seq.); 

16 ‘‘(ii) provide for sampling procedures 

17 to monitor compliance with the require18 ments of the regulations; 

19 ‘‘(iii) prohibit the operation of a vessel 

20 in the Great Lakes if the master of the 

21 vessel has not certified to the Secretary or 

22 the Secretary’s designee by not later than 

23 the departure of that vessel from the first 

24 lock in the St. Lawrence Seaway that the
14

•S 2490 IS 

1 vessel has complied with the requirements 

2 of the regulations; 

3 ‘‘(iv) protect the safety of—

4 ‘‘(I) each vessel; and 

5 ‘‘(II) the crew and passengers of 

6 each vessel; 

7 ‘‘(v) take into consideration different 

8 operating conditions; and 

9 ‘‘(vi) be based on the best scientific 

10 information available. 

11 ‘‘(C) HUDSON RIVER PORT.—The regula12 tions under this paragraph also apply to vessels 

13 that enter a United States port on the Hudson 

14 River north of the George Washington Bridge. 

15 ‘‘(D) EDUCATION AND TECHNICAL ASSIST16 ANCE PROGRAMS.—The Secretary may carry 

17 out education and technical assistance pro18 grams and other measures to promote compli19 ance with the regulations issued under this 

20 paragraph. 

21 ‘‘(3) EXCHANGE AREAS.— 

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraphs (B), (C), and (D), the operator 

24 of a vessel to which this section applies shall 
15

•S 2490 IS 

1 conduct ballast water exchange in accordance 

2 with regulations prescribed by the Secretary—

3 ‘‘(i) at least 200 nautical miles from 

4 the nearest land; and 

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

6 depth. 

7 ‘‘(B) MINIMUM DISTANCE AND DEPTH.—

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in subparagraph (C), if the operator 

10 of a vessel is unable to conduct ballast 

11 water exchange in accordance with sub12 paragraph (A), the ballast water exchange 

13 shall be conducted in water that is—

14 ‘‘(I) as far as possible from land; 

15 ‘‘(II) at least 50 nautical miles 

16 from land; and 

17 ‘‘(III) in water of at least 200 

18 meters in depth. 

19 ‘‘(ii) LIMITATION.—The operator of a 

20 vessel may not conduct ballast water ex21 change in accordance with clause (i) in any 

22 area with respect to which the Secretary 

23 has determined, after consultation with the 

24 Administrators of the Environmental Pro25 tection Agency and the National Oceanic 
16

•S 2490 IS 

1 and Atmospheric Administration, that bal2 last water exchange in the area will have 

3 an adverse impact, notwithstanding the 

4 fact that the area meets the distance and 

5 depth criteria of clause (i). 

6 ‘‘(C) EXCHANGE IN DESIGNATED AREA.—

7 ‘‘(i) IN GENERAL.—If the operator of 

8 a vessel is unable to conduct ballast water 

9 exchange in accordance with subparagraph 

10 (B), the operator of the vessel may conduct 

11 ballast water exchange in an area that 

12 does not meet the distance and depth cri13 teria of subparagraph (B) in such areas as 

14 may be designated by the Administrator of 

15 the National Oceanic and Atmospheric Ad16 ministration, determined in consultation 

17 with the Secretary and the Administrator 

18 of the Environmental Protection Agency, 

19 for that purpose. 

20 ‘‘(ii) CHARTING.—The Administrator 

21 of the National Oceanic and Atmospheric 

22 Administration, in consultation with the 

23 Secretary, shall designate such areas on 

24 nautical charts. 
17

•S 2490 IS 

1 ‘‘(iii) LIMITATION.—The Adminis2 trator may not designate an area under 

3 clause (i) if a ballast water exchange in 

4 that area could have an adverse impact, as 

5 determined by the Secretary in consulta6 tion with the Administrator of the Envi7 ronmental Protection Agency. 

