II 

109TH CONGRESS 

1ST SESSION S. 363

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 

FEBRUARY 10, 2005

Mr. INOUYE (for himself, Mr. STEVENS, Mr. AKAKA, and Mr. LAUTENBERG) 

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 2005’’. 

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 
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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. 
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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 species may also be introduced by 

5 other vessel conduits, including the hulls of ships. 

6 (10) Invasive aquatic species may originate in 

7 other countries, or from distinct regions in the 

8 United States. 

9 (11) An average of 72 percent of all fish species 

10 introduced in the Southeast have become estab11 lished, many of which are native to the United 

12 States but transplanted outside their native ranges. 

13 (12) The introduction of non-indigenous species 

14 has been closely correlated with the disappearance of 

15 indigenous species in Hawaii and other islands. 

16 (13) Despite the efforts of more than 20 State, 

17 Federal, and private agencies, unwanted alien pests 

18 are entering Hawaii at an alarming rate—about 2 

19 million times more rapid than the natural rate. 

20 (14) Current Federal programs are insufficient 

21 to effectively address this growing problem. 

22 (15) Preventing aquatic invasive species from 

23 being introduced is the most cost-effective approach 

24 for addressing this issue, because once established, 

25 they are costly and sometimes impossible to control. 
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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—

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

15 port; or 

16 ‘‘(ii) has departed from a United 

17 States port and is within the exclusive eco18 nomic zone. 

19 ‘‘(2) EXCEPTIONS.—Notwithstanding para20 graph (1), this section does not apply to—

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

22 tank on a vessel that is not subject to dis23 charge; 

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

25 ‘‘(C) a vessel, or category of vessels, ex26 empted by the Secretary under paragraph (4). 
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1 ‘‘(3) STANDARDS FOR VESSELS OF THE ARMED

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

3 Forces that is designed or constructed to carry bal4 last water, the Secretary of Defense, after consulta5 tion with the Administrator of the Environmental 

6 Protection Agency and the Secretary, shall promul7 gate ballast water and sediment management stand8 ards for such vessels that, so far as is reasonable 

9 and practicable, achieve environmental results that 

10 are comparable to those achieved by the require11 ments of this section in waters subject to the juris12 diction of the United States. In promulgating those 

13 standards, the Secretary of Defense may take into 

14 account the standards promulgated for such vessels 

15 under section 312 of the Clean Water Act (33 

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

17 those standards would meet the requirements of this 

18 Act. 

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

20 The Secretary may exempt a vessel, or category of 

21 vessels, from the application of this section if the 

22 Secretary determines, after consultation with the 

23 Administrator of the Environmental Protection 

24 Agency and the Administrator of the National Oce25 anic and Atmospheric Administration, that ballast 
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1 water discharge from the vessel or category of ves2 sels will not have an adverse impact (as defined in 

3 section 1003(1) of this Act), based on factors includ4 ing the origin and destination of the voyages under5 taken by such vessel or category of vessels. 

6 ‘‘(5) COAST GUARD ASSESSMENT AND RE7 PORT.—Within 180 days after the date of enactment 

8 of the Ballast Water Management Act of 2005, the 

9 Commandant of the Coast Guard shall transmit a 

10 report to the Senate Committee on Commerce, 

11 Science, and Transportation and the House of Rep12 resentatives Committee on Transportation and In13 frastructure containing—

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

15 ballast water operations from vessels designed 

16 or constructed to carry ballast water that are 

17 not described in paragraph (1) that are 

18 transiting waters subject to the jurisdiction of 

19 the United States; and 

20 ‘‘(B) recommendations, including legisla21 tive recommendations if appropriate, of options 

22 for addressing such ballast water operations. 

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

24 AND SEDIMENT.—
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1 ‘‘(1) PROHIBITION.—The operator of a vessel to 

2 which this section applies may not conduct the up3 take or discharge of ballast water and sediment ex4 cept as provided in this section. 

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

6 apply to the uptake or discharge of ballast water 

7 and sediment in the following circumstances: 

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

9 the purpose of—

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

11 emergency situation; or 

12 ‘‘(ii) saving a life at sea. 

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

14 and the result of damage to the vessel or its 

15 equipment and—

16 ‘‘(i) all reasonable precautions to pre17 vent or minimize ballast water and sedi18 ment discharge have been taken before and 

19 after the damage occurs, the discovery of 

20 the damage, and the discharge; and 

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

22 the vessel did not willfully or recklessly 

23 cause the damage. 
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1 ‘‘(C) The uptake or discharge is solely for 

2 the purpose of avoiding or minimizing the dis3 charge of pollution from the vessel. 

4 ‘‘(D) The uptake and subsequent discharge 

5 on the high seas of the same ballast water and 

6 sediment. 

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

8 water and sediment occurs at the same location 

9 where the whole of the ballast water and sedi10 ment that is discharged was taken up and there 

11 is no mixing with unmanaged ballast water and 

12 sediment from another area. 

