I 
110TH CONGRESS 
1ST SESSION 
H. R. 889 
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 HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2007 
Mrs. MILLER of Michigan introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure, and in addition to 
the Committee on Natural Resources, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 to establish vessel ballast water 
management requirements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prevention of Aquatic 
Invasive Species Act of 2007’’. 
SEC. 2. FINDINGS. 
Section 1002(a) of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS
4701(a)) is amended by striking ‘‘and’’ after the semicolon 
at the end of paragraph (14), by striking the period at 
the end of paragraph (15) and inserting a semicolon, and 
by adding at the end the following: 
‘‘(16) the introduction of aquatic invasive spe-
cies into the Nation’s waters is one of the most ur-
gent issues facing aquatic ecosystems in the United 
States; 
‘‘(17) the direct and indirect costs of aquatic 
invasive species to the economy of the United States 
have been estimated at billions of dollars per year; 
‘‘(18) invasive species are thought to have been 
involved in 70 percent of the last century’s 
extinctions of native aquatic species; 
‘‘(19) aquatic invasive species are a significant 
problem throughout the United States, including 
Hawaii, Alaska, San Francisco Bay, the Great 
Lakes, the Southeast, and the Chesapeake Bay; 
‘‘(20) ballast water from ships is one of the 
largest pathways for the introduction and spread of 
aquatic invasive species; 
‘‘(21) it has been estimated that some 10,000 
non-indigenous aquatic species travel around the 
globe each day in the ballast water of cargo ships; 
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS
‘‘(22) over 2 billion gallons of ballast water are 
discharged in United States waters each year; 
‘‘(23) ballast water has been found to transport 
not only invasive plants and animals but pathogens 
as well, such as cholera; 
‘‘(24) aquatic invasive species may also be in-
troduced by other vessel conduits, including the hulls 
of ships; 
‘‘(25) aquatic invasive species may be trans-
ferred from other countries, or from distinct regions 
in the United States; 
‘‘(26) current Federal programs are insufficient 
to effectively address this growing problem; 
‘‘(27) preventing aquatic invasive species from 
being introduced is the most cost-effective approach 
for addressing this issue because, once established, 
they are costly and sometimes impossible to control; 
‘‘(28) in 2004, the International Maritime Or-
ganization agreed to a Convention, which the United 
States played an active role in negotiating, to pre-
vent, minimize, and ultimately eliminate the transfer 
of aquatic invasive species through the control and 
management of ballast water and sediments; and 
‘‘(29) the International Maritime Organization 
agreement specifically recognizes that countries can 
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS
take more stringent measures than those of the Con-
vention with respect to the control and management 
of ships’ ballast water and sediment.’’. 
TITLE I—PREVENTION OF IN-
TRODUCTION 
OF 
AQUATIC 
INVASIVE SPECIES INTO WA-
TERS OF THE UNITED STATES 
BY VESSELS 
SEC. 101. BALLAST WATER MANAGEMENT. 
(a) IN GENERAL.—Section 1101 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4711) is amended to read as follows: 
‘‘SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC 
INVASIVE SPECIES INTO WATERS OF THE 
UNITED STATES BY VESSELS. 
‘‘(a) VESSELS TO WHICH THIS SECTION APPLIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), and (4), this section applies to a 
vessel (including a towed vessel, and any structure 
being towed by a vessel) that is designed, con-
structed, or adapted to carry ballast water; and 
‘‘(A) is a vessel (or a structure being towed 
by a vessel) of United States registry or nation-
ality, or operated under the authority of the 
United States, wherever located; or 
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS
‘‘(B) is a foreign vessel that (or a struc-
ture being towed by a foreign vessel that)— 
‘‘(i) is en route to a United States 
port or place; or 
‘‘(ii) has departed from a United 
States port or place and is within waters 
subject to the jurisdiction of the United 
States. 
‘‘(2) PERMANENT BALLAST WATER VESSELS.— 
This section does not apply to a vessel that carries 
all of its permanent ballast water in sealed tanks 
and is not subject to discharge. 