8 ‘‘(D) SAFETY OR STABILITY EXCEPTION.—

9 ‘‘(i) IN GENERAL.—Subparagraphs 

10 (A), (B), and (C) do not apply to the dis11 charge or uptake of ballast water if the 

12 master of a vessel determines that compli13 ance with subparagraph (A), (B), or (C), 

14 whichever applies, would threaten the safe15 ty or stability of the vessel, its crew, or its 

16 passengers because of adverse weather, 

17 ship design or stress, equipment failure, or 

18 any other relevant condition. 

19 ‘‘(ii) NOTIFICATION REQUIRED.—

20 Whenever the master of a vessel conducts 

21 a ballast water discharge or uptake under 

22 the exception described in clause (i), the 

23 master of the vessel shall notify the Sec24 retary as soon as practicable thereafter but
18

•S 2490 IS 

1 no later than 24 hours after the ballast 

2 water discharge or uptake commenced. 

3 ‘‘(iii) LIMITATION ON VOLUME.—The 

4 volume of any ballast water taken up or 

5 discharged under the exception described 

6 in clause (i) may not exceed the volume 

7 necessary to ensure the safe operation of 

8 the vessel. 

9 ‘‘(iv) REVIEW OF CIRCUMSTANCES.—

10 If the master of a vessel conducts a ballast 

11 water discharge or uptake under the excep12 tion described in clause (i) on more than 2 

13 out of 6 sequential voyages, the Secretary 

14 shall review the circumstances to determine 

15 whether those ballast water discharges or 

16 uptakes met the requirements of this sub17 paragraph. The review under this clause 

18 shall be in addition to any other enforce19 ment activity by the Secretary. 

20 ‘‘(E) INABILITY TO COMPLY WITH EX21 CHANGE AREA REQUIREMENTS.—

22 ‘‘(i) DEVIATION OR DELAY OF VOY23 AGE.—In determining the ability of the op24 erator of a vessel to conduct ballast water 

25 exchange in accordance with the require-
19

•S 2490 IS 

1 ments of subparagraph (A) or (B), a vessel 

2 is not required to deviate from its intended 

3 voyage or unduly delay its voyage to com4 ply with those requirements. 

5 ‘‘(ii) PARTIAL COMPLIANCE.—An op6 erator of a vessel that is unable to comply 

7 fully with the requirements of subpara8 graph (A) or (B), shall conduct ballast 

9 water exchange to the maximum extent 

10 feasible in compliance with those subpara11 graphs. 

12 ‘‘(F) SPECIAL RULE FOR THE GREAT

13 LAKES.—This paragraph does not apply to ves14 sels subject to the regulations under paragraph 

15 (2). 

16 ‘‘(f) BALLAST WATER TREATMENT REQUIRE17 MENTS.— 

18 ‘‘(1) IN GENERAL.—Subject to the implementa19 tion schedule in paragraph (3), before discharging 

20 ballast water in waters subject to the jurisdiction of 

21 the United States a vessel to which this section ap22 plies shall conduct ballast water treatment so that 

23 the ballast water discharged will contain—
20

•S 2490 IS 

1 ‘‘(A) less than 0.1 living organisms per 

2 cubic meter that are 50 or more micrometers in 

3 minimum dimension; 

4 ‘‘(B) less than 0.1 living organisms per 

5 milliliter that are less than 50 micrometers in 

6 minimum dimension and more than 10 microm7 eters in minimum dimension; 

8 ‘‘(C) concentrations of indicator microbes 

9 that are less than—

10 ‘‘(i) 1 colony-forming unit of 

11 Toxicogenic vibrio cholera (O1 and O139) 

12 per 100 milliliters, or less than 1 colony13 forming unit of that microbe per gram of 

14 wet weight of zoological samples; 

15 ‘‘(ii) 126 colony-forming units of 

16 escherichi coli per 100 milliliters; and 

17 ‘‘(iii) 33 colony-forming units of intes18 tinal enterococci per 100 milliliters; and 

19 ‘‘(D) concentrations of such indicator mi20 crobes as may be specified in regulations pro21 mulgated by the Secretary that are less than 

22 the amount specified in those regulations. 