13 ‘‘(3) SPECIAL RULE FOR THE GREAT LAKES.—

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

15 the regulations under subsection (e)(2) until the ves16 sel is required to conduct ballast water treatment in 

17 accordance with subsection (f) of this section. 

18 ‘‘(c) VESSEL BALLAST WATER MANAGEMENT

19 PLAN.— 

20 ‘‘(1) IN GENERAL.—A vessel to which this sec21 tion applies shall conduct all its ballast water man22 agement operations in accordance with a ballast 

23 water management plan 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.—The Secretary may 

3 not approve a ballast water management plan unless 

4 the Secretary determines that the plan—

5 ‘‘(A) describes in detail safety procedures 

6 for the vessel and crew associated with ballast 

7 water management; 

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

9 taken to implement the ballast water manage10 ment requirements established under this sec11 tion; 

12 ‘‘(C) describes in detail procedures for dis13 posal of sediment at sea and on shore; 

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

15 vessel in charge of ensuring that the plan is 

16 properly implemented; 

17 ‘‘(E) contains the reporting requirements 

18 for vessels established under this section; and 

19 ‘‘(F) meets all other requirements pre20 scribed by the Secretary. 

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

22 owner or operator of a vessel to which this section 

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

24 water management plan on board at all times. 

25 ‘‘(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 on board the vessel in 

4 which—

5 ‘‘(A) each operation involving ballast water 

6 is fully recorded without delay, in accordance 

7 with regulations promulgated by the Secretary; 

8 and 

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

10 detail, including the location and circumstances 

11 of, and the reason for, the operation. 

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

13 book—

14 ‘‘(A) shall be kept readily available for ex15 amination by the Secretary at all reasonable 

16 times; and 

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

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

19 unmanned vessel under tow. 

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

21 record book shall be retained—

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

23 years after the date on which the last entry in 

24 the book is made; and
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1 ‘‘(B) under the control of the vessel’s 

2 owner for an additional period of 3 years. 

3 ‘‘(4) REGULATIONS.—In the regulations pre4 scribed under this section, the Secretary shall re5 quire, at a minimum, that—

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

7 book be signed and dated by the officer in 

8 charge of the ballast water operation recorded; 

9 and 

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

11 water record book be signed and dated by the 

12 master of the vessel. 

13 ‘‘(5) ALTERNATIVE MEANS OF RECORD14 KEEPING.—The Secretary may provide by regulation 

15 for alternative methods of recordkeeping, including 

16 electronic recordkeeping, to comply with the require17 ments of this subsection. 

18 ‘‘(e) BALLAST WATER EXCHANGE REQUIRE19 MENTS.— 

20 ‘‘(1) IN GENERAL.—Until a vessel conducts bal21 last water treatment in accordance with the require22 ments of subsection (f) of this section, the operator 

23 of a vessel to which this section applies may not con24 duct the uptake or discharge of ballast water unless 

25 the operator conducts ballast water exchange, in ac-
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1 cordance with regulations prescribed by the Sec2 retary, in a manner that results in an efficiency of 

3 at least 95 percent volumetric exchange of the bal4 last water for each ballast water tank. 

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

6 GREAT LAKES.—

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

8 other provision of this subsection, under regula9 tions prescribed by the Secretary to prevent the 

10 introduction and spread of aquatic nuisance 

11 species into the Great Lakes through the ballast 

12 water of vessels, operators of vessels equipped 

13 with ballast water tanks that enter a United 

14 States port on the Great Lakes after operating 

15 on the waters beyond the exclusive economic 

16 zone shall—

17 ‘‘(i) carry out exchange of ballast 

18 water on the waters beyond the exclusive 

19 economic zone prior to entry into any port 

20 within the Great Lakes; or 

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

22 water in other waters where the exchange 

23 does not pose a threat of infestation or 

24 spread of aquatic nuisance species in the 

25 Great Lakes and other waters of the 
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1 United States, as recommended by the 

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

3 ‘‘(B) ADDITIONAL MATTERS COVERED BY

4 THE REGULATIONS.—The regulations shall—

5 ‘‘(i) not affect or supersede any re6 quirements or prohibitions pertaining to 

7 the discharge of ballast water into waters 

8 of the United States under the Federal 

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

10 1251 et seq.); 

11 ‘‘(ii) provide for sampling procedures 

12 to monitor compliance with the require13 ments of the regulations; 

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

15 in the Great Lakes if the master of the 

16 vessel has not certified to the Secretary or 

17 the Secretary’s designee by not later than 

18 the departure of that vessel from the first 

19 lock in the St. Lawrence Seaway that the 

20 vessel has complied with the requirements 

21 of the regulations; 

22 ‘‘(iv) protect the safety of—

23 ‘‘(I) each vessel; and 

24 ‘‘(II) the crew and passengers of 

25 each vessel; 
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1 ‘‘(v) take into consideration different 

2 operating conditions; and 

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

4 information available. 

