217 
enter into negotiations with the governments of foreign 
countries to develop and implement an effective inter-
national program for preventing the unintentional intro-
duction and spread of aquatic invasive species. The Sec-
retary is particularly encouraged to seek bilateral or multi-
lateral agreements with Canada, Mexico, and other na-
tions in the Wider Caribbean Region (as defined in the 
Convention for the Protection and Development of the Ma-
rine Environment of the Wider Caribbean, signed at 
Cartagena on March 24, 1983 (TIAF 11085), to carry 
out the objectives of this section. 
‘‘(o) NONDISCRIMINATION.—The Secretary shall en-
sure that foreign vessels do not receive more favorable 
treatment than vessels of the United States when the Sec-
retary performs studies, reviews compliance, determines 
effectiveness, establishes requirements, or performs any 
other responsibilities under this Act. 
‘‘(p) CONSULTATION WITH TASK FORCE.—The Sec-
retary shall consult with the Task Force in carrying out 
this section. 
‘‘(q) PREEMPTION.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (i)(4) and paragraph (4) of this subsection 
but notwithstanding any other provision of law, the 
provisions of subsections (e) and (f) supersede any
218 
provision of State or local law that is inconsistent 
with the requirements of those subsections or that 
conflicts with the requirements of those subsections. 
‘‘(2) GREATER PENALTIES OR FEES.—For pur-
pose of paragraph (1), the imposition by State or 
local law of greater penalties or fees for acts or 
omissions that are violations of such law and also 
violations of this Act or the imposition by a State of 
incentives under subsection (f)(9)(B) shall not be 
considered to be inconsistent, or to conflict, with the 
requirements of subsections (e) and (f). 
‘‘(3) RECEPTION
FACILITIES.—The standards 
issued by the Secretary or the heads of other appro-
priate Federal agencies under subsection (f)(2) do 
not supersede any more stringent standard under 
any otherwise applicable Federal, State, or local law. 
‘‘(4) LIMITATION ON APPLICATION.—Until Jan-
uary 1, 2012, this subsection does not apply to a 
State law requiring ballast water treatment and any 
regulations prescribed under that law as those laws 
and regulations were in effect on January 1, 2007. 
‘‘(r) LEGAL ACTIONS.— 
‘‘(1) CIVIL ACTION.—Any person may petition 
the Secretary to bring a civil action in an appro-
priate district court of the United States to enforce
219 
this section, or any regulation promulgated here-
under. Within 90 days after receiving such a peti-
tion, the Secretary shall— 
‘‘(A) respond to the person filing the peti-
tion with a determination of whether a violation 
of this section, or any regulation promulgated 
hereunder, has occurred or is occurring; and 
‘‘(B) if the Secretary determines that a 
violation of this section, or any regulation pro-
mulgated hereunder, has occurred or is occur-
ring— 
‘‘(i) immediately bring a civil action in 
an appropriate district court of the United 
States to enforce this section, or any regu-
lation promulgated hereunder; or 
‘‘(ii) demonstrate that the violation 
has ceased. 
‘‘(2) RELIEF.—Any court before which such an 
action is brought may award appropriate relief, in-
cluding temporary or permanent injunctive relief and 
civil penalties. 
‘‘(s) COAST GUARD REPORT ON OTHER SOURCES OF 
VESSEL-BOURNE NUISANCE SPECIES.— 
‘‘(1) IN GENERAL.—
220 
‘‘(A) HULL-FOULING AND OTHER VESSEL 
SOURCES.—Not later than 180 days after the 
date of enactment of the Ballast Water Treat-
ment Act of 2008, the Secretary shall transmit 
a report to the Committee on Commerce, 
Science, and Transportation of the Senate and 
the Committee on Transportation and Infra-
structure of the House of Representatives on 
vessel-related pathways of harmful aquatic or-
ganisms and pathogens other than ballast water 
and sediment, including vessel hulls and equip-
ment, and from vessels equipped with ballast 
tanks that carry no ballast water on board. 
‘‘(B) BEST PRACTICES.— 
‘‘(i) IN GENERAL.—As soon as prac-
ticable, the Secretary shall develop best 
practices standards and procedures de-
signed to reduce the introduction and 
spread of invasive species into and within 
the United States from vessels and estab-
lish a timeframe for implementation of 
those standards and procedures by vessels. 
Such standards and procedures shall in-
clude designation of geographical locations 
for uptake and discharge of untreated bal-
221 
last water, as well as standards and proce-
dure for other vessel pathways of aquatic 
invasive species. 
‘‘(ii) REPORT.—The Secretary shall 
transmit a report to the committees re-
ferred to in subparagraph (A) describing 
the standards and procedures developed 
under this subparagraph and the imple-
mentation timeframe, together with such 
recommendations as the Secretary deter-
mines appropriate. 
‘‘(iii) REGULATIONS.—The Secretary 
may issue regulations to incorporate and 
enforce standards and procedures devel-
oped under this paragraph. 
‘‘(2) TRANSITING
VESSELS.—Not later than 
180 days after the date of enactment of the Ballast 
Water Treatment Act of 2008, the Secretary shall 
transmit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives containing— 
‘‘(A) an assessment of the magnitude and 
potential adverse impacts of ballast water oper-
ations from foreign vessels designed, adapted,