23 ‘‘(2) RECEPTION FACILITY EXCEPTION.—Para24 graph (1) does not apply to a vessel that discharges 

25 ballast water into a reception facility that meets 
21

•S 2490 IS 

1 standards prescribed by the Secretary, in consulta2 tion with the Administrator of the Environmental 

3 Protection Agency, for the reception of ballast water 

4 that provide for the reception of ballast water and 

5 its disposal or treatment in a way that does not im6 pair or damage the environment, human health, 

7 property, or resources. The Secretary may not pre8 scribe such standards that are less stringent than 

9 any otherwise applicable Federal, State, or local law 

10 requirements. 

11 ‘‘(3) IMPLEMENTATION SCHEDULE.—Para12 graph (1) applies to vessels in accordance with the 

13 following schedule: 

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

15 1, 2009, for vessels constructed on or after that 

16 date with a ballast water capacity of less than 

17 5,000 cubic meters. 

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

19 1, 2012, for vessels constructed on or after that 

20 date with a ballast water capacity of 5,000 

21 cubic meters or more. 

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

23 1, 2014, for vessels constructed before January 

24 1, 2009, with a ballast water capacity of 1,500
22

•S 2490 IS 

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

2 cubic meters. 

3 ‘‘(D) FOURTH PHASE.—Beginning Janu4 ary 1, 2016, for vessels constructed—

5 ‘‘(i) before January 1, 2009, with a 

6 ballast water capacity of less than 1,500 

7 cubic meters or 5,000 cubic meters or 

8 more; or 

9 ‘‘(ii) on or after January 1, 2009, and 

10 before January 1, 2012, with a ballast 

11 water capacity of 5,000 cubic meters or 

12 more. 

13 ‘‘(4) REVIEW OF STANDARDS.—

14 ‘‘(A) IN GENERAL.—In December, 2012, 

15 and in every third year thereafter, the Secretary 

16 shall review the treatment standards established 

17 in paragraph (1) of this subsection to deter18 mine, in consultation with the Administrator of 

19 the National Oceanic and Atmospheric Admin20 istration and the Administrator of the Environ21 mental Protection Agency, if the standards 

22 should be revised to reduce the amount of orga23 nisms or microbes allowed to be discharged 

24 using the best available technology economically 
23

•S 2490 IS 

1 available. The Secretary shall revise such stand2 ards as necessary by regulation. 

3 ‘‘(B) APPLICATION OF ADJUSTED STAND4 ARDS.—In the regulations, the Secretary shall 

5 provide for the prospective application of the 

6 adjusted standards prescribed under this para7 graph to vessels constructed after the date on 

8 which the adjusted standards apply and for an 

9 orderly phase-in of the adjusted standards to 

10 existing vessels. 

11 ‘‘(5) DELAY OF APPLICATION FOR VESSEL PAR12 TICIPATING IN PROMISING TECHNOLOGY EVALUA13 TIONS.— 

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

15 in a program approved by the Secretary to test 

16 and evaluate promising ballast water treatment 

17 technologies with the potential to result in 

18 treatment technologies achieving a standard 

19 that is the same as or more stringent than the 

20 standard that applies under paragraph (1) be21 fore the first date on which paragraph (1) ap22 plies to that vessel, the Secretary may postpone 

23 the date on which paragraph (1) would other24 wise apply to that vessel for not more than 5 

25 years. 
24

•S 2490 IS 

1 ‘‘(B) VESSEL DIVERSITY.—The Sec2 retary—

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

4 variety of vessel types and voyages are in5 cluded in the program; but 

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

7 paragraph to more than 1 percent of the 

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

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

10 ‘‘(C) TERMINATION OF POSTPONEMENT.—

11 The Secretary may terminate the 5-year post12 ponement period if participation of the vessel in 

13 the program is terminated without the consent 

14 of the Secretary. 