5 ‘‘(C) HUDSON RIVER PORT.—The regula6 tions under this paragraph also apply to vessels 

7 that enter a United States port on the Hudson 

8 River north of the George Washington Bridge. 

9 ‘‘(D) EDUCATION AND TECHNICAL ASSIST10 ANCE PROGRAMS.—The Secretary may carry 

11 out education and technical assistance pro12 grams and other measures to promote compli13 ance with the regulations issued under this 

14 paragraph. 

15 ‘‘(3) EXCHANGE AREAS.— 

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

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

18 of a vessel to which this section applies shall 

19 conduct ballast water exchange in accordance 

20 with regulations prescribed by the Secretary—

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

22 the nearest land; and 

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

24 depth. 

25 ‘‘(B) MINIMUM DISTANCE AND DEPTH.—
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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in subparagraph (C), if the operator 

3 of a vessel is unable to conduct ballast 

4 water exchange in accordance with sub5 paragraph (A), the ballast water exchange 

6 shall be conducted in water that is—

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

8 ‘‘(II) at least 50 nautical miles 

9 from land; and 

10 ‘‘(III) in water of at least 200 

11 meters in depth. 

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

13 vessel may not conduct ballast water ex14 change in accordance with clause (i) in any 

15 area with respect to which the Secretary 

16 has determined, after consultation with the 

17 Administrators of the Environmental Pro18 tection Agency and the National Oceanic 

19 and Atmospheric Administration, that bal20 last water exchange in the area will have 

21 an adverse impact, notwithstanding the 

22 fact that the area meets the distance and 

23 depth criteria of clause (i). 

24 ‘‘(C) EXCHANGE IN DESIGNATED AREA.—
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1 ‘‘(i) IN GENERAL.—If the operator of 

2 a vessel is unable to conduct ballast water 

3 exchange in accordance with subparagraph 

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

5 ballast water exchange in an area that 

6 does not meet the distance and depth cri7 teria of subparagraph (B) in such areas as 

8 may be designated by the Administrator of 

9 the National Oceanic and Atmospheric Ad10 ministration, determined in consultation 

11 with the Secretary and the Administrator 

12 of the Environmental Protection Agency, 

13 for that purpose. 

14 ‘‘(ii) CHARTING.—The Administrator 

15 of the National Oceanic and Atmospheric 

16 Administration, in consultation with the 

17 Secretary, shall designate such areas on 

18 nautical charts. 

19 ‘‘(iii) LIMITATION.—The Adminis20 trator may not designate an area under 

21 clause (i) if a ballast water exchange in 

22 that area could have an adverse impact, as 

23 determined by the Secretary in consulta24 tion with the Administrator of the Envi25 ronmental Protection Agency. 
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1 ‘‘(D) SAFETY OR STABILITY EXCEPTION.—

2 ‘‘(i) IN GENERAL.—Subparagraphs 

3 (A), (B), and (C) do not apply to the dis4 charge or uptake of ballast water if the 

5 master of a vessel determines that compli6 ance with subparagraph (A), (B), or (C), 

7 whichever applies, would threaten the safe8 ty or stability of the vessel, its crew, or its 

9 passengers because of adverse weather, 

10 ship design or stress, equipment failure, or 

11 any other relevant condition. 

12 ‘‘(ii) NOTIFICATION REQUIRED.—

13 Whenever the master of a vessel conducts 

14 a ballast water discharge or uptake under 

15 the exception described in clause (i), the 

16 master of the vessel shall notify the Sec17 retary as soon as practicable thereafter but 

18 no later than 24 hours after the ballast 

19 water discharge or uptake commenced. 

20 ‘‘(iii) LIMITATION ON VOLUME.—The 

21 volume of any ballast water taken up or 

22 discharged under the exception described 

23 in clause (i) may not exceed the volume 

24 necessary to ensure the safe operation of 

25 the vessel. 
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1 ‘‘(iv) REVIEW OF CIRCUMSTANCES.—

2 If the master of a vessel conducts a ballast 

3 water discharge or uptake under the excep4 tion described in clause (i) on more than 2 

5 out of 6 sequential voyages, the Secretary 

6 shall review the circumstances to determine 

7 whether those ballast water discharges or 

8 uptakes met the requirements of this sub9 paragraph. The review under this clause 

10 shall be in addition to any other enforce11 ment activity by the Secretary. 

12 ‘‘(E) INABILITY TO COMPLY WITH EX13 CHANGE AREA REQUIREMENTS.—

14 ‘‘(i) DEVIATION OR DELAY OF VOY15 AGE.—In determining the ability of the op16 erator of a vessel to conduct ballast water 

17 exchange in accordance with the require18 ments of subparagraph (A) or (B), a vessel 

19 is not required to deviate from its intended 

20 voyage or unduly delay its voyage to com21 ply with those requirements. 