‘‘(3) ARMED FORCES VESSELS.— 
‘‘(A) EXEMPTION.—Except as provided in 
subparagraph (B), this section does not apply 
to a vessel of the Armed Forces. 
‘‘(B) BALLAST WATER MANAGEMENT PRO-
GRAM.—The Secretary of Defense and the Sec-
retary, after consultation with the Adminis-
trator and the Under Secretary, shall imple-
ment a ballast water management program, in-
cluding the promulgation of standards for bal-
last water exchange and treatment and for sedi-
ment management, for vessels of the Armed 
Forces under their respective jurisdictions de-
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS
signed, constructed, or adapted to carry ballast 
water that is— 
‘‘(i) consistent with the requirements 
of this section, including the deadlines; and 
‘‘(ii) at least as stringent as the re-
quirements promulgated for such vessels 
under section 312 of the Federal Water 
Pollution Control Act (33 U.S.C. 1322). 
‘‘(4) SPECIAL RULE FOR SMALL RECREATIONAL 
VESSELS.—In applying this section to recreational 
vessels less than 50 meters in length that have a 
maximum ballast water capacity of 8 cubic meters, 
the Secretary may promulgate alternative measures 
for managing ballast water in a manner that is con-
sistent with the requirements of this section. 
‘‘(b) UPTAKE AND DISCHARGE OF BALLAST WATER 
OR SEDIMENT.— 
‘‘(1) PROHIBITION.—The operator of a vessel to 
which this section applies may not conduct the up-
take or discharge of ballast water or sediment except 
as provided in this section. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not 
apply to the uptake or discharge of ballast water or 
sediment in the following circumstances: 
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS
‘‘(A) The uptake or discharge is solely for 
the purpose of— 
‘‘(i) ensuring the safety of the vessel 
in an emergency situation; or 
‘‘(ii) saving a life at sea. 
‘‘(B) The uptake or discharge is accidental 
and the result of damage to the vessel or its 
equipment and— 
‘‘(i) all reasonable precautions to pre-
vent or minimize ballast water and sedi-
ment discharge have been taken before and 
after the damage occurs, the discovery of 
the damage, and the discharge; and 
‘‘(ii) the owner or officer in charge of 
the vessel did not willfully or recklessly 
cause the damage. 
‘‘(C) The uptake or discharge is solely for 
the purpose of avoiding or minimizing the dis-
charge from the vessel of pollution that would 
otherwise violate applicable Federal or State 
law. 
‘‘(D) The uptake or discharge of ballast 
water and sediment occurs at the same location 
where the whole of that ballast water and that 
sediment originated and there is no mixing with 
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS
ballast water and sediment from another area 
that has not been managed in accordance with 
the requirements of this section. 
‘‘(c) AQUATIC INVASIVE SPECIES PLAN.— 
‘‘(1) IN GENERAL.—The operator of a vessel to 
which this section applies shall conduct all ballast 
water management operations of that vessel in ac-
cordance with an aquatic invasive species plan de-
signed to minimize the discharge of aquatic invasive 
species that— 
‘‘(A) meets the requirements prescribed by 
the Secretary by regulation; and 
‘‘(B) is approved by the Secretary. 