15 ‘‘(6) FEASIBILITY REVIEW.—

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

17 before the date on which paragraph (1) applies 

18 to vessels under each subparagraph of para19 graph (3), the Secretary shall complete a review 

20 to determine whether appropriate technologies 

21 are available to achieve the standards set forth 

22 in paragraph (1) for the vessels to which they 

23 apply under the schedule set forth in paragraph 

24 (3). 
25

•S 2490 IS 

1 ‘‘(B) DELAY IN SCHEDULED APPLICA2 TION.—If the Secretary determines, on the 

3 basis of the review conducted under subpara4 graph (A), that compliance with the standards 

5 set forth in paragraph (1) in accordance with 

6 the schedule set forth in any subparagraph of 

7 paragraph (3) is not feasible, the Secretary 

8 shall—

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

10 subparagraph first applies to vessels for a 

11 period of not more than 36 months; and 

12 ‘‘(ii) recommend action to ensure that 

13 compliance with the extended date schedule 

14 for that subparagraph is achieved. 

15 ‘‘(7) TREATMENT SYSTEM APPROVAL RE16 QUIRED.—The operator of a vessel may not use a 

17 ballast water treatment system to comply with the 

18 requirements of this subsection unless the system is 

19 approved by the Secretary. The Secretary shall pro20 mulgate regulations establishing a process for such 

21 approval. 

22 ‘‘(g) WARNINGS CONCERNING BALLAST WATER UP23 TAKE.—

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

25 mariners of any area in waters subject to the juris-
26

•S 2490 IS 

1 diction of the United States in which vessels should 

2 not uptake ballast water due to known conditions. 

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

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

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

6 areas for the uptake of ballast water. 

7 ‘‘(h) SEDIMENT MANAGEMENT.—

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

9 which this section applies may not remove or dispose 

10 of sediment from spaces designed to carry ballast 

11 water except in accordance with this subsection and 

12 the ballast water management plan required under 

13 subsection (c). 

14 ‘‘(2) DESIGN REQUIREMENTS.— 

15 ‘‘(A) NEW VESSELS.—No person may re16 move and dispose of such sediment from a ves17 sel to which this section applies in waters sub18 ject to the jurisdiction of the United States that 

19 is constructed on or after January 1, 2009, un20 less the vessel is designed and constructed in a 

21 manner that—

22 ‘‘(i) minimizes the uptake and entrap23 ment of sediment; 

24 ‘‘(ii) facilitates removal of sediment; 

25 and
27

•S 2490 IS 

1 ‘‘(iii) provides for safe access for sedi2 ment removal and sampling. 

3 ‘‘(B) EXISTING VESSELS.—The operator of 

4 a vessel to which this section applies that was 

5 constructed before January 1, 2009, may not 

6 remove and dispose of such sediment in waters 

7 subject to the jurisdiction of the United States 

8 unless—

9 ‘‘(i) the vessel has been modified, to 

10 the extent practicable and in accordance 

11 with regulations promulgated by the Sec12 retary, to achieve the objectives described 

13 in clauses (i), (ii), and (iii) of subpara14 graph (A); or 

15 ‘‘(ii) the removal and disposal of the 

16 sediment is conducted in such a manner as 

17 to achieve those objectives to the greatest 

18 extent practicable and in accordance with 

19 those regulations. 

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

21 promulgate regulations establishing design and 

22 construction standards to achieve the objectives 

23 of subparagraph (A) and providing guidance for 

24 modifications and practices under subparagraph 

25 (B). The Secretary shall incorporate the stand-
28

•S 2490 IS 

1 ards and guidance in the regulations governing 

2 the ballast water management plan. 

3 ‘‘(3) SEDIMENT RECEPTION FACILITIES.—

4 ‘‘(A) STANDARDS.—The Administrator of 

5 the Environmental Protection Agency in con6 sultation with the Secretary, shall promulgate 

7 regulations governing facilities for the reception 

8 of vessel sediment from spaces designed to 

9 carry ballast water that provide for the disposal 

10 of such sediment in a way that does not impair 

11 or damage the environment, human health, or 

12 property or resources of the disposal area. The 

13 Administrator may not prescribe standards 

14 under this subparagraph that are less stringent 

15 than any otherwise applicable Federal, State, or 

16 local law requirements. 