22 ‘‘(ii) PARTIAL COMPLIANCE.—An op23 erator of a vessel that is unable to comply 

24 fully with the requirements of subpara25 graph (A) or (B), shall conduct ballast 
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1 water exchange to the maximum extent 

2 feasible in compliance with those subpara3 graphs. 

4 ‘‘(F) SPECIAL RULE FOR THE GREAT

5 LAKES.—This paragraph does not apply to ves6 sels subject to the regulations under paragraph 

7 (2). 

8 ‘‘(f) BALLAST WATER TREATMENT REQUIRE9 MENTS.— 

10 ‘‘(1) IN GENERAL.—Subject to the implementa11 tion schedule in paragraph (3), before discharging 

12 ballast water in waters subject to the jurisdiction of 

13 the United States a vessel to which this section ap14 plies shall conduct ballast water treatment so that 

15 the ballast water discharged will contain—

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

17 cubic meter that are 50 or more micrometers in 

18 minimum dimension; 

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

20 milliliter that are less than 50 micrometers in 

21 minimum dimension and more than 10 microm22 eters in minimum dimension; 

23 ‘‘(C) concentrations of indicator microbes 

24 that are less than—
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1 ‘‘(i) 1 colony-forming unit of 

2 Toxicogenic vibrio cholera (O1 and O139) 

3 per 100 milliliters, or less than 1 colony4 forming unit of that microbe per gram of 

5 wet weight of zoological samples; 

6 ‘‘(ii) 126 colony-forming units of 

7 escherichi coli per 100 milliliters; and 

8 ‘‘(iii) 33 colony-forming units of intes9 tinal enterococci per 100 milliliters; and 

10 ‘‘(D) concentrations of such indicator mi11 crobes as may be specified in regulations pro12 mulgated by the Secretary that are less than 

13 the amount specified in those regulations. 

14 ‘‘(2) RECEPTION FACILITY EXCEPTION.—Para15 graph (1) does not apply to a vessel that discharges 

16 ballast water into a reception facility that meets 

17 standards prescribed by the Secretary, in consulta18 tion with the Administrator of the Environmental 

19 Protection Agency, for the reception of ballast water 

20 that provide for the reception of ballast water and 

21 its disposal or treatment in a way that does not im22 pair or damage the environment, human health, 

23 property, or resources. The Secretary may not pre24 scribe such standards that are less stringent than 
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1 any otherwise applicable Federal, State, or local law 

2 requirements. 

3 ‘‘(3) IMPLEMENTATION SCHEDULE.—Para4 graph (1) applies to vessels in accordance with the 

5 following schedule: 

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

7 1, 2009, for vessels constructed on or after that 

8 date with a ballast water capacity of less than 

9 5,000 cubic meters. 

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

11 1, 2012, for vessels constructed on or after that 

12 date with a ballast water capacity of 5,000 

13 cubic meters or more. 

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

15 1, 2014, for vessels constructed before January 

16 1, 2009, with a ballast water capacity of 1,500 

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

18 cubic meters. 

19 ‘‘(D) FOURTH PHASE.—Beginning Janu20 ary 1, 2016, for vessels constructed—

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

22 ballast water capacity of less than 1,500 

23 cubic meters or 5,000 cubic meters or 

24 more; or
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1 ‘‘(ii) on or after January 1, 2009, and 

2 before January 1, 2012, with a ballast 

3 water capacity of 5,000 cubic meters or 

4 more. 

5 ‘‘(4) REVIEW OF STANDARDS.—

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

7 and in every third year thereafter, the Secretary 

8 shall review the treatment standards established 

9 in paragraph (1) of this subsection to deter10 mine, in consultation with the Administrator of 

11 the National Oceanic and Atmospheric Admin12 istration and the Administrator of the Environ13 mental Protection Agency, if the standards 

14 should be revised to reduce the amount of orga15 nisms or microbes allowed to be discharged 

16 using the best available technology economically 

17 available. The Secretary shall revise such stand18 ards as necessary by regulation. 

19 ‘‘(B) APPLICATION OF ADJUSTED STAND20 ARDS.—In the regulations, the Secretary shall 

21 provide for the prospective application of the 

22 adjusted standards prescribed under this para23 graph to vessels constructed after the date on 

24 which the adjusted standards apply and for an 
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1 orderly phase-in of the adjusted standards to 

2 existing vessels. 

3 ‘‘(5) DELAY OF APPLICATION FOR VESSEL PAR4 TICIPATING IN PROMISING TECHNOLOGY EVALUA5 TIONS.— 

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

7 in a program approved by the Secretary to test 

8 and evaluate promising ballast water treatment 

9 technologies with the potential to result in 

10 treatment technologies achieving a standard 

11 that is the same as or more stringent than the 

12 standard that applies under paragraph (1) be13 fore the first date on which paragraph (1) ap14 plies to that vessel, the Secretary may postpone 

15 the date on which paragraph (1) would other16 wise apply to that vessel for not more than 5 

17 years. 