‘‘(2) APPROVAL CRITERIA.— 
‘‘(A) IN
GENERAL.—The Secretary may 
not approve an aquatic invasive species plan un-
less the Secretary determines that the plan— 
‘‘(i) describes in detail the actions to 
be taken to implement the ballast water 
management 
requirements 
established 
under this section; 
‘‘(ii) describes in detail the procedures 
to be used for disposal of sediment at sea 
and on shore in accordance with the re-
quirements of this section; 
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS
‘‘(iii) describes in detail safety proce-
dures for the vessel and crew associated 
with ballast water management; 
‘‘(iv) designates the officer on board 
the vessel in charge of ensuring that the 
plan is properly implemented; 
‘‘(v) contains the reporting require-
ments for vessels established under this 
section and a copy of each form necessary 
to meet those requirements; 
‘‘(vi) includes documents relevant to 
aquatic 
invasive 
species 
management 
equipment and procedures; 
‘‘(vii) includes the location of access 
points for sampling ballast water and sedi-
ment; 
‘‘(viii) includes other requirements 
prescribed by the Secretary, including 
operational requirements for complying 
with subsections (f) and (g); 
‘‘(ix) includes a contingency plan for 
acting under the safety or stability excep-
tion under subsection (f)(4), that includes 
procedures to reduce the risk of organism 
transfer via ballast water discharge; and 
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS
‘‘(x) meets all other requirements pre-
scribed by the Secretary. 
‘‘(B) FOREIGN
VESSELS.—The Secretary 
may approve an aquatic invasive species plan 
for a foreign vessel (as defined in section 101 
of title 46, United States Code) on the basis of 
a certificate of compliance with the criteria de-
scribed in subparagraph (A) issued by the ves-
sel’s country of registration in accordance with 
regulations promulgated by the Secretary. 
‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The 
owner or operator of a vessel to which this section 
applies shall— 
‘‘(A) maintain a copy of the vessel’s aquat-
ic invasive species plan on board at all times; 
and 
‘‘(B) keep the plan readily available at all 
reasonable times for examination by the Sec-
retary or a representative of the State in which 
the port is located. 
‘‘(4) REGULATIONS.—The Secretary, in con-
sultation with the Task Force, shall issue regula-
tions prescribing the requirements of this subsection. 
‘‘(d) VESSEL BALLAST WATER RECORD BOOK.— 
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS
‘‘(1) IN GENERAL.—The owner or operator of a 
vessel to which this section applies shall maintain a 
ballast water record book in English on board the 
vessel in which— 
‘‘(A) each operation involving the uptake 
or discharge of ballast water or sediment dis-
charge is fully recorded without delay, in ac-
cordance with regulations promulgated by the 
Secretary; 
‘‘(B) each such operation is described in 
detail, including the location and circumstances 
of, and the reason for, the operation; and 
‘‘(C) the exact nature and circumstances of 
any situation under which any operation was 
conducted under an exception set forth in sub-
section (b)(2) or (f)(4) is described. 
‘‘(2) AVAILABILITY.—The ballast water record 
book— 
‘‘(A) shall be kept readily available for ex-
amination by the Secretary or a representative 
of the State at all reasonable times in each port 
that is entered by the vessel; and 
‘‘(B) notwithstanding paragraph (1), may 
be kept on the towing vessel in the case of an 
unmanned vessel under tow. 
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS
‘‘(B) any vessel owned or operated by the 
Department of Homeland Security that is des-
ignated by the Secretary of the department in 
which the Coast Guard is operating as a vessel 
equivalent to a vessel described in subparagraph 
(A);’’; 
(8) by striking the period at the end of para-
graph (24), as redesignated, and inserting a semi-
colon; and 
(9) by inserting after paragraph (27), as redes-
ignated, the following: 
‘‘(28) ‘waters subject to the jurisdiction of the 
United States’ means navigable waters and the terri-
torial sea of the United States, the exclusive eco-
nomic zone, and the Great Lakes.’’. 
TITLE II—PREVENTION OF THE 
INTRODUCTION OF AQUATIC 
INVASIVE SPECIES BY OTHER 
PATHWAYS 
SEC. 201. COAST GUARD REPORTS AND STANDARDS ON 
OTHER 
SOURCES 
OF 
VESSEL-BORNE 
INVASIVE SPECIES. 
(a) REPORT ON HULL-FOULING AND OTHER VESSEL 
SOURCES.—Within 180 days after the date of enactment 
of this Act, the Commandant of the Coast Guard shall 
VerDate Aug 31 2005 
23:34 Feb 09, 2007
Jkt 059200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H889.IH
H889
mstockstill on PROD1PC66 with BILLS