17 ‘‘(B) DESIGNATION.—The Secretary shall 

18 designate facilities for the reception of vessel 

19 sediment that meet the requirements of the reg20 ulations promulgated under subparagraph (A) 

21 at ports and terminals where ballast tanks are 

22 cleaned or repaired. 

23 ‘‘(i) EXAMINATIONS AND CERTIFICATIONS.— 

24 ‘‘(1) INITIAL EXAMINATION.—
29

•S 2490 IS 

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

2 examine vessels to which this section applies to 

3 determine whether—

4 ‘‘(i) there is a ballast water manage5 ment plan for the vessel; and 

6 ‘‘(ii) the equipment used for ballast 

7 water and sediment management in ac8 cordance with the requirements of this sec9 tion and the regulations promulgated here10 under is installed and functioning properly. 

11 ‘‘(B) NEW VESSELS.—For vessels con12 structed on or after January 1, 2009, the Sec13 retary shall conduct the examination required 

14 by subparagraph (A) before the vessel is placed 

15 in service. 

16 ‘‘(C) EXISTING VESSELS.—For vessels con17 structed before January 1, 2009, the Secretary 

18 shall—

19 ‘‘(i) conduct the examination required 

20 by subparagraph (A) before the date on 

21 which subsection (f)(1) applies to the ves22 sel according to the schedule in subsection 

23 (f)(3); and 

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

25 record book required by subsection (d). 
30

•S 2490 IS 

1 ‘‘(2) SUBSEQUENT EXAMINATIONS.—The Sec2 retary shall examine vessels no less frequently than 

3 once each year to ensure vessel compliance with the 

4 requirements of this section. 

5 ‘‘(3) INSPECTION AUTHORITY.—In order to 

6 carry out the provisions of this section, the Sec7 retary may take ballast water samples at any time 

8 on any vessel to which this section applies to ensure 

9 its compliance with this Act. 

10 ‘‘(4) REQUIRED CERTIFICATE.—

11 ‘‘(A) IN GENERAL.—If, on the basis of an 

12 initial examination under paragraph (1) the 

13 Secretary finds that a vessel complies with the 

14 requirements of this section and the regulations 

15 promulgated hereunder, the Secretary shall 

16 issue a certificate under this paragraph as evi17 dence of such compliance. The certificate shall 

18 be valid for a period of not more than 5 years, 

19 as specified by the Secretary. The certificate or 

20 a true copy shall be maintained on board the 

21 vessel. 

22 ‘‘(B) FOREIGN CERTIFICATES.—The Sec23 retary may treat a certificate issued by a for24 eign government as a certificate issued under 

25 subparagraph (A) if the Secretary determines
31

•S 2490 IS 

1 that the standards used by the issuing govern2 ment are equivalent to or more stringent than 

3 the standards used by the Secretary under sub4 paragraph (A). 

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

6 Secretary finds, on the basis of an examination 

7 under paragraph (1) or (2), sampling under para8 graph (3), or any other information, that a vessel is 

9 being operated in violation of the requirements of 

10 this section and the regulations promulgated here11 under, the Secretary shall—

12 ‘‘(A) notify—

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

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

15 vessel’s next port of call; and 

16 ‘‘(B) take such other action as may be ap17 propriate. 

18 ‘‘(j) DETENTION OF VESSELS.—

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

20 the owner, charterer, managing operator, agent, 

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

22 may detain that vessel if the Secretary has reason23 able cause to believe that—

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

25 section applies; 
32

•S 2490 IS 

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

2 requirements of this section or of the regula3 tions issued hereunder or is being operated in 

4 violation of such requirements; and 

5 ‘‘(C) the vessel is about to leave a place in 

6 the United States. 