18 ‘‘(B) VESSEL DIVERSITY.—The Sec19 retary—

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

21 variety of vessel types and voyages are in22 cluded in the program; but 

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

24 paragraph to more than 1 percent of the 
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1 vessels to which subparagraph (A), (B), 

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

3 ‘‘(C) TERMINATION OF POSTPONEMENT.—

4 The Secretary may terminate the 5-year post5 ponement period if participation of the vessel in 

6 the program is terminated without the consent 

7 of the Secretary. 

8 ‘‘(6) FEASIBILITY REVIEW.—

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

10 before the date on which paragraph (1) applies 

11 to vessels under each subparagraph of para12 graph (3), the Secretary shall complete a review 

13 to determine whether appropriate technologies 

14 are available to achieve the standards set forth 

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

16 apply under the schedule set forth in paragraph 

17 (3). 

18 ‘‘(B) DELAY IN SCHEDULED APPLICA19 TION.—If the Secretary determines, on the 

20 basis of the review conducted under subpara21 graph (A), that compliance with the standards 

22 set forth in paragraph (1) in accordance with 

23 the schedule set forth in any subparagraph of 

24 paragraph (3) is not feasible, the Secretary 

25 shall—
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1 ‘‘(i) extend the date on which that 

2 subparagraph first applies to vessels for a 

3 period of not more than 36 months; and 

4 ‘‘(ii) recommend action to ensure that 

5 compliance with the extended date schedule 

6 for that subparagraph is achieved. 

7 ‘‘(7) TREATMENT SYSTEM APPROVAL RE8 QUIRED.—The operator of a vessel may not use a 

9 ballast water treatment system to comply with the 

10 requirements of this subsection unless the system is 

11 approved by the Secretary. The Secretary shall pro12 mulgate regulations establishing a process for such 

13 approval. 

14 ‘‘(g) WARNINGS CONCERNING BALLAST WATER UP15 TAKE.—

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

17 mariners of any area in waters subject to the juris18 diction of the United States in which vessels should 

19 not uptake ballast water due to known conditions. 

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

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

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

23 areas for the uptake of ballast water. 

24 ‘‘(h) SEDIMENT MANAGEMENT.—
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1 ‘‘(1) IN GENERAL.—The operator of a vessel to 

2 which this section applies may not remove or dispose 

3 of sediment from spaces designed to carry ballast 

4 water except in accordance with this subsection and 

5 the ballast water management plan required under 

6 subsection (c). 

7 ‘‘(2) DESIGN REQUIREMENTS.— 

8 ‘‘(A) NEW VESSELS.—No person may re9 move and dispose of such sediment from a ves10 sel to which this section applies in waters sub11 ject to the jurisdiction of the United States that 

12 is constructed on or after January 1, 2009, un13 less the vessel is designed and constructed in a 

14 manner that—

15 ‘‘(i) minimizes the uptake and entrap16 ment of sediment; 

17 ‘‘(ii) facilitates removal of sediment; 

18 and 

19 ‘‘(iii) provides for safe access for sedi20 ment removal and sampling. 

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

22 a vessel to which this section applies that was 

23 constructed before January 1, 2009, may not 

24 remove and dispose of such sediment in waters 
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1 subject to the jurisdiction of the United States 

2 unless—

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

4 the extent practicable and in accordance 

5 with regulations promulgated by the Sec6 retary, to achieve the objectives described 

7 in clauses (i), (ii), and (iii) of subpara8 graph (A); or 

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

10 sediment is conducted in such a manner as 

11 to achieve those objectives to the greatest 

12 extent practicable and in accordance with 

13 those regulations. 

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

15 promulgate regulations establishing design and 

16 construction standards to achieve the objectives 

17 of subparagraph (A) and providing guidance for 

18 modifications and practices under subparagraph 

19 (B). The Secretary shall incorporate the stand20 ards and guidance in the regulations governing 

21 the ballast water management plan. 

22 ‘‘(3) SEDIMENT RECEPTION FACILITIES.—

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

24 the Environmental Protection Agency in con25 sultation with the Secretary, shall promulgate
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1 regulations governing facilities for the reception 

2 of vessel sediment from spaces designed to 

3 carry ballast water that provide for the disposal 

4 of such sediment in a way that does not impair 

5 or damage the environment, human health, or 

6 property or resources of the disposal area. The 

7 Administrator may not prescribe standards 

8 under this subparagraph that are less stringent 

9 than any otherwise applicable Federal, State, or 

10 local law requirements. 

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

12 designate facilities for the reception of vessel 

13 sediment that meet the requirements of the reg14 ulations promulgated under subparagraph (A) 

15 at ports and terminals where ballast tanks are 

16 cleaned or repaired. 