7 ‘‘(2) CLEARANCE.— 

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

9 under paragraph (1) may obtain clearance 

10 under section 4197 of the Revised Statutes (46 

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

12 it was detained has been corrected. 

13 ‘‘(B) WITHDRAWAL.—If the Secretary 

14 finds that a vessel detained under paragraph 

15 (1) has received a clearance under section 4197 

16 of the Revised Statutes (46 U.S.C. App. 91) be17 fore it was detained under paragraph (1), the 

18 Secretary shall request the Secretary of the 

19 Treasury to withdraw the clearance. Upon re20 quest of the Secretary, the Secretary of the 

21 Treasury shall withhold or revoke the clearance. 

22 ‘‘(k) SANCTIONS.— 

23 ‘‘(1) CIVIL PENALTIES.—Any person who vio24 lates a regulation promulgated under this section 

25 shall be liable for a civil penalty in an amount not 
33

•S 2490 IS 

1 to exceed $25,000. Each day of a continuing viola2 tion constitutes a separate violation. A vessel oper3 ated in violation of the regulations is liable in rem 

4 for any civil penalty assessed under this subsection 

5 for that violation. 

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

7 knowingly violates the regulations promulgated 

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

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

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

11 Secretary, the Secretary of the Treasury shall with12 hold or revoke the clearance of a vessel required by 

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

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

15 in violation of the regulations issued under this sec16 tion. 

17 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub18 section does not apply to a failure to exchange bal19 last water if— 

20 ‘‘(A) the master of a vessel, acting in good 

21 faith, decides that the exchange of ballast water 

22 will threaten the safety or stability of the vessel, 

23 its crew, or its passengers; and 

24 ‘‘(B) the recordkeeping and reporting re25 quirements of the Act are complied with. 
34

•S 2490 IS 

1 ‘‘(l) CONSULTATION WITH CANADA, MEXICO, AND

2 OTHER FOREIGN GOVERNMENTS.—In developing the 

3 guidelines issued and regulations promulgated under this 

4 section, the Secretary is encouraged to consult with the 

5 Government of Canada, the Government of Mexico, and 

6 any other government of a foreign country that the Sec7 retary, in consultation with the Task Force, determines 

8 to be necessary to develop and implement an effective 

9 international program for preventing the unintentional in10 troduction and spread of nonindigenous species. 

11 ‘‘(m) INTERNATIONAL COOPERATION.—The Sec12 retary, in cooperation with the International Maritime Or13 ganization of the United Nations and the Commission on 

14 Environmental Cooperation established pursuant to the 

15 North American Free Trade Agreement, is encouraged to 

16 enter into negotiations with the governments of foreign 

17 countries to develop and implement an effective inter18 national program for preventing the unintentional intro19 duction and spread of nonindigenous species. The Sec20 retary is particularly encouraged to seek bilateral or multi21 lateral agreements with Canada, Mexico, and other na22 tions in the Wider Caribbean (as defined in the Conven23 tion for the Protection and Development of the Marine 

24 Environment of the Wider Caribbean (Cartagena Conven25 tion) under this section.
35

•S 2490 IS 

1 ‘‘(n) NON-DISCRIMINATION.—The Secretary shall en2 sure that vessels registered outside of the United States 

3 do not receive more favorable treatment than vessels reg4 istered in the United States when the Secretary performs 

5 studies, reviews compliance, determines effectiveness, es6 tablishes requirements, or performs any other responsibil7 ities under this Act. 

8 ‘‘(o) SUPPORT FOR FEDERAL BALLAST WATER DEM9 ONSTRATION PROJECT.—In addition to amounts other10 wise available to the Maritime Administration, the Na11 tional Oceanographic and Atmospheric Administration, 

12 and the United States Fish and Wildlife Service for the 

13 Federal Ballast Water Demonstration Project, the Sec14 retary shall provide support for the conduct and expansion 

15 of the project, including grants for research and develop16 ment of innovative technologies for the management, 

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

18 ballast water exchange, and for other vessel vectors of 

19 invasive aquatic species such as hull fouling. There are 

20 authorized to be appropriated to the Secretary 

21 $25,000,000 for each fiscal year to carry out this sub22 section. 