17 ‘‘(i) EXAMINATIONS AND CERTIFICATIONS.— 

18 ‘‘(1) INITIAL EXAMINATION.—

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

20 examine vessels to which this section applies to 

21 determine whether—

22 ‘‘(i) there is a ballast water manage23 ment plan for the vessel; and 

24 ‘‘(ii) the equipment used for ballast 

25 water and sediment management in ac-
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1 cordance with the requirements of this sec2 tion and the regulations promulgated here3 under is installed and functioning properly. 

4 ‘‘(B) NEW VESSELS.—For vessels con5 structed on or after January 1, 2009, the Sec6 retary shall conduct the examination required 

7 by subparagraph (A) before the vessel is placed 

8 in service. 

9 ‘‘(C) EXISTING VESSELS.—For vessels con10 structed before January 1, 2009, the Secretary 

11 shall—

12 ‘‘(i) conduct the examination required 

13 by subparagraph (A) before the date on 

14 which subsection (f)(1) applies to the ves15 sel according to the schedule in subsection 

16 (f)(3); and 

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

18 record book required by subsection (d). 

19 ‘‘(2) SUBSEQUENT EXAMINATIONS.—The Sec20 retary shall examine vessels no less frequently than 

21 once each year to ensure vessel compliance with the 

22 requirements of this section. 

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

24 carry out the provisions of this section, the Sec25 retary may take ballast water samples at any time 
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1 on any vessel to which this section applies to ensure 

2 its compliance with this Act. 

3 ‘‘(4) REQUIRED CERTIFICATE.—

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

5 initial examination under paragraph (1) the 

6 Secretary finds that a vessel complies with the 

7 requirements of this section and the regulations 

8 promulgated hereunder, the Secretary shall 

9 issue a certificate under this paragraph as evi10 dence of such compliance. The certificate shall 

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

12 as specified by the Secretary. The certificate or 

13 a true copy shall be maintained on board the 

14 vessel. 

15 ‘‘(B) FOREIGN CERTIFICATES.—The Sec16 retary may treat a certificate issued by a for17 eign government as a certificate issued under 

18 subparagraph (A) if the Secretary determines 

19 that the standards used by the issuing govern20 ment are equivalent to or more stringent than 

21 the standards used by the Secretary under sub22 paragraph (A). 

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

24 Secretary finds, on the basis of an examination 

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

2 being operated in violation of the requirements of 

3 this section and the regulations promulgated here4 under, the Secretary shall—

5 ‘‘(A) notify—

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

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

8 vessel’s next port of call; and 

9 ‘‘(B) take such other action as may be ap10 propriate. 

11 ‘‘(j) DETENTION OF VESSELS.—

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

13 the owner, charterer, managing operator, agent, 

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

15 may detain that vessel if the Secretary has reason16 able cause to believe that—

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

18 section applies; 

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

20 requirements of this section or of the regula21 tions issued hereunder or is being operated in 

22 violation of such requirements; and 

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

24 the United States. 

25 ‘‘(2) CLEARANCE.— 
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1 ‘‘(A) IN GENERAL.—A vessel detained 

2 under paragraph (1) may obtain clearance 

3 under section 4197 of the Revised Statutes (46 

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

5 it was detained has been corrected. 

6 ‘‘(B) WITHDRAWAL.—If the Secretary 

7 finds that a vessel detained under paragraph 

8 (1) has received a clearance under section 4197 

9 of the Revised Statutes (46 U.S.C. App. 91) be10 fore it was detained under paragraph (1), the 

11 Secretary shall request the Secretary of the 

12 Treasury to withdraw the clearance. Upon re13 quest of the Secretary, the Secretary of the 

14 Treasury shall withhold or revoke the clearance. 

15 ‘‘(k) SANCTIONS.— 

16 ‘‘(1) CIVIL PENALTIES.—Any person who vio17 lates a regulation promulgated under this section 

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

19 to exceed $25,000. Each day of a continuing viola20 tion constitutes a separate violation. A vessel oper21 ated in violation of the regulations is liable in rem 

22 for any civil penalty assessed under this subsection 

23 for that violation. 
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1 ‘‘(2) CRIMINAL PENALTIES.—Any person who 

2 knowingly violates the regulations promulgated 

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

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

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

6 Secretary, the Secretary of the Treasury shall with7 hold or revoke the clearance of a vessel required by 

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

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

10 in violation of the regulations issued under this sec11 tion. 

12 ‘‘(4) EXCEPTION TO SANCTIONS.—This sub13 section does not apply to a failure to exchange bal14 last water if— 

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

16 faith, decides that the exchange of ballast water 

17 will threaten the safety or stability of the vessel, 

18 its crew, or its passengers; and 

19 ‘‘(B) the recordkeeping and reporting re20 quirements of the Act are complied with. 