23 ‘‘(p) CONSULTATION WITH TASK FORCE.—The Sec24 retary shall consult with the Task Force in carrying out 

25 this section. 
36

•S 2490 IS 

1 ‘‘(q) PREEMPTION.—Notwithstanding any other pro2 vision of law, the provisions of subsections (e) and (f) 

3 (other than subsection (f)(2)) supersede any provision of 

4 State or local law determined by the Secretary to be incon5 sistent with the requirements of that subsection or to con6 flict with the requirements of that subsection. 

7 ‘‘(r) REGULATIONS.—The Secretary may issue such 

8 regulations as may be necessary to carry out this section 

9 and the terms defined in section 1003 that are used in 

10 this section.’’. 

11 (b) DEFINITIONS.—Section 1003 of the Nonindige12 nous Aquatic Nuisance Prevention and Control Act of 

13 1990 (16 U.S.C. 4702) is amended—

14 (1) by redesignating—

15 (A) paragraphs (1), (2), and (3) as para16 graphs (2), (3), and (4), respectively; 

17 (B) paragraphs (4), (5), (6), (7), and (8) 

18 as paragraphs (8), (9), (10), (11), and (12), re19 spectively; 

20 (C) paragraphs (9) and (10) as paragraphs 

21 (14) and (15) respectively; 

22 (D) paragraphs (11) and (12) as para23 graphs (17) and (18), respectively; 

24 (E) paragraphs (13), (14), and (15) as 

25 paragraphs (20), (21), and (22), respectively; 
37

•S 2490 IS 

1 (F) paragraph (16) as paragraph (26); and 

2 (G) paragraph (17) as paragraph (23) and 

3 inserting it after paragraph (22), as redesig4 nated; 

5 (2) by inserting before paragraph (2), as redes6 ignated, the following: 

7 ‘‘(1) ‘adverse impact’ means the direct or indi8 rect result or consequence of an event or process 

9 that—

10 ‘‘(A) creates a hazard to the environment, 

11 human health, property, or a natural resource; 

12 ‘‘(B) impairs biological diversity; or 

13 ‘‘(C) interferes with the legitimate use of 

14 waters subject to the jurisdiction of the United 

15 States;’’; 

16 (3) by striking paragraph (4), as redesignated, 

17 and inserting the following: 

18 ‘‘(4) ‘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; but 

23 ‘‘(B) does not include potable or technical 

24 water that does not contain harmful aquatic or25 ganisms or pathenogens that is taken on board 
38

•S 2490 IS 

1 a vessel and used for a purpose described in 

2 subparagraph (A) if such potable or technical 

3 water is discharged in compliance with section 

4 312 of the Clean Water Act (33 U.S.C. 

5 1322);’’; 

6 (4) by inserting after paragraph (4) the fol7 lowing: 

8 ‘‘(5) ‘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 ‘‘(6) ‘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 harmful aquatic organisms and pathogens within 

19 ballast water and sediment; 

20 ‘‘(7) ‘constructed’ means a state of construction 

21 of a vessel at which—

22 ‘‘(A) the keel is laid; 

23 ‘‘(B) construction identifiable with the spe24 cific vessel begins;
39

•S 2490 IS 

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 (5) by inserting after paragraph (12), as redes8 ignated, the following: 

9 ‘‘(13) ‘harmful aquatic organisms and patho10 gens’ means aquatic organisms or pathogens that 

11 have been determined by the Secretary, after con12 sultation with the Administrator of the National 

13 Oceanographic and Atmospheric Administration and 

14 the Administrator of the Environmental Protection 

15 Agency, to cause an adverse impact if introduced 

16 into the waters subject to the jurisdiction of the 

17 United States;’’; 

18 (6) by inserting after paragraph (15), as redes19 ignated, the following: 

20 ‘‘(16) ‘major conversion’ means a conversion of 

21 a vessel, that—

22 ‘‘(A) changes its ballast water carrying ca23 pacity by at least 15 percent; 

24 ‘‘(B) changes the vessel class; 
40

•S 2490 IS 

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

2 by at least 10 years (as determined by the Sec3 retary); or 

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

5 ballast water system, except—

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

7 or 

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

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

10 (7) by inserting after paragraph (18), as redes11 ignated, the following: 

12 ‘‘(19) ‘sediment’ means matter that has settled 

13 out of ballast water within a vessel;’’; 

14 (8) by inserting after paragraph (23), as redes15 ignated, the following: 

16 ‘‘(24) ‘United States port’ means a port, river, 

17 harbor, or offshore terminal under the jurisdiction of 

18 the United States, including ports located in Puerto 

19 Rico, Guam, the Northern Marianas, and the United 

20 States Virgin Islands; 

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

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

23 Department of Defense, other than a time or 

24 voyage chartered vessel; and 
41

•S 2490 IS 

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

2 Department of Homeland Security that is des3 ignated by the Secretary of the department in 

4 which the Coast Guard is operating as a vessel 

5 equivalent to a vessel described in subparagraph 

6 (A);’’; and 

7 (9) by inserting after paragraph (26), as redes8 ignated, the following: 

9 ‘‘(27) ‘waters subject to the jurisdiction of the 

10 United States’ means navigable waters and the terri11 torial sea of the United States, the exclusive eco12 nomic zone, and the Great Lakes.’’. 

13 (c) GREAT LAKES REGULATIONS.—Until vessels de14 scribed in section 1101(e)(2) of the Nonindigenous Aquat15 ic Nuisance Prevention and Control Act of 1990 (16 

16 U.S.C. 4711(e)(2)), as amended by this Act, are required 

17 to conduct ballast water treatment in accordance with the 

18 requirements of section 1101(f) of that Act (16 U.S.C. 

19 1101(f)), as amended by this Act, the regulations promul20 gated by the Secretary of Transportation under section 

21 1101 of the Nonindigenous Aquatic Nuisance Prevention 

22 and Control Act of 1990 (16 U.S.C. 4711), as such regu23 lations were in effect on the day before the date of enact24 ment of this Act, shall remain in full force and effect for, 

25 and shall continue to apply to, such vessels. 
42

•S 2490 IS 

1 SEC. 4. COAST GUARD REPORT ON OTHER VESSEL-RE2 LATED VECTORS OF INVASIVE SPECIES. 

3 (a) IN GENERAL.—Within 90 days after the date of 

4 enactment of this Act, the Commandant of the Coast 

5 Guard shall transmit a report to the Senate Committee 

6 on Commerce, Science, and Transportation and the House 

7 of Representatives Committee on Transportation and In8 frastructure on vessel-related vectors of harmful aquatic 

9 organisms and pathogens other than ballast water and 

10 sediment, including vessel hulls and equipment, and from 

11 vessels equipped with ballast tanks that carry no ballast 

12 water on board. 

13 (b) BEST PRACTICES.—As soon as practicable, the 

14 Coast Guard shall develop best practices standards and 

15 procedures designed to reduce the introduction of invasive 

16 species into and within the United States from vessels and 

17 establish a timeframe for implementation of those stand18 ards and procedures by vessels, in addition to the manda19 tory requirements set forth in section 1101 for ballast 

20 water. Such standards and procedures should include des21 ignation of geographical locations for uptake and/or dis22 charge of untreated ballast water, as well as standards and 

23 procedures for other vessel vectors of invasive aquatic spe24 cies. The Commandant shall transmit a report to the Com25 mittees describing the standards and procedures developed 

26 and the implementation timeframe, together with any rec-
43

•S 2490 IS 

1 ommendations, including legislative recommendations if 

2 appropriate, the Commandant deems appropriate. The 

3 Secretary of the department in which the Coast Guard is 

4 operating may promulgate regulations to incorporate and 

5 enforce standards and procedures developed under this 

6 subsection.

Æ