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

22 OTHER FOREIGN GOVERNMENTS.—In developing the 

23 guidelines issued and regulations promulgated under this 

24 section, the Secretary is encouraged to consult with the 

25 Government of Canada, the Government of Mexico, and
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1 any other government of a foreign country that the Sec2 retary, in consultation with the Task Force, determines 

3 to be necessary to develop and implement an effective 

4 international program for preventing the unintentional in5 troduction and spread of nonindigenous species. 

6 ‘‘(m) INTERNATIONAL COOPERATION.—The Sec7 retary, in cooperation with the International Maritime Or8 ganization of the United Nations and the Commission on 

9 Environmental Cooperation established pursuant to the 

10 North American Free Trade Agreement, is encouraged to 

11 enter into negotiations with the governments of foreign 

12 countries to develop and implement an effective inter13 national program for preventing the unintentional intro14 duction and spread of nonindigenous species. The Sec15 retary is particularly encouraged to seek bilateral or multi16 lateral agreements with Canada, Mexico, and other na17 tions in the Wider Caribbean (as defined in the Conven18 tion for the Protection and Development of the Marine 

19 Environment of the Wider Caribbean (Cartagena Conven20 tion) under this section. 

21 ‘‘(n) NON-DISCRIMINATION.—The Secretary shall en22 sure that vessels registered outside of the United States 

23 do not receive more favorable treatment than vessels reg24 istered in the United States when the Secretary performs 

25 studies, reviews compliance, determines effectiveness, es-
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1 tablishes requirements, or performs any other responsibil2 ities under this Act. 

3 ‘‘(o) SUPPORT FOR FEDERAL BALLAST WATER DEM4 ONSTRATION PROJECT.—In addition to amounts other5 wise available to the Maritime Administration, the Na6 tional Oceanographic and Atmospheric Administration, 

7 and the United States Fish and Wildlife Service for the 

8 Federal Ballast Water Demonstration Project, the Sec9 retary shall provide support for the conduct and expansion 

10 of the project, including grants for research and develop11 ment of innovative technologies for the management, 

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

13 ballast water exchange, and for other vessel vectors of 

14 invasive aquatic species such as hull fouling. There are 

15 authorized to be appropriated to the Secretary 

16 $25,000,000 for each fiscal year to carry out this sub17 section. 

18 ‘‘(p) CONSULTATION WITH TASK FORCE.—The Sec19 retary shall consult with the Task Force in carrying out 

20 this section. 

21 ‘‘(q) PREEMPTION.—Notwithstanding any other pro22 vision of law, the provisions of subsections (e) and (f) 

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

24 State or local law determined by the Secretary to be incon-
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1 sistent with the requirements of that subsection or to con2 flict with the requirements of that subsection. 

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

4 regulations as may be necessary to carry out this section 

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

6 this section.’’. 

7 (b) DEFINITIONS.—Section 1003 of the Nonindige8 nous Aquatic Nuisance Prevention and Control Act of 

9 1990 (16 U.S.C. 4702) is amended—

10 (1) by redesignating—

11 (A) paragraphs (1), (2), and (3) as para12 graphs (2), (3), and (4), respectively; 

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

14 as paragraphs (8), (9), (10), (11), and (12), re15 spectively; 

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

17 (14) and (15) respectively; 

18 (D) paragraphs (11) and (12) as para19 graphs (17) and (18), respectively; 

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

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

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

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

24 inserting it after paragraph (22), as redesig25 nated; 
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1 (2) by inserting before paragraph (2), as redes2 ignated, the following: 

3 ‘‘(1) ‘adverse impact’ means the direct or indi4 rect result or consequence of an event or process 

5 that—

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

7 human health, property, or a natural resource; 

8 ‘‘(B) impairs biological diversity; or 

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

10 waters subject to the jurisdiction of the United 

11 States;’’; 

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

13 and inserting the following: 

14 ‘‘(4) ‘ballast water’—

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

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

17 stresses of the vessel, including matter sus18 pended in such water; but 

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

20 water that does not contain harmful aquatic or21 ganisms or pathenogens that is taken on board 

22 a vessel and used for a purpose described in 

23 subparagraph (A) if such potable or technical 

24 water is discharged in compliance with section 
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•S 363 IS 

1 312 of the Clean Water Act (33 U.S.C. 

2 1322);’’; 

3 (4) by inserting after paragraph (4) the fol4 lowing: 

5 ‘‘(5) ‘ballast water capacity’ means the total 

6 volumetric capacity of any tanks, spaces, or com7 partments on a vessel that is used for carrying, load8 ing, or discharging ballast water, including any 

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

10 allow carriage of ballast water; 

11 ‘‘(6) ‘ballast water management’ means me12 chanical, physical, chemical, and biological processes 

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

14 render harmless, or avoid the uptake or discharge of 

15 harmful aquatic organisms and pathogens within 

16 ballast water and sediment; 

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

18 of a vessel at which—

19 ‘‘(A) the keel is laid; 

20 ‘‘(B) construction identifiable with the spe21 cific vessel begins; 

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

23 comprising at least 50 tons or 1 percent of the 

24 estimated mass of all structural material of the 

25 vessel, whichever is less; or
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1 ‘‘(D) the vessel undergoes a major conver2 sion;’’; 

3 (5) by inserting after paragraph (12), as redes4 ignated, the following: 

5 ‘‘(13) ‘harmful aquatic organisms and patho6 gens’ means aquatic organisms or pathogens that 

7 have been determined by the Secretary, after con8 sultation with the Administrator of the National 

9 Oceanographic and Atmospheric Administration and 

10 the Administrator of the Environmental Protection 

11 Agency, to cause an adverse impact if introduced 

12 into the waters subject to the jurisdiction of the 

13 United States;’’; 

14 (6) by inserting after paragraph (15), as redes15 ignated, the following: 

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

17 a vessel, that—

18 ‘‘(A) changes its ballast water carrying ca19 pacity by at least 15 percent; 

20 ‘‘(B) changes the vessel class; 

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

22 by at least 10 years (as determined by the Sec23 retary); or 

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

25 ballast water system, except—
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•S 363 IS 

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

2 or 

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

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

5 (7) by inserting after paragraph (18), as redes6 ignated, the following: 

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

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

9 (8) by inserting after paragraph (23), as redes10 ignated, the following: 

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

12 harbor, or offshore terminal under the jurisdiction of 

13 the United States, including ports located in Puerto 

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

15 States Virgin Islands; 

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

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

18 Department of Defense, other than a time or 

19 voyage chartered vessel; and 

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

21 Department of Homeland Security that is des22 ignated by the Secretary of the department in 

23 which the Coast Guard is operating as a vessel 

24 equivalent to a vessel described in subparagraph 

25 (A);’’; and 
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1 (9) by inserting after paragraph (26), as redes2 ignated, the following: 

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

4 United States’ means navigable waters and the terri5 torial sea of the United States, the exclusive eco6 nomic zone, and the Great Lakes.’’. 

7 (c) GREAT LAKES REGULATIONS.—Until vessels de8 scribed in section 1101(e)(2) of the Nonindigenous Aquat9 ic Nuisance Prevention and Control Act of 1990 (16 

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

11 to conduct ballast water treatment in accordance with the 

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

13 1101(f)), as amended by this Act, the regulations promul14 gated by the Secretary of Transportation under section 

15 1101 of the Nonindigenous Aquatic Nuisance Prevention 

16 and Control Act of 1990 (16 U.S.C. 4711), as such regu17 lations were in effect on the day before the date of enact18 ment of this Act, shall remain in full force and effect for, 

19 and shall continue to apply to, such vessels. 

20 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

21 Section 1301(a) of the Nonindigenous Aquatic Nui22 sance Prevention and Control Act of 1990 (16 U.S.C. 

23 4741(a)) is amended—

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

25 paragraph (4)(B); 
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1 (2) by striking ‘‘1102(f).’’ in paragraph (5)(B) 

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

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

4 ‘‘(6) $10,000,000 for each of fiscal years 2006 

5 through 2010 to the Secretary to carry out section 

6 1101.’’. 

7 SEC. 5. COAST GUARD REPORT ON OTHER VESSEL-RE8 LATED VECTORS OF INVASIVE SPECIES. 

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

10 enactment of this Act, the Commandant of the Coast 

11 Guard shall transmit a report to the Senate Committee 

12 on Commerce, Science, and Transportation and the House 

13 of Representatives Committee on Transportation and In14 frastructure on vessel-related vectors of harmful aquatic 

15 organisms and pathogens other than ballast water and 

16 sediment, including vessel hulls and equipment, and from 

17 vessels equipped with ballast tanks that carry no ballast 

18 water on board. 

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

20 Coast Guard shall develop best practices standards and 

21 procedures designed to reduce the introduction of invasive 

22 species into and within the United States from vessels and 

23 establish a timeframe for implementation of those stand24 ards and procedures by vessels, in addition to the manda25 tory requirements set forth in section 1101 for ballast 
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1 water. Such standards and procedures should include des2 ignation of geographical locations for uptake and dis3 charge of untreated ballast water, as well as standards and 

4 procedures for other vessel vectors of invasive aquatic spe5 cies. The Commandant shall transmit a report to the Com6 mittees describing the standards and procedures developed 

7 and the implementation timeframe, together with any rec8 ommendations, including legislative recommendations if 

9 appropriate, the Commandant deems appropriate. The 

10 Secretary of the department in which the Coast Guard is 

11 operating may promulgate regulations to incorporate and 

12 enforce standards and procedures developed under this 

13 subsection.

